[Rev. 2/12/2019 1:58:28 PM]
κ1993 Statutes of Nevada, Page 481 (CHAPTER 221, AB 257)κ
2. A person employed as a member of the professional staff who is enrolled in the public employees retirement system at the time of his employment shall remain a member of that system. Any other eligible employee [shall] must be enrolled in the retirement program.
Sec. 2. NRS 286.804 is hereby amended to read as follows:
286.804 1. The retirement program may be a separate system or fund or may participate in a larger system or fund with respect to some or all of the benefits provided under the program. The benefits under the retirement program may be provided through [insurance policies or annuity contracts,] any investment entity or combination of entities, including, but not limited to:
(a) An insurance or annuity contract, either fixed or variable in nature [, or through a combination thereof,] ;
(b) A mutual fund;
(c) A bank or other depository institution; and
(d) An investment adviser who is registered pursuant to the Investment Advisers Act of 1940,
as specified in the program. [The insurance policies and]
2. If benefits are provided through insurance or annuity contracts , the contracts may be obtained from any life insurance or annuity company authorized to do business in this state, or from an affiliate of such a company if the affiliate is organized as a nonprofit educational corporation and issues annuities only to nonprofit institutions of education and research.
3. As used in this section, depository institution has the meaning ascribed to it in NRS 657.037.
Sec. 3. NRS 286.808 is hereby amended to read as follows:
286.808 1. The board of regents [of the University of Nevada System] shall contribute on behalf of each participant an amount equal to 10 percent of the participants gross compensation during continuance of employment. Each participant shall also contribute 10 percent of his gross compensation, but the contributions required by this section must not be less than those authorized by NRS 286.410 and NRS 286.450. Payment of the contributions required by this section must be made by the disbursing officer for the university to the designated [company] investment entities for the benefit of each participant.
2. The board of regents may, on behalf of each participant, pay the contribution required to be paid by the participant in subsection 1. Any such payment must be:
(a) Made in lieu of an equivalent increase in the basic salary or in the cost of living for the participant, or both; or
(b) Counterbalanced by an equivalent reduction in the participants salary.
Sec. 4. NRS 286.810 is hereby amended to read as follows:
286.810 The board of regents [of the University of Nevada] shall designate the [company from which contracts are to be purchased] investment entities to provide investment services under the retirement program and shall approve the form and contests of [such] the contracts. In making the designation and giving the approval, the board shall consider:
1. The nature and extent of the rights and benefits to be provided by such contracts for staff members and their beneficiaries;
κ1993 Statutes of Nevada, Page 482 (CHAPTER 221, AB 257)κ
2. The relation of such rights and benefits to the amount of contributions to be made;
3. The suitability of such rights and benefits to the needs of the staff members and the interests of the [college] University of Nevada System in the recruitment and retention of staff members; and
4. The ability of the designated [company or companies] investment entities to provide such suitable rights and benefits under such contracts.
Sec. 5. NRS 286.816 is hereby amended to read as follows:
286.816 A retirement, death or other benefit [shall] must not be paid by the State of Nevada or the board of regents [of the University of Nevada] under the retirement program. Benefits are payable to participating employees or their beneficiaries only by the designated [company] investment entities in accordance with the terms of the contracts.
Sec. 6. NRS 287.0475 is hereby amended to read as follows:
287.0475 1. A public employee who has retired pursuant to NRS 286.510 or 286.620 or a [contract issued] retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement under NRS 287.010, 287.020 or 287.0433 as a public employee by:
(a) Giving written notice of his intent to reinstate the insurance to the employees last public employer not later than January 31, of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the policys premiums, in the manner set forth in NRS 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31, of the year in which the public employee or surviving spouse gives notice of his intent to reinstate the insurance. The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The reinstated insurance has been in effect more than 12 consecutive months.
3. The retired public employee, his dependents and the surviving spouse of [such] a retired public employee who is deceased must show evidence of their good health as a condition of the reinstatement.
Sec. 7. This act becomes effective upon passage and approval.
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κ1993 Statutes of Nevada, Page 483κ
Assembly Bill No. 502 — Committee on Health and Human Services
CHAPTER 222
AN ACT relating to child support; making various changes to statutory provisions governing the support of dependent children; expanding the applicability of certain existing provisions; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 425.3810 is hereby amended to read as follows:
425.3810 1. A master must be appointed [to a full-time position, or an equivalent position,] as set forth in this section.
2. The district judges of [the] :
(a) The family court of the second judicial district shall appoint the masters for that district, and shall establish the qualifications and duties of those masters [.] ; and
(b) The family court of the eighth judicial district shall appoint the masters for that district, and shall establish the qualifications and duties of those masters.
3. The district judges of the remaining judicial districts [, excluding the eighth judicial district,] shall appoint the masters for those districts, and shall establish the qualifications and duties of those masters.
4. A master serves at the pleasure of the district judges who appointed him.
Sec. 2. NRS 425.3834 is hereby amended to read as follows:
425.3834 1. Upon issuance by a district court of an order approving a recommendation for support of a dependent child, the chief shall enforce and collect upon the order, including arrearages.
2. A recommendation for support of a dependent child issued by the master is final upon approval by the district court pursuant to NRS 425.3844. [The] Upon such approval, the recommendation is in full force and effect while any judicial review is pending unless the recommendation is stayed by the district court.
3. The district court may review a recommendation for support of a dependent child issued by a master pursuant to the rules adopted therefor by the district judges of the judicial district in which the court is located.
Sec. 3. NRS 425.3842 is hereby amended to read as follows:
425.3842 1. When:
(a) A response denying paternity and requesting a hearing is received pursuant to NRS 425.3828; or
(b) Paternity is a valid issue as determined by the master,
certification to the district court must be to the court in the judicial district where the parent or dependent child resides.
2. The certification must include:
(a) The notice and finding of financial responsibility;
(b) The return of service;
(c) The denial of paternity;
κ1993 Statutes of Nevada, Page 484 (CHAPTER 222, AB 502)κ
(d) The request for hearing;
(e) The results of any blood test for genetic identification ordered by the master; and
(f) Any other relevant papers.
3. [The] Except as otherwise provided in subsection 6 of NRS 125B.080, the district court shall:
(a) Proceed in accordance with the provisions of chapter 126 of NRS that do not conflict with this section.
(b) [Consider] Apply the appropriate formula provided for in paragraph (b) of subsection 1 of NRS 125B.070 to establish the monthly support and the amount of debt to the state, if any, accrued and accruing.
Sec. 4. NRS 425.3844 is hereby amended to read as follows:
425.3844 1. The recommendation for support of a dependent child issued by the master, including a recommendation establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon as possible.
2. Within 10 days after receipt of the recommendation, either party may file with the district court and serve upon the other party written objections to the recommendation. The district court shall:
(a) If no objection if filed, accept the recommendation for support of a dependent child, including a recommendation establishing paternity, unless clearly erroneous, and judgment may be entered thereon; or
(b) If an objection is filed within the 10-day period, review the matter pursuant to NRS 425.3834 upon receipt of a notice and motion.
3. If a recommendation for support of a dependent child issued by the master, including a recommendation establishing paternity, modifies a previous order for support issued by any district court in this state, that district court [must] shall review the recommendation and approval or reject the recommendation issued by the master.
4. Upon approval by the district court of a recommendation for support of a dependent child, including a recommendation establishing paternity, a copy of the recommendation entered by the master pursuant to the provisions of NRS 425.382 to 425.3852, inclusive, with the approval of the court endorsed thereon, must be filed:
(a) In the office of the clerk of the district court;
(b) If the order of the district court approving the recommendation of the master modifies a previous order issued by any district court in this state, with the original order in the office of the clerk of that district court; and
(c) With any district court that conducts a proceeding related thereto pursuant to the provisions of chapter 130 of NRS.
5. Upon the approval and filing [,] of the recommendation as provided in subsection 4, the recommendation has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.
Sec. 5. NRS 425.385 is hereby amended to read as follows:
425.385 [The] Notwithstanding any other provision of this chapter, the master may certify a proceeding to establish an order for support of a dependent child or arrearages to the district court if the issues are complex or beyond the competence of the master.
κ1993 Statutes of Nevada, Page 485 (CHAPTER 222, AB 502)κ
beyond the competence of the master. The master shall enter a temporary recommendation for support in such cases. The temporary support must be paid to the district court and held until final resolution of the case.
Sec. 6. NRS 425.400 is hereby amended to read as follows:
425.400 1. The division may establish a central unit to serve as a registry for the receipt of information, for answering interstate inquiries concerning [deserting] responsible parents, to coordinate and supervise departmental activities in relation to [deserting] responsible parents and to assure effective cooperation with law enforcement agencies.
2. To effectuate the purposes of this section, the administrator or a prosecuting attorney may request all information and assistance as authorized by NRS 425.260 to 426.440, inclusive, from the following persons and entities:
(a) State, county and local agencies;
(b) Employers, public and private;
(c) Employee organizations and trusts of every kind;
(d) Financial institutions and entities which are in the business of providing credit reports; and
(e) Public utilities.
All of these persons and entities, their officers and their employees, shall cooperate in the location of a responsible parent who has abandoned or deserted, or is failing to support his child and shall on request supply the division and the prosecuting attorney with all information on hand relative to the location, income and property of such parent. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
3. Any record established pursuant to the provisions of this section is available only to:
(a) The attorney general;
(b) A district attorney;
(c) A court having jurisdiction in a paternity, support or abandonment proceeding or action;
(d) The resident parent, legal guardian, attorney or agent of a child who is not receiving aid to dependent children pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.); or
(e) An agency in other states engaged in the establishment of paternity or in the enforcement of support of minor children as authorized by regulations of the division and by the provisions of the Social Security Act.
Sec. 7. NRS 31A.025 is hereby amended to read as follows:
31A.025 1. Except as otherwise provided in subsection 2, whenever an order requiring a parent to make payments for the support of a child includes an order directing the withholding of wages and commissions for the payment of the support, the procedure provided by this chapter for the withholding of income must be initiated [:
(a) Immediately, if the case is on file with the enforcing authority;] immediately unless:
(a) All parties agree in writing that there should be no immediate withholding; or
(b) [Otherwise, at the time the enforcing authority is notified in writing of the entry of order by the person to whom the support is to be paid.] The court finds good cause for the postponement of withholding.
κ1993 Statutes of Nevada, Page 486 (CHAPTER 222, AB 502)κ
finds good cause for the postponement of withholding. Except as otherwise provided in this paragraph, a finding of good cause must be based on a written finding by the court that the immediate withholding of income would not be in the best interests of the child. In an action for modification or adjustment of a previous order for the support of a child, a finding of good cause may be based on evidence of timely payment by the parent under the previous order for support.
2. In the case of any order requiring a parent to make payments for the support of a child:
(a) That does not include an order directing the withholding of wages and commissions for the payment of the support; or
(b) In connection with which:
(1) Good cause has been found by a court for the postponement of withholding; or
(2) All parties have agreed in writing that there should be no immediate withholding,
the procedure for the withholding of income must be initiated at the time the responsible parent becomes delinquent in paying the support of a child in an amount equal to the amount he has been ordered to pay for a 30-pay period.
Sec. 8. NRS 125B.080 is hereby amended to read as follows:
125B.080 1. A court shall apply the appropriate formula set forth in paragraph (b) of subsection 1 of NRS 125B.070 to:
(a) Determine the required support in any case involving the support of children.
(b) Any request filed after July 1, 1987, to change the amount of the required support of children.
2. If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in paragraph (b) of subsection 1 of NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.
3. If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in paragraph (b) of subsection 1 of NRS 125B.070, any subsequent modification or adjustment of that support must be based upon changed circumstances or as a result of a review conducted pursuant to NRS 125B.145.
4. Notwithstanding the formulas set forth in paragraph (b) of subsection 1 of NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
κ1993 Statutes of Nevada, Page 487 (CHAPTER 222, AB 502)κ
5. It is presumed that the basic needs of a child are met by the formulas set forth in paragraph (b) of subsection 1 of NRS 125B.070. This presumption may be rebutted by evidence providing that the needs of a particular child are not met by the applicable formula.
6. If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall [set] :
(a) Set forth findings of fact as to the basis for the deviation from the formula [.] ; and
(b) Provide in the findings of fact the amount of support that would have been established under the applicable formula.
7. Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.
8. If a parent who has an obligation for support is willfully underemployed or unemployed, to avoid an obligation for support of a child, that obligation must be based upon the parents true potential earning capacity.
9. The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The responsibility of the parents for the support of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mothers pregnancy and confinement;
(i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and
(l) The relative income of both parents.
Sec. 9. 1. NRS 425.3805 is hereby repealed.
2. Section 23 of chapter 393, Statutes of Nevada 1991, at page 1039, is hereby repealed.
Sec. 10. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 488κ
Assembly Bill No. 529 — Assemblymen Kenny, Porter, Wendell Williams, Giunchigliani, Evans, Chowning, de Braga, Perkins, Bache, Collins, Anderson, Smith, Bonaventura, Carpenter, Lambert, Haller, McGaughey, Segerblom, Hettrick, Toomin, Petrak, Humke, Tiffany, Garner, Ernaut, Neighbors, Gregory, Heller, Bennett, Freeman, Myrna Williams, Augustine, Marvel, Spitler, Schneider, Dini, Regan, Arberry, Sader, Gibbons, Scherer and Price
CHAPTER 223
AN ACT relating to education; requiring the board of trustees of a school district to establish a program of instruction relating to child abuse for younger pupils; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district shall establish a program of instruction relating to child abuse for pupils in kindergarten and grades 1 to 6, inclusive.
2. The program must include, without limitation, instruction relating to the types of child abuse and the methods used to recognize, report, prevent and stop child abuse.
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Senate Bill No. 207 — Committee on Commerce and Labor
CHAPTER 224
AN ACT relating to the private investigators licensing board; providing that records or information of the investigations conducted by the board are confidential under certain circumstances; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any records or information obtained during the course of an investigation of a licensee by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
κ1993 Statutes of Nevada, Page 489 (CHAPTER 224, SB 207)κ
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
2. This section does not prevent or prohibit the board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.
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Senate Bill No. 214 — Committee on Commerce and Labor
CHAPTER 225
AN ACT relating to trade regulations; reducing the number of years that the registration of a mark or insigne is valid; increasing certain fees related to the registration of marks and insignia; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 600.340 is hereby amended to read as follows:
600.340 1. [Any] A person who adopts and uses a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:
(a) The name and business address of the person applying for the registration and, if it is a corporation, the state of incorporation;
(b) The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the secretary of state which includes those goods or services;
(c) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business; and
(d) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.
2. The application must:
(a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
(b) Be accompanied by a specimen or facsimile of the mark in triplicate and by a filing fee of [$25] $50 payable to the secretary of state.
Sec. 2. NRS 600.360 is hereby amended to read as follows:
600.360 1. The registration of a mark is effective for [10] 5 years from the date of registration and, upon application filed within 6 months before the expiration of that period, on a form to be furnished by the secretary of state, the registration may be renewed for a successive period of [10] 5 years. A renewal fee of [$10,] $25 payable to the secretary of state, must accompany the application for renewal of the registration.
κ1993 Statutes of Nevada, Page 490 (CHAPTER 225, SB 214)κ
renewal fee of [$10,] $25 payable to the secretary of state, must accompany the application for renewal of the registration.
2. [A mark] The registration of a mark may be renewed for [further successive 10-year] additional successive 5-year periods if the requirements of subsection 1 are satisfied.
3. The secretary of state shall give notice to each registrant when his registration is about to expire. The notice must be given within the year next preceding the expiration date, by writing to the registrants last known address.
4. [Any filing of a mark in force on July 1, 1979, expires 10 years from the date of the filing or of the last renewal of the registration, or on July 1, 1980, whichever is later, and may be renewed by filing an application with the secretary of state on a form furnished by him and paying the required renewal fee within 6 months before the expiration of the filing.
5.] All applications for renewals must include a statement that the mark is still in use in this state.
[6. The secretary of state shall before January 1, 1980, notify all persons who filed marks with his office before July 1, 1979, of the date when their filing expires under this section by writing to the last known address of the registrants.]
Sec. 3. NRS 600.370 is hereby amended to read as follows:
600.370 1. [Any] A mark and its registration [is] are assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. [Assignment shall be by an instrument] An assignment must be in writing [which] and may be recorded with the secretary of state upon the payment of a fee of [$25] $50 to the secretary of state who, upon recording the assignment, shall issue in the name of the assignee a certificate of assignment for the remainder of the period of the registration.
2. An assignment of any registration is void as against any subsequent purchaser for valuable consideration without notice, unless:
(a) The assignment is recorded with the secretary of state within 3 months after the date of the assignment; or
(b) The assignment is recorded before the subsequent purchase.
Sec. 4. NRS 600.395 is hereby amended to read as follows:
600.395 [The secretary of state may establish a reasonable fee, not to exceed $10, for the cancellation of registrations pursuant to NRS 600.390. The secretary of state shall pay the fees collected into the state treasury.] The fee for filing a cancellation of registration pursuant to NRS 600.390 is $25.
Sec. 5. NRS 601.060 is hereby amended to read as follows:
601.060 1. [Application] An application for registration, alteration or cancellation must be [made] completed by the chief officer or officers of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, upon blanks to be provided by the secretary of state.
2. Registration is for the use, benefit, and on behalf of all associations, degrees, branches, subordinate lodges [,] and auxiliaries [of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary] thereof, and the individual members and those who become members thereof, throughout this state.
κ1993 Statutes of Nevada, Page 491 (CHAPTER 225, SB 214)κ
lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary] thereof, and the individual members and those who become members thereof, throughout this state.
3. The application for registration must be accompanied by a filing fee of [$25] $50 payable to the secretary of state and, if the application is for registration of an [insignia,] insigne, by a specimen or facsimile of the [insignia] insigne in triplicate.
Sec. 6. NRS 601.105 is hereby amended to read as follows:
601.105 1. The registration of an [insignia] insigne or name is effective for [10] 5 years after the date of registration. Upon application filed within 6 months before the expiration of that period, on a form to be furnished by the secretary of state, the registration may be renewed for a successive period of [10] 5 years. A renewal fee of [$10] $25 payable to the secretary of state, must accompany the application for renewal of the registration.
2. The registration of an [insignia] insigne or name may be renewed for [further successive 10-year] additional successive 5-year periods if the requirements of subsection 1 are satisfied.
3. The secretary of state shall give written notice to each registered society, organization or association when its registration is about to expire. The notice must be mailed within the year preceding the expiration date to the registrants last known address.
Sec. 7. NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to Title 24 of NRS, per page..................................... $1.00
For a copy of any document required to be filed pursuant to Title 24 of NRS, per page........................................................................................ .50
For certifying to any such copy and use of the state seal, for each impression 5.00
For registering a mark, [insignia] insigne or name.......... [25.00] 50.00
For the delivery of an attested certificate of the record of the registration of a mark, [insignia] insigne or name................................... [5.00] 10.00
For each passport or other document signed by the governor and attested by the secretary of state.................................................................. 10.00
For a negotiable instrument returned unpaid............................... 10.00
κ1993 Statutes of Nevada, Page 492 (CHAPTER 225, SB 214)κ
2. The secretary of state:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
(d) May charge a reasonable fee, not to exceed $100, for providing special services including, but not limited to, providing service on the day it is requested or within 24 hours, accepting documents filed by telecopier, and other use of new technology.
3. All fees collected pursuant to paragraph (d) of subsection 2 must be deposited with the state treasurer for credit to the account for special services of the secretary of state in the state general fund. Any amount remaining in the account at the end of a fiscal year must be carried forward into the next fiscal year. Money in the account may be transferred to the secretary of states operating general fund budget account and must only be used to create and maintain the capability of the office of the secretary of state to provide special services, including, but not limited to, providing service:
(a) On the day it is requested or within 24 hours; or
(b) Necessary to increase or maintain the efficiency of the office.
Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.
Sec. 8. Notwithstanding the amendatory provisions of section 2 of this act, a mark that is registered or renewed on or before September 30, 1993, expires 10 years after the date of the registration or renewal. A mark that is registered or renewed after September 30, 1993, expires 5 years after the date of the registration or renewal.
Sec. 9. Notwithstanding the amendatory provisions of section 6 of this act, an insigne that is registered or renewed on or before September 30, 1993, expires 10 years after the date of the registration or renewal. An insigne that is registered or renewed after September 30, 1993, expires 5 years after the date of the registration or renewal.
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κ1993 Statutes of Nevada, Page 493κ
Senate Bill No. 254 — Committee on Human Resources and Facilities
CHAPTER 226
AN ACT relating to pharmacy; authorizing the exchange of information between pharmacists relating to the suspected misuse of drugs; requiring the state board of pharmacy to adopt regulations governing the exchange of such information; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.0745 is hereby amended to read as follows:
639.0745 1. The board may adopt regulations concerning:
[1.] (a) The transfer of information between pharmacies relating to prescriptions.
[2.] (b) The electronic transmission of a prescription from a practitioner to a pharmacist for the dispensing of a drug.
2. The board shall adopt regulations governing the exchange of information between pharmacists relating to prescriptions filled by the pharmacists for persons who are suspected of:
(a) Misusing prescriptions to obtain excessive amounts of drugs.
(b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.
Sec. 2. NRS 639.238 is hereby amended to read as follows:
639.238 1. Prescriptions filled and on file in a pharmacy are not a public record. A pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:
(a) The patient for whom the original prescription was issued;
(b) The practitioner who originally issued the prescription;
(c) A practitioner who is then treating the patient;
(d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration or an agent of the investigation division of the department of motor vehicles and public safety;
(e) An agency of state government charged with the responsibility of providing medical care for the patient;
(f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information; [or]
(g) Any person authorized by an order of a district court [.] ; or
(h) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating to persons who are suspected of:
(1) Misusing prescriptions to obtain excessive amounts of drugs.
(2) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.
2. Any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face, Copy, Not Refillable — For Reference Purposes Only; and such a copy must bear the name or initials of the registered pharmacist who prepared the copy.
κ1993 Statutes of Nevada, Page 494 (CHAPTER 226, SB 254)κ
on the original prescription and be clearly marked on its face, Copy, Not Refillable — For Reference Purposes Only; and such a copy must bear the name or initials of the registered pharmacist who prepared the copy.
3. If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.
4. If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.
________
Senate Bill No. 328 — Committee on Commerce and Labor
CHAPTER 227
AN ACT relating to mortgage companies; revising the qualifications for issuing a license as a mortgage company; requiring the commissioner of financial institutions to conduct an annual examination of each mortgage company doing business in this state; revising the grounds for taking certain disciplinary action against a licensee; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645B.015 is hereby amended to read as follows:
645B.015 [The] Except as otherwise provided in subsection 5 of NRS 645B.020, the provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, [common and] consumer finance companies, industrial loan companies, credit unions, thrift companies or insurance companies, unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.
2. A real estate investment trust as defined in 26 U.S.C. § 856, unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.
3. An employee benefit plan as defined in 29 U.S.C. § 1002(3) if the loan is made directly from money in the plan by the plans trustee.
4. An attorney at law rendering services in the performance of his duties as attorney at law.
5. A real estate broker rendering services in the performance of his duties as a real estate broker.
κ1993 Statutes of Nevada, Page 495 (CHAPTER 227, SB 328)κ
6. Except as otherwise provided in this subsection, any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller [or] and servicer; and
(c) Approved by the Department of Housing and Urban Development and the Veterans Administration.
A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 of NRS 645B.175 or offers for sale in this state any unregistered security under state or federal law and purports to make investments in promissory notes secured by liens on real property. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170 and subsection 3 of NRS 645B.175.
7. Any person doing any act under order of any court.
8. Any one natural person, or husband and wife, who provides money for investment in loans secured by a lien on real property, on his own account.
9. Agencies of the United States and of this state and its political subdivisions, including the public employees retirement system.
10. A seller of real property who offers credit secured by a mortgage of the property sold.
Sec. 2. NRS 645B.020 is hereby amended to read as follows:
645B.020 1. A license as a mortgage company may be obtained by filing a written application in the office of the commissioner.
2. The application must:
(a) Be verified.
(b) State the location of the applicants principal office and branch offices in the state.
(c) State the name under which the applicant will conduct business.
(d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the mortgage company business.
(g) Include a financial statement of the applicant.
(h) Include such other information as the commissioner determines necessary.
3. [If the commissioner determines after investigation that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the handling of money deposited for taxes and insurance premiums or otherwise held in escrow or trust accounts as provided in this chapter will protect and safeguard the public, he] The commissioner shall issue a license to [the] an applicant as a mortgage company [.]
κ1993 Statutes of Nevada, Page 496 (CHAPTER 227, SB 328)κ
issue a license to [the] an applicant as a mortgage company [.] if the application complies with the requirements of subsection 2, and the applicant and each general partner, officer or director of the applicant if the applicant is a partnership, corporation or unincorporated association:
(a) Has a good reputation for honesty, trustworthiness, integrity and displays competence to transact the business of a mortgage company in a manner which safeguards the interest of the general public. The applicant must submit satisfactory proof of these qualifications to the commissioner.
(b) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
(c) Has not made a false statement of material fact on his application.
(d) Has not had a license that was issued pursuant to the provisions of this chapter suspended or revoked within the 10 years immediately preceding the date of his application.
(e) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.
(f) Has not violated any of the provisions of this chapter or any regulation adopted pursuant thereto.
4. A license entitles the holder to engage only in the activities authorized by this chapter.
[4.] 5. A person who claims an exemption from the provisions of this chapter must apply to the commissioner for a certificate of exemption and pay the fee for application.
Sec. 3. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the commissioner on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The commissioner may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The commissioner may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.
3. If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time as he submits the report to the company. The commissioner shall by regulation prescribe the scope of audits conducted pursuant to this subsection.
κ1993 Statutes of Nevada, Page 497 (CHAPTER 227, SB 328)κ
4. A certificate of exemption issued pursuant to subsection [4] 5 of NRS 645B.020 expires December 31 next after the date of issuance if it is not renewed. A certificate of exemption may be renewed by filing an application for renewal and paying the annual fee for renewal of a certificate of exemption for the succeeding year. The application and payment must be received by the commissioner on or before December 31 next preceding the expiration date. If the application or payment is not received by December 31, the certificate of exemption is canceled. The commissioner may reinstate the certificate if the applicant pays the filing fee and a reinstatement fee of $100.
5. The filing fees are:
(a) For filing an original application, $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.285.
(b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.
(d) For filing an application for a certificate of exemption, $200.
(e) For filing an application for renewal of a certificate of exemption, $100.
(f) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
6. Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 4. NRS 645B.060 is hereby amended to read as follows:
645B.060 1. Subject to the administrative control of the director of the department of commerce, the commissioner shall exercise general supervision and control over mortgage companies doing business in this state.
2. In addition to the other duties imposed upon him by law, the commissioner shall:
(a) Adopt reasonable regulations as may be necessary for making effective this chapter, except as to loan brokerage fees.
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
(c) Conduct an annual examination of each mortgage company doing business in this state.
(d) Conduct such other examinations, periodic or special audits, investigations and hearings [, in addition to those specifically provided for by law,] as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage companies.
[(d)] (e) Classify as confidential certain records and information obtained by the division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by the legislative auditor.
[(e)] (f) Conduct such examinations and investigations as are necessary to ensure that mortgage companies meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
κ1993 Statutes of Nevada, Page 498 (CHAPTER 227, SB 328)κ
obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
3. For each special audit, investigation or examination a mortgage company shall pay a fee based on the rate established pursuant to NRS 658.101.
Sec. 5. NRS 645B.100 is hereby amended to read as follows:
645B.100 1. [Grounds for refusing to license any person as a mortgage company and grounds for suspending any license are that the applicant or licensee:] The commissioner may require a licensee to pay an administrative fine of not more than $500 for each violation he commits or suspend, revoke or place conditions upon his license, or do both, at any time if the licensee, whether or not acting as such:
(a) Is insolvent;
(b) Is [of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;] grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;
(c) Does not conduct his business in accordance with law or has violated any provisions of this chapter;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has [been guilty of fraud] made a material misrepresentation in connection with any transaction governed by this chapter;
(f) Has [made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of his business;] suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which he knew, or by the exercise of reasonable diligence, should have known;
(g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed [under] pursuant to the provisions of this chapter;
(h) Has failed to account to persons interested for all money received for the impound trust account;
(i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner [under] pursuant to the provisions of this chapter;
(j) Has been convicted of , or entered a plea of nolo contendere to, a felony or any [misdemeanor of which an essential element is fraud;] crime involving fraud, misrepresentation or moral turpitude;
(k) Has refused or failed to pay, within a reasonable time, those expenses assessed to the mortgage company pursuant to NRS 645B.050 or 645B.070;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment; [or]
(m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;
κ1993 Statutes of Nevada, Page 499 (CHAPTER 227, SB 328)κ
(n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;
(o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice; or
(p) Has not conducted verifiable business as a mortgage company for 12 consecutive months, except in the case of a new applicant. The commissioner shall determine whether a company is conducting business by examining the monthly reports of activity submitted by the licensee or by conducting an examination of the licensee.
2. It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of a natural person.
[3. The commissioner may impose an administrative fine, not to exceed $500 for each violation, if a mortgage company intentionally or repeatedly commits any violation enumerated in paragraphs (a) to (i), inclusive, (k), (l) or (m) of subsection 1.]
________
Senate Bill No. 357 — Committee on Commerce and Labor
CHAPTER 228
AN ACT relating to medical laboratories; expanding the definition of medical laboratory to include certain facilities in which examinations are performed for other than therapeutic purposes; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this chapter do not apply to any test or examination conducted by a law enforcement officer or agency.
Sec. 2. NRS 652.060 is hereby amended to read as follows:
652.060 Medical laboratory means any facility for microbiological, serological, immunohematological (blood banking), cytological, histological, chemical, hematological, biophysical, toxicological, or other methods of examination of tissues, secretions or excretions of the human body . [for the purpose of aiding in the diagnosis, prevention or treatment of disease or injury or the assessment of a disease or infirmity.] The term does not include a forensic laboratory operated by a law enforcement agency.
Sec. 3. NRS 652.190 is hereby amended to read as follows:
652.190 1. A laboratory may examine specimens only at the request of:
(a) A licensed physician;
κ1993 Statutes of Nevada, Page 500 (CHAPTER 228, SB 357)κ
(b) Any other person authorized by law to use the findings of laboratory tests and examinations ; [in his practice;] or
(c) If the examination can be made with a testing device or kit which is approved by the Food and Drug Administration for use in the home and which is available to the public without a prescription, any person.
2. [The] Except as otherwise provided in NRS 441A.150, the laboratory shall report the results of the examination only to the person requesting the test or procedure. The laboratory report must contain the name of the laboratory and of the laboratory director.
3. If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of the other laboratory and its director must be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.
4. Whenever an examination is made pursuant to paragraph (c) of subsection 1, the laboratory report must contain a provision which recommends that the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.
________
Senate Bill No. 397 — Committee on Commerce and Labor
CHAPTER 229
AN ACT relating to insurance; clarifying that a nonprofit corporation for hospital, medical or dental services may issue blanket health insurance; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 698B.080 is hereby amended to read as follows:
689B.080 Any insurer authorized to write health insurance in this state [shall have the power to] , including a nonprofit corporation for hospital, medical or dental services that has a certificate of authority issued pursuant to chapter 695B of NRS, may issue blanket health insurance. No blanket policy, except as provided in subsection 4 of NRS 687B.120 , [(filing, approval of forms),] may be issued or delivered in this state unless a copy of the form thereof has been filed in accordance with NRS 687B.120. Every blanket policy must contain provisions which in the opinion of the commissioner are not less favorable to the policyholder and the individual insured than the following:
1. A provision that the policy, including endorsements and a copy of the application, if any, of the policyholder and the persons insured constitutes the entire contract between the parties, and that any statement made by the policyholder or by a person insured is in the absence of fraud a representation and not a warranty, and that no such statements may be used in defense to a claim under the policy, unless contained in a written application. The insured, his beneficiary or assignee has the right to make a written request to the insurer for a copy of an application, and the insurer shall, within 15 days after the receipt of a request at its home office or any branch office of the insurer, deliver or mail to the person making the request a copy of the application.
κ1993 Statutes of Nevada, Page 501 (CHAPTER 229, SB 397)κ
insurer for a copy of an application, and the insurer shall, within 15 days after the receipt of a request at its home office or any branch office of the insurer, deliver or mail to the person making the request a copy of the application. If a copy is not so delivered or mailed, the insurer is precluded from introducing the application as evidence in any action based upon or involving any statements contained therein.
2. A provision that written notice of sickness or of injury must be given to the insurer within 20 days after the date when the sickness or injury occurred. Failure to give notice within that time does not invalidate or reduce any claim if it is shown that it was not [to have been] reasonably possible to give notice and that notice was given as soon as was reasonably possible.
3. A provision that the insurer will furnish [either] to the claimant or to the policyholder for delivery to the claimant such forms as are usually furnished by it for filing proof of loss. If the forms are not furnished before the expiration of 15 days after giving written notice of sickness or injury, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
4. A provision that in the case of a claim for loss of time for disability, written proof of the loss must be furnished to the insurer within 90 days after the commencement of the period for which the insurer is liable, and that subsequent written proofs of the continuance of the disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of a claim for any other loss, written proof of the loss must be furnished to the insurer within 90 days after the date of the loss. Failure to furnish such proof within that time does not invalidate or reduce any claim if it is shown that it was not [to have been] reasonably possible to furnish proof and that the proof was furnished as soon as was reasonably possible.
5. A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of written proof of loss, and that, subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not less frequently than monthly during the continuance of the period for which the insurer is liable, and that any balance remaining unpaid at the termination of that period will be paid immediately upon receipt of proof.
6. A provision that the insurer at its own expense has the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy where it is not prohibited by law.
7. A provision, if applicable, setting forth the provisions of NRS 689B.035.
8. A provision for benefits for expense arising from care at home or health supportive services if that care or service was prescribed by a physician and would have been covered by the policy if performed in a medical facility or facility for the dependent as defined in chapter 449 of NRS.
9. A provision that no action at law or in equity may be brought to recover under the policy before the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of the policy and that no such action may be brought after the expiration of 3 years after the time written proof of loss is required to be furnished.
κ1993 Statutes of Nevada, Page 502 (CHAPTER 229, SB 397)κ
has been furnished in accordance with the requirements of the policy and that no such action may be brought after the expiration of 3 years after the time written proof of loss is required to be furnished.
Sec. 2. The act becomes effective upon passage and approval.
________
Senate Bill No. 407 — Committee on Commerce and Labor
CHAPTER 230
AN ACT relating to escrow agencies and agents; requiring an escrow agency to notify the commissioner of financial institutions regarding certain changes in its ownership; subjecting escrow agencies to certain audits and examinations; prohibiting escrow agencies from conducting business with other businesses; revising the requirement of depositing a corporate security bond; revising requirements for maintaining certain records; making various changes relating to fees and the expiration date for licenses; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4.
Sec. 2. 1. An escrow agency shall immediately notify the commissioner of any change in the ownership of 5 percent or more of its outstanding voting stock.
2. An application must be submitted to the commissioner, pursuant to NRS 645A.020, by a person who acquires:
(a) At least 25 percent of the outstanding voting stock of an escrow agency; or
(b) Any outstanding voting stock of an escrow agency if the change will result in a change in the control of the escrow agency.
3. Except as otherwise provided in subsection 5, the commissioner shall conduct an investigation to determine whether the applicant has the experience, character, financial condition, business reputation and general fitness to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public. If the commissioner denies the application, he may forbid the applicant from participating in the business of the escrow agency.
4. The escrow agency with which the applicant is affiliated shall pay a portion of the cost of the investigation as the commissioner requires. All money received by the commissioner pursuant to this section must be placed in the investigative account created pursuant to NRS 232.285.
5. An escrow agency may submit a written request to the commissioner to waive an investigation pursuant to subsection 3. The commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
κ1993 Statutes of Nevada, Page 503 (CHAPTER 230, SB 407)κ
Sec. 3. Each escrow agency shall pay the assessment levied by the commissioner and cooperate fully with the audits and examinations performed pursuant to NRS 658.055.
Sec. 4. 1. Except as otherwise provided in subsection 2, no licensee may conduct the business of administering escrows for compensation within any office, suite, room or place of business in which any other business is solicited or engaged in, except a notary public, or in association or conjunction with any other business, unless authority to do so is given by the commissioner.
2. A licensee may conduct the business of administering escrows pursuant to this chapter in the same office or place of business as a mortgage company if:
(a) The licensee and the mortgage company:
(1) Operate as separate legal entities;
(2) Maintain separate accounts, books and records;
(3) Are subsidiaries of the same parent corporation; and
(4) Maintain separate licenses; and
(b) The mortgage company is licensed by this state and does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.
Sec. 5. NRS 645A.030 is hereby amended to read as follows:
645A.030 1. At the time of filing an application for a license as an escrow agent or agency, the applicant shall :
(a) In the case of an escrow agency, deposit with the commissioner a corporate surety bond payable to the State of Nevada, in an amount of $25,000 , [and] executed by a corporate surety satisfactory to the commissioner [.] , and naming as principals the applicant and all escrow agents employed by or associated with the applicant; or
(b) In the case of an escrow agent, file with the commissioner proof that he is named as a principal on the corporate surety bond deposited with the commissioner by the escrow agency with whom he is associated or employed.
2. The bond must be in substantially the following form:
Know All Men by These Presents, that ........................, as principal, and ........................, as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any person who suffers damages because of a violation of any of the provisions of chapter 645A of NRS, in the sum of ............, lawful money of the United States, to be paid to the State of Nevada for such use and benefit, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators successors and assigns, jointly and severally, firmly by these presents.
The condition of that obligation is such that: Whereas, the principal has made an application to the commissioner of financial institutions of the department of commerce of the State of Nevada for a license as an escrow agent or agency and is required to furnish a bond in the amount of $25,000 conditioned as set forth in this bond:
Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645A of NRS, and pay all damages suffered by any person because of a violation of any of the provisions of chapter 645A of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645A of NRS, then this obligation is void; otherwise it remains in full force.
κ1993 Statutes of Nevada, Page 504 (CHAPTER 230, SB 407)κ
misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645A of NRS, then this obligation is void; otherwise it remains in full force.
This bond becomes effective on the .......... day of ................, 19......, and remains in force until the surety is released from liability by the commissioner of financial institutions or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 60 days written notice to the principal and to the commissioner of financial institutions of the department of commerce of the State of Nevada.
In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its authorized officers at ........................., Nevada, this ................ day of ................, 19......
........................................................................... (Seal)
Principal
........................................................................... (Seal)
Surety
By............................................................
Attorney in fact
.................................................................
Licensed resident agent
Sec. 6. NRS 645A.040 is hereby amended to read as follows:
645A.040 1. Every license issued pursuant to the provisions of this chapter expires [1 year after the date of issuance] on July 1 of each year if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for the succeeding year.
2. The filing fees are:
(a) For filing an original application, [$100] $500 for the principal office [, $25] and $100 for each branch office . [and $25 for each application for renewal.] All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.285.
(b) If the license is approved for issuance, $200 for the principal office and $100 for each branch office. The fee must be paid before issuance of the license.
(c) For filing an application for renewal, $200 for the principal office and $100 for each branch office.
(d) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
[(c)] (e) For filing any change of information contained in the application, $10.
[(d)] (f) For each change of association with an escrow agency, $25.
3. If a licensee fails to pay the fee for the annual renewal of his license before its expiration, his license may be renewed only upon the payment of a fee one and one-half times the amount otherwise required for renewal. A license may be renewed pursuant to this subsection only if all the fees are paid within 1 year after the date on which the license expired.
κ1993 Statutes of Nevada, Page 505 (CHAPTER 230, SB 407)κ
4. [All] Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 7. NRS 645A.070 is hereby amended to read as follows:
645A.070 1. All escrow agents and agencies shall maintain, for a period of not less than [5] 6 years, complete and suitable records of all escrow transactions made by them. A record of a transaction must be maintained in the county in which the property to which it relates is located if the agent or agency maintains a place of business in that county. If a place of business is not maintained in that county, the record must be maintained in the agents or agencys principal place of business.
2. Every escrow agent and agency shall, at the times required by the commissioner, file in the office of the commissioner a correct statement, in the form and containing the data the commissioner may require, of the business of the agent or agency.
Sec. 8. NRS 645A.090 is hereby amended to read as follows:
645A.090 1. The commissioner may refuse to license any escrow agent or agency or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
(a) In the case of an escrow agency, is insolvent;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;
(c) In the case of an escrow agency, is in such a financial condition that he cannot continue in business with safety to his customers;
(d) Has committed fraud in connection with any transaction governed by this chapter;
(e) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact from, any principal or designated agent of a principal in the course of the escrow business;
(f) Has intentionally or knowingly made or caused to be made to the commissioner any false representation of a material fact or has suppressed or withheld from the commissioner any information which the applicant or licensee possesses;
(g) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
(h) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
(i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner pursuant to the provisions of this chapter;
(j) Has been convicted of a felony or any misdemeanor of which an essential element if fraud;
κ1993 Statutes of Nevada, Page 506 (CHAPTER 230, SB 407)κ
(k) In the case of an escrow agency, has failed to maintain complete and accurate records of all transactions within the last [7] 6 years;
(l) Has commingled the money of others with his own or converted the money of others to his own use;
(m) Has failed, before the close of escrow, to obtain written escrow instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow;
(n) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction; or
(o) In the case of an escrow agency, has:
(1) Failed to maintain adequate supervision of an escrow agent; or
(2) Instructed an escrow agent to commit an act which would be cause for the revocation of the escrow agents license and the escrow agent committed the act. An escrow agent is not subject to disciplinary action for committing such an act under instruction by the escrow agency.
2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for such action had the applicant or licensee been a natural person.
3. The commissioner may suspend any license for not more than 30 days, pending a hearing, if upon examination into the affairs of the licensee it is determined that any of the grounds enumerated in subsection 1 or 2 exist.
4. The commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
Sec. 9. Notwithstanding the provisions of NRS 695A.040, as amended by section 6 of this act, every license issued or renewed pursuant to the provisions of NRS 645A.040 between October 1, 1992, and July 1, 1993, expires 1 year after the date of issuance. A licensee who files an application for renewal between October 1, 1993, and July 1, 1994, shall pay filing fees prescribed in NRS 645A.040, as amended by section 6 of this act, at an amount prorated for a period between the date of renewal and July 1, 1994.
________
κ1993 Statutes of Nevada, Page 507κ
Senate Bill No. 443 — Committee on Natural Resources
CHAPTER 231
AN ACT relating to the Nevada state board on geographic names; adding a representative of the Inter-Tribal Council of Nevada, Inc., to the board; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 327.120 is hereby amended to read as follows:
327.120 The board consists of:
1. One representative of each of the following agencies or organizations:
(a) Bureau of mines and geology of the State of Nevada.
(b) Faculty of the University of Nevada, Reno.
(c) Faculty of the University of Nevada, Las Vegas.
(d) State library and archives.
(e) Department of transportation of the state.
(f) State department of conservation and natural resources.
(g) Nevada historical society.
(h) United States Bureau of Land Management.
(i) United States Forest Service.
(j) Inter-Tribal Council of Nevada, Inc.
Each agency or organization shall designate a representative and one alternative representative for this purpose.
2. An executive secretary who is a nonvoting member of the board. The state resident cartographer shall serve in this position. If there is not such a cartographer, the voting members of the board shall select the executive secretary.
________
Assembly Bill No. 241 — Committee on Commerce
CHAPTER 232
AN ACT relating to certified public accountants; prospectively increasing the number of semester hours required for certification as a certified public accountant; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 628.200 is hereby amended to read as follows:
628.200 1. The [requirements of experience and] requirement of education for a certificate of certified public accountant [are] is a Bachelor of Arts or a Bachelor of Science degree that includes at least 150 semester hours from a college or university recognized by the board [, with] :
κ1993 Statutes of Nevada, Page 508 (CHAPTER 232, AB 241)κ
(a) With a major in accounting, or what the board determines to be substantially the equivalent of a major in accounting [, or with a degree in] ; or
(b) With a major other than accounting supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration . [, and:
1.]
2. The requirement for experience for a certificate of certified public accountant is:
(a) Two years of public accounting experience, including, but in no way limited to, attesting while in practice as a certified public accountant, a registered public accountant, a staff accountant employed by a person who is licensed to practice public accounting or any combination of these types of experience; or
[2.] (b) Experience in internal auditing work or governmental accounting and auditing work of a character and for a length of time sufficient in the opinion of the board to be substantially equivalent to the requirements of [subsection 1.] paragraph (a).
3. The board [may] :
(a) Shall adopt regulations concerning the number of semester hours in accounting and other courses required by an applicant to satisfy the requirement of 150 semester hours imposed by subsection 1.
(b) May provide by regulation for the substitution of qualified programs of continuing education to satisfy partially the requirement of experience [imposed by this section,] described in paragraph (b) of subsection 2 or may add any program to the requirement of experience.
Sec. 2. NRS 628.210 is hereby amended to read as follows:
628.210 None of the educational requirements specified in NRS 628.200 apply to a candidate for a certificate of certified public accountant who is a registered public accountant [under] pursuant to NRS 628.350, or who, on April 1, 1960, was employed as a staff accountant in this state by anyone practicing public accounting . [, but a] A candidate who does not meet those educational requirements must have 4 years of the experience described in paragraph (a) of subsection [1] 2 of NRS 628.200 or the experience described in paragraph (b) of subsection 2 of that section which in the opinion of the board is of such a character and for such a period as to be substantially equivalent to 4 years of the experience described in paragraph (a) of subsection [1] 2 of that section.
Sec. 3. 1. This section and section 2 of this act become effective on October 1, 1993.
2. Section 1 of this act becomes effective on:
(a) October 1, 1993, for the purpose of adopting regulations pursuant to paragraph (a) of subsection 3 of NRS 628.200, as amended by this act, concerning the number of semester hours in accounting and other courses that will be required for a certificate of certified public accountant on and after January 1, 2001.
(b) January 1, 2001, for all other purposes.
3. On or before January 1, 1996, the Nevada state board of accountancy shall adopt regulations pursuant to paragraph (a) of subsection 3 of NRS 628.200, as amended by this act, specifying the number of semester hours in accounting and other courses that will be required for a certificate of certified public accountant on and after January 1, 2001.
κ1993 Statutes of Nevada, Page 509 (CHAPTER 232, AB 241)κ
accounting and other courses that will be required for a certificate of certified public accountant on and after January 1, 2001.
________
Assembly Bill No. 199 — Assemblymen Gregory, Scherer, Heller, Anderson, Bonaventura, Regan, Schneider, Collins, Smith, Petrak, Toomin, Gibbons, Sader, Porter, Carpenter, Lambert, McGaughey, Augustine, Hettrick, Dini, Neighbors, Perkins, Spitler, Arberry, Wendell Williams, Marvel, Evans, Tiffany, Chowning, Humke, Ernaut, Kenny, Giunchigliani, Myrna Williams, Freeman, Bache, Bennett, Price, de Braga and Segerblom
CHAPTER 233
AN ACT relating to crimes against the person; creating the crimes of stalking and aggravated stalking; authorizing a court to issue certain protective orders; providing penalties; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine or not more than $5,000.
3. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
4. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
5. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
κ1993 Statutes of Nevada, Page 510 (CHAPTER 233, AB 199)κ
(b) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of any person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 2. NRS 200.571 is hereby amended to read as follows:
200.571 1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. [A] Except where the provisions of subsection 2 of section 1 of this act are applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
Sec. 3. NRS 200.581 is hereby amended to read as follows:
200.581 Harassment , stalking or aggravated stalking shall be deemed to have been committed where the conduct occurred or , in the case of harassment or aggravated stalking, at the place from which the threat was made or at the place where the threat was received.
Sec. 4. NRS 200.591 is hereby amended to read as follows:
200.591 1. A person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him by another person may petition any court of competent jurisdiction for an order directing the person who is allegedly committing the crime to:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
κ1993 Statutes of Nevada, Page 511 (CHAPTER 233, AB 199)κ
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
2. If a defendant charged with a crime involving harassment , stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue an order or provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged [offense] crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged [offense] crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
[2.] 3. Any person who intentionally violates a court order issued pursuant to subsection 1 or 2 is guilty of a gross misdemeanor.
[3.] 4. A court order issued pursuant to this section must:
(a) Be in writing; [and]
(b) Personally served on the person to whom it is directed; and
(c) Contain the warning that violation of the order [is] :
(1) Subjects the person to immediate arrest; and
(2) Is a gross misdemeanor.
[4.] 5. Each court that issues an order pursuant to this section shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.
6. A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has reasonable cause to believe that:
(a) An order has been issued pursuant to this section to the person to be arrested;
(b) The person to be arrested has received a copy of the order; and
(c) The person to be arrested is acting in violation of the order.
7. Any law enforcement agency in this state may enforce a court order issued pursuant to this section.
Sec. 5. NRS 200.601 is hereby amended to read as follows:
200.601 1. The prosecuting attorney in any trial brought against a person on a charge of harassment , stalking or aggravated stalking shall inform the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and the court issues an order or provides a condition of his sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:
(a) Keep a record of the order or condition of the sentence; and
(b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.
Sec. 6. NRS 207.185 is hereby amended to read as follows:
207.185 Unless a greater penalty is provided by law, a person who, by reason of the actual or perceived race, color, religion, national origin or sexual orientation of another person or group of persons, violates any provision of NRS 200.471, 200.481, 200.571, 203.010, 203.020, 203.030, 206.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 , or section 1 of this act, is guilty of a gross misdemeanor.
κ1993 Statutes of Nevada, Page 512 (CHAPTER 233, AB 199)κ
sexual orientation of another person or group of persons, violates any provision of NRS 200.471, 200.481, 200.571, 203.010, 203.020, 203.030, 206.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 , or section 1 of this act, is guilty of a gross misdemeanor.
Sec. 7. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no other except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $5,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $5,000.
(c) Except as otherwise provided in paragraph (1) in actions for a fine, penalty or forfeiture not exceeding $5,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $5,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $5,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $5,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $5,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $5,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $5,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.
(n) In small claims actions under the provisions of chapter 73 of NRS.
(o) In actions to contest the validity of liens on mobile homes or manufactured homes.
κ1993 Statutes of Nevada, Page 513 (CHAPTER 233, AB 199)κ
(p) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 8. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 155 — Committee on Transportation
CHAPTER 234
AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to issue special license plates and registration certificates for fire trucks; and providing other matters properly relating thereto.
[Approved June 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department may issue special license plates and registration certificates to residents of Nevada for a fire truck pursuant to this section. Except as otherwise provided in subsection 3, the fire truck must not be used for general transportation, but may be used for musters, exhibitions, parades or similar activities.
2. In lieu of the annual registration and fees required by this chapter, and of the privilege tax imposed by chapter 371 of NRS, the owner of a fire truck may submit:
(a) An affidavit to the department indicating that the fire truck:
(1) Will only be used for the permitted purposes enumerated in subsection 1;
κ1993 Statutes of Nevada, Page 514 (CHAPTER 234, AB 155)κ
(2) Has been inspected and found safe to be operated on the highways of this state; and
(3) Qualifies as a fire truck pursuant to regulations adopted by the department for this purpose.
(b) The following fees for the issuance of these license plates:
(1) For the first issuance .................................................................... $15
(2) For a renewal sticker ................................................................... 5
3. If the owner elects to use the fire truck as general transportation, he shall pay the regular annual registration and fees prescribed by law and the privilege tax imposed by chapter 371 of NRS.
4. License plates issued pursuant to this section must bear the inscription Fire Truck and the plates must be numbered consecutively.
5. The cost of the die and the modifications necessary for the issuance of a license plate pursuant to this section must be paid from private sources without any expense to the State of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 433 — Committee on Government Affairs
CHAPTER 235
AN ACT relating to administrative regulations; changing the dates for submitting proposed permanent regulations to the legislative counsel for review; extending the period that temporary regulations are effective; and providing other matters properly relating thereto.
[Approved June 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.063 is hereby amended to read as follows:
233B.063 1. At or before the time of giving notice of its intention to adopt, amend or repeal a permanent regulation an agency shall deliver to the legislative counsel a copy of the proposed regulation or amendment or an identification of the regulation to be repealed. The legislative counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.
2. Unless the proposed regulation is submitted to him between [August] July 1 of an even-numbered year and [June 15] July 1 of the succeeding odd-numbered year, the legislative counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him. If the proposed or revised text of the regulation is changed before adoption, the agency shall submit the changed text to the legislative counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted [during the August 1-June 15 period mentioned in subsection 2,] between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the legislative counsel shall return it with any appropriate revisions within 30 days.
κ1993 Statutes of Nevada, Page 515 (CHAPTER 235, SB 433)κ
appropriate revisions within 30 days. If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation relates to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the legislative counsel shall also deliver one copy of the approved or revised text of the regulation to the legislative committee on health care.
3. An agency may adopt a temporary regulation between [September] August 1 of an even-numbered year and [June 15] July 1 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on [September] November 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.
4. An agency may amend or suspend a permanent regulation between [September] August 1 of an even-numbered year and [June 15] July 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.
Sec. 2. This act becomes effective upon passage and approval and applies to temporary regulations adopted between September 1, 1992, and the effective date of this act.
________
Senate Bill No. 466 — Committee on Commerce and Labor
CHAPTER 236
AN ACT relating to crimes; prohibiting certain sexual conduct in public; and providing other matters properly relating thereto.
[Approved June 16, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.190 is hereby amended to read as follows:
201.190 [1.] Except as provided in NRS 200.366 and 201.230, every person of full age who commits [the infamous crime against nature] anal intercourse, cunnilingus or fellatio in public shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
[2. The infamous crime against nature means anal intercourse, cunnilingus or fellatio between consenting adults of the same sex.]
Sec. 2. NRS 201.195 is hereby amended to read as follows:
201.195 1. Any person who incites, entices or solicits a minor to engage in acts which [would] constitute the infamous crime against nature : [if performed by an adult:]
(a) If the minor actually engaged in such acts as a result, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) If the minor did not engage in such acts:
κ1993 Statutes of Nevada, Page 516 (CHAPTER 236, SB 466)κ
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. A person convicted of violating any of the provisions of subsection 1 may not be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;
(2) The director of the department of prisons or his designee; and
(3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
3. As used in this section, the infamous crime against nature means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
Sec. 3. NRS 209.385 is hereby amended to read as follows:
209.385 1. Each offender committed to the custody of the department for evaluation or imprisonment shall submit to an initial test, approved by regulation of the state board of health, to detect exposure to the human immunodeficiency virus. At the time the offender is committed to custody and after any incident involving the offender:
(a) The test must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of any initial test are positive, the offender shall submit to a supplemental test approved for the purpose by regulation of the state board of health.
3. If the results of any supplemental test are positive, the name of the offender must be disclosed to:
(a) The director;
(b) The administrative officers of the department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the department whose normal duties involve him with the offender or require him to come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of any supplemental test are positive; and
κ1993 Statutes of Nevada, Page 517 (CHAPTER 236, SB 466)κ
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, the infamous crime against nature, sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The director, with the approval of the board:
(a) Shall establish for inmates and employees of the department an educational program regarding the virus whose curriculum is provided by the health division of the department of human resources. Any person who provides instruction for this program must be certified to do so by the health division.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
6. As used in this section [, incident] :
(a) Incident means any occurrence, of a kind specified by regulation of the state board of health, that entails a significant risk of exposure to the human immunodeficiency virus.
(b) Infamous crime against nature means anal intercourse, cunnilingus or fellatio between natural persons of the same sex.
Sec. 4. Section 1 of Senate Bill No. 13 of this session is hereby amended to read as follows:
Section 1. NRS 209.385 is hereby amended to read as follows:
209.385 1. Each offender committed to the custody of the department for evaluation or imprisonment shall submit to [an initial test,] such initial tests as the director determines appropriate to detect exposure to the human immunodeficiency virus. Each such test must be approved by regulation of the state board of health . [, to detect exposure to the human immunodeficiency virus.] At the time the offender is committed to custody and after any incident involving the offender:
(a) The [test] appropriate approved tests must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of any initial test are positive, the offender shall submit to [a supplemental test] such supplemental tests as the director determines appropriate. Each such test must be approved for the purpose by regulation of the state board of health.
3. If the results of any supplemental test are positive, the name of the offender must be disclosed to:
(a) The director;
(b) The administrative officers of the department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the department whose normal duties involve him with the offender or require him to come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of any supplemental test are positive; and
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, the infamous crime against nature, sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
κ1993 Statutes of Nevada, Page 518 (CHAPTER 236, SB 466)κ
sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The director, with the approval of the board:
(a) Shall establish for inmates and employees of the department an educational program regarding the virus whose curriculum is provided by the health division of the department of human resources. Any person who provides instruction for this program must be certified to do so by the health division.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
6. As used in this section:
(a) Incident means any occurrence, of a kind specified by regulation of the state board of health, that entails a significant risk of exposure to the human immunodeficiency virus.
(b) Infamous crime against nature means anal intercourse, cunnilingus or fellatio between natural persons of the same sex.
Sec. 5. NRS 201.193 is hereby repealed.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 306 — Committee on Finance
CHAPTER 237
AN ACT relating to projects of capital improvement; making an appropriation to the state public works board for certain projects; and providing other matters properly relating thereto.
[Approved June 16, 1993]
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 state public works board the sum of $129,000 to expedite the carrying out of the program of capital improvements summarized in this section:
1. Capital improvements for the department of human resources:
Replace cooling tower and repair roof, SNAMHS, Las Vegas 93-M7 $83,041
2. Capital improvements for the department of prisons:
Fencing repairs at SNCC 93-M20 $45,959
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 519κ
Senate Bill No. 145 — Committee on Government Affairs
CHAPTER 238
AN ACT relating to agricultural activities; exempting customary agricultural activity from certain local ordinances concerning air pollution; and providing other matters properly relating thereto.
[Approved June 16, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.361 is hereby amended to read as follows:
244.361 1. Except as provided in subsection [2,] 3, the boards of county commissioners of the various counties of this state are granted the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the boundaries of the county.
2. If an ordinance adopted pursuant to subsection 1 involves or affects agricultural operations, any plan or program to effectuate that ordinance must allow for customarily accepted agricultural practices to occur on agricultural land. A governmental entity which is considering the adoption of such a plan or program shall consult with the state department of agriculture or local conservation districts to determine what customarily accepted agricultural practices may be affected by the proposed plan or program.
3. No existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generating facilities, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.
Sec. 2. NRS 268.410 is hereby amended to read as follows:
268.410 1. Except as provided in subsection [2,] 3, and in addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the corporate limits of the city.
2. If an ordinance adopted pursuant to subsection 1 involves or affects agricultural operations, any plan or program to effectuate that ordinance must allow for customarily accepted agricultural practices to occur on agricultural land. A governmental entity which is considering the adoption of such a plan or program shall consult with the state department of agriculture or local conservation districts to determine what customarily accepted agricultural practices may be affected by the proposed plan or program.
κ1993 Statutes of Nevada, Page 520 (CHAPTER 238, SB 145)κ
3. No existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generation facilities, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.
________
Senate Bill No. 282 — Committee on Government Affairs
CHAPTER 239
AN ACT relating to the state public works board; revising the requirement that the state public works board furnish engineering and architectural services for buildings constructed on state property or with legislative appropriation by expanding the exemption for improvements made by the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved June 16, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 341.141 is hereby amended to read as follows:
341.141 1. The board shall furnish engineering and architectural services to the University of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the legislature, except:
(a) Buildings used in maintaining highways;
(b) Improvements, other than nonresidential buildings [,] with more than 1,000 square feet in floor area, made in state parks by the state department of conservation and natural resources; and
(c) Buildings on property controlled by other state agencies if the board has delegated its authority in accordance with NRS 341.119.
The board of regents of the University of Nevada and all other state departments, boards or commissions shall use those services.
2. The services must consist of:
(a) Preliminary planning;
(b) Designing;
(c) Estimating of costs; and
(d) Preparation of detailed plans and specifications.
________
κ1993 Statutes of Nevada, Page 521κ
Assembly Bill No. 143 — Assemblymen Gibbons, Ernaut and Hettrick
CHAPTER 240
AN ACT relating to county fire protection districts; requiring the directors to reside in election precincts and be elected at large; increasing the maximum allowable amount of compensation for members of the board of directors of certain districts; authorizing the reorganization of certain districts; authorizing the board of directors of certain districts to exercise certain powers; and providing other matters properly relating thereto.
[Approved June 17, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 474 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A fire protection district established pursuant to NRS 474.460 to 474.540, inclusive, which has been in existence for at least 10 years, may be reorganized as a fire protection district subject to the provisions of NRS 474.010 to 474.450, inclusive, in the manner provided in this section.
2. The reorganization of such a district may be initiated by:
(a) A petition signed by at least a majority of the owners of property located within the district; or
(b) A resolution of the board of county commissioners of the county in which the district is located.
3. If, after notice and a hearing, the board of county commissioners determines that the reorganization of the district is in the best interests of the county and the district, it shall adopt an ordinance reorganizing the district. The ordinance must include the name and boundaries of the district.
4. The board shall cause a copy of the ordinance, certified by the clerk of the board of county commissioners, to be filed immediately for record in the office of the county recorder.
5. The reorganization of the district is complete upon the filing of the ordinance pursuant to this section. The district thereafter is subject to the provisions of NRS 474.010 to 474.450, inclusive. Upon the completion of the reorganization of the district, the district shall assume the debts, obligations, liabilities and assets of the former district.
6. The board of county commissioners shall:
(a) Make an order dividing the district into election precincts in the manner provided in NRS 474.070.
(b) Appoint the initial members of the board of directors of the district to terms established in the manner provided in NRS 474.130. Each director must be a resident of the precinct for which he is appointed, and serves until his successor is elected and qualified.
Sec. 2. NRS 474.070 is hereby amended to read as follows:
474.070 1. When, under the provisions of NRS 474.040 to 474.060, inclusive, the boundaries of the proposed district are defined and established by the board, the board of county commissioners shall make an order dividing the proposed district into three or five divisions as nearly equal in size as practicable .
κ1993 Statutes of Nevada, Page 522 (CHAPTER 240, AB 143)κ
practicable . [, which divisions shall] The divisions must be numbered consecutively [, and shall] and constitute election precincts for the district.
2. [One director, who shall] Each director must be a resident of the election precinct for which he is elected [, shall] and must be elected [, as provided in NRS 474.010 to 474.450, inclusive, by each election precinct; but when requested in the petition, three directors shall be elected] at large by the district.
Sec. 3. NRS 474.130 is hereby amended to read as follows:
474.130 1. The directors elected at the election organizing the district shall immediately enter upon their duties. At the first meeting, the first board of directors shall so classify themselves by lot that [one] a minority of their number [shall] go out of office on the 1st Monday in January following the next succeeding biennial election, and [two] the remainder of their number on the 1st Monday in January following the second succeeding biennial election.
2. Thereafter, directors shall hold their offices for terms of 4 years from and after the 1st Monday in January following their election and until their successors are elected and qualified.
3. The office of director is a nonpartisan office.
Sec. 4. NRS 474.155 is hereby amended to read as follows:
474.155 1. Each member of the board of directors of a county fire protection district established pursuant to NRS 474.010 to 474.450, inclusive, [may] is entitled to receive as compensation for his services a sum to be determined by the board, but not in excess of [$1,800] $3,600 per year. [Such] The compensation [shall] must be paid on a monthly basis.
2. A member of the board of directors shall not receive any compensation as an employee of the district other than that provided in subsection 1.
Sec. 5. NRS 474.160 is hereby amended to read as follows:
474.160 The board of directors shall:
1. Manage and conduct the business and affairs of the district.
2. Make and enforce all rules and regulations necessary for the administration and government of the district and for the furnishing of fire protection thereto, which may include regulations relating to fire prevention. The regulations may include provisions that are designed to protect life and property from:
(a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and
(b) Hazardous conditions relating to the use or occupancy of any premises. Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning such substances, materials or devices that is required by the Federal Government and has been adopted by a board of county commissioners.
3. Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the district.
4. Make and execute in the name of the district all necessary contracts.
[4.] 5. Adopt a seal for the district to be used in the attestation of proper documents.
κ1993 Statutes of Nevada, Page 523 (CHAPTER 240, AB 143)κ
[5.] 6. Provide for the payment from the proper fund of all the debts and just claims against the district.
[6.] 7. Employ agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.
[7.] 8. Acquire real or personal property necessary for the purposes of the district and dispose of that property when no longer needed.
[8.] 9. Construct any necessary structures.
[9.] 10. Acquirer, hold and possess, either by donation or purchase, in the name and on behalf of the district any land or other property necessary for the purpose of the district.
[10.] 11. Eliminate and remove fire hazards within the district whenever practicable and possible, whether on private or public premises, and to that end the board may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
[11.] 12. Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.010 to 474.450, inclusive.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 492 — Committee on Finance
CHAPTER 241
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved June 17, 1993]
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 legislative fund created pursuant to NRS 218.085 the sum of $1,521,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 524κ
Assembly Bill No. 56 — Committee on Judiciary
CHAPTER 242
AN ACT relating to traffic laws; increasing the penalty, under certain circumstances, for failing or refusing to stop a motor vehicle when signaled by a peace officer; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.348 is hereby amended to read as follows:
484.348 1. Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.
2. The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.
3. Except under the circumstances provided in subsection 2 of NRS 484.377, if a violation of this section [results in] is the proximate cause of the death of or substantial bodily harm to any person [,] other than himself, the driver [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 2. NRS 484.377 is hereby amended to read as follows:
484.377 1. It is unlawful for any person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.
(b) [Fail willfully or refuse to stop his vehicle under the circumstances provided in subsection 1 of NRS 484.348.
(c)] Drive a vehicle in an unauthorized speed contest on a public highway. A violation of this subsection or subsection 1 of NRS 484.348 constitutes reckless driving.
2. Any person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
________
κ1993 Statutes of Nevada, Page 525κ
Assembly Bill No. 80 — Committee on Judiciary
CHAPTER 243
AN ACT relating to eminent domain; revising the definition of value as it relates to condemnation; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if the property is subject to condemnation as a result of a public work or public improvement, any decrease or increase in the fair market value of the property before the date of valuation which is caused by:
(a) The public work or public improvement for which the property is acquired; or
(b) The likelihood that the property would be acquired for such a purpose, must be disregarded when assessing the value of the property pursuant to NRS 37.110.
2. Any decrease or increase in the fair market value of the property before the date of valuation resulting from physical deterioration within the reasonable control of the owner is not required to be disregarded pursuant to subsection 1.
Sec. 2. NRS 37.009 is hereby amended to read as follows:
37.009 As used in this chapter, unless the context otherwise requires:
1. Date of valuation means the date on which the value of the property actually taken, and the damages, if any, to the remaining property, must be determined.
2. Final judgment means a judgment which cannot be directly attacked by appeal, motion for new trial or motion to vacate the judgment.
[2.] 3. Judgment means the judgment determining the right to condemn property and fixing the amount of compensation to be paid by the plaintiff.
[3.] 4. Partnership includes a limited partnership.
5. Value means the most probable price which a property would bring in a competitive and open market under the conditions of a fair sale, without the price being affected by undue stimulus, whereby the sale is consummated on a specified date and the title of the property is passed from the seller to the buyer under the following conditions:
(a) The buyer and seller are acting prudently and knowledgeably;
(b) The buyer and seller are typically motivated;
(c) The buyer and seller are well informed or well advised and acting in what they consider are their own best interests;
(d) A reasonable time is allowed to expose the property for sale on the open market;
(e) Payment is made with United States dollars in cash or pursuant to another financial arrangement comparable thereto; and
κ1993 Statutes of Nevada, Page 526 (CHAPTER 243, AB 80)κ
(f) The sale price represents the normal consideration for the property and is unaffected by special or creative financing or sales concessions granted by any person associated with the sale.
Sec. 3. NRS 37.120 is hereby amended to read as follows:
37.120 1. To assess compensation and damages as provided in NRS 37.110, the date of the first service of the summons is the date of valuation, except that:
(a) If the action is not tried within 2 years after the date of the commencement of the action and the delay is caused primarily by the plaintiff, the date of valuation is the date of the first service of the summons or the date of the trial, whichever results in the greater compensation and damages.
(b) If the action is not tried within 2 years after the date of the commencement of the action, and the delay is caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants, the date of valuation is the date of the first service of summons or the date of the trial, whichever results in the lesser compensation and damages.
2. No improvements put upon the property after the date of the service of the summons may be included in the assessment of compensation or damages, regardless of the date of valuation.
3. As used in this section [:
(a) Date of valuation means the date on which the value of the property actually taken, and the damages, if any, to the remaining property, must be determined.
(b) Primarily] , primarily means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all the defendants, that would cause the date of the trial to be continued past 2 years after the commencement of the action.
Sec. 4. This act becomes effective upon passage and approval. The amendatory provisions of section 1 of this act are intended to codify the rule generally held to apply under current jurisprudence. The amendatory provisions of section 2 of this act which define value apply only to a complaint filed pursuant to NRS 37.060 on or after the effective date of this act, and are not intended to influence in any manner a proceeding related to a complaint which was filed before the effective date of this act.
________
κ1993 Statutes of Nevada, Page 527κ
Assembly Bill No. 106 — Committee on Elections and Procedures
CHAPTER 244
AN ACT relating to elections; allowing the county clerk to appoint a high school pupil to act as a trainee for the position of election board officer; establishing qualifications for such a trainee; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The county clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of the county in which he serves;
(b) Enrolled as a senior in high school;
(c) At the time of service, enrolled in or have completed a high school course in American government in accordance with NRS 389.020; and
(d) Performing at an academic level deemed acceptable by the principal of the pupils high school.
2. The county clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The county clerk sends the pupil a certificate stating the date and hours the pupil, upon approval, will act as trainee;
(c) At least 20 days before the election in which the pupil will act as trainee, the principal of his high school receives the county clerks certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;
(d) The principal of the high school approves the pupils request; and
(e) The pupil attends the training class required by NRS 293B.260.
3. The county clerk may assign a trainee such duties as the county clerk deems appropriate. The county clerk shall not require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier.
4. The county clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.
Sec. 2. NRS 293.217 is hereby amended to read as follows:
293.217 1. The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the county as provided in NRS 293.220 to 293.245, inclusive, and 293.384, and shall conclude those duties no later than 31 days before the election, The registered voters appointed as election board officers for any precinct or district must not all be of the same political party. No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:
κ1993 Statutes of Nevada, Page 528 (CHAPTER 244, AB 106)κ
[1.] (a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central county board; or
[2.] (b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized officer shall receive no additional compensation for his services rendered as a deputy sheriff during the election for which he is deputized.
Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
2. The county clerk may appoint a trainee for the position of election board officer as set forth in section 1 of this act.
Sec. 3. NRS 293.220 is hereby amended to read as follows:
293.220 Upon the selection of persons to act as election board officers [in the county or city] or as trainees pursuant to section 1 of this act, the county or city clerk shall deliver, by mail or other means, notifications of the appointment to those persons.
Sec. 4. NRS 293.223 is hereby amended to read as follows:
293.223 If any person appointed to serve as an election board officer or as a trainee pursuant to section 1 of this act is unwilling to serve as appointed, he shall notify the county or city clerk within 5 days after receipt of the notification that he is unwilling to serve, whereupon the county or city clerk shall appoint some other registered voter to serve at the election.
Sec. 5. NRS 293.227 is hereby amended to read as follows:
293.227 1. Each election board consists of at least three members, one of whom must be designated chairman by the county or city clerk. The boards shall make the records of election required by this chapter.
2. The appointment of a trainee as set forth in section 1 of this act may be used to determine the number of members on the election board, but under no circumstances may trainees comprise more than one-third of the election board of any precinct or serve as chairman of the election board.
3. The county or city clerk shall conduct or cause to be conducted, at least 5 days before the date of the election for which the boards are appointed, a school to acquaint the chairmen with the election laws, duties of election boards, regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards. If the person appointed chairman is unable for any reason to attend the school, he shall appoint some other member of his election board to attend the school in his stead.
[3.] 4. The board of county commissioners of any county or the city council of any city may reimburse the chairman or their designates who attend the school for their travel expenses at a rate not exceeding 10 cents per mile.
[4.] 5. Each chairman shall instruct his board before election day.
________
κ1993 Statutes of Nevada, Page 529κ
Assembly Bill No. 198 — Committee on Government Affairs
CHAPTER 245
AN ACT relating to local improvements; revising the procedure for refunding surplus money from local improvement districts; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.429 is hereby amended to read as follows:
271.429 [When]
1. Except as otherwise provided in subsection 2, when all outstanding bonds, principal, interest and prior redemption premiums, if any, of a district have been paid, surplus amounts remaining in the special fund created for that district pursuant to NRS 271.490 must be refunded as follows:
[1.] (a) If amounts have been advanced from the general fund of the municipality as required by NRS 271.495 for the payment of any bonds or interest thereon of such district, those amounts must first be returned to the general fund of the municipality.
[2.] (b) If a surplus and deficiency fund has been established pursuant to NRS 271.428, and amounts have been advanced from the surplus and deficiency fund for the payment of bonds or interest thereon of such district, those amounts must be returned to the surplus and deficiency fund.
[3.] (c) The treasurer shall thereupon determine the amount remaining in the fund created for the district pursuant to NRS 271.490 and deduct therefrom the amount of administrative costs of returning that surplus.
[4.] An amount equal to the actual administrative costs must be returned to the fund from which the administrative costs were paid.
(d) If the remaining surplus is $10,000 or less, that amount [plus the administrative expenses] must be deposited to the surplus and deficiency fund.
[5.] (e) If the remaining surplus is more than $10,000, the treasurer shall [apportion the surplus] :
(1) Deposit $10,000 in the surplus and deficiency fund;
(2) Apportion the amount of the surplus in excess of $10,000 among the tracts of land assessed in [such district, and shall report] the district; and
(3) Report this apportionment to the governing body.
[6.] (f) Upon the approval of this apportionment by the governing body, the treasurer shall thereupon give notice by mail and by publication of the availability of the surplus for refund.
[7.] (g) The notice must also state that the owner or owners [, current or otherwise,] of record on the date specified by the notice of each tract of land which was assessed [,] may request the refund of the surplus apportioned to [such] that tract by filing a claim therefor with the treasurer within 60 days after the date of the mailing of the notice. Thereafter claims for such refunds are perpetually barred.
κ1993 Statutes of Nevada, Page 530 (CHAPTER 245, AB 198)κ
[8.] (h) Surplus amounts, if any, remaining after the payment of all valid claims filed with the treasurer within the 60-day period must be transferred to the surplus and deficiency fund.
[9.] (i) Valid claims for refund filed in excess of the surplus available for each separate tract may be apportioned ratably among the claimants by the treasurer.
2. Subsection 1 does not apply to change or alter the distribution of any surplus pursuant to a written agreement that was entered into by a district on or before the effective date of this act.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 316 — Committee on Ways and Means
CHAPTER 246
AN ACT making appropriations to the board of examiners for settlement of a claim on behalf of certain state employees; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the state board of examiners the sum of $3,445,141 to be allocated as follows:
(a) For certain overtime costs incurred before fiscal year 1992-93 by certain classes of employees who were eligible for overtime compensation at time and one-half as determined in the Benzler v. State of Nevada case, $2,263,619.
(b) For time and one-half costs incurred in fiscal year 1992-93 by certain classes of employees who were eligible for overtime compensation at time and one-half as determined in the Benzler v. State of Nevada case, $707,610.
(c) For certain overtime costs incurred in fiscal year 1992-93 by certain classes of employees who were eligible for overtime compensation at time and one-half as determined in the Benzler v. State of Nevada case, $458,912.
(d) For the payment of the plaintiffs attorneys fees in the Benzler v. State of Nevada case, $15,000.
2. The sums appropriated by paragraphs (b) and (c) of subsection 1 of this section are for any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada as fixed by the 66th session of the legislature and the payments made by those departments, commissions and agencies to satisfy the Benzler settlement provisions.
3. There is hereby appropriated from the state highway fund to the state board of examiners the sum of $346,155 for certain overtime costs incurred before fiscal year 1992-93 by certain classes of employees of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office who were eligible for overtime compensation at time and one-half as determined in the Benzler v.
κ1993 Statutes of Nevada, Page 531 (CHAPTER 246, AB 316)κ
and the attorney generals office who were eligible for overtime compensation at time and one-half as determined in the Benzler v. State of Nevada case.
4. Payment for certain overtime costs incurred in fiscal year 1992-93 by classes of employees of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office who were eligible for overtime compensation at time and one-half as determined in the Benzler v. State of Nevada case and whose salaries are paid from the state highway fund must be made from the appropriated money of those respective agencies as fixed by the 66th session of the legislature.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 1994, and reverts to the fund from which the money was appropriated as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 384 — Committee on Commerce
CHAPTER 247
AN ACT relating to accountants; making certain changes to the written examination for certification as a certified public accountant; revising the provision governing eligibility for taking the examination; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 628.190 is hereby amended to read as follows:
628.190 The certificate of certified public accountant must be granted by the board to any person who:
1. Is a resident of this state or, if not resident, has designated to the board an agent who is a resident for notification and service of process;
2. Is a person of fiscal integrity who is without any history of acts involving dishonesty or moral turpitude;
3. Meets the requirements of education and experience as provided in NRS 628.200; and
4. Has passed a written examination selected by the board [in theory of accounts, in accounting practice, in auditing, in commercial law as affecting public accounting, and in such other related subjects as] containing the following sections:
(a) Business law and professional responsibilities;
(b) Auditing;
(c) Accounting and reporting, including taxation, managerial accounting and auditing for governmental and nonprofit organizations;
(d) Financial accounting and reporting, including for business enterprises; and
κ1993 Statutes of Nevada, Page 532 (CHAPTER 247, AB 384)κ
(e) Other related sections that the board [shall determine] determines to be appropriate.
Sec. 2. NRS 628.240 is hereby amended to read as follows:
628.240 A candidate for a certificate of certified public accountant , who [:
1. Has] has met the educational requirements [;
2. With respect to whom the requirements do not apply; or
3. Expects to meet the requirements within 120 days after the date on which the examination is scheduled,] as provided in NRS 628.200, is eligible to take the examination without waiting until he meets the requirements of experience if he also meets the requirements of subsections 1 and 2 of NRS 628.190. [The board shall provide by regulation for a procedure for receiving an application from a candidate who expects to meet the educational requirements within 120 days after the date on which the examination is scheduled. The board shall not report the results of the examination until the candidate meets the educational requirements.]
Sec. 3. NRS 628.260 is hereby amended to read as follows:
628.260 1. The board may by regulation prescribe the terms and conditions under which a candidate:
(a) Must pass all [parts] sections of the examination [in the subjects] indicated in NRS 628.190 in order to qualify for a certificate.
(b) Who at any given examination passes two or more [subjects or the subject of accounting practice alone,] sections, but not all [subjects,] sections, may receive conditional credit for the [subjects] sections passed, and need not sit for re-examination in those [subjects.] sections. The board may [provide] by regulation:
(1) [Minimum] Provide minimum grades for each [subject] section not passed in order to receive credit for those passed;
(2) [A] Provide a limit on the time in which each [applicant] candidate must pass all [parts] sections of the examination or lose any credit received; and
(3) [That an applicant must] Require a candidate to sit for all [parts] sections of the examination which he did not pass in a previous examination.
2. The board may give credit to a candidate who has passed all or part of the examination in another state or other jurisdiction of the United States, if the certificate public accountant members of the board have determined by regulation that the standards under which the examination was held are as high as the standards established for the examination required by this chapter.
Sec. 4. NRS 628.280 is hereby amended to read as follows:
628.280 1. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board by regulation for the initial examination provided for in NRS 628.190.
2. Fees for re-examinations under NRS 628.190 must also be charged by the board in amounts determined by it by regulation for each [subject] section in which the candidate is re-examined.
3. The applicable fee must be paid by the candidate at the time he applies for examination or re-examination.
κ1993 Statutes of Nevada, Page 533 (CHAPTER 247, AB 384)κ
4. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board by regulation for review and inspection of his examination paper.
Sec. 5. The Nevada state board of accountancy shall adopt regulations setting forth the conditions under which conditional credits for subjects passed received pursuant to paragraph (b) of subsection 1 of NRS 628.260 before January 1, 1994, may be commuted to conditional credit for sections passed pursuant to paragraph (b) of subsection 1 of NRS 628.260 as amended by this act.
Sec. 6. 1. This section and section 2 of this act become effective on October 1, 1993.
2. Sections 1, 3, 4 and 5 of this act become effective on January 1, 1994.
________
Assembly Bill No. 436 — Committee on Labor and Management
CHAPTER 248
AN ACT relating to unemployment compensation; precluding a person from receiving unemployment compensation if he is receiving benefits for a temporary partial disability or money for rehabilitative services; authorizing the dissemination of information contained in the records of the employment security department under certain circumstances; revising the provisions governing the conditions of eligibility for unemployment benefits to comply with federal law; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.185 is hereby amended to read as follows:
612.185 1. A person shall be deemed unemployed in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work if the remuneration payable to him with respect to such week is less than his weekly benefit amount if he has no dependents or less than his augmented weekly benefit amount if he has dependents.
2. The executive director shall adopt regulations applicable to unemployed persons, making such distinctions in the procedures as to total unemployment, partial unemployment of persons who were totally unemployed, partial unemployment of persons who retain their regular employment and other forms of part-time work, as the executive director deems necessary.
3. No person shall be deemed to be unemployed in any week in which he:
(a) Is self-employed; [or]
(b) Receives benefits for a temporary total disability or a temporary partial disability pursuant to chapter 616 or 617 of NRS [.] ; or
(c) Receives money for rehabilitative services pursuant to chapter 616 or 617 of NRS.
κ1993 Statutes of Nevada, Page 534 (CHAPTER 248, AB 436)κ
Sec. 2. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.
3. Subject to such restrictions as the executive director may by regulation prescribe, [such] the information obtained by the employment security department may be made available to:
(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices;
(b) Any state or local agency for the enforcement of child support; or
(c) The Internal Revenue Service of the Department of the Treasury.
Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service of a public assistance program.
4. The executive director may publish or otherwise provide information on the names of employers, their [geographic locations,] addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer [to the commission on economic development for its use] , if the information released will assist unemployed persons obtain employment or will be generally useful in developing and diversifying the economic interests of this state. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this state, the executive director may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The executive director may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The executive director may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.
5. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipients rights to further benefits pursuant to this chapter.
6. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department.
κ1993 Statutes of Nevada, Page 535 (CHAPTER 248, AB 436)κ
security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a [reasonable] fee to cover the actual costs of any related administrative expenses.
7. The provisions of subsection 4 notwithstanding, the executive director shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The executive director may charge a [reasonable] fee to cover the actual costs of any related administrative expenses.
8. The manager of the state industrial insurance system may submit to the executive director a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the employment security department regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the executive director and must contain the social security number of each such person. Upon receipt of such a request, the executive director shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The executive director shall charge a [reasonable] fee to cover the actual costs of any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.
9. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
10. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.
11. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
κ1993 Statutes of Nevada, Page 536 (CHAPTER 248, AB 436)κ
Sec. 3. NRS 612.344 is hereby amended to read as follows:
612.344 1. A person who has received [compensation] :
(a) Benefits for a temporary total disability or a temporary partial disability pursuant to chapter 616 or 617 of NRS [or] ;
(b) Money for rehabilitative services pursuant to chapter 616 or 617 of NRS; or
(c) Compensation pursuant to any similar federal law ,
may elect a base period consisting of the first 4 of the last 5 completed calendar quarters immediately preceding the first day of the calendar week in which [the] his disability began.
2. An elected base period may be established only if the person files a claim for benefits within 3 years after the initial period of disability begins and not later than the fourth calendar week of unemployment after [the] :
(a) The end of the period of temporary total disability [and files the claim within 3 years after the period of disability begins.] or temporary partial disability; or
(b) The date he ceases to receive money for rehabilitative services,
whichever occurs later. If one calendar quarter of the described base period has been used in a previous determination of his entitlement to benefits, the elected base period must be the first 4 completed calendar quarters immediately preceding the first day of the calendar week in which [the] his disability began.
[2.] 3. A person who has elected a base period pursuant to [subsection 1] this section and who had previously established a benefit year may establish a new benefit year consisting of the 52 consecutive weeks beginning with the first day of the first week with respect to which a valid claim is filed after the period of disability ends [.] or payments for rehabilitative services cease, whichever occurs later. The previously established benefit year terminates upon the beginning of the new benefit year.
Sec. 4. NRS 612.375 is hereby amended to read as follows:
612.375 1. [An] Except as otherwise provided in subsection 2 of NRS 612.3774, an unemployed person is eligible to receive benefits with respect to any week only if the executive director finds that:
(a) He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such a manner as the executive director prescribes, except that the executive director may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.
(b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
(c) He is able to work, and is available for work, but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if his failure is [due to] because of an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C.
κ1993 Statutes of Nevada, Page 537 (CHAPTER 248, AB 436)κ
benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
(d) He has within his base period been paid wages from employers:
(1) Equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest; or
(2) In each of at least three of the four quarters in his base period.
If a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages. No person may receive benefits in a benefit year unless, after the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly benefit amount as determined for the next preceding benefit year.
2. For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection 3 the amount payable to the claimant under a plan maintained by a base-period employer or an employer whose account is chargeable with benefit payments must:
(a) Not be reduced by the amount of the pension or other payment if the claimant made any contribution to the pension or retirement plan; or
(b) Be reduced by the entire proportionate weekly amount of the pension or other payment if the employer contributed the entire amount to the pension or retirement plan.
3. The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 2 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimants eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Act of 1974, or the corresponding provisions of prior law, which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.
Sec. 5. NRS 612.3774 is hereby amended to read as follows:
612.3774 A person is eligible to receive extended benefits for any week of unemployment in his eligibility period only if the executive director finds that with respect to such week:
1. He is an exhaustee;
2. He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to persons claiming extended benefits [;] , except that, for the purposes of paragraph (d) of subsection 1 of NRS 612.375, a person is eligible to receive extended benefits with respect to any week only if the executive director finds that the person has within his base period:
κ1993 Statutes of Nevada, Page 538 (CHAPTER 248, AB 436)κ
week only if the executive director finds that the person has within his base period:
(a) Been paid wages from employers equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest;
(b) Been paid wages from employers equal to or exceeding 40 times his most recent weekly benefit amount; or
(c) Twenty weeks of full-time employment subject to this chapter; and
3. He was not disqualified for benefits during the period for which he claimed regular benefits because he voluntarily left work, was discharged for misconduct or failed to apply for or accept suitable work, or if he was so disqualified, he thereafter regained his qualification pursuant to subsection 1 of NRS 612.380 or NRS 612.385 or 612.390. The provisions of this subsection do not apply for weeks of unemployment where prohibited by federal law.
Sec. 6. NRS 612.551 is hereby amended to read as follows:
612.551 1. Except as otherwise provided in subsection 2, when the department has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period [following a period of temporary total disability as provided] in accordance with NRS 612.344 must not be charged against the employers record for experience rating.
3. If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the executive director that the claimant:
(a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the executive director may order that the benefits not be charged against the employers record for experience rating.
(b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location, the executive director shall order that the benefits not be charged against the employers record for experience rating.
4. The employer may appeal the ruling of the executive director as to the cause of the termination of the claimants employment in the same manner as appeals may be taken from determinations relating to claims for benefits.
5. No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.
Sec. 7. 1. This section and sections 4 and 5 of this act becomes effective upon passage and approval.
2. Sections 1, 2, 3 and 6 of this act become effective on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 539κ
Assembly Bill No. 490 — Committee on Judiciary
CHAPTER 249
AN ACT relating to criminal actions; prohibiting the operation of a vehicle or vessel if a subsequent test shows the presence of a certain level of alcohol; repealing certain presumptions; establishing an affirmative defense; providing a penalty; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor; [or]
(b) Has 0.10 percent or more by weight of alcohol in his blood [,] ; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who is an habitual user of or under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has assess. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 2. NRS 488.206 is hereby amended to read as follows:
488.206 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor; [or]
(b) Has 0.10 percent or more by weight of alcohol in his blood [,] ; or
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have 0.10 percent or more by weight of alcohol in his blood,
to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
2. It is unlawful for any person who:
κ1993 Statutes of Nevada, Page 540 (CHAPTER 249, AB 490)κ
(a) Is under the influence of any controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
to operate or exercise actual physical control of a vessel under power or sail on the waters of this state.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 3. NRS 484.381 is hereby repealed.
________
Assembly Bill No. 492 — Committee on Judiciary
CHAPTER 250
AN ACT relating to child support; making various changes relating to the obligation of support for dependent children; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125B.170 is hereby amended to read as follows:
125B.170 1. The enforcing authority [shall] may release information concerning a responsible parents obligation or failure to pay support for a child to an agency of the kind defined in 15 U.S.C. § 1681a(f) , [at its request,] except that [:
(a) If the amount of the delinquent payment is less than $1,000, the release of the information is at the discretion of the enforcing authority; and
(b) The] the information may be given to the agency only after notice of the proposed disclosure has been sent to the responsible parent and he has had 20 days to correct the information.
2. The enforcing authority [shall] may collect from [the requesting] an agency that requests such information a fee not to exceed the actual cost of providing the information.
3. The welfare division shall adopt regulations concerning the disclosure of information pursuant to this section, prescribing the content of the notice of the proposed disclosure and establishing procedures for the responsible parent to correct any of the information to be disclosed.
κ1993 Statutes of Nevada, Page 541 (CHAPTER 250, AB 492)κ
4. As used in this section, enforcing authority means the welfare division of the department of human resources or the district attorney.
Sec. 2. NRS 126.101 is hereby amended to read as follows:
126.101 The child must be made a party to the action. If he is a minor , he must be represented by his general guardian or a guardian ad litem appointed by the court. The childs mother or father may not represent the child as guardian or otherwise. [The court may appoint] If a district attorney brings an action pursuant to NRS 125B.150 in which the welfare division of the department of human resources is to act as guardian ad litem, the district attorney shall notify the welfare division of the impending action. Upon such notice, the welfare division shall act as guardian ad litem for the child [.] without the need for court appointment. The natural mother, each man presumed to be the father under NRS 126.051, and each man alleged to be the natural father must be made parties. The court may align the parties.
Sec. 3. NRS 130.150 is hereby amended to read as follows:
130.150 1. If the initiating court finds that the complaint sets forth facts from which it may be determined that the obligor owes a duty of support and that a court of the responding state may obtain jurisdiction of the obligor or his property, it shall so certify and shall cause three copies of the complaint and its certificate and one copy of this chapter to be sent to the responding court. Certification [shall] must be in accordance with the requirements of the initiating state. If the name and address of the responding court are unknown and the responding state has an information agency comparable to that established in the initiating state, [it] the initiating court shall cause [such] the copies to be transmitted to the state information agency or other proper official of the responding state, with a request that the agency or official forward them to the proper court, and that the court of the responding state acknowledge their receipt to the initiating court.
2. If the responding state is a province or territory of the Dominion of Canada, the judge of the initiating court shall set forth in his certificate the weekly or monthly amount of United States currency which, in his opinion, the obligor should be required to pay for the support of the obligee. The amount of currency so recommended is only provisional and may be confirmed , [or] modified or adjusted by the court of the responding state.
3. If, after filing a complaint in any county of this state, the obligee changes residence to another county or state, the initiating court shall transfer the complaint and all supporting documents to the information agency or other proper officer of the county or state in which the obligee resides, if his new county or state of residence is known, with a request that the agency or officer forward them to the proper court, and that the court which receives the complaint acknowledge receipt to the initiating court.
Sec. 4. NRS 17.150 is hereby amended to read as follows:
17.150 1. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, noting thereon the hour and minutes of the day of such entries.
2. A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by him at the time, or which he may afterward acquire, until the lien expires.
κ1993 Statutes of Nevada, Page 542 (CHAPTER 250, AB 492)κ
the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by him at the time, or which he may afterward acquire, until the lien expires. The lien continues for 6 years from the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:
(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;
(b) The judgment is for arrearages in the payment of child support, in which case the lien continues until the judgment is satisfied;
(c) The judgment is satisfied; or
[(c)] (d) The lien is otherwise discharged.
The time during which the execution of the judgment is suspended by appeal, action of the court or defendant must not be counted in computing the time of expiration.
3. The abstract described in subsection 2 must contain [:] the:
(a) Title of the court [and cause,] and the title and number of the action;
(b) Date of entry of the judgment or decree;
(c) Names of the judgment debtor and judgment creditor;
(d) Amount of the judgment or decree; and
(e) [Where] Location where the judgment or decree is entered in the minutes or judgment docket.
Sec. 5. NRS 31A.010 is hereby amended to read as follows:
31A.010 As used in this chapter, unless the context otherwise requires:
1. Court means the district court or any judicial or administrative procedure established in this or any other state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.
2. Enforcing authority means the welfare division or the district attorney.
3. Income includes, but is not limited to, wages, salaries, bonuses, commissions and compensation as an independent contractor.
4. Welfare division means the welfare division of the department of human resources.
Sec. 6. NRS 31A.150 is hereby amended to read as follows:
31A.150 1. Money may be withheld for support of a child pursuant to NRS 31A.025 to 31A.240, inclusive, from any money due the responsible parent as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or as a return of contributions and interest, or due to some other person because of his death, from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state [.] , whether the money is payable periodically or in a lump sum.
κ1993 Statutes of Nevada, Page 543 (CHAPTER 250, AB 492)κ
2. When a certified copy of the notice to withhold income is delivered by certified mail, return receipt requested, to a public entity described in subsection 1, it shall comply with the request and pay the amounts withheld as required in the notice to the enforcing authority.
Sec. 7. NRS 432B.560 is hereby amended to read as follows:
432B.560 1. The court may also order:
(a) The child, a parent or the guardian to undergo such medical, psychiatric, psychologic or other care or treatment as the court considers to be in the best interests of the child.
(b) A parent or guardian to refrain from:
(1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or person given physical custody of the child; and
(2) Visiting the child if the court determines that the visitation is not in the best interest of the child.
(c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of his parents.
2. The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but [may] must not exceed the reasonable cost of the childs care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:
(a) Require that payments be made to the clerk of the court or another appropriate agency or office;
(b) Provide that the custodian is entitled to a lien on the obligors property in the event of nonpayment of support; and
(c) Provide for the immediate withholding of wages and commissions in the event of nonpayment of support unless:
(1) All parties enter into an alternative written agreement; or
(2) One party demonstrates and the court finds good cause to postpone the withholding.
Sec. 8. NRS 616.550 is hereby amended to read as follows:
616.550 Except as otherwise provided in this section and NRS 31A.150 [,] and 31A.330, compensation payable under this chapter, whether determined or due, or not, is not, before the issuance and delivery of the check, assignable, is exempt from attachment, garnishment and execution, and does not pass to any other person by operation of law . [; but in] In the case of the death of an injured employee covered by this chapter from causes independent from the injury for which compensation is payable, any compensation due the employee which was awarded or accrued but for which a check was not issued or delivered at the date of death of the employee is payable to his dependents as defined in NRS 616.615.
________
κ1993 Statutes of Nevada, Page 544κ
Assembly Bill No. 517 — Committee on Government Affairs
CHAPTER 251
AN ACT relating to state employees; allowing an employee to be represented at certain hearings by a person of his own choosing; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.384 is hereby amended to read as follows:
284.384 1. The director shall propose, and the commission shall adopt, regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.165, 284.376 or 284.390. Any grievance for which a hearing is not provided by NRS 284.165, 284.376 or 284.390 is subject to adjustment pursuant to this section.
2. The regulations must provide procedures for:
(a) Consideration and adjustment of the grievance within the agency in which it arose.
(b) Submission to the employee-management committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.
3. The regulations must include provisions for:
(a) Submitting each proposed resolution of a dispute which has a fiscal effect to the budget division of the department of administration for a determination by that division whether the resolution is feasible on the basis of its fiscal effects; and
(b) Making the resolution binding.
4. Any grievance which is subject to adjustment pursuant to this section may be appealed to the employee-management committee for a final decision.
5. The employee may represent himself at any hearing regarding a grievance which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employees own choosing.
6. As used in this section, grievance means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.
Sec. 2. NRS 284.390 is hereby amended to read as follows:
284.390 1. Within 10 working days after the effective date of his dismissal, demotion or suspension pursuant to NRS 284.385, an employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the department to determine the reasonableness of the action. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employees dismissal, demotion or suspension.
2. The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employees written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.
κ1993 Statutes of Nevada, Page 545 (CHAPTER 251, AB 517)κ
hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.
3. The employee may represent himself at the hearing or be represented by an attorney or other person of the employees own choosing.
4. Technical rules of evidence do not apply at the hearing.
[4.] 5. After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.
[5.] 6. If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.
[6.] 7. The decision of the hearing officer is binding on the parties.
[7.] 8. Any petition for judicial review of the decision of the hearing officer must be filed in accordance with the provisions of chapter 233B of NRS.
________
Assembly Bill No. 523 — Assemblymen Humke, Myrna Williams, Evans, Marvel, Spitler, Bennett and Sader
CHAPTER 252
AN ACT relating to the family court; removing from the exclusive jurisdiction of the family court the approval of the compromise of a claim of a minor; expanding the exclusive jurisdiction of the family court to include proceedings for an involuntary court-ordered admission to a mental health facility; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.223 is hereby amended to read as follows:
3.223 1. In each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:
(a) Brought pursuant to chapter 62, 123, 125, 125A, 125B, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS.
(b) Brought pursuant to chapter 31A of NRS, except to the extent that NRS 31A.010 authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.
(c) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.
(d) For judicial approval of the marriage of a minor.
(e) Otherwise within the jurisdiction of the juvenile court.
(f) [For judicial approval of the compromise of a claim of a minor.
(g)] To establish the date of birth, place of birth or parentage of a minor.
[(h)] (g) To change the name of a minor.
[(i)] (h) For a judicial declaration of the sanity of a minor.
κ1993 Statutes of Nevada, Page 546 (CHAPTER 252, AB 523)κ
[(j)] (i) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.
(j) Brought pursuant to NRS 432A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.
2. The family court, where established, and the justices court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.
________
Assembly Bill No. 588 — Assemblymen Ernaut, Hettrick, Schneider, Gregory, Haller, McGaughey, Anderson, Heller, Segerblom, Gibbons, Toomin, Augustine, Petrak, Wendell Williams, Bonaventura, Regan, Price, Garner, Lambert, Humke, Marvel, Chowning, Giunchigliani, Tiffany, Arberry, Bache and Smith
CHAPTER 253
AN ACT relating to accountants; revising the provision concerning the waiver of certain requirements for a certificate as a certified public accountant; increasing the amount of the civil penalty which may be imposed by the Nevada state board of accountancy for certain violations; authorizing the board to recover attorneys fees incurred in respect to certain hearings; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 628.310 is hereby amended to read as follows:
628.310 The board may waive the examination under NRS 628.190, and may issue a certificate as a certified public accountant to any person who is the holder of a certificate as a certified public accountant then in effect issued under the laws of any state or other jurisdiction of the United States approved by the board, constituting a recognized qualification for the practice of public accounting comparable to that of a certified public accountant of this state, and who [possesses the qualifications:
1. Set forth in subsections 3 and 4] :
1. Possesses the qualifications set forth in subsection 3 of NRS 628.190 which were in effect in this state on the date on which he received his original certificate; and
2. [Of subsections 1 and 2 of NRS 628.190 at the time of making application pursuant to this chapter.] Either possesses the qualifications set forth in subsection 4 of NRS 628.190, which were in effect in this state on the date on which he received his original certificate, or has:
(a) Passed an examination that is substantially the same as the examination required by subsection 4 of NRS 628.190; and
(b) Experience in the practice of public accountancy, either as a certified public accountant or as a staff accountant employed by a person who is a certified public accountant, while holding a certificate as a certified public accountant for more than 5 of the 10 years immediately preceding his making application pursuant to this chapter.
κ1993 Statutes of Nevada, Page 547 (CHAPTER 253, AB 588)κ
accountant for more than 5 of the 10 years immediately preceding his making application pursuant to this chapter.
Sec. 2. NRS 628.390 is hereby amended to read as follows:
628.390 1. After giving notice and conducting a hearing, the board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may censure the holder of any permit, for any one or any combination of the following causes:
(a) Fraud or deceit in obtaining a certificate as certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.
(b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.
(c) Violation of any of the provisions of this chapter.
(d) Violation of a regulation or rule of professional conduct adopted by the board under the authority granted by this chapter.
(e) Conviction of a felony under the laws of any state or of the United States.
(f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
(g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.
(h) Suspension or revocation of the right to practice before any state or federal agency.
(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:
(1) One year after the expiration date of the permit to practice last obtained or renewed by the certificate holder or registrant; or
(2) One year after the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been excused by the board.
(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
2. In addition to other penalties prescribed by this section, the board may impose a civil penalty of not more than [$1,000.] $5,000 for each violation. The board may recover:
(a) [Costs] Attorneys fees and costs incurred in respect to a hearing held pursuant to subsection 1 from a licensee if he is found in violation thereof; and
κ1993 Statutes of Nevada, Page 548 (CHAPTER 253, AB 588)κ
(b) Attorneys fees and costs incurred in the recovery of a civil penalty imposed.
Sec. 3. NRS 628.192 is hereby repealed.
________
Assembly Bill No. 627 — Committee on Judiciary
CHAPTER 254
AN ACT relating to criminal procedure; allowing the use of an affidavit of an owner, possessor or occupant of property at a preliminary examination or a proceeding of a grand jury under certain circumstances; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a witness resides outside this state or more than 100 miles from the place of a preliminary examination, his affidavit may be used at the preliminary examination when it is necessary for the district attorney to establish as an element of any offense that:
(a) The witness was the owner, possessor or occupant of real or personal property; and
(b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.
2. The district attorney shall provide either written or oral notice to the defendant, not less than 10 days before the scheduled examination, that he intends to use the affidavit at the examination.
3. If at or before the time of the preliminary examination the defendant establishes that:
(a) There is a substantial and bona fide dispute as to the facts in the affidavit; and
(b) It is in the best interests of justice that the witness who signed the affidavit be cross-examined,
the magistrate may order the district attorney to produce the witness and may continue the examination for any time it deems reasonably necessary in order to receive such testimony.
Sec. 2. Chapter 172 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a witness resides outside this state or more than 100 miles from the place of a grand jury proceeding, his affidavit may be used at the proceeding when it is necessary for the district attorney to establish as an element of any offense that:
(a) The witness was the owner, possessor or occupant of real or personal property; and
(b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.
κ1993 Statutes of Nevada, Page 549 (CHAPTER 254, AB 627)κ
2. If the defendant has been subpenaed to appear before the grand jury or if the defendant has requested to testify pursuant to NRS 172.241, the district attorney shall provide either written or oral notice to the defendant, within a reasonable time before the scheduled proceeding of the grand jury, that the affidavit will be used at the proceeding.
3. If at or before the time of the proceeding the defendant establishes that:
(a) There is a substantial and bona fide dispute as to the facts in the affidavit; and
(b) It is in the best interests of justice that the witness who signed the affidavit be examined or cross-examined,
the grand jury may request that the district attorney produce the witness and may continue the proceeding for any time it deems reasonably necessary in order to receive such testimony.
Sec. 3. NRS 172.135 is hereby amended to read as follows:
172.135 1. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them or furnished by legal documentary evidence or by the deposition of witnesses taken as provided in this Title, except that the grand jury may receive an affidavit or declaration from an expert witness or other person described in NRS 50.315 in lieu of his personal testimony or deposition [.] and may receive an affidavit of an owner, possessor or occupant of real or personal property pursuant to section 2 of this act in lieu of his personal testimony or deposition.
2. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.
Sec. 4. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Senate Bill No. 210 — Committee on Commerce and Labor
CHAPTER 255
AN ACT relating to industrial insurance; clarifying which entity certain contractors are to furnish the certificate of the insurer certifying that the contractor has complied with the statutory provisions relating to industrial insurance; clarifying the inclusion of metropolitan police departments within the statutory provisions relating to industrial insurance; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.280 is hereby amended to read as follows:
616.280 Before any person, firm or corporation commences work under any contract with the state or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the [public authority] state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter.
κ1993 Statutes of Nevada, Page 550 (CHAPTER 255, SB 210)κ
the contractor has complied with the provisions of this chapter. [No] A political subdivision or metropolitan police department [may] shall not furnish coverage for industrial insurance for a contractor except as otherwise agreed in the contract.
Sec. 2. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes:
1. A sheriff, deputy sheriff , officer of a metropolitan police department or city policeman;
2. A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;
3. A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;
4. An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety;
5. An investigator of the bureau of enforcement of the registration division of the department of motor vehicles and public safety;
6. A member of the police department of the University and Community College System of Nevada;
7. A uniformed employee of the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies; and
8. A parole and probation officer of the department of parole and probation.
Sec. 3. NRS 617.210 is hereby amended to read as follows:
617.210 Before any person, firm or corporation commences work under any contract with the state or any political subdivision thereof, the contractor shall furnish to the [public authority] state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. [No] A political subdivision [may] shall not furnish coverage under this chapter for a contractor except as otherwise agreed in the contract.
________
κ1993 Statutes of Nevada, Page 551κ
Senate Bill No. 274 — Committee on Finance
CHAPTER 256
AN ACT relating to the account for aid for victims of domestic violence; transferring the responsibility for administration of the account to the division of child and family services of the department of human resources; revising the formula for allocating grants from the account; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.400 is hereby amended to read as follows:
217.400 As used in NRS 217.400 to 217.460, inclusive:
1. Division means the [mental hygiene and mental retardation] division of child and family services of the department of human resources.
2. Domestic violence means the attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat or force.
3. Family or household member means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
4. Victim of domestic violence includes the dependent children of the victim.
Sec. 2. NRS 217.450 is hereby amended to read as follows:
217.450 1. The commission on mental health and mental retardation shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.
2. The administrator of the division shall give priority to those applications [from] for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.
3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.
4. In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:
(a) A basic allocation of $7,000 must be made to provide services for residents of each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.
(b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is [25,000] 14,000 or more.
κ1993 Statutes of Nevada, Page 552 (CHAPTER 256, SB 274)κ
(c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.
Sec. 3. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 469 — Committee on Judiciary
CHAPTER 257
AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in, and repealing certain provisions in Statutes of Nevada 1991; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Section 11 of chapter 139, Statutes of Nevada 1991, at page 260, is hereby amended to read as follows:
Sec. 11. NRS 501.375 is hereby amended to read as follows:
501.375 1. Every game warden , [throughout the state, and every] sheriff and [constable in his respective county] other peace officer of this state and its political subdivisions shall enforce the provisions of this Title and seize any wildlife taken or held in possession in violation of [this Title.] those provisions.
2. Such an officer may:
(a) With or without a warrant, conduct a reasonable search of any camp, structure, aircraft, vessel, vehicle, box, game bag or other package where he has reason to believe any wildlife taken or held in violation of any of the provisions of this Title is to be found, and, for the purpose of such a search, may detain any aircraft, vessel or vehicle for a reasonable time.
(b) Seize any such wildlife and any gun, ammunition, trap, snare, tackle, or other device or equipment whose presence indicates that a violation of any provision of this Title has occurred. Except for property described in section 1 of [this act,] chapter 692, Statutes of Nevada 1991, property seized pursuant to this subsection may be held only for evidence and must be returned when no longer needed for that purpose.
3. A dwelling house may be searched only pursuant to a warrant.
2. Chapter 139, Statutes of Nevada 1991, at page 270, is hereby amended by adding thereto a new section to be designated as section 41.1, immediately following section 41, to read as follows:
Sec. 41.1. Section 1 of Assembly Bill No. 535 of this session is hereby amended to read as follows:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:
Any gun, ammunition, trap, snare, vessel, vehicle, aircraft or other device or equipment used, or intended for use:
κ1993 Statutes of Nevada, Page 553 (CHAPTER 257, AB 469)κ
1. To facilitate the unlawful and intentional killing or possession of any big game mammal; or
2. Knowingly to transport, sell, receive, acquire or purchase any big game mammal which is unlawfully killed or possessed, is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive.
Sec. 2. Section 111 of chapter 245, Statutes of Nevada 1991, at page 573, is hereby amended to read as follows:
Sec. 111. If a common-interest community composed of not more than 12 units is not subject to any developmental rights and no power is reserved to a declarant to make the common-interest community part of a larger common-interest community, group of common-interest communities or other real estate, a public offering statement may but need not include the information otherwise required by subsections 8 and 11 of section 110 of this act.
Sec. 3 Section 4 of chapter 288, Statutes of Nevada 1991, at page 756, is hereby amended to read as follows:
Sec. 4. Chapter 445 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department of motor vehicles and public safety may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 445.610 to 445.710, inclusive, or any rule, regulation or order adopted or issued pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the pollution control account.
3. In addition to any other remedy provided by NRS 445.610 to 445.710, inclusive, the department may compel compliance with any provision of NRS 610 to 445.710, inclusive, and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 4. 1. Section 5 of chapter 297, Statutes of Nevada 1991, at page 779, is hereby amended to read as follows:
Sec. 5. As used in NRS 209.433 to 209.451, inclusive, and section 3 of chapter 487, Statutes of Nevada 1991, unless the context otherwise requires:
1. Offender includes a person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176.2231 to 176.2237, inclusive, 213.152 to 213.1528, inclusive, section 2 or 3 of chapter 165, Statutes of Nevada 1991, or section 2 or 3 of chapter 166, Statutes of Nevada 1991.
κ1993 Statutes of Nevada, Page 554 (CHAPTER 257, AB 469)κ
2. Chapter 297, Statutes of Nevada 1991, at page 784, is hereby amended by adding thereto a new section to be designated as section 16.5, immediately following section 16, to read as follows:
Sec. 16.5. Section 2 of chapter 487, Statutes of Nevada 1991, at page 1409, is hereby repealed.
Sec. 5. Section 11 of chapter 389, Statutes of Nevada 1991, at page 1005, is hereby amended to read as follows:
Sec. 11. NRS 178.455 is hereby amended to read as follows:
179.455 1. The [district] judge, upon receiving the written notice of the administrator of the mental hygiene and mental retardation division that the defendant is of sufficient mentality to be placed upon trial or receive pronouncement of judgment, or that he is not of sufficient mentality and there is no substantial probability that he will attain competency to stand trial or received pronouncement of judgment in the foreseeable future, shall, unless the defendant is charged with a misdemeanor, within a period of not to exceed 20 days, impanel a sanity commission composed of three [physicians, at least one of whom shall be a psychiatrist, who are licensed to practice medicine in this state,] persons, each of whom is a psychiatrist or psychologist, but not including members of the medical staff of the mental hygiene and mental retardation division, who in the opinion of the [district] judge are qualified to examine the person with respect to his mental condition.
2. The sanity commission shall, within 20 days, examine the person designated by the [district] judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the [district] judge its reports in writing, which must be signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to understand the nature of the offense charged;
(b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and
(c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that [the person] he will attain competency in the foreseeable future.
3. Members of the sanity commission shall report individually. Copies of the reports must be sent to the administrator of the mental hygiene and mental retardation division to be incorporated in the medical record of the person, to the office of the district attorney, and to the counsel for the outpatient or person committed.
Sec. 6. Section 6 of chapter 406, Statutes of Nevada 1991, at page 1065, is hereby amended to read as follows:
Sec. 6. The program must:
1. Be taught by an instructor licensed pursuant to section 7 of this act.
2. Include:
κ1993 Statutes of Nevada, Page 555 (CHAPTER 257, AB 469)κ
(a) Instruction relating to the development of proper habits and skills necessary for the safe operation of a motorcycle;
(b) Instruction relating to the effects of alcohol and controlled substances on the operator of a motorcycle; and
(c) At least 8 hours of instruction in the actual operation of a motorcycle for inexperienced operators and at least 4 hours of instruction in the actual operation of a motorcycle for experienced operators.
3. Each course of instruction must be approved by the director before it is offered to persons enrolled in the program. The director shall not approve any course of instruction which does not meet or exceed the requirements established for courses for the education of motorcycle riders by nationally recognized public or private organizations approved by the director.
Sec. 7. Sections 124 and 336 of chapter 442, Statutes of Nevada 1991, at pages 1240 and 1309, respectively, are hereby amended to read respectively as follows:
Sec. 124. NRS 78.760 is hereby amended to read as follows:
78.760 1. The fee for filing articles of incorporation [or agreements of consolidation providing for shares] is prescribed in the following schedule:
If the amount represented by the total number of shares provided for in the articles or agreement is:
$25,000 or less ............................................................................... $125
Over $25,000 and not over $75,000 ......................................... 175
Over $75,000 and not over $200,000 ....................................... 225
Over $200,000 and not over $500,000 ..................................... 325
Over $500,000 and not over $1,000,000 ................................. 425
Over $1,000,000:
For the first $1,000,000 ......................................................... 425
For each additional $500,000 or fraction thereof............. 225
2. The maximum fee which may be charged under this section is $25,000 for:
(a) The original filing of articles of incorporation . [or agreements of consolidation.]
(b) A subsequent filing of any instrument which authorizes an increase in [capital] stock.
3. For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation [or the agreement of consolidation] is:
(a) The aggregate par value of the shares, if only shares with a par value are therein provided for;
(b) The product of the number of shares multiplied by [$10,] $1, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or
κ1993 Statutes of Nevada, Page 556 (CHAPTER 257, AB 469)κ
(c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by [$10,] $1, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.
The value of a corporate share must not be less than one-tenth of a cent.
Sec. 336. NRS 14.020 is hereby amended to read as follows:
14.020 1. Every incorporated company or association , every limited-liability company, every limited partnership, and every municipal corporation created and existing under the laws of any other state, territory, or foreign government, or the Government of the United States, owning property or doing business in this state, shall appoint and keep in this state an agent, who may be either an individual or a domestic corporation, upon whom all legal process may be served for the corporation, association , company, partnership or municipal corporation as provided in subsection 2. The corporation, association , company, partnership or municipal corporation shall file a certificate of acceptance of appointment executed by its resident agent. The certificate must set forth the full name and address of the resident agent, which must be the same as that of the [principal] registered office. The certificate must be renewed in the manner required by NRS 80.070 whenever a change is made in the appointment or a vacancy occurs in the agency.
2. All legal process and any demand or notice authorized by law to be served upon the foreign corporation , association, company or partnership may be served upon the resident agent personally or by leaving a true copy thereof with a person of suitable age and discretion at the address shown on the current certificate of acceptance filed with the secretary of state.
3. Subsection 2 provides an additional mode and manner of serving process, demand or notice and does not affect the validity of any other service authorized by law.
Sec. 8. Sections 2 and 5 of chapter 454, Statutes of Nevada 1991, at pages 1343 and 1344, respectively, are hereby amended to read respectively as follows:
Sec. 2. Except as otherwise provided in NRS 38.215, all civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $25,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.255 and sections 3 and 4 of this act.
Sec. 5. NRS 38.215 is hereby amended to read as follows:
38.215 1. Except as otherwise provided in subsection 2, all civil actions for damages for personal injury, death or property damage arising out of the ownership, maintenance or use of a motor vehicle, where the cause of action arises in this state and the amount in issue does not exceed [$15,000,] $25,000, must be submitted to arbitration, in accordance with the provisions of NRS 38.015 to 38.205, inclusive.
2. Subsection 1 does not apply to any such action [:
κ1993 Statutes of Nevada, Page 557 (CHAPTER 257, AB 469)κ
(a) Within] within the jurisdiction of the justices court, unless the parties agree, orally or in writing, that the action will be submitted to arbitration or the justices court so orders . [; or
(b) Within the jurisdiction of the district court of a judicial district in which a program of mandatory arbitration is in effect.]
Sec. 9. Sections 2 to 6, inclusive, of chapter 475, Statutes of Nevada 1991, at page 1378, are hereby amended to read respectively as follows:
Sec. 2. As used in this chapter:
1. Department means department of human resources.
2. Traumatic brain injury means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.
Sec. 3. The department shall:
1. Establish and maintain a system for the reporting of information relating to persons with traumatic brain injuries; and
2. Adopt regulations which prescribe the information which must be reported to the department and the procedure for reporting that information.
Sec. 4. 1. The chief administrative officer of each hospital in this state shall submit to the department the information required by the regulations adopted pursuant to section 3 of this act.
2. Any person who violates this section is guilty of a misdemeanor.
Sec. 5. Each year the department shall prepare and submit to the legislative commission a statistical report which summarizes and interprets the information obtained pursuant to section 3 of this act.
Sec. 6. A person who provides information to the department pursuant to section 3 of this act may not be held liable in a civil or criminal action for disclosing confidential information unless he has done so in bad faith or with malicious purpose.
Sec. 10. Section 3 of chapter 487, Statutes of Nevada 1991, at page 1409, is hereby amended to read as follows:
Sec. 3. 1. An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned. Credits accumulate pursuant to this subsection as shown in the table set forth in subsection 2 of NRS 209.443.
2. An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.
κ1993 Statutes of Nevada, Page 558 (CHAPTER 257, AB 469)κ
term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446 and 209.449, be deducted from the maximum term imposed by the sentence.
5. The director shall maintain records of the credits to which each offender is entitled pursuant to this section.
Sec. 11. Sections 7, 22 and 49 of chapter 493, Statutes of Nevada 1991, at pages 1459, 1471 and 1490, respectively, are hereby amended to read respectively as follows:
Sec. 7. NRS 218.057 is hereby amended to read as follows:
218.057 1. The assembly districts described in NRS [218.069] 218.0695 to 218.072, inclusive, and 218.0725 to 218.074, inclusive, are hereby created in Washoe County.
2. The [following] senatorial districts described in subsections 3 to 6, inclusive, are hereby created in Washoe County, and the [following] numbers of senators designated therein are apportioned to each respectively . [:
(a)] 3. Washoe County senatorial district 1 [consisting of assembly districts 24, 25, 28 and 29: Two senators.
(b)] , apportioned one senator, consists of:
(a) In Washoe County, census voting districts 0401, 0402, 0403, 0404, 0412, 0420, 0425, 0430, 0441, 0442, 0443, 0444, 0456, 0501, 0505, 0507, 0516, 0517, 0521, 0522, 0524, 0533, 0536, 0700, 0708, 0714, 0719, 0725, 0726, 0734, 0735, 0749, 0752, 0760, 0764, 0803, 0805, 0808, 0815, 0850, 0851, 0852 and 0910.
(b) In Washoe County, in census voting district 0240, blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 122 and 127.
(c) In Washoe County, in census voting district 0245, blocks 102, 103, 104, 105, 106, 107, 108, 109B and 112.
(d) In Washoe County, in census voting district 0305, block 109A.
(e) In Washoe County, in census voting district 0410, blocks 101, 102, 103, 110, 111, 115, 116, 124, 125, 129, 130, 305, 307, 321, 322, 401, 402, 403, 405, 415, 417, 418, 419, 420 and 421.
(f) In Washoe County, in census voting district 0419, blocks 101A, 102, 103, 104, 105A, 106, 201B and 607.
(g) In Washoe County, in census voting district 0421:
(1) Blocks 605B, 607, 609B, 609C, 611A, 611B, 613A, 615A and 616.
(2) Block 612 located in census tract 002604.
(h) In Washoe County, in census voting district 0457:
(1) Located in census track 0014, blocks 124, 125 and 126.
κ1993 Statutes of Nevada, Page 559 (CHAPTER 257, AB 469)κ
(2) Blocks 127, 128, 129, 132, 133, 202, 206, 207, 223, 224, 229 and 230.
(i) In Washoe County, in census voting district 0508, blocks 130, 201, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226 and 227.
(j) In Washoe County, in census voting district 0532, blocks 108A, 109, 110 and 111.
(k) In Washoe County, in census voting district 0625, blocks 504, 505B, 505C, 509 and 510.
(l) In Washoe County, in census voting district 0640, blocks 101A, 101B, 101D, 102, 129A, 446A, 446B, 462A, 463A, 463C, 465A and 465B.
(m) In Washoe County, in census voting district 0709, block 201A.
(n) In Washoe County, in census voting district 0728:
(1) Block 101C, located in census tract 003103.
(2) Blocks 101D, 101E, 103D, 104, 105A, 105B, 106, 107C, 129B, 130, 201, 205, 206, 207, 208, 216, 217, 220, 302, 418, 444, 445, 446G, 447, 448, 449, 450, 451, 457, 459, 460, 461, 462B, 463B, 463D, 464, 465C, 465D, 465E, 466, 485, 499, 501, 502B, 502C, 503, 504, 505B, 560, 561, 562, 563, 564, 565 and 566.
(o) In Washoe County, in census voting district 0812, blocks 401, 402, 403, 404, 405, 413, 414, 415, 416 and 483A.
(p) In Washoe County, in census voting district 0856, blocks 516, 542 and 545.
4. Washoe County senatorial district 2 [consisting] , apportioned one senator, consists of assembly districts 30 and 31 . [: One senator.
(c)] 5. Washoe County senatorial district 3 [consisting of assembly districts 23, 26, 27 and 32: Two senators.
3.] , apportioned one senator, consists of:
(a) In Washoe County, census voting districts 0103, 0109, 0111, 0112, 0116, 0118, 0121, 0122, 0123, 0124, 0125, 0127, 0133, 0136, 0428, 0429, 0445, 0453, 0455, 0458, 0500, 0534, 0535, 0701, 0702, 0741, 0747, 0748, 0750, 0768, 0782, 0795, 0796, 0801, 0802, 0807, 0809, 0810, 0811, 0813, 0821, 0848, 0849, 0853, 0854, 0855, 0904, 0905 and 0907.
(b) In Washoe County, in census voting district 0131, blocks 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 399, 402B, 402C, 431A, 503, 505A, 601, 602 and 602A.
(c) In Washoe County, in census voting district 0206:
(1) Block 103 located in census tract 001003.
(2) Blocks 104, 105 and 106.
(d) In Washoe County, in census voting district 0212, blocks 205, 206, 207, 208, 209, 210, 211, 220, 221, 222, 223, 224, 225, 226, 227, 306, 307, 308, 309 and 311.
(e) In Washoe County, in census voting district 0231, blocks 601 and 703.
(f) In Washoe County, in census voting district 0232:
(1) Blocks 603, 604, 605, 606, 607, 608, 609, 610 and 613.
(2) Block 699 located in census tract 001003.
κ1993 Statutes of Nevada, Page 560 (CHAPTER 257, AB 469)κ
(g) In Washoe County, in census voting district 0252, blocks 602B, 615A and 615B.
(h) In Washoe County, in census voting district 0419, block 604B.
(i) In Washoe County, in census voting district 0421:
(1) Blocks 502A, 521A, 522A, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532A, 533A, 534A, 535A, 538A, 604A, 605, 613, 614, 615, 701, 702, 703, 704A, 704C, 705A, 705C, 706, 707, 708, 709 and 710.
(2) Block 612 located in census tract 002603.
(j) In Washoe County, in census voting district 0532, blocks 101A, 101B, 102, 103, 104, 105, 106, 107 and 604C.
(k) In Washoe County, in census voting district 0709, blocks 101A, 101B, 102B, 104B, 106B, 201C, 201D, 201E, 201F, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 206A, 206B and 207.
(l) In Washoe County, in census voting district 0728, blocks 421, 422, 423, 424 and 443.
(m) In Washoe County, in census voting district 0761, blocks 201, 202B, 205A and 205B.
(n) In Washoe County, in census voting district 0771, blocks 414A, 414B, 415, 416, 417, 418, 419, 420, 424, 436, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 456 and 499.
(o) In Washoe County, in census voting district 0812, blocks 406, 407, 408, 409, 410, 411, 412, 417, 419, 420, 425, 426, 427, 428, 429, 430, 645, 646, 647, 648, 649, 650 and 651.
(p) In Washoe County, in census voting district 0856, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 340, 341, 342, 343, 344, 345, 346, 347, 348, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 517, 518, 519, 520, 521, 543 and 544.
(q) In Washoe County, in census voting district 0901, blocks 312B, 431B, 432, 433 and 602D.
6. Washoe County senatorial district 4, apportioned one senator, consists of:
(a) In Washoe County, census voting districts, 0105, 0106, 0132, 0135, 0200, 0203, 0208, 0215, 0223, 0235, 0242, 0243, 0244, 0251, 0253, 0312, 0317, 0323, 0326, 0334, 0335, 0336, 0337, 0338, 0339, 0341, 0344, 0347, 0348, 0349, 0350, 0351, 0704, 0707, 0733, 0736, 0742, 0744, 0746, 0780, 0781, 0832, 0833 and 0834.
(b) In Washoe County, in census voting district 0131, blocks 402A, 402D and 505B.
(c) In Washoe County, in census voting district 0206:
(1) Blocks 101, 102, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 199, 301, 326 and 327.
(2) Block 103 located in census tract 001004.
(d) In Washoe County, in census voting district 0212, blocks 124, 125 and 126.
(e) In Washoe County, in census voting district 0231, blocks 102A, 102B, 102C, 701, 702, 704, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 and 815.
(f) In Washoe County, in census voting district 0232:
κ1993 Statutes of Nevada, Page 561 (CHAPTER 257, AB 469)κ
(1) Blocks 611 and 612.
(2) Block 699 located in census tract 001003.
(g) In Washoe County, in census voting district 0240, blocks 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, 201, 202, 203, 206, 601, 602, 603, 604, 605, 606 and 610.
(h) In Washoe County, in census voting district 0245, blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 227.
(i) In Washoe County, in census voting district 0252, blocks 614 and 814.
(j) In Washoe County, in census voting district 0310, blocks 212, 213, 214, 215, 216, 222 and 323.
(k) In Washoe County, in census voting district 0346, block 505.
(l) In Washoe County, in census voting district 0410, blocks 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 619, 620, 626, 627, 628, 629, 630, 631 and 632.
(m) In Washoe County, in census voting district 0457:
(1) Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 701, 702, 703, 704, 705, 712, 713, 714, 715, 716, 801 and 802.
(2) Located in census tract 0001, blocks 124, 125 and 126.
(n) In Washoe County, in census voting district 0508, blocks 706, 707, 708, 709, 710, 711, 717, 718, 719, 803, 804, 805 and 806.
(o) In Washoe County, in census voting district 0710, blocks 101B, 106B, 107B, 108A, 108D, 108E, 108F, 109B, 109C, 110, 111, 112, 113, 114, 115, 203A, 203B, 205, 206A, 206B, 207, 208, 214, 215, 216 and 219.
(p) In Washoe County, in census voting district 0716:
(1) Blocks 201B, 302B, 303, 304B, 305, 306B, 308B, 310 and 409B.
(2) Block 307B located in census tract 002204.
(q) In Washoe County, in census voting district 0761, blocks 206A, 206B and 207.
(r) In Washoe County, in census voting district 0769, blocks 101B, 101C, 110B, 111, 199, 201D and 601B.
(s) In Washoe County, in census voting district 0901, blocks 213, 218.
7. Each senator and assemblyman must be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 22. NRS 218.065 is hereby amended to read as follows:
218.065 Assembly district 15 consists of:
1. In Clark County , census [tracts 18.01 and 18.02.] voting districts 1775, 1790, 1795, 1820, 1830, 1845, 1865, 1875, 1935, 2005, 2050, 2170, 2580, 2665, 2705, 2935, 3075, 3080, 3095, 3100, 3115, 3130 and 3155.
2. In Clark County , in census [tract 16.02, block group 5.] voting district 2115, blocks 801, 802 and 810.
κ1993 Statutes of Nevada, Page 562 (CHAPTER 257, AB 469)κ
3. In Clark County , in census [tract 17.02, blocks 402 to 409, inclusive.] voting district 2175, blocks 417, 418, 512 and 517.
4. In Clark County , in census [tract 19, blocks 110 to 114, inclusive, and 209 to 213, inclusive.] voting district 2185, blocks 503, 504, 505, 506, 507, 508, 513, 514, 515 and 516.
5. In Clark County , in census [tract 25, blocks 101, 102, 118 to 121, inclusive, 126, 127, 202, 203, 210, 211, 213 to 215, inclusive, 218 to 220, inclusive, 222 to 224, inclusive, 226 to 245, inclusive, and 247 to 251, inclusive.] voting district 2225, block 419.
6. In Clark County, in census voting district 2910, blocks 501, 502, 503, 504, 508 and 509.
7. In Clark County, in census voting district 2915, blocks 218, 219, 220, 221, 222, 223, 224, 225, 226 and 235.
8. In Clark County, in census voting district 3030, blocks 208, 209, 210, 211 and 215.
Sec. 49. NRS 218.0795 is hereby amended to read as follows:
218.0795 Assembly district [42] 5 consists of:
1. In Clark County , census [tract 16.01:
(a) Block groups 1 to 8, inclusive.
(b) Block 923.] voting districts 1095, 1785, 1905, 1965, 1980, 2000, 2060 and 2090.
2. In Clark County , in census [tract 16.02, blocks 129 to 142, inclusive.] voting district 1895, blocks 603 and 607.
3. In Clark County , in census [tract 17.01:
(a) Block groups 1 and 7.
(b) Blocks 804 to 809, inclusive, and 813 to 820, inclusive.] voting district 1975, blocks 517, 518, 519, 520, 521 and 541.
4. In Clark County , in census [tract 17.02:
(a) Block groups 1, 2 and 5.
(b) Blocks 401 and 411 to 418, inclusive.] voting district 2045, blocks 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815 and 816.
5. In Clark County , in census [tract 17.03, block groups 4 and 5.] voting district 3005, blocks 107, 108, 109, 110, 401, 402, 403, 404, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 and 428.
6. In Clark County, in census voting district 3105, blocks 104, 105, 106, 113 and 114.
7. In Clark County, in census voting district 3120, blocks 509, 510, 511, 512, 513, 522, 523, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557 and 564.
8. In Clark County, in census voting district 3150, blocks 101, 102 and 103.
Sec. 12. Section 2 of chapter 505, Statutes of Nevada 1991, at page 1564, is hereby amended to read as follows:
Sec. 2. NRS 449.830 is hereby amended to read as follows:
449.830 The form of a power of attorney for a disabled principal must be substantially as follows:
κ1993 Statutes of Nevada, Page 563 (CHAPTER 257, AB 469)κ
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
WARNING TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE, OR PROCEDURE TO MAINTAIN, DIAGNOSE, OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.
2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.
4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.
5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.
6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.
κ1993 Statutes of Nevada, Page 564 (CHAPTER 257, AB 469)κ
HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.
7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.
8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.
9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
1. DESIGNATION OF HEALTH CARE AGENT.
I, ...........................................................................................................................
(insert your name) do hereby designate and appoint:
Name: ..........................................................................................................
Address:........................................................................................................
Telephone Number:....................................................................................
as my attorney-in-fact to make health care decisions for me as authorized in this document.
(Insert the name and address of the person you wish to designate as your attorney-in-fact to make health care decisions for you. [None] Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your attorney-in-fact: (1) your treating provider of health care, (2) an employee of your treating provider of health care, (3) an operator of a health care facility, or (4) an employee of an operator of a health care facility.)
2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.
3. GENERAL STATEMENT OF AUTHORITY GRANTED.
In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the attorney-in-fact named above full power and authority to make health care decisions for me before, or after my death, including: consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.
κ1993 Statutes of Nevada, Page 565 (CHAPTER 257, AB 469)κ
4. SPECIAL PROVISIONS AND LIMITATIONS.
(Your attorney-in-fact is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, or abortion. If there are any other types of treatment or placement that you do not want your attorney-in-facts authority to give consent for or other restrictions you wish to place on his or her attorney-in-facts authority, you should list them in the space below. If you do not write any limitations, your attorney-in-fact will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)
In exercising the authority under this durable power of attorney for health care, the authority of my attorney-in-fact is subject to the following special provisions and limitations:
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
5. DURATION.
I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my attorney-in-fact will continue to exist until the time when I become able to make health care decisions for myself.
(IF APPLICABLE)
I wish to have this power of attorney end on the following date:
6. STATEMENT OF DESIRES.
(With respect to decisions to withhold or withdraw life-sustaining treatment, your attorney-in-fact must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your attorney-in-fact has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)
(If the statement reflects your desires, initial the box next to the statement.)
1. I desire that my live be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures............ [ ]
κ1993 Statutes of Nevada, Page 566 (CHAPTER 257, AB 469)κ
2. If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of [this act] chapter 258, Statutes of Nevada 1991, if this subparagraph is initialed.) [.......................... ]
3. If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of [this act] chapter 258, Statutes of Nevada 1991, if this subparagraph is initialed.) [.......................... ]
4. I direct my attending physician not to withhold or withdraw artificial nutrition and hydration by way of the gastro-intestinal tract if such a withholding or withdrawal would result in my death by starvation or dehydration. [.......................... ]
5. I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My attorney-in-fact is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life. [.......................... ]
(If you wish to change your answer, you may do so by drawing an X through the answer you do not want, and circling the answer you prefer.)
Other or Additional Statements of Desires: ...........................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
7. DESIGNATION OF ALTERNATE ATTORNEY-IN-FACT.
(You are not required to designate any alternative attorney-in-fact but you may do so. Any alternative attorney-in-fact you designate will be able to make the same health care decisions as the attorney-in-fact designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your attorney-in-fact. Also, if the attorney-in-fact designated in paragraph 1 is your spouse, his or her designation as your attorney-in-fact is automatically revoked by law if your marriage is dissolved.)
If the person designated in paragraph 1 as my attorney-in-fact is unable to make health care decisions for me, than I designate the following persons to serve as my attorney-in-fact to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:
κ1993 Statutes of Nevada, Page 567 (CHAPTER 257, AB 469)κ
for me as authorized in this document, such persons to serve in the order listed below:
A. First Alternative Attorney-in-fact
Name:...................................................................................................
Address:...............................................................................................
...............................................................................................................
Telephone Number:...........................................................................
B. Second Alternative Attorney-in-fact
Name:...................................................................................................
Address:...............................................................................................
...............................................................................................................
Telephone Number:...........................................................................
8. PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.
(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)
I sign my name to this Durable Power of Attorney for Health care on .................... (date) at .................... (city), .................... (state)
...........................................................
(Signature)
(THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
(You may use acknowledgment before a notary public instead of the statement of witnesses.)
State of Nevada }
} ss.
County of ....................... }
On this ............... day of ..............., in the year ..., before me, ....................................... (here insert name of notary public) personally appeared ................................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.
κ1993 Statutes of Nevada, Page 568 (CHAPTER 257, AB 469)κ
NOTARY SEAL ...........................................................
(Signature of Notary Public)
STATEMENT OF WITNESSES
(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the attorney-in-fact, (2) a provider of health care, (3) an employee of a provider of health care, (4) the operator of health care facility, (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)
I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as attorney-in-fact by this document, and that I am not a provider of health care, an employee of a provider of health care, the operator of a community care facility, nor an employee of an operator of a health care facility.
Signature: ....................................... Residence address:.........................
Print Name: .................................... ...........................................................
Date: ............................................... ...........................................................
Signature: ....................................... Residence address:.........................
Print Name: .................................... ...........................................................
Date: ............................................... ...........................................................
(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)
I declare under penalty of perjury that I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.
Signature: .......................................................
Signature: .......................................................
..............................................................................................................................
Names: ........................................... Address:...........................................
Print Name: .................................... ...........................................................
Date: ............................................... ...........................................................
COPIES: You should retain an executed copy of this document and give one to your attorney-in-fact. The power of attorney should be available so a copy may be given to your providers of health care.
κ1993 Statutes of Nevada, Page 569 (CHAPTER 257, AB 469)κ
Sec. 13. Section 1 of chapter 507, Statutes of Nevada 1991, at page 1570, is hereby amended to read as follows:
Section 1. NRS 501.376 is hereby amended to read as follows:
501.376 1. Any person who unlawfully kills or possesses a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear without a valid tag is guilty of a gross misdemeanor. This [section] subsection does not prohibit the killing of such an animal if necessary to protect the life or property of any person in imminent danger of being attacked by such an animal.
2. A tag issued for hunting any big game mammal specified in subsection 1 is not valid if knowingly used by a person:
(a) Other than the person specified on the tag;
(b) Outside of the management area or other area specified on the tag;
(c) Outside of the dates established by the commission for the lawful taking of the big game mammal specified on the tag;
(d) Outside of the hours set pursuant to NRS 503.140 for the lawful hunting of the big game mammal specified on the tag; or
(e) If the tag was obtained by a false or fraudulent representation.
Sec. 14. Sections 64 and 68 of chapter 519, Statutes of Nevada 1991, at pages 1637 and 1638, respectively, are hereby amended to read respectively as follows:
Sec. 64. 1. NRS 41A.006, 679A.070, 679A.080, 679B.010, 680B.080, 680B.090 and 680B.100 are hereby repealed.
2. NRS 680B.110 is hereby repealed.
Sec. 68 1. This section and sections 1 to 62, inclusive, sections 62.2 to 63.7, inclusive, subsection 1 of section 64 and sections 65, 66 and 67 of this act become effective on July 1, 1991.
2. Subsection 2 of section 64 of this act becomes effective at 12:01 a.m. on July 1, 1991.
3. Section 62.1 of this act becomes effective at 12:01 a.m. on January 1, 1992.
Sec. 15. 1. Chapter 520, Statutes of Nevada 1991, at page 1638, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:
Sec. 1.5. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 4 and 5 , [and NRS 236.080,] a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
κ1993 Statutes of Nevada, Page 570 (CHAPTER 257, AB 469)κ
provisions of this chapter requiring approval before acceptance do not apply.
(b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant which does not qualify pursuant to paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
3. The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.
4. In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the state;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding $10,000 each in value; and
(b) Governmental grants not exceeding $50,000 each in value,
if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.
6. This section does not apply to:
(a) The state industrial insurance system;
(b) The University of Nevada System; or
(c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.
2. Section 4 of chapter 520, Statutes of Nevada 1991, at page 1638, is hereby amended to read as follows:
Sec. 4. 1. This section and sections 2 and 3 of this act become effective on June 30, 1991.
2. Sections 1 and 1.5 of this act become effective on January 1, 1992.
κ1993 Statutes of Nevada, Page 571 (CHAPTER 257, AB 469)κ
Sec. 16. Sections 42 and 48 of chapter 523, Statutes of Nevada 1991, at pages 1662 and 1666, respectively, are hereby amended to read respectively as follows:
Sec. 42. NRS 453.375 is hereby amended to read as follows:
453.375 A controlled substance may be possessed and administered by the following persons:
1. [If registered by the board:
(a)] A practitioner.
[(b)] 2. A physicians assistant at the direction of his supervising physician.
[2. Without being registered with the board:
(a)] 3. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:
[(1)] (a) From an original container which has been furnished as floor or ward stock;
[(2)] (b) From a container dispensed by a registered pharmacist pursuant to a prescription or furnished pursuant to a chart order; or
[(3)] (c) Furnished by a practitioner.
[(b)] 4. In a pharmacy in a correctional institution, a registered nurse licensed to practice professional nursing or a licensed practical nurse, in multiple doses for administration in single doses to prisoners in that institution.
[(c)] 5. An advanced emergency medical technician as authorized by regulation of the state board of health and in accordance with any applicable regulations of the state board of health or a district board of health created pursuant to NRS 439.370.
[(d)] 6. A respiratory therapist, at the direction of a physician.
[(e)] 7. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
[(1)] (a) In the presence of a physician or a registered nurse; or
[(2)] (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.
A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
[(f)] 8. A medical intern in the course of his internship.
[(g)] 9. An ultimate user as defined in this chapter.
[3.] 10. A person designated by the head of a correctional institution which does not contain a pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
Sec. 48. 1. This section and section 47 of this act become effective upon passage and approval.
κ1993 Statutes of Nevada, Page 572 (CHAPTER 257, AB 469)κ
2. Sections 15, 22, 32 to 36, inclusive, 37.5, 42, 43, 45 and 46 of this act become effective at 12:01 a.m. on October 1, 1991.
Sec. 17. Section 9 of chapter 549, Statutes of Nevada 1991, at page 1732, is hereby amended to read as follows:
Sec. 9. The governing board:
1. Shall adopt such regulations as are necessary to carry out its specific powers and duties.
2. May establish and collect reasonable fees for the provision of any service that is authorized pursuant to the provisions of NRS 278.026 to 278.029, inclusive, and sections 2 to 10, inclusive, of this act.
Sec. 18. 1. Sections 172 and 173 of chapter 556, Statutes of Nevada 1991, at pages 1800 and 1801, respectively, are hereby repealed.
2. Sections 203, 205 and 223 of chapter 556, Statutes of Nevada 1991, at pages 1818, 1820 and 1829, respectively, are hereby amended to read respectively as follows:
Sec. 203. 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 and motor club shall on or before March 1 of each year pay to the commissioner the uniform amount, not to exceed $15, 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 staff, without limitation as to number, in attending meetings of the association and its committees, subcommittees, hearings and other official activities.
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 [fund] account of the department of insurance, which is hereby created [as a special revenue] in the state general fund. Except as otherwise provided in subsection 2, all claims against the [fund] account must be paid as other claims against the state are paid.
Sec. 205. NRS 682B.040 is hereby amended to read as follows:
682B.040 1. Except as otherwise provided in NRS 682B.050 and 682B.055, deposits made in this state [under] pursuant to this code must be made through the commissioner. The [fund] account for the department of insurance is hereby created [as an agency fund.] in the state agency fund for bonds. All money received by the commissioner must be deposited with the state treasurer to the credit of the [fund.] account. All claims against the [fund] account must be paid as other claims against the state are paid.
2. The State of Nevada is responsible for the safekeeping of all securities or other assets deposited with the state treasurer through the commissioner [under] pursuant to this code, and shall bear the costs of the depository.
κ1993 Statutes of Nevada, Page 573 (CHAPTER 257, AB 469)κ
commissioner [under] pursuant to this code, and shall bear the costs of the depository.
Sec. 223. 1. This section and sections 1 to 86, inclusive, 88, 89, 90, 93 to 117, inclusive, 119 to 123, inclusive, 125 to 171, inclusive, 173 to 202, inclusive, 204 and 205.5 to 222, inclusive, of this act become effective on July 1, 1991.
2. Sections 87, 91, 92, 105, 118, 124, 172, 203 and 205 of this act become effective at 12:01 a.m. on July 1, 1991.
3. Chapter 556, Statutes of Nevada 1991, at pages 1820 and 1822, respectively, is hereby amended by adding thereto new sections to be designated as sections 205.5 and 207.5, immediately following sections 205 and 207, respectively, to read as follows:
Sec. 205.5 NRS 684A.244 is hereby amended to read as follows:
684A.244 1. The commissioner may delegate to a hearing officer or panel his authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom with the state treasurer for credit to the department of insurances regulatory [fund.] account.
2. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 1 and the commissioner deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, he may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 207.5 NRS 696B.520 is hereby amended to read as follows:
696B.520 1. The commissioner may apply for and any district court may grant such restraining orders, temporary and permanent injunctions and other orders as may be deemed necessary to enforce the commissioners order.
2. A violation of any order of the commissioner issued under NRS 696B.500 by any person as to whom the order is in effect subjects the person to a penalty of not more than $10,000, to be collected in a civil action brought by the attorney general in the name of the State of Nevada. The attorney general shall deposit all money so collected in the state treasury for credit to the department of insurances regulatory [fund.] account.
Sec. 19. 1. Sections 2 and 3 of chapter 560, Statutes of Nevada 1991, at page 1835, are hereby amended to read respectively as follows:
Sec. 2. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive [.] , and section 1 of this act. Except as otherwise provided in subsection 2, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
κ1993 Statutes of Nevada, Page 574 (CHAPTER 257, AB 469)κ
firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. The legislative commission may authorize an entity that is not otherwise authorized pursuant to NRS 218.240 to 218.255, inclusive, to request the preparation of legislative measures to submit requests directly to the legislative counsel and the legal division of the legislative counsel bureau. The legislative commission shall not authorize an entity to request the preparation of more than 10 measures pursuant to this subsection.
3. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
4. The legislative counsel may deliver to the superintendent of the state printing and micrographics division of the department of general services and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 3. NRS 218.625 is hereby amended to read as follows:
218.625 1. The director, other officers and employees of the legislative counsel bureau shall not:
(a) Oppose or urge legislation, except as the duties of the director, the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.
(b) Except as otherwise provided in this section, section 1 of [this act and] chapter 726, Statutes of Nevada 1991, NRS 218.2475, and section 1 of this act, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.
2. Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not be published or publicly disclosed.
3. When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
4. The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission prescribes.
5. If a legislator asks whether a request for proposed legislation relating to a specific topic has been submitted to the legislative counsel for preparation, the legislative counsel shall disclose to that legislator whether such a request has been submitted.
κ1993 Statutes of Nevada, Page 575 (CHAPTER 257, AB 469)κ
for preparation, the legislative counsel shall disclose to that legislator whether such a request has been submitted.
6. Upon receipt of a request for the preparation of a measure to be submitted to the legislature which duplicates or closely resembles a request previously submitted for the same legislative session, the legislative counsel shall, to the extent practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request. If the request is not withdrawn, the legislative counsel shall inform the previous requestor of the fact that a duplicative request has been made. If the request is submitted by a requestor on his own behalf, and the previous request was submitted by a legislator who is a member of the other house of the legislature, the legislative counsel shall inform the second requester of the fact that the request is duplicative.
2. Chapter 560, Statutes of Nevada 1991, at page 1836, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:
Sec. 4. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1991.
Sec. 20 Sections 6, 7 and 14 of chapter 561, Statutes of Nevada 1991, at pages 1838, 1840 and 1845, respectively, are hereby amended to read respectively as follows:
Sec. 6. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses must be administered by the board and the commissioner, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board and the commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment , [or] supplies , documents or records for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of [applicants and licensees, on their premises, or elsewhere as practicable, and in the presence of the licensee] any applicant or licensee, on his premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
(e) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the board or commission knows or reasonably suspects is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying and audit may take place on the affiliates premises or elsewhere as practicable, and in the presence of the affiliate or its agent.
κ1993 Statutes of Nevada, Page 576 (CHAPTER 257, AB 469)κ
photocopying and audit may take place on the affiliates premises or elsewhere as practicable, and in the presence of the affiliate or its agent.
3. For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for a period of 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
4. The board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter , chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463B, 464 or 465 of NRS. For the purpose of the administration and enforcement of [this chapter and chapters 462, 463B, 464 and 465 of NRS, and of chapter 205 of NRS so far as it involves crimes against the property of gaming licensees,] those provisions, the members of the board [, the] and commission and [the executive, supervisory and investigative personnel of both the board and the commission] those agents of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer of this state.
5. An agent of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the peace officers standards and training committee, also has the powers of a peace officer of this state when, during the performance of those duties:
(a) A felony, gross misdemeanor or misdemeanor is committed or attempted in his presence; or
(b) He is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of his presence.
6. For the purpose of protecting members of the board and of the commission and their families and property, and providing security at meetings of the board and of the commission, [the employees of the enforcement division] those agents of the board whose duties include the enforcement of statutes or regulations have the powers of a peace officer of this state.
[6.] 7. The board and the commission or any of its member has full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
κ1993 Statutes of Nevada, Page 577 (CHAPTER 257, AB 469)κ
Sec. 7. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. A person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city [.] ,
except that an independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.
3. A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. [Any holder of] A gaming employee who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.
5. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board.
κ1993 Statutes of Nevada, Page 578 (CHAPTER 257, AB 469)κ
the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing , the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.
8. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
(a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application of the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in any state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
If the board issues or does not object to the issuance of a work permit to an applicant who has been convicted of a crime which is a felony or gross misdemeanor, it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
κ1993 Statutes of Nevada, Page 579 (CHAPTER 257, AB 469)κ
appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
9. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
10. Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
11. A work permit expires unless renewed [within 10 days after a change of place of employment] in accordance with subsection 4, or if the holder thereof is not employed as a gaming employee or does not serve as an independent agent within the jurisdiction of the issuing authority for more than 90 days.
12. The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize such person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and
(d) Notifying the applicant of the decision.
13. Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
κ1993 Statutes of Nevada, Page 580 (CHAPTER 257, AB 469)κ
the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 14. 1. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1991.
2. Sections 2 and 7 of this act becomes effective at 12:02 a.m. on October 1, 1991.
Sec. 21 Section 19 of chapter 564, Statutes of Nevada 1991, at page 1855, is hereby amended to read as follows:
Sec. 19 1. The commissioner shall establish by regulation the fees to be paid by title agents and title insurers for the supervision and examination of such agents and insurers by the commissioner or his representative.
2. In establishing the fees pursuant to subsection 1, the commissioner shall consider:
(a) The complexity of the various examinations to which the fees apply;
(b) The skill required to conduct such examinations;
(c) The expenses associated with conducting such examinations and preparing reports; and
(d) Any other factors the commissioner deems relevant.
3. The commissioner shall, with the approval of the commissioner of financial institutions, adopt regulations prescribing the standards for determining whether a title insurer or title agent has maintained adequate supervision of a title agent or title officer pursuant to the provisions of this chapter.
Sec. 22. Section 4 of chapter 572, Statutes of Nevada 1991, at page 1891, is hereby amended to read as follows:
Sec. 4. NRS 278.490 is hereby amended to read as follows:
278.490 1. Any owner or governing body desiring to revert or abandon any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to abandon the map or portion thereof shall submit a written application accompanied by a map of the proposed abandonment or reversion which contains the same survey dimensions as the recorded map to the governing body or, if authorized by ordinance, to the planning commission, for approval. The application must describe the requested changes.
2. The map [need only] must contain the appropriate certificates required by NRS 278.374 [to 278.378, inclusive,] and 278.376 to 278.4725, inclusive, for the original division of the land, and must be presented to the governing body or, if authorized by ordinance, to the planning commission, for approval. If the map includes the abandonment of any public street or easement, the provisions of NRS 278.480 must be followed before the approval of the map.
3. The final map must be [clearly] :
(a) Prepared by a professional land surveyor registered pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map that is being abandoned or reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document.
κ1993 Statutes of Nevada, Page 581 (CHAPTER 257, AB 469)κ
land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate, recording information which is sufficient to identify clearly the recorded map being reverted or abandoned.
(b) Clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.
4. The size of each sheet of the map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
5. The scale of the map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
6. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
7. Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of abandonment of a former map or for reversion of any land division to acreage.
8. Upon approval of the map of reversion or abandonment, it must be recorded by the governing body or, if authorized by ordinance, by the planning commission, in the office of the county recorder and the county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 23. Section 3 of chapter 575, Statutes of Nevada 1991, at page 1897, is hereby amended to read as follows:
Sec. 3. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of combustibles, flammables and fireworks.
(c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.
(d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large number of persons work, live or congregate [from time to time] for any purpose.
κ1993 Statutes of Nevada, Page 582 (CHAPTER 257, AB 469)κ
work, live or congregate [from time to time] for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties whose population is less than 35,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection [purposes] within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.
6. The state fire marshal shall:
(a) Investigate any fire which occurs in a county whose population is less than 35,000, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county whose population is 35,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Cooperate with any local fire department in the investigation of any report received pursuant to section 1 of this act.
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
κ1993 Statutes of Nevada, Page 583 (CHAPTER 257, AB 469)κ
7. The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.
8. The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances, on request or as he deems necessary.
Sec. 24. Sections 21 and 25 of chapter 576, Statutes of Nevada 1991, at pages 1906 and 1907, respectively, are hereby amended to read respectively as follows:
Sec. 21. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of [$23.] $33.
2. For every motorcycle, a fee for registration of [$23] $33 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the account for verification of insurance which is hereby created in the state general fund and must be used only for the purposes specified in NRS 485.383.
5. For every travel trailer, a fee for registration of [$17.] $27.
6. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 25. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
A license issued to a person 65 years of age or older [$4] $14
An original license issued to any other person......... [9] 19
A renewal license issued to any other person........... [9] 19
Reinstatement of a license after suspension, revocation or cancellation except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385 [25] 40 Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.................. [50] 65
κ1993 Statutes of Nevada, Page 584 (CHAPTER 257, AB 469)κ
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385................................................................................. [50] 65
A [duplicate license,] new photograph, change of name, change of address or any combination...................................... 5
A duplicate license............................................................ 14
2. For every motorcycle endorsement to a drivers license a fee of $5 must be charged.
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees Social Security number to a unique number based upon it.
4. The increase in fees authorized by NRS 483.347 and the fee charged pursuant to section 3 of [this act] chapter 678, Statutes of Nevada 1991, must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of [$5] $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.
6. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
7. Except as otherwise provided in section 3 of [this act,] chapter 678, Statutes of Nevada 1991, all money collected by the department pursuant to this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 25. Section 1 of chapter 578, Statutes of Nevada 1991, at page 1911, is hereby amended to read as follows:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to the expended only for the purposes specified in this section.
κ1993 Statutes of Nevada, Page 585 (CHAPTER 257, AB 469)κ
revenue funds, in the amounts and to the expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, and the bonds authorized to be issued by section 2 of [this act.] chapter 718, Statutes of Nevada 1991. If in any year the balance in that fund is not sufficient for that purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
6. After the requirements of subsection 5 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling.
κ1993 Statutes of Nevada, Page 586 (CHAPTER 257, AB 469)κ
construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund [in the state treasury] but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 26. Section 2 of chapter 579, Statutes of Nevada 1991, at page 1914, is hereby amended to read as follows:
Sec. 2. NRS 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.
2. The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department pursuant to this chapter. The director may designate the county assessor of any county as agent to assist in carrying out the duties of the department in that county. The county assessor may, under an agreement with the department made pursuant to this subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in this county.
3. [The] Except as otherwise provided in this subsection, the contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration. An authorized station that issues certificates of registration pursuant to section 1 of this act is not entitled to receive compensation from the department pursuant to this subsection.
Sec. 27. Section 1 of chapter 587, Statutes of Nevada 1991, at page 1925, is hereby amended to read as follows:
Section 1. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; [or]
κ1993 Statutes of Nevada, Page 587 (CHAPTER 257, AB 469)κ
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975 [,] ; or
(c) Was assigned to active duty or who served on active duty outside of the United States in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forced of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.
3. The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof, of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 28. Section 5 of chapter 591, Statutes of Nevada 1991, at page 1938, is hereby amended to read as follows:
Sec. 5. NRS 439B.340 is hereby amended to read as follows:
439B.340 1. Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the department a report showing:
κ1993 Statutes of Nevada, Page 588 (CHAPTER 257, AB 469)κ
(a) The total number of inpatients treated by each such hospital who are claimed by the hospital to be indigent;
(b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;
(c) The total amount paid to each such hospital for treatment of such patients; and
(d) The amount the hospital would have received for patients for whom no reimbursement was provided.
2. The director shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:
(a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the department of human resources pursuant to subsection 4 of NRS 428.030, the director shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the director shall determine the number based upon the report submitted pursuant to subsection 1 of this section.
(b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment.
(c) Adding the products of the calculations made pursuant to paragraphs (a) and (b) for all treatment provided.
If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. [Upon receiving satisfactory proof from a hospital that] If a decision of a county regarding the indigent status of one or more inpatients is pending appeal before the director or upon receiving satisfactory proof from a hospital that the decision is pending appeal before a court having general jurisdiction in the county pursuant to subsection 4 of NRS 439B.330, the director shall defer assessing the hospital the amount that may be offset by the determination on appeal until [the court hearing the appeal renders its decision.] a final determination of the matter is made.
3. If the director determines that a hospital has met its obligation to provide treatment to indigent inpatients, he shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients until the certification is received from the director. The county shall pay the hospital for such treatment within 30 days after receipt of the certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.
4. The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied.
κ1993 Statutes of Nevada, Page 589 (CHAPTER 257, AB 469)κ
notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice, except for assessments deferred pursuant to subsection 2 which, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:
(a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.
5. Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.
Sec. 29. Section 1 of chapter 599, Statutes of Nevada 1991, at page 1968, is hereby amended to read as follows:
Section 1 NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as otherwise provided in [subsections 2, 3 and 4,] this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than [$1,500.] $2,500.
(b) For 15 years of service or more but less than 20 years, not more than [$2,500.] $4,000.
(c) For 20 years of service or more [,] but less than 25 years, not more than [$3,500.] $6,000.
(d) For 25 years of service or more, not more than $8,000.
κ1993 Statutes of Nevada, Page 590 (CHAPTER 257, AB 469)κ
The department may by regulation provide for additional sick and disability leave for long-term employees, and for prorated sick and disability leave for part-time employees.
2. An employee entitled to payment for unused sick leave pursuant to subsection 1 may elect to receive the payment in any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums pursuant to this subsection exceeds the amount which is payable for premiums for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.
3. Officers and members of the faculty of the University of Nevada System are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
[3.] 4. The department may by regulation provide policies concerning employees with mental or emotional disorders which : [will:]
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) [Retain] Proved for the retention of their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, [reemploy them] provide for their reemployment if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
[4.] 5. The director shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.
[5.] 6. The department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he is not entitled. If, after notice to the employee and a hearing, the commission determines that he has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.
Sec. 30. Sections 7, 8.5 and 31 of chapter 608, Statutes of Nevada 1991, at pages 1995, 1998 and 2007, respectively, are hereby amended to read respectively as follows:
Sec. 7. 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:
κ1993 Statutes of Nevada, Page 591 (CHAPTER 257, AB 469)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Acetaldehyde 75-07-0 2500
Acrolein (2-Propenal) 107-02-8 150
Acrytyl Chloride 814-68-6 250
Allyl Chloride 107-05-1 1000
Allylamine 107-11-9 1500
Alkylaluminums None 5000
Ammonia, Anhydrous 7664-41-7 5000
Ammonia solutions (44% ammonia by weight) 7664-41-7 10000
Ammonium Perchlorate 7790-98-9 7500
Ammonium Permanganate 7787-36-2 7500
Arsine (also called Arsenic Hydride) 7784-42-1 100
Bis(Chloromethyl) Ether 542-88-1 100
Boron Trichloride 10294-34-5 2500
Boron Trifluoride 7637-07-2 250
Bromine 7726-95-6 1500
Bromine Chloride 13863-41-7 1500
Bromine Pentafluoride 7789-30-2 2500
Bromine Trifluoride 7787-71-5 15000
3-Bromopropyne (also called Propargyle Bromide) 106-96-7 7500
Butyl Hydroperoxide (Tertiary) 75-91-2 5000
Butyl Perbenzoate (Tertiary) 614-45-9 7500
Carbonyl Chloride (see Phosgene) 75-44-5 100
Carbonyl Fluoride 353-50-4 2500
Cellulose Nitrate (concentration 12.6% Nitrogen) 9004-70-0 2500
Chlorine 7782-50-5 1500
Chlorine Dioxide 10049-04-4 1000
Chlorine pentafluoride 13637-63-3 1000
Chlorine Trifluoride 7790-91-2 1000
Chlorodiethylaluminum (also called Diethylaluminum Chloride 96-10-6 5000
1-Chloro-2, 4-Dinitrobenzene 97-00-7 5000
Chloromethyl Methyl Ether 107-30-2 500
Chloropicrin 76-06-2 500
Chloropicrin and Methyl Bromide mixture None 1500
Chloropicrin and Methyl Chloride mixture None 1500
Cumene Hydroperoxide 80-15-9 5000
Cyanogen 460-19-5 2500
Cyanogen Chloride 506-77-4 500
Cyanuric Fluoride 675-14-9 100
Diacetyl Peroxide (concentration 70%) 110-22-5 5000
κ1993 Statutes of Nevada, Page 592 (CHAPTER 257, AB 469)κ
Diacetyl Peroxide (concentration 70%) 110-22-5 5000
Diazomethane 334-88-3 500
Dibenzoyl Peroxide 94-36-0 7500
Diborane 19287-45-7 100
Dibutyl Peroxide (Tertiary) 110-05-4 5000
Dichloro Acetylene 7572-29-4 250
Dichlorosilane 4109-96-0 2500
Diethylzinc 557-20-0 10000
Diisopropyl peroxydicarbonate 105-64-8 7500
Dilauroyl Peroxide 105-74-8 7500
Dimethyl Sulfide 75-18-3 100
Dimethyldichlorosilane 75-78-5 1000
Dimethylhydrazine, 1.1- 57-14-7 1000
Dimethylamine, Anhydrous 124-40-3 2500
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone peroxide; concentration 60%) 1338-23-4 5000
Ethyl Nitrite 109-95-5 5000
Ethylamine 75-04-7 7500
Ethylene Fluorohydrin 371-62-0 100
Ethylene Oxide 75-21-8 5000
Ethyleneimine 151-56-4 1000
Fluorine 7782-41-4 1000
Formaldehyde (concentration 90%) 50-00-0 1000
Furan 110-00-9 500
Hexafluoroacetone 684-16-2 5000
Hydrochloric Acid, Anhydrous 7647-01-0 5000
Hydrofluoric Acid, Anhydrous 7664-39-3 1000
Hydrogen Bromide 10035-10-6 5000
Hydrogen Chloride 7647-01-0 5000
Hydrogen Cyanide, Anhydrous 75-90-8 1000
Hydrogen Fluoride 7664-39-3 1000
Hydrogen Peroxide (52% by weight or more) 7722-84-1 7500
Hydrogen Selenide 7783-07-5 150
Hydrogen Sulfide 7783-06-4 1500
Hydroxylamine 7803-49-8 2500
Iron, pentacarbonyl- 13463-40-6 250
Isopropyl Formate 625-55-8 500
Isopropylamine 75-31-0 5000
Ketene 463-51-4 100
Methacrylaldehyde 78-85-3 1000
Methacryloyl Chloride 920-46-7 150
Methacryloyloxyethyl Isocyanate 30674-80-7 100
Methyl Acrylonitrile 126-98-7 250
Methylamine, Anhydrous 74-89-5 1000
Methyl Bromide 74-83-9 2500
Methyl Chloride 74-87-3 15000
Methyl Chloroformate 79-22-1 500
κ1993 Statutes of Nevada, Page 593 (CHAPTER 257, AB 469)κ
Methyl Chloroformate 79-22-1 500
Methyl Disulfide 624-92-0 100
Methyl Ethyl Ketone Peroxide (concentration 60%) 1336-23-4 5000
Methyl Fluoroacetate 453-18-9 100
Methyl Fluorosulfate 421-20-5 100
Methyl Hydrazine 80-34-4 100
Methyl Iodide 74-88-4 7500
Methyl Isocyanate 624-83-9 250
Methyl Mercaptan 74-93-1 5000
Methyl Vinyl Ketone 79-84-4 100
Methyltrichlorosilane 75-79-6 500
Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150
Nitric Acid (94.5% by weight or greater) 7697-37-2 500
Nitric Oxide 10102-43-9 250
Nitroaniline (para Nitroaniline) 100-01-6 5000
Nitromethane 75-52-5 2500
Nitrogen Dioxide 10102-44-0 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3) 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen Peroxide) 10544-72-6 250
Nitrogen Trifluoride 7783-54-2 5000
Nitrogen Trioxide 10544-73-7 250
Oleum (65% to 80% by weight; also called Fuming Sulfuric Acid) 8014-94-7 1000
Osmium Tetroxide 20816-12-0 100
Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100
Ozone 10028-15-6 100
Pentaborane 19624-22-7 100
Peracetic Acid (also called Peroxyacetic Acid) 79-21-0 5000
Perchloric Acid (concentration 60%) 7601-90-3 5000
Perchloromethyl Mercaptan 594-42-3 150
Perchloryl Fluoride 7616-94-6 5000
Peroxyacetic Acid (concentration 60%; also called Peracetic Acid) 79-21-0 5000
Phosgene (also called Carbonyl Chloride) 75-44-5 100
Phosphine (Hydrogen Phosphide) 7803-51-2 100
Phosphorus Oxychloride (also called Phosphoryl Chloride) 10025-87-3 1000
Phosphorus Trichloride 7719-12-2 1000
Phosphoryl Chloride (also called Phosphorus Oxychloride) 10025-87-3 1000
Propargyl Bromide 106-96-7 7500
Propyl Nitrate 627-3-4 2500
κ1993 Statutes of Nevada, Page 594 (CHAPTER 257, AB 469)κ
Propyl Nitrate 627-3-4 2500
Sarin 107-44-8 100
Selenium Hexafluoride 7783-79-1 1000
Stibine (Antimony Hydride) 7803-52-3 500
Sulfur Dioxide (liquid) 7446-09-5 1000
Sulfur Pentafluoride 5714-22-7 250
Sulfur Tetrafluoride 7783-60-0 250
Sulfur Trioxide (also called Sulfuric Anhydride) 7446-11-9 1000
Sulfuric Anhydride (also called Sulfur Trioxide) 7446-11-9 1000
Tellurium Hexafluoride 7783-80-4 250
Tetrafluoroethylene 116-14-3 5000
Tetrafluorohydrazine 10036-47-2 5000
Tetramethyl Lead 75-74-1 7500
Thionyl Chloride 7719-09-7 250
Trichloro(chloromethyl) Silane 1558-25-4 100
Trichloro(dichlorophenyl) Silane 21737-85-5 2500
Trichlorosilane 10025-78-2 5000
Trifluorochloroethylene 79-38-9 10000
Trimethyoxysilane 2487-90-3 1500
2. The division, in consultation with the health division of the department of human resources and the division of enforcement for industrial safety and health of the department of industrial relations shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 8.5 1. The health division of the department of human resources, the division of enforcement for industrial safety and health of the department of industrial relations and any other governmental entity or agency of the state responsible for minimizing risks to persons and property posed by regulated facilities and hazardous substances shall submit to the division such reports as the division deems necessary to carry out the provisions of sections 2 to 34, inclusive, of this act. The reports must be submitted at such times and contain such information as required by the division.
2. The division shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and regulated facilities.
3. The division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the state responsible for minimizing risks to persons and property posed by regulated facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of sections 2 to 34, inclusive, of this act.
κ1993 Statutes of Nevada, Page 595 (CHAPTER 257, AB 469)κ
responsible for minimizing risks to persons and property posed by regulated facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of sections 2 to 34, inclusive, of this act.
4. If the division and any other governmental entity or agency of the state have coexisting jurisdiction over the regulation of regulated facilities or hazardous substances located at such facilities, the division has the final authority to take such actions as are necessary to carry out the provisions of sections 2 to 34, inclusive, of this act.
Sec. 31. 1. A committee shall conduct a comprehensive review and evaluation of the following with respect to each facility within its jurisdiction:
(a) The degree of compliance with sections 2 to 34, inclusive, of this act, the applicable fire codes, the regulations, standards and safety orders of the division of enforcement for industrial safety and health of the department of industrial relations, the rules, regulations and standards of the state environmental commission and any other standards adopted by the Federal Government, State of Nevada or local governments and their respective agencies for the health and safety of persons and property which may be at risk if those rules, regulations, standards, codes and safety orders are not complied with;
(b) The effectiveness of the respective governmental entities and their agencies enforcement of their respective rules, regulations, standards, codes and safety orders; and
(c) The adequacy and effectiveness of the plans for response to emergencies adopted for the area in which the facility is located in responding to risks posed to the persons and property located within the zone of risk.
2. A committee shall exercise its best efforts to facilitate cooperation among the various governmental entities and agencies responsible for minimizing risks to persons and property posed by the facility within its jurisdiction and the effective enforcement of the various governmental entities and agencies rules, regulations, standards, codes and safety orders. A committee shall cooperate to the extent necessary with other committees and governmental agencies to minimize the duplication of records, reports or other information.
3. A committee shall issue a final report of its comprehensive review and evaluation together with any recommendations. A committee shall make such interim reports as it or the governor may deem in the public interest. The division shall distribute the reports to the governor, members of the committee, local governments within the zone of risk, the various governmental agencies whose rules, regulations, standards, codes or safety orders were the subject of the committees review and evaluation, and the local media. Copies of the final written report must be made available to the public for purchase at cost of reproduction. All interim reports must be distributed forthwith in the same manner as annual written reports.
κ1993 Statutes of Nevada, Page 596 (CHAPTER 257, AB 469)κ
Sec. 31. 1. Section 7 of chapter 612, Statutes of Nevada 1991, at page 2020, is hereby amended to read as follows:
Sec. 7. NRS 445.700 is hereby amended to read as follows:
445.700 1. In areas of the state where and when a program is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of license for an authorized station or a fleet station ................................................................... $25
(b) For each set of 25 forms certifying emission control compliance [87.50].................................................................................... 150
(c) For each form issued to a fleet station.................. [3.50] 6
2. Except as otherwise provided in subsections 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at the authorized station.
4. The department of motor vehicles and public safety [may] shall by regulation establish a program to award grants of [excess] :
(a) Money in the pollution control account to agencies in a nonattainment area for carbon monoxide for programs related to the improvement of the quality of air. The amount of money granted must not exceed that portion of the money in the pollution control account that equals 1/6 of the amount received for each form issued pursuant to subsection 1.
(b) Excess money in the pollution control account to air pollution control agencies established pursuant to NRS 445.456 to 445.546. As used in this [subsection,] paragraph, excess money means the money in excess of $500,000 remaining in the pollution control [fund] account at the end of the fiscal year.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Renew and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445.630.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
κ1993 Statutes of Nevada, Page 597 (CHAPTER 257, AB 469)κ
2. Section 7.5 of chapter 612, Statutes of Nevada 1991, at page 2021, is hereby repealed.
Sec. 32. Section 45 of chapter 613, Statutes of Nevada 1991, at page 2031, is hereby amended to read as follows:
Sec. 45. NRS 685A.070 is hereby amended to read as follows:
685A.070 1. A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible [under] pursuant to this section.
2. No insurer is eligible for the acceptance of surplus lines risks [under] pursuant to this chapter unless it has surplus as to policyholders not less in amount than [$3,000,000] $5,000,000 and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established [under] pursuant to terms reasonably adequate for the protection of all of its policyholders in the United States of America in an amount of not less than $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of [a] :
(a) A group of individual unincorporated insurers, such a trust fund must be not less than [$50,000,000.] $100,000,000.
(b) A group of incorporated insurers under common administration, such a trust fund must not be less than $100,000,000. The group of incorporated insurers shall:
(1) Operate under the supervision of the Department of Trade and Industry of the United Kingdom;
(2) Possess aggregate policyholders surplus of $10,000,000,000, which must consist of money in trust in an amount not less than the assuming insurers liabilities attributable to insurance written in the United States; and
(3) Maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group.
(c) An insurance exchange created by the laws of a state, such a trust fund must not be less than $50,000,000. If an insurance exchange maintains money for the protection of all policyholders, each syndicate shall maintain minimum capital and surplus or the substantial equivalent thereof, of not less than $3,000,000. If the insurance exchange does not maintain money for the protection of all policyholders, each syndicate shall meet the minimum capital and surplus requirements stated in paragraph (a).
The commissioner may require larger trust funds than those set forth in this section if, in his judgment, the volume of business being transacted or proposed to be transacted warrants larger amounts.
3. No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.
κ1993 Statutes of Nevada, Page 598 (CHAPTER 257, AB 469)κ
4. The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. To be placed on the list, a surplus lines insurer must file an application with the commissioner. The application must be accompanied by a nonrefundable fee of $2,450. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer. The status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.
Sec. 33. Sections 1, 15 and 16 of chapter 641, Statutes of Nevada 1991, at pages 2109, 2115 and 2116, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of human resources is hereby created.
2. The department consists of a director and the following divisions:
(a) Aging services division.
(b) [Division for review of health resources and costs.
(c)] Health division.
[(d)] (c) Mental hygiene and mental retardation division.
[(e)] (d) Rehabilitation division.
[(f)] (e) Welfare division.
[(g)] (f) Division of child and family services.
3. The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.
Sec. 15. Section 25 of Assembly Bill No. 495 of this session is hereby amended to read as follows:
Sec. 25. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the division of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) The administrator of the rehabilitation division;
(4) The state welfare administrator; and
(5) The administrator of the division of child and family services.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, [422] 423 to 427A, inclusive, 432 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 422.070 to 422.410, inclusive, and section 16 of this act, and NRS 444.003 to 444.430, inclusive, and 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
κ1993 Statutes of Nevada, Page 599 (CHAPTER 257, AB 469)κ
not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those sections;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 16. 1. This section and sections 2 to 14, inclusive, of this act become effective on July 1, 1991.
2. Sections 1 and 15 of this act become effective at 12:01 a.m. on July 1, 1991.
Sec. 34. Section 5 of chapter 656, Statutes of Nevada 1991, at page 2169, is hereby amended to read as follows:
Sec. 5. NRS 377.055 is hereby amended to read as follows:
377.055 1. The department, shall monthly determine for each county an amount of money equal to the sum of:
(a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050; and
κ1993 Statutes of Nevada, Page 600 (CHAPTER 257, AB 469)κ
chapter during the preceding month, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050; and
(b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state , less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050, which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
2. The department shall apportion and the state controller shall remit the amount determined for each county in the following manner:
(a) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(b) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.
(c) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.
3. The provisions of subsection 2 do not apply to Carson City, where the treasurer shall deposit the entire amount determined for the city and received from the state controller in the general fund.
4. For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.
Sec. 35. Section 6 of chapter 658, Statutes of Nevada 1991, at page 2172, is hereby amended to read as follows:
Sec. 6. NRS 451.555 is hereby amended to read as follows:
451.555 1. Any person may:
(a) Make an anatomical gift for any of the purposes stated subsection 1 of NRS 451.560;
(b) Limit an anatomical gift to one or more of those purposes; or
(c) Refuse to make an anatomical gift.
2. Except as otherwise provided in subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:
(a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
(b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.
3. If the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed.
κ1993 Statutes of Nevada, Page 601 (CHAPTER 257, AB 469)κ
and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.
4. If a document of gift is [attached to or] imprinted on a donors drivers license or identification card, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.
5. A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
6. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
7. Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
8. Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
9. A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
10. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.
κ1993 Statutes of Nevada, Page 602 (CHAPTER 257, AB 469)κ
11. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donors death.
12. A person may refuse to make an anatomical gift of his body or part by:
(a) A writing signed in the same manner as a document of gift;
(b) A statement [attached to or] imprinted on his drivers license or identification card; or
(c) Any other writing used to identify him as refusing to make an anatomical gift.
During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
13. In the absence of contrary indications by the donor, anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.
14. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 12.
Sec. 36. Sections 8, 9 and 18 to 22, inclusive, of chapter 659, Statutes of Nevada 1991, at pages 2176, 2177 and 2181 to 2184, inclusive, are hereby amended to read respectively as follows:
Sec. 8. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $5,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $5,000.
(c) Except as otherwise provided in paragraph (1) in actions for a fine, penalty or forfeiture not exceeding $5,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $5,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $5,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $5,000.
κ1993 Statutes of Nevada, Page 603 (CHAPTER 257, AB 469)κ
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $5,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $5,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $5,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) [To issue] Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.
(n) In small claims actions under the provisions of chapter 73 of NRS.
(o) In actions to contest the validity of liens on mobile homes or manufactured homes.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 9. NRS 49.295 is hereby amended to read as follows:
49.295 1. Except as otherwise provided in subsections 2 and 3 and NRS 49.305:
(a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent.
(b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
κ1993 Statutes of Nevada, Page 604 (CHAPTER 257, AB 469)κ
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his competence;
(d) Proceeding in the juvenile court or family court pursuant to chapter 62 of NRS and NRS 432B.410 to 432B.590, inclusive; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport of a wife or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.
Sec. 18. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49 ...................................................................... $10
50 to 59 ...................................................................... 25
60 to 69 ...................................................................... 30
70 to 79 ...................................................................... 35
80 to 89 ...................................................................... 40
90 to 99 ...................................................................... 45
100 to 199 ...................................................................... 55
200 to 299 ...................................................................... 65
300 to 399 ...................................................................... 75
400 to 499 ...................................................................... 85
500 to 1,000 .................................................................. 100
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separated on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant.
κ1993 Statutes of Nevada, Page 605 (CHAPTER 257, AB 469)κ
defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessment in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special account in the municipal general fund for the use of the municipal courts.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
6. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special account in the county general fund for the use of the justices courts.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
7. The money apportioned to a juvenile court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court and to acquire a computer or the use of one.
8. Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:
κ1993 Statutes of Nevada, Page 606 (CHAPTER 257, AB 469)κ
(a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.
(5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The central repository for Nevada records of criminal history;
(2) The peace officers standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;
(3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and
(4) The fund for the compensation of victims of crime.
9. As used in this section, juvenile court means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
Sec. 19. NRS 210.010 is hereby amended to read as follows:
210.010 As used in NRS 210.010 to 210.290, inclusive:
1. Administrator means the administrator of the division of child and family services in the department of human resources.
2. Director means the director of the department of human resources.
3. Juvenile court means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
4. School means the Nevada youth training center . [, established and maintained for the care of minors adjudged delinquent and committed thereto.
4.] 5. Superintendent means the superintendent of the school.
[5.] 6. Youth parole bureau means the youth parole bureau of the division of child and family services in the department of human resources.
Sec. 20. NRS 210.400 is hereby amended to read as follows:
210.400 As used in NRS 210.400 to 210.715, inclusive:
κ1993 Statutes of Nevada, Page 607 (CHAPTER 257, AB 469)κ
1. Administrator means the administrator of the division of child and family services in the department of human resources.
2. Director means the director of the department of human resources.
3. Juvenile court means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
4. School means the Caliente youth center.
[4.] 5. Superintendent means the superintendent of the school.
[5.] 6. Youth parole bureau means the youth parole bureau of the division of child and family services in the department of human resources.
Sec. 21. NRS 213.230 is hereby amended to read as follows:
213.230 As used in NRS 213.220 to 213.290, inclusive, and section 1 of [this act:] chapter 330, Statutes of Nevada 1991:
1. Department means the department of human resources.
2. Juvenile court means [the juvenile court of any judicial district.] :
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
3. Special supervision program means a probation program meeting the standards prescribed pursuant to NRS 213.220 to 213.290, inclusive, for the rehabilitation of offenders who were less than 18 years of age at the time of violating any state law, which includes:
(a) A degree of supervision substantially above the usual; and
(b) The use of new techniques rather than routine supervision techniques.
Sec. 22. NRS 232.400 is hereby amended to read as follows:
232.400 1. The purposes of the division of child and family services in the department are to:
(a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.
(b) Aid in the preservation, rehabilitation and reunification of families.
(c) Ensure that children are placed in the least restrictive environment available which is appropriate to their needs.
(d) Provide services for youth who are in need of residential care or in need of treatment or both.
2. In accomplishing its purposes, the division shall:
(a) Establish and operate a central, comprehensive state system for:
(1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;
κ1993 Statutes of Nevada, Page 608 (CHAPTER 257, AB 469)κ
(2) The referral of children and families to appropriate services; and
(3) The management and monitoring of cases in which children and families are referred to multiple services.
(b) Provide services for the support of families to:
(1) Maintain the integrity of families;
(2) Ensure that children are not unnecessarily removed from their homes; and
(3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.
(c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.
(d) Work closely with other governmental agencies and with public and private agencies providing the same or similar services.
3. The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.
4. The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or have otherwise come into contact with law enforcement agencies. The administrator of the division [is responsible for observing and evaluating] shall observe and evaluate the success of those programs.
Sec. 37. 1. Sections 1, 3 and 14 of chapter 666, Statutes of Nevada 1991, at pages 2197, 2201 and 2207, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Filing initial application ..................................................... $2,450
(b) Issuance of certificate:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive ......................................................................... 283
(2) For two or more kinds of insurance as so defined [500].......................................................................................... 578
(3) For a reinsurer...................................................... [250] 283
(c) Each annual continuation of a certificate ..................... 2,450
(d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(e) Registration of additional title pursuant to NRS 680A.240 50
Annual renewal ................................................................... 25
κ1993 Statutes of Nevada, Page 609 (CHAPTER 257, AB 469)κ
2. Charter documents, other than those filed with application for certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document ................................................................... $10
3. Annual statement or report. For filing annual statement or report $25
4. Service of process:
(a) Filing of power of attorney ............................................... $5
(b) Acceptance of service of process .................................... 5
5. Agents licenses, appointments and renewals:
(a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:
(1) Application and license .............................................. $78
(2) Appointment by each insurer .................................... 5
(3) Triennial renewal of each license .............................. 78
(4) Temporary license ....................................................... 10
(b) Other nonresident agents:
(1) Application and license .............................................. 138
(2) Appointment by each insurer .................................... 25
(3) Triennial renewal of each license .............................. 138
6. Brokers licenses and renewals:
(a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:
(1) Application and license .............................................. $78
(2) Triennial renewal of each license .............................. 78
(b) Other nonresident brokers:
(1) Application and license .............................................. 258
(2) Triennial renewal of each license .............................. 258
(c) Surplus lines brokers:
(1) Application and license .............................................. 78
(2) Triennial renewal of each license .............................. 78
7. Solicitors licenses, appointments and renewals:
(a) Application and license ..................................................... $78
(b) Triennial renewal of each license .................................... 78
(c) Initial appointment ............................................................ 5
8. Managing general agents licenses, appointments and renewals:
(a) Resident managing general agents:
(1) Application and license .............................................. $78
(2) Initial appointment, each insurer .............................. 5
(3) Triennial renewal of each license .............................. 78
(b) Nonresident managing general agents:
(1) Application and license .............................................. 138
(2) Initial appointment, each insurer .............................. 25
(3) Triennial renewal of each license .............................. 138
9. Adjusters licenses and renewals:
(a) Independent and public adjusters:
(1) Application and license .............................................. $78
κ1993 Statutes of Nevada, Page 610 (CHAPTER 257, AB 469)κ
(2) Triennial renewal of each license .............................. 78
(b) Associate adjusters:
(1) Application and license .............................................. 78
(2) Initial appointment ..................................................... 5
(3) Triennial renewal of each license .............................. 78
10. Licenses and renewals for appraisers of physical damage to motor vehicles:
(a) Application and license ..................................................... $78
(b) Triennial renewal of each license .................................... 78
11. Additional title and property insurers pursuant to NRS 680A.240:
(a) Original registration .................................................. [$25] $50
(b) Annual renewal .................................................................. 25
12. Insurance vending machines:
(a) Application and license, for each machine ................... $78
(b) Triennial renewal of each license .................................... 78
13. Permit for solicitation for securities:
(a) Application for permit ....................................................... $100
(b) Extension of permit ........................................................... 50
14. Securities salesmen for domestic insurers:
(a) Application and license ..................................................... $25
(b) Annual renewal of license ................................................ 15
15. Rating organizations:
(a) Application and license ..................................................... $500
(b) Annual renewal .................................................................. 500
16. Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:
(a) Resident administrators:
(1) Application and certificate of registration .............. $78
(2) Triennial renewal ......................................................... 78
(b) Nonresident administrators:
(1) Application and certificate of registration .............. 138
(2) Triennial renewal ......................................................... 138
17. For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.
18. Certified copies of certificates of authority and licenses issued pursuant to the insurance code ..................................................... $10
19. For copies and amendments of documents on file in the department, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
20. Letter of clearance for an agent or broker ................. $5
21. Certificate of status as a licensed agent or broker .... $5
22. Licenses, appointments and renewals for bail agents:
(a) Application and license ..................................................... $78
(b) Initial appointment by each surety insurer ................... 5
(c) Triennial renewal of each license .................................... 78
23. Licenses and renewals for property bondsmen:
κ1993 Statutes of Nevada, Page 611 (CHAPTER 257, AB 469)κ
(a) Application and license ................................................. $78
(b) Triennial renewal of each license .................................... 78
24. Licenses, appointments and renewals for general bail agents:
(a) Application and license ................................................. $78
(b) Initial appointment by each insurer ............................... 5
(c) Triennial renewal of each license .................................... 78
25. Licenses and renewals for bail solicitors:
(a) Application and license ................................................. $78
(b) Triennial renewal of each license .................................... 78
26. Licenses and renewals for title agents and escrow officers:
(a) Resident title agents and escrow officers:
(1) Application and license ........................................... $78
(2) Triennial renewal of each license .............................. 78
(b) Nonresident title agents and escrow officers:
(1) Application and license .............................................. 138
(2) Triennial renewal of each license .............................. 138
(c) Change in name or location of business or in association 10
27. Certificate of authority and renewal for a seller of prepaid funeral contracts ............................................................................................ $78
28. Licenses and renewals for agents for prepaid funeral contracts:
(a) Resident agents:
(1) Application and license .............................................. $78
(2) Triennial renewal of each license .............................. 78
(b) Nonresident agents:
(1) Application and license .............................................. 138
(2) Triennial renewal of each license .............................. 138
29. Licenses, appointments and renewals for agents for fraternal benefit societies:
(a) Resident agents:
(1) Application and license .............................................. $78
(2) Appointment ................................................................ 5
(3) Triennial renewal of each license .............................. 78
(b) Nonresident agents:
(1) Application and license .............................................. 138
(2) Triennial renewal of each license .............................. 138
30. Surplus lines:
(a) Filing of affidavit pursuant to NRS 685A.050 ............. $25
(b) Filing of memorandum pursuant to NRS 685A.060 ... 25
(c) Filing of amendment to the memorandum when additional premium is reported .............................................................................................. 10
31. Agents for and sellers of prepaid burial contracts:
(a) Resident agents and sellers:
(1) Application and certificate or license ....................... $78
(2) Triennial renewal ......................................................... 78
(b) Nonresident agents and sellers:
κ1993 Statutes of Nevada, Page 612 (CHAPTER 257, AB 469)κ
(1) Application and certificate or license ....................... 138
(2) Triennial renewal ......................................................... 138
32. For the initial registration and review of an application of a risk retention group ................................................................................. $2,450
33. Required filing of forms:
(a) For rates and policies ......................................................... $25
(b) For riders and endorsements ............................................ 10
Sec. 3. NRS 683A.450 is hereby amended to read as follows:
683A.450 1. In addition to [provisions therefor under other] any other authority conferred upon him by the provisions of this chapter, the commissioner may suspend for not more than 12 months, or may revoke, limit or refuse to continue any license issued [under] pursuant to this chapter or any surplus lines brokers license if, after notice to the licensee [and to the insurer represented (as to] , each insurer the licensee represents as an agent or managing general agent [), to the employer (as to a solicitor),] and each person by whom the licensee is employed as a solicitor, and upon a hearing [(unless] , unless the hearing is waived pursuant to NRS 683A.460 , [),] he finds that as to the licensee any one or more of the following causes exist:
(a) For any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner.
(b) For willful violation of or willful noncompliance with any applicable provision of this code, or for willful violation of any lawful rule, regulation or order of the commissioner.
(c) For an intentional material misstatement in an application for a license or in connection therewith.
(d) For obtaining or attempting to obtain any such license by fraud or willful misrepresentation.
(e) For misappropriation or conversion to his own use, or illegal withholding, of money belonging to policyholders, insurers, beneficiaries or others and received in the conduct of business under the license.
(f) For a material misrepresentation of the terms of any existing or proposed insurance contract.
(g) If in the conduct of his affairs under the license the licensee has used fraudulent, coercive or dishonest practices, or has shown himself to be incompetent, untrustworthy, financially irresponsible or a source of injury and loss to the public.
(h) For aiding, abetting or assisting another person to violate any of the provisions of this code.
2. The commissioner shall [promptly revoke the license of:
(a) Any] :
(a) Revoke the license of any licensed resident agent or resident broker who establishes his residence in another state [.
(b) Any] , 60 days after the establishment of such residence.
(b) Immediately revoke the license of any licensee convicted by final judgment of a felony involving moral turpitude.
3. If a licensee changes his address without written notice to the commissioner, and the commissioner after diligent effort is unable to locate the licensee, the commissioner may revoke the license without a hearing.
κ1993 Statutes of Nevada, Page 613 (CHAPTER 257, AB 469)κ
locate the licensee, the commissioner may revoke the license without a hearing. If the commissioner mails a letter by certified mail, with return receipt requested, addressed to the licensee at his address last of record with the department, and the letter is returned to the commissioner undelivered, such mailing shall be deemed an adequate effort by the commissioner to locate the licensee.
4. The license of a firm or corporation may be suspended, revoked or refused also for any of such causes as relate to any natural person designated in or registered as to the license to exercise its powers.
5. In addition to or in lieu of suspension, revocation or refusal to continue any such license for any of the causes specified in subsection 1, the commissioner may impose an administrative fine upon the licensee of not less than $25 [nor] or more than $500. The order levying the fine must specify the date, not less than 15 days [nor] or more than 30 days after the date of the order, before which the fine must be paid. Upon failure of [payment of] the licensee to pay the fine when due, the commissioner shall [promptly] immediately revoke the licenses of the licensee and the fine must be recovered in a civil action brought in behalf of the commissioner by the attorney general. The commissioner shall [promptly] immediately deposit all such fines collected with the state treasurer.
Sec. 14. NRS 696A.185 is hereby amended to read as follows:
696A.185 1. Every motor club shall file with the commissioner on or before March 1 of each year a report which summarizes its activities for the preceding calendar year. The report must be verified by at least two officers of the motor club.
2. The report must be on a form prescribed by the commissioner and must include:
(a) A financial statement for the motor club, including its balance sheet and receipts and disbursements for the preceding [year, certified by an independent certified public accountant;] calendar year;
(b) Any material changes in the information given in the previous report;
(c) The number of members enrolled in the year;
(d) The costs of all services provided for that year; and
(e) Any other information relating to the motor club requested by the commissioner.
3. The motor club must pay to the commissioner an annual fee of $500.
4. Every motor club shall file with the commissioner on or before June 1 of each year a financial statement of the motor club certified by an independent public accountant.
5. Any motor club failing, without just cause beyond its reasonable control, to file timely the report or financial statement required by this section shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The attorney general shall recover the penalty in the name of the State of Nevada.
6. A motor club is not exempt from the provisions of NRS 679B.158.
κ1993 Statutes of Nevada, Page 614 (CHAPTER 257, AB 469)κ
2. Sections 10 and 13 of chapter 666, Statutes of Nevada 1991, at pages 2205 and 2207, respectively, are hereby repealed.
Sec. 38. Section 34 of chapter 675, Statutes of Nevada 1991, at page 2226, is hereby amended to read as follows:
Sec. 34. NRS 306.015 is hereby amended to read as follows:
306.015 1. [Whenever] Before a petition [for the purpose of recalling any] to recall a public officer is [to be] circulated, the persons proposing to circulate the petition shall file a notice of intent with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy pursuant to NRS 293.185, 293.620 or 293.640.
2. The notice of intent:
(a) Must be signed by three registered voters who actually voted in the state or in the county, district or municipality electing the officer at the last preceding general election.
(b) Must be verified before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the verification of signatures is completed pursuant to NRS 293.1276 to 293.1279, inclusive.
3. The persons filing the notice of intent shall, if they believe the required signatures to be sufficient, submit the petition to the county clerk pursuant to NRS 306.035 within 60 days after the date on which the notice of intent was filed. Copies of the petition are not valid for any subsequent petition.
4. The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy.
5. If the persons filing the notice of intent do not submit the petition to the county clerk for the verification of the signatures thereon, they shall file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy within 60 days after the date on which the notice of intent was filed. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.
6. Any person who signs a petition to recall any public officer may remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.
Sec. 39. Section 3 of chapter 681, Statutes of Nevada 1991, at page 2252, is hereby amended to read as follows:
Sec. 3. NRS 232.250 is hereby amended to read as follows:
232.250 The director:
1. Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. The director shall consult the state fire marshals advisory board and appoint the state fire marshal from the list of candidates presented by the board.
κ1993 Statutes of Nevada, Page 615 (CHAPTER 257, AB 469)κ
the state fire marshal from the list of candidates presented by the board. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.
2. Is responsible for the administration through the divisions of the department of the provisions of Titles 55 and 56 of NRS, chapters 319, 599B and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division of the department for the purpose of budget administration or for the performance of any duty or the exercise of any power with respect to the division.
3. May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.
4. For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
5. May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as so provided, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.
Sec. 40. Section 3 of chapter 684, Statutes of Nevada 1991, at page 2254, is hereby amended to read as follows:
Sec. 3. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 41. Sections 4 and 36 of chapter 698, Statutes of Nevada 1991, at pages 2300 and 2308, respectively, are hereby amended to read respectively as follows:
Sec. 4. Bureau means the bureau of services of child care of the division of child and family services of the department.
Sec. 36. NRS 432A.020 is hereby amended to read as follows:
432A.020 [For purposes of this chapter:
1. Board means the board for child care.
κ1993 Statutes of Nevada, Page 616 (CHAPTER 257, AB 469)κ
2. Bureau means the bureau of services for child care of the division of child and family services of the department.
3. Chief means the chief of the bureau.
4. Child care facility means an establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, for compensation, to five or more children under 18 years of age. Child care facility does not include:
(a) The home of a natural parent or guardian, foster home as defined in chapter 424 of NRS or maternity home; or
(b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility.
5. Department means the department of human resources.
6. Director means the director of the department.] As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 42. Section 23 of chapter 700, Statutes of Nevada 1991, at page 2321, is hereby amended to read as follows:
Sec. 23. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration , [or ownership,] decal or number plate is issued, the following fees must be paid:
For a certificate of registration [or ownership] ............... $5.00
For every substitute number plate or set of plates ......... 5.00
For every duplicate number plate or set of plates ......... 10.00
For every decal displaying a county name ..................... .50
For every other decal (license plate sticker or tab) ........ 5.00
2. [A fee of $10 must be paid for a duplicate plate or set of plates if a special plate was issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.375, 482.376, 482.378 or 482.380 or section 1 of chapter 114, Statutes of Nevada 1991. A fee must not be charged for a duplicate plate or set of plates issued under NRS 482.368, 482.370, 482.373 or 482.374.] The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3814, inclusive, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825, a fee equal to that established by the director for the issuance of such plates.
3. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
κ1993 Statutes of Nevada, Page 617 (CHAPTER 257, AB 469)κ
credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
4. For purposes of this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the [prior] previously issued plate or set.
Sec. 43. Section 2 of chapter 704, Statutes of Nevada 1991, at page 2327, is hereby amended to read as follows:
Sec. 2. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other government body of each incorporated city in the State of Nevada, whether organized under general law or special charter, may:
(a) Except as otherwise provide in section 13.5 of chapter 19, Statutes of Nevada 1991, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) Assign the proceeds of any one or more such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
(c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general obligations issued by the city for a purpose authorized by the City Bond Law, NRS 268.672 to 267.740, inclusive.
(d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:
(1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the City Bond Law, NRS 268.672 to 268.740, inclusive.
κ1993 Statutes of Nevada, Page 618 (CHAPTER 257, AB 469)κ
(2) For the expense of operating or maintaining, or both, any facilities of the city; and
(3) For any other purpose for which other money of the city may be used.
2. The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as pledged revenues for the purposes of NRS 350.020.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of sections 2 to 33, inclusive, of [this act.] chapter 727, Statutes of Nevada 1991. The city licensing agency shall provide upon request an application for a business license pursuant to sections 2 to 33, inclusive, of [this act.
3.] chapter 727, Statutes of Nevada 1991.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
[4.] 5. Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
[5.] 6. The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
κ1993 Statutes of Nevada, Page 619 (CHAPTER 257, AB 469)κ
recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
[6.] 7. The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 44. Sections 1, 8, 9 and 27 of chapter 706, Statutes of Nevada 1991, at pages 2331, 2333 and 2344, are hereby amended to read respectively as follows:
Section 1. NRS 439A.106 is hereby amended to read as follows:
439A.106 1. The department shall prepare quarterly and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The listing must include information regarding each hospitals average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.
2. The department shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the department may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information disclosed to the agency by the department pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.
3. The department shall report [annually] quarterly to the legislative committee on health care [on or before December 1] regarding the effects of legislation on the costs of health care and on the manner of its provision.
4. As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 8. NRS 439B.010 is hereby amended to read as follows:
439B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 439B.030 to 439B.150, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.
Sec. 9. NRS 449.510 is hereby amended to read as follows:
449.510 1. The director shall prepare and file such summaries, compilations or other supplementary reports based on the information filed with him [under] pursuant to NRS 449.450 to 449.530, inclusive, as will advance the purposes of those sections. All such summaries, compilations and reports are open to public inspection, must be made available to requesting agencies and must be prepared within a reasonable time following the end of each institutions fiscal year or more frequently as specified by the director.
κ1993 Statutes of Nevada, Page 620 (CHAPTER 257, AB 469)κ
frequently as specified by the director. The summaries, compilations and reports must include information regarding each hospitals average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.
2. The director shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the director may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information disclosed to the agency by the director pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.
3. As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 27. 1. This section and sections 2, 3, 4, 5, 6, 7, 8.5 to 12, inclusive, and 16 to 26, inclusive, of this act become effective on July 1, 1991.
2. Sections 1 and 8 of this act become effective at 12:01 a.m. on July 1, 1991.
3. Sections 13, 14 and 15 of this act become effective on September 30, 1991.
4. Section 4.5 of this act becomes effective upon confirmation by the Federal Government that the deductibles and copayments which a hospital is prohibited from collecting from a patient pursuant to that section are deemed uncollectible for the purposes of federal law.
5. Sections 13, 14 and 15 of this act expire by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in section 15 of this act from the revenue available for that purpose.
6. Section 16 of this act expires by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in that section from the revenue available for that purpose.
Sec. 45. Section 4 of chapter 710, Statutes of Nevada 1991, at page 2353, is hereby amended to read as follows:
Sec. 4. NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, [and] section 2 of [this act] chapter 705, Statutes of Nevada 1991, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 46. Sections 70, 79, 110 and 126 of chapter 723, Statutes of Nevada 1991, at pages 2414, 2419, 2433 and 2441, respectively, are hereby amended to read respectively as follows:
Sec. 70. NRS 616.427 is hereby amended to read as follows:
616.427 Except as otherwise provided in NRS 616.428:
1. If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
κ1993 Statutes of Nevada, Page 621 (CHAPTER 257, AB 469)κ
and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, [no condition may be considered] a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment [in the form most recently published and supplemented before January 1, 1986.] as adopted and supplemented by the department. The department shall adopt regulations incorporating the American Medical Associations Guides to the Evaluation of Permanent Impairment by reference and may amend such regulations from time to time as it deems necessary. In adopting the Guides to the Evaluation of Permanent Impairment, the department shall consider the edition most recently published by the American Medical Association.
4. To qualify under this section for reimbursement from the subsequent injury fund, the insurer must establish by written records that the employer had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
5. An insurer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.
6. The [director shall by regulation establish a procedure by which] administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund . [must be submitted and decisions made.] The administrator shall notify the insurer of his decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.
Sec. 79. NRS 616.560 is hereby amended to read as follows:
616.560 1. When an employee coming under the provisions of this chapter receives an injury for which compensation is payable under this chapter and which [injury] was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
κ1993 Statutes of Nevada, Page 622 (CHAPTER 257, AB 469)κ
legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
(a) The injured employee, or in case of death, his dependents, may take proceedings against that person to recover damages, but the amount of the compensation to which the injured employee or his dependents are entitled under this chapter, including any future compensation under this chapter, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employees injury.
(b) If the injured employee, or in case of death his dependents, receive compensation under this chapter, the insurer , or in case of claims involving the uninsured employers claim fund or the subsequent injury fund, the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor. In any action or proceedings taken by the insurer or the administrator under this section , evidence of the amount of compensation, accident benefits and other expenditures which the insurer [has] , the uninsured employers claim fund or the subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than [the amounts it has paid or become obligated to pay as compensation,] those amounts, the excess must be paid to the injured employee or his dependents.
(c) The injured employee, or in case of death his dependents, shall first notify the insurer , or in the case of claims involving the uninsured employers claim fund or subsequent injury fund the administrator, in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.
2. In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 1, the insurer or the administrator has a lien upon the total proceed of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employees injury.
3. The lien provided for under subsection 2, includes the total compensation expenditure incurred by the insurer, the uninsured employers claim fund or the subsequent injury fund for the injured employee and his dependents.
4. Within 15 days of the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise, the injured employee or his representative shall notify the insurer , or in the case of claims involving the uninsured employers claim fund or subsequent injury fund the administrator, of [such] the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of total recovery.
κ1993 Statutes of Nevada, Page 623 (CHAPTER 257, AB 469)κ
insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of total recovery.
5. In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury shall receive proof of the amount of all payments made or to be made by the insurer [.] or the administrator. The court shall instruct the jury substantially as follows:
[(a)]
Payment of workmens compensation benefits by the insurer , or in the case of claims involving the uninsured employers claim fund or subsequent injury fund the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer , [or] the insurer or the administrator any amount paid to him or paid on his behalf by his employer , [or by] the insurer [; and
(b) ] or the administrator.
If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the courts instructions on damages and return your verdict in the plaintiffs favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.
6. For the purposes of calculating an employers premium, the employers fund with the system must be credited with an amount equal to that recovered by the system from a third-party pursuant to this section, less the systems share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employees claim.
Sec. 110. NRS 618.345 is hereby amended to read as follows:
618.345 1. The division of preventative safety of the department of industrial relations shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the department, cover all employments.
2. To carry out the provisions of subsection 1, the division of preventative safety may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.
3. [Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of five or more employees must be reported by the employer orally or in writing to the nearest office of the division within 48 hours after the accident has occurred.
4.] An industrial insurer shall provide to the division of preventative safety a monthly report indicating the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month.
κ1993 Statutes of Nevada, Page 624 (CHAPTER 257, AB 469)κ
employees in the preceding month. The report must identify the employer and be sorted according to the employers Standard Industrial Classification or his classification for the purposes of industrial insurance. The division of preventative safety shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, industrial insurer has the meaning ascribed to the term insurer in NRS 616.1103.
[5. All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.
6. The division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.
7. Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the division.]
Sec. 126. 1. This section and sections 1 to 17, inclusive, 19 to 27, inclusive, 29 to 47, inclusive, 49 to 54, inclusive, 56, 59, 61 to 64, inclusive, 66 to 69, inclusive, 71, 73, 74, 76 to 82, inclusive, 84, 87 to 109, inclusive, and 111 to 125.6, inclusive, of this act become effective upon passage and approval.
2. Section 70 of this act becomes effective at 12:02 a.m. on July 1, 1991.
3. Section 110 of this act becomes effective on July 6, 1991.
4. Section 18 of this act becomes effective on October 1, 1991.
5. Sections 28, 57, 60, 65, 72 and 83 become effective on July 1, 1992.
6. Sections 58, 75, 85 and 86 of this act become effective on March 1, 1993.
Sec. 47. Sections 3 and 4 of chapter 726, Statutes of Nevada 1991, at page 2446, are hereby repealed.
Sec. 48. Sections 42, 44, 45 and 46 of chapter 727, Statutes of Nevada 1991, at pages 2466 and 2469, are hereby amended to read respectively as follows:
Sec. 42. Section 1 of chapter 184, Statutes of Nevada 1991, is hereby amended to read as follows:
Section 1. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding [under] pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.
κ1993 Statutes of Nevada, Page 625 (CHAPTER 257, AB 469)κ
employing unit is not entitled to information from the records of the employment security department for any other purpose.
3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to:
(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices;
(b) Any state or local agency for the enforcement of child support; or
(c) The Internal Revenue Service of the Department of the Treasury.
Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer to the commission on economic development for its use in developing and diversifying the economic interests of this state.
5. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipients rights to further benefits [under] pursuant to this chapter.
6. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.
7. The executive director shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The executive director may charge a reasonable fee to cover any related administrative expenses.
κ1993 Statutes of Nevada, Page 626 (CHAPTER 257, AB 469)κ
charge a reasonable fee to cover any related administrative expenses.
8. The manager of the state industrial insurance system may submit to the executive director a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the employment security department regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the executive director and must contain the social security number of each such person. Upon receipt of such a request, the executive director shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The executive director shall charge a reasonable fee to cover any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.
9. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
[9.] 10. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits [under] pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.
[10.] 11. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 44. Section 90 of Assembly Bill No. 655 of this session is hereby amended to read as follows:
Sec. 90. NRS 78.160 is hereby amended to read as follows:
78.160 Each corporation organized pursuant to the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
κ1993 Statutes of Nevada, Page 627 (CHAPTER 257, AB 469)κ
1. File a list of its [officers and directors and a designation of its resident agent. The address of the resident agent must be the same as that of the principal office.] president, secretary, treasurer and all of its directors.
2. Pay to the secretary of state a fee of $85.
[3. File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.]
Sec. 45. Section 134 of Assembly Bill No. 655 of this session is hereby amended to read as follows:
Sec. 134. NRS 80.130 is hereby amended to read as follows:
80.130 Each foreign corporation coming into this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state:
1. File a list of its [officers] president, secretary, treasurer and all of its directors and a designation of its resident agent. The address of the resident agent must be the same as that of the [principal] registered office.
2. Pay to the secretary of state a fee therefor of $85.
Sec. 46. Section 334.5 of Assembly Bill No. 655 of this session is hereby amended to read as follows:
Sec. 334.5. NRS 89.090 is hereby amended to read as follows:
89.090 1. Each professional corporation shall, on or before the last day of the month in which the anniversary date of its incorporation occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in the corporation and shall certify that all stockholders [,] who are natural persons and all directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state. The statement must be made on a form prescribed by the secretary of state, but must not contain any fiscal or other information except that expressly called for by this section. The statement must be signed by the president or vice president of the corporation. The statement is in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.
2. Upon filing the statement, the professional corporation shall pay to the secretary of state a fee of $85. For default there must be added to the amount of the fee a penalty of $15.
Sec. 49. 1. Section 1 of chapter 728, Statutes of Nevada 1991, at page 2470, is hereby amended to read as follows:
Section 1. NRS 625.330 is hereby amended to read as follows:
625.330 1. A professional land surveyor may practice land surveying and prepare [maps,] :
(a) Maps, plats, reports [,] and descriptions ; and
(b) Grading and drainage plans for residential subdivisions containing four lots or less,
or other documentary evidence in connection therewith.
κ1993 Statutes of Nevada, Page 628 (CHAPTER 257, AB 469)κ
2. Every map, plat, report, drawing, description , grading and drainage plan or other document issued by a professional land surveyor must be signed by him, endorsed with his certificate number, dated and stamped with his seal or rubber stamp, whenever the map, plat, report, drawing, description , grading and drainage plan or other document is filed as a public record, filed with any public authority or delivered as a formal or final document.
3. It is unlawful for a professional land surveyor to sign, stamp or seal any map, plat, report, description , grading and drainage plan or other document relating to land surveying which was not prepared by him or for which he did not have the responsible charge of the work.
4. It is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the professional land surveyor named on the seal has expired or has been suspended or revoked, unless his certificate has been renewed or reissued.
2. Chapter 728, Statutes of Nevada 1991, at page 2470, is hereby amended by adding a new section, designated as section 2, immediately following section 1, to read as follows:
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1991.
Sec. 50. This act becomes effective upon passage and approval.
________
Senate Bill No. 222 — Committee on Finance
CHAPTER 258
AN ACT relating to vehicles; increasing certain fees for a license to act as a salesman of vehicles, trailers or semitrailers; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.362 is hereby amended to read as follows:
482.362 1. A person shall not engage in the activity of a salesman of vehicles, trailers or semitrailers in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
κ1993 Statutes of Nevada, Page 629 (CHAPTER 258, SB 222)κ
(d) Payment of a nonrefundable license fee of [$48.] $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of [$10.] $40.
(e) For initial licensure, the applicant to submit a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.
(f) Any other information the department deems necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
3. A license to act as a salesman of vehicles, trailers or semitrailers issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.
4. An application for a salesmans license may be denied and a salesmans license may be suspended or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a gross misdemeanor.
(d) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(e) Falsification of the application.
(f) Any reason determined by the director to be in the best interests of the public.
5. A salesman of vehicles shall not engage in any sales activity other than for the account of or for and in behalf of a single employer, who must be a licensed dealer, lessor or rebuilder.
6. If an application for a salesmans license has been denied, the applicant may reapply [after] not less than 6 months after the denial.
7. A salesmans license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom [he] the salesman is licensed to sell vehicles.
8. If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of [$5] $20 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesmans license to the employer.
9. If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days.
10. A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of his employment within 10 days following the date of termination by forwarding the salesmans license to the department.
κ1993 Statutes of Nevada, Page 630 (CHAPTER 258, SB 222)κ
11. Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.
Sec. 2. This act becomes effective on July 1, 1993.
________
Senate Bill No. 246 — Committee on Commerce and Labor
CHAPTER 259
AN ACT relating to pharmacy; making various changes concerning the practice of pharmacy and the state board of pharmacy; prohibiting a person from unlawfully obtaining or attempting to take or obtain a controlled substance or a prescription for such a substance from certain persons; removing certain substances from the statutory schedule of poisons; providing a penalty; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Intern pharmacist means a person registered with and certified by the board as an intern pharmacist pursuant to NRS 639.137.
Sec. 3. The board is entitled to an award of the reasonable costs and attorneys fees incurred by the board in:
1. The enforcement of a subpena issued by the board if an order compelling compliance with the subpena was entered by a court; and
2. Any other proceeding before a court for the enforcement of the provisions of this chapter.
Sec. 4. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 2 of this act have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
Sec. 5. NRS 639.009 is hereby amended to read as follows:
639.009 Manufacturer means a person [, other than a registered pharmacist practicing in a licensed pharmacy,] who derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug or medicine [,] or who repackages any drug or medicine for the purpose of resale . [, or produces or makes any hypodermic or prophylactic device.]
Sec. 6. NRS 639.070 is hereby amended to read as follows:
639.070 1. The board may:
(a) Adopt such regulations, not inconsistent with the laws of this state, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
(b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription by posted in the pharmacies and be given on the telephone to persons requesting such information.
κ1993 Statutes of Nevada, Page 631 (CHAPTER 259, SB 246)κ
pharmacies and be given on the telephone to persons requesting such information.
(c) Adopt regulations, not inconsistent with the laws of this state, authorizing the secretary to issue certificates, licenses and permits required by chapters 453 and 454 of NRS and this chapter.
(d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.
(e) Regulate the practice of pharmacy.
(f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.
(g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including but not limited to, requirements relating to:
(1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;
(2) Drugs stored in hospitals; and
(3) Drugs stored for the purpose of wholesale distribution.
(h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.
(i) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
(j) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
(k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of chapter 454 of NRS and this chapter.
(m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.
(n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.
(o) Participate in and expend money for programs that enhance the practice of pharmacy.
2. This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
Sec. 7. NRS 639.137 is hereby amended to read as follows:
639.137 1. Any person who is not a registered pharmacist, but who is employed in this state for the purpose of fulfilling the requirements of subsection 4 of NRS 639.120 to become eligible for registration as a pharmacist, shall register with the board as an intern pharmacist. An applicant, to be eligible for registration as an intern pharmacist, must have completed a minimum of 1 year in a college of pharmacy or a department of pharmacy of a university approved by the board or be a graduate of a foreign school and pass an examination for foreign graduates approved by the board. The application must be made on a form furnished by the board.
κ1993 Statutes of Nevada, Page 632 (CHAPTER 259, SB 246)κ
2. The secretary of the board, upon approval of the application, shall issue a [letter certifying] certificate authorizing the applicant [as eligible] to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist. The [certificate is valid for not more than 4 years from the date of issue and] certificate authorizes the holder , [to perform the duties set forth in NRS 639.125] if acting under the direct and immediate supervision of a registered pharmacist [. The name of the pharmacist must appear on the certificate. The pharmacist shall indicate on the application for certification a willingness to accept the responsibility for training and for all work performed by the applicant for registration as an intern pharmacist.] , to perform the duties of a registered pharmacist and to perform other activities as authorized by regulation of the board. The certificate must not be valid for more than 4 years from the date of issue.
3. The [certification] certificate must be posted as required by NRS 639.150.
4. Any [certification] certificate issued pursuant to the provisions of this section may be suspended, terminated or revoked by the board for:
(a) Any reason set forth in this chapter as grounds for the suspension or revocation of any certificate, license or permit; or
(b) The failure of the registered pharmacist whose name appears on the [certification] certificate to provide adequate training and supervision for the intern pharmacist in compliance with regulations adopted by the board.
Sec. 8. NRS 639.150 is hereby amended to read as follows:
639.150 1. The holder of a certificate of registration or a [certification] certificate as an intern pharmacist, a license or a permit granted pursuant to the provisions of this chapter shall display the certificate, license or permit, and the current renewal receipt thereof, in the pharmacy conducted by him or in which he is employed in a place where it may be clearly read by the public.
2. A registered pharmacist who is employed or who practices in more than one pharmacy shall post his original certificate of registration and the current renewal receipt in the pharmacy in which he is primarily employed, in compliance with the provisions of subsection 1, and shall post an 8-inch by 10-inch photocopy of his certificate of registration and the current renewal receipt in every other pharmacy in which he practices on either a part-time or temporary basis.
3. An institutional pharmacy that serves a majority of inpatients shall display certificates, licenses and permits in accordance with regulations adopted by the board.
Sec. 9. NRS 639.220 is hereby amended to read as follows:
639.220 1. Except as otherwise provided in NRS 639.2324, 639.2326 and 639.2327 , each pharmacy must be managed by a registered pharmacist, approved by the board, who is responsible for compliance by the pharmacy and its personnel with all state and federal laws and regulations relating to the operation of the pharmacy and the practice of pharmacy.
2. Except as otherwise provided in NRS 639.2321, if the managing pharmacist is the only registered pharmacist employed in the pharmacy, the board may authorize his absence each day for a total period of not to exceed 2 hours for the purpose of taking meals if:
(a) A registered pharmacist is on call during his absence;
κ1993 Statutes of Nevada, Page 633 (CHAPTER 259, SB 246)κ
(b) A sign, as prescribed by regulations of the board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of his absence; and
(c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the board.
The authorization required from the board must be in writing and be retained in the pharmacy and available for inspection.
3. Except as otherwise provided in this subsection:
(a) A person shall not act as a managing pharmacist for more than one licensed pharmacy.
(b) Each managing pharmacist [must] shall be on duty in the pharmacy and active in the management of the pharmacy full time, but he need not be present during the time the pharmacy is open for business if he designates another pharmacist employed in the pharmacy to assume his duties in his absence.
(c) The managing pharmacist is responsible for the activities of his designee.
A waiver from the limitation set forth in paragraph (a) may be granted by the board to the managing pharmacist of a pharmacy located in a hospital with fewer than 100 beds or in a correctional institution housing fewer than 1,500 inmates.
4. The board must be notified before there is a change in the managing pharmacist.
Sec. 10. NRS 639.230 is hereby amended to read as follows:
639.230 1. A pharmacy or a person operating as a pharmacy shall not use the word drug or drugs, prescription or pharmacy, or similar words or words of similar import, without first having secured a license from the board.
2. Each license must be issued to a specific person and for a specific location and is not transferable. The original license must show the name of the owner and the name of the managing pharmacist and be displayed on the licensed premises as provided in NRS 639.150. If the owner is a partnership or corporation, the names of the partners or officers must also be shown. Any change of partners or corporate officers must be immediately reported to the board. The original license and the fee required for reissuance of a license must be submitted to the board before the reissuance of the license.
3. Every person holding a license to operate a pharmacy shall:
(a) Satisfy the board that the pharmacy is conducted according to law.
(b) Submit to the secretary of the board the application for renewal of the license and the renewal fee on or before the expiration date of the license.
4. Upon receipt of the renewal fee, the secretary of the board shall register the pharmacy and furnish the manager or proprietor with a receipt valid through [June 30] October 31 of the next even-numbered year.
5. If the application for renewal and the renewal fee are not postmarked on or before the expiration date of the license, the registration is automatically forfeited.
6. Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the board.
κ1993 Statutes of Nevada, Page 634 (CHAPTER 259, SB 246)κ
managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the board.
Sec. 11. NRS 639.235 is hereby amended to read as follows:
639.235 1. No person other than a practitioner holding a currently valid license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a [physician] person not licensed to practice in this state but authorized by the laws of another state to prescribe shall be deemed to be a legal prescription.
2. If a prescription, written by a [physician] person not licensed to practice in this state [,] but authorized by the laws of another state to prescribe, calls for a controlled substance listed in :
(a) Substance II, the registered pharmacist who is to fill the prescription shall establish and document that the prescription is authentic and that a bona fide [doctor-patient] relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written.
(b) Schedule III or IV, the registered pharmacist who is to fill the prescription shall establish, in his professional judgment, that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written. This paragraph does not require the registered pharmacist to inquire into such a relationship upon the receipt of each such prescription.
Sec. 12. NRS 639.2353 is hereby amended to read as follows:
639.2353 1. A prescription must be given:
(a) Directly from the practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the practitioner; or
(c) By an oral order transmitted by an agent of the practitioner.
2. A written prescription must contain:
(a) The name and signature of the practitioner, and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) His registration number assigned by the Drug Enforcement Administration if the prescription is for a controlled substance;
(d) The name of the patient, and his address if not immediately available to the pharmacist;
(e) The name , strength and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
3. The directions of use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 13. NRS 639.246 is hereby amended to read as follows:
639.246 1. The secretary of the board shall issue subpenas for the production of witnesses, documents or papers, in accordance with statutory provisions, at the request of any party to a hearing [.] or for purposes of an investigation or other matter under inquiry by the board.
2. Witnesses appearing pursuant to a subpena [shall] must receive expenses and witness fees in the amounts and under the same circumstances as prescribed by law for witnesses in civil actions. [Such] The expenses and fees [shall] must be paid in full by the party at whose request the witness is subpenaed.
κ1993 Statutes of Nevada, Page 635 (CHAPTER 259, SB 246)κ
fees [shall] must be paid in full by the party at whose request the witness is subpenaed.
3. Subpenas [shall] must be served in the same manner as prescribed by the law for the service of subpenas in civil actions . [, and failure to comply with the order shall be punished as contempt.] If any person fails to comply with a subpena within 10 days after its issuance, the president of the board, or the secretary of the board at the direction of the president, may petition the district court for an order of the court compelling compliance with the subpena.
4. Upon such a petition, the court shall enter an order directing the person subpenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there to show cause why he has not complied with the subpena. A certified copy of the order must be served upon the person.
5. If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order compelling compliance with the subpena. Failure to obey the order constitutes contempt of court.
Sec. 14. NRS 639.2597 is hereby amended to read as follows:
639.2597 A pharmacist or practitioner who proposes to make any substitution must have made use of a list of biologically equivalent drugs [which is published] approved by the United States Food and Drug Administration.
Sec. 15. NRS 453.211 is hereby amended to read as follows:
453.211 1. The board shall [publish revised] :
(a) Review the schedules annually [.] and maintain a list of current schedules.
(b) Upon the revision of a schedule, cause a copy of the revised schedule to be sent to each district attorney, public defender and judge in the State of Nevada.
(c) Make copies of the list of current schedules available to members of the public upon request. The board may charge a reasonable fee for providing the copies.
2. Failure to publish revised schedules is not a defense in any administrative or judicial proceeding under NRS 453.011 to 453.552, inclusive.
Sec. 16. NRS 453.385 is hereby amended to read as follows:
453.385 1. Each prescription for a controlled substance must be written on a separate prescription blank or as an order on the chart of the patient. The chart of a patient may be used to order multiple prescriptions for that patient.
2. A prescription for a controlled substance must contain:
(a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) His registration number from the Drug Enforcement Administration if it is not immediately available to the pharmacist;
(d) The name of the patient, and his address if not immediately available to the pharmacist;
(e) The name, strength and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
κ1993 Statutes of Nevada, Page 636 (CHAPTER 259, SB 246)κ
3. A prescription for a controlled substance listed in:
(a) Schedule III, IV or V must be signed by a practitioner as provided by regulation of the board and may be preprinted or written by an agent of the practitioner.
(b) Schedule II must be written and signed entirely by hand by the practitioner who issued it [.] , except that:
(1) The addresses of the patient and the practitioner may be added by the pharmacist.
(2) The name of the practitioner, his address, the classification of his license and his registration number for the Drug Enforcement Administration may be preprinted on the prescription form.
4. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 17. NRS 453.391 is hereby amended to read as follows:
453.391 A person shall not:
1. Unlawfully take , obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian or any other person authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
Sec. 18. NRS 454.0092 is hereby amended to read as follows:
454.0092 Manufacturer means a person [, other than a registered pharmacist practicing in a licensed pharmacy,] who derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug [,] or who repackages any drug for the purpose of resale . [, or who makes, produces or prepares any hypodermic or prophylactic device.]
Sec. 19. NRS 454.010 is hereby amended to read as follows:
454.010 As used in NRS 454.010 to 454.170, inclusive, poison means any substance having an inherent deleterious property which when internally or externally applied to the body of man or animal is capable of causing damage to the tissues, destroying the action of vital functions of the body or causing death, and includes the compositions of the following schedules:
Schedule A:
1. Aconite, belladonna, cantharadis and nux vomica.
2. Alkaloids and derivatives.
3. Antiseptic tablets containing corrosive sublimate.
4. Arsenic, its compounds and preparations.
5. Corrosive sublimate.
6. Cyanide of potassium.
7. Hydrocyanic acid.
8. Oils of croton.
9. Phosphorus and its poisonous derivatives or compounds.
κ1993 Statutes of Nevada, Page 637 (CHAPTER 259, SB 246)κ
10. Rue and tansy.
11. Sodium fluoracetate and preparations.
12. Strophanthus or its preparations.
13. Strychnine.
14. Zinc phosphide and preparations.
15. All compounds, preparations or products, other than cosmetics, which contain any of the following poisons as the primary solvent or in amounts capable of causing intoxication or harmful physical effects if inhaled, absorbed or ingested:
(a) Ethyl acetate.
(b) Isobutyl ketone.
(c) Methyl cellulose acetate.
(d) Methyl ethyl ketone.
(e) Trichlorethylene.
Schedule B:
1. [Boric acid, powder or crystals.
2.] Bromides.
[3.] 2. Chloroform.
[4. Camphor, spirits of camphor or camphorated oil.
5.] 3. Cocculus indicus or its preparations.
[6.] 4. Cowhage.
[7.] 5. Creosote.
[8.] 6. Ether.
[9.] 7. Hydrochloric or muriatic acid.
[10. Iodine or its tinctures.
11.] 8. Nitric acid.
[12.] 9. Oils of savin and pennyroyal.
[13.] 10. Oxalic acid.
[14.] 11. Solution of formaldehyde or formalin.
[15.] 12. Sugar of lead.
[16.] 13. Sulfate of zinc.
[17.] 14. Sulfuric acid.
[18.] 15. Tartar emetic and other derivatives of antimony.
[19.] 16. Veratrum.
[20.] 17. Wood alcohol or methanol.
Schedule C:
1. Carbon tetrachloride or any preparation in which it is used as the primary solvent.
2. Any preparation or substance which contains any of the poisons listed in Schedule A or B in amounts capable of causing harmful physical effects if inhaled, absorbed or ingested, when such products or preparations are intended and designed for agricultural, commercial, economic, industrial or household use, and are labeled in compliance with the provisions of NRS 454.020 and 454.080.
Sec. 20. NRS 454.241 is hereby amended to read as follows:
454.241 A prescription which bears specific authorization to refill, given by the practitioner at the time he issued the original prescription, may be refilled in any pharmacy for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use [; but in no case may the] , except that a prescription must not be refilled after 1 year has elapsed from the date it was originally [filled.]
κ1993 Statutes of Nevada, Page 638 (CHAPTER 259, SB 246)κ
refilled in any pharmacy for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use [; but in no case may the] , except that a prescription must not be refilled after 1 year has elapsed from the date it was originally [filled.] issued. If additional medication is needed thereafter, the original prescription must be voided and a new prescription obtained.
Sec. 21. NRS 454.246 is hereby amended to read as follows:
454.246 A prescription which bears authorization, permitting the pharmacist to refill the prescription as needed by the patient, may be refilled in keeping with the number of doses ordered and the directions for use within 1 year after the date it was originally [written.] issued.
Sec. 22. NRS 639.2591, 639.2593 and 639.280 are hereby repealed.
________
Senate Bill No. 351 — Committee on Government Affairs
CHAPTER 260
AN ACT relating to state financial administration; consolidating or eliminating various funds; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 349.951 is hereby amended to read as follows:
349.951 1. The director may charge the obligor a fee not to exceed 2 percent of the principal amount of the financing, including a nonrefundable application fee not to exceed 0.25 percent of the principal amount or $7,500, whichever is less, payable either in advance or at the time the bonds are issued. The director shall deposit all money received pursuant to this section, except money received from application fees, with the state treasurer for credit to the [fund] account for the financing of water projects.
2. Money received from application fees collected pursuant to this section must be:
(a) Accounted for separately in the state general fund.
(b) Used by the director to support the operations of his office in administering the provisions of NRS 349.935 to 349.961, inclusive.
3. Whether or not bonds are issued, the director shall use money received pursuant to this section, except money received from application fees, to reimburse his office for the expenses and costs incurred in financing the water project and, within the limits of money available for this purpose, to reimburse a municipality pursuant to the provisions of NRS 349.961. Any portion of the money so received, except money received from application fees, which exceeds the directors expenses and costs must be refunded to the obligor.
κ1993 Statutes of Nevada, Page 639 (CHAPTER 260, SB 351)κ
Sec. 2. NRS 349.952 is hereby amended to read as follows:
349.952 1. Except as otherwise provided in subsection 3 and NRS 349.951, all amounts received by the director from an obligor in connection with any financing undertaken pursuant to NRS 349.935 to 349.961, inclusive, must be deposited with the state treasurer for credit to the [fund] account for the financing of water projects [in the state treasury,] which is hereby created [.] in the fund for the municipal bond bank.
2. Any revenue from water projects financed with state securities which is in the [fund] account must be applied in the following order of priority:
(a) Deposited into the consolidated bond interest and redemption fund in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued for water projects.
(b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued for water projects, in amounts and at times determined to be necessary.
(c) Paid out for expenses of operation and maintenance.
3. Any revenue from water projects financed with revenue bonds may:
(a) Be deposited in the [fund] account for the financing of water projects and subject to the provisions of subsection 2; or
(b) Subject to any agreement with the holders of the bonds, be invested, deposited or held by the director in such funds or accounts as he deems necessary or desirable. If the director is acting pursuant to this subsection, he need not deposit the money in the state treasury and the provisions of chapters 355 and 356 of NRS do not apply to any investments or deposits made pursuant to this subsection.
Sec. 3. NRS 349.961 is hereby amended to read as follows:
349.961 1. When any municipality or other obligor desires to undertake a water project it may present its preliminary plan to the board for approval. If the proposed water project affects drinking water, the board shall request the administrator of the health division of the department of human resources to submit comments and recommendations regarding the project. The board shall analyze the potential yield of the water project, and may tentatively approve it if it will preserve or increase the water available for beneficial use in this state.
2. If the board, after a public hearing on the issue, tentatively approves the water project, the municipality or other obligor may proceed to prepare a final plan and submit it for final approval. If the board finally approves the water project, the cost of the final plan may be included in the cost of the water project. If the board does not finally approve the water project, the director may, within the limits of money available for this purpose in the [fund] account for the financing of water projects, reimburse a municipality for the costs incurred after the tentative approval.
Secs. 4-6. (Deleted by amendment.)
Sec. 7. NRS 209.383 is hereby amended to read as follows:
209.383 1. The director may suspend or terminate operations and obligations or renegotiate the terms of any contract concerning the sale or donation by offenders of blood or blood plasma. Before suspending or terminating operations and obligations or renegotiating the terms of an agreement pursuant to this subsection, the director must obtain the approval of:
κ1993 Statutes of Nevada, Page 640 (CHAPTER 260, SB 351)κ
operations and obligations or renegotiating the terms of an agreement pursuant to this subsection, the director must obtain the approval of:
(a) The legislature, by concurrent resolution, when the legislature is in regular or special session; or
(b) The interim finance committee, when the legislature is not in regular or special session.
2. A contract concerning the sale or donation by offenders of blood or blood plasma entered into or renegotiated by the director must:
(a) Have a definite term; and
(b) Be subject to an absolute right on the part of the director to suspend or terminate operations and obligations or renegotiate the terms of the contract. The director must consider the expenses of administration and the profits to be derived by the state before entering into or renegotiating a contract pursuant to this subsection.
3. All revenue from a program for the sale by offenders of blood or blood plasma in excess of the cost of the program must be placed in the [fund] account for destitute prisoners which is hereby created [.] in the prisoners personal property fund. The interest and income earned on money in the [fund,] account after deducting any applicable charges, must be credited to the [fund.] account. Money in the [fund] account may only be withdrawn by:
(a) The director to pay monthly stipends to destitute offenders;
(b) The legislature, by concurrent resolution, when the legislature is in regular or special session; and
(c) The interim finance committee, when the legislature is not in regular or special session.
Sec. 8. NRS 233H.090 is hereby amended to read as follows:
233H.090 The [fund] account for physical fitness and sports is hereby created [.] in the state general fund. All money received by the commission from public and private sources must be deposited in the [fund.] account. The money in the [fund] account must be used to pay the expenses of the commission and to carry out the duties of the commission. Claims against the [fund] account must be paid as other claims against the state are paid upon the approval of the chairman of the commission.
Sec. 9. NRS 319.340 is hereby amended to read as follows:
319.340 1. The division may establish one or more bond reserve funds, and shall pay into each such bond reserve fund:
(a) Any money appropriated by the legislature for the purpose of [such] the fund;
(b) Any proceeds of sale of notes or bonds to the extent provided in connection with the issuance thereof; and
(c) Any other money which may be available to the division for the purpose of [such] the fund from any other source or sources.
All money held in any bond reserve fund, except as otherwise expressly provided in this chapter, must be used, as required, solely for the payment of the principal of bonds secured in whole or in part by [such] the fund or of the sinking fund payments with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when the bonds are redeemed before maturity.
κ1993 Statutes of Nevada, Page 641 (CHAPTER 260, SB 351)κ
2. Money in such a fund must not be withdrawn [therefrom] from the fund at any time in an amount that would reduce the amount of the fund below the requirement established for that fund, except to pay when due, with respect to bonds secured in whole or in part by that fund, principal, interest, redemption premiums and sinking fund payments for the payment of which other money of the division is not available. Any income or interest earned by or incremental to any bond reserve fund resulting from the investment thereof may be transferred by the division to other funds or accounts of the division and to the [trust fund] account for low-income housing created pursuant to NRS 319.500, to the extent that the amount of that bond reserve fund is not reduced below the requirement for the fund.
Sec. 10. NRS 319.500 is hereby amended to read as follows:
319.500 1. There is hereby created in the state [treasury] general fund the [trust fund] account for low-income housing, to be administered by the division. All money that is collected for the use of the [fund] account from any source, including pursuant to a specific statute, tax, legislative appropriation, gift or grant, or from interest earned on specified public or private accounts, must be deposited in the [fund.] account.
2. The money in the [fund] account must be invested as provided in chapters 355 and 356 of NRS. The interest and income earned on the money in the [fund,] account, after deducting any applicable charges, must be credited to the [fund.] account. All claims against the [fund] account must be paid as other claims against the state are paid.
Sec. 11. NRS 319.510 is hereby amended to read as follows:
319.510 1. Money deposited in the [trust fund] account for low-income housing must be used:
(a) For the acquisition, construction or rehabilitation of housing for eligible families by public or private nonprofit charitable organizations, housing authorities or local governments through loans, grants or subsidies;
(b) To provide technical and financial assistance to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction or rehabilitation of housing for eligible families;
(c) To provide funding for projects of public or private nonprofit charitable organizations, housing authorities or local governments that provide assistance to or guarantee the payment of rent or deposits as security for rent for eligible families, including, homeless persons;
(d) To reimburse the division for the costs of administering the [fund;] account; and
(e) In any other manner consistent with this section to assist eligible families in obtaining or keeping housing, including use as the states contribution to facilitate the receipt of related federal money.
2. Except as otherwise provided in this subsection, the division may expend money from the [fund] account as reimbursement for the necessary costs of efficiently administering the [fund] account and any money received pursuant to 42 U.S.C. §§ 12701 et seq. In no case may the division expend more than $40,000 per year or an amount equal to 6 percent of any money made available to the state pursuant to 42 U.S.C. §§ 12701 et seq., whichever is greater. Of the remaining money allocated from the [fund:] account:
κ1993 Statutes of Nevada, Page 642 (CHAPTER 260, SB 351)κ
(a) Except as otherwise provided in subsection 3, 15 percent must be distributed to the welfare division of the department of human resources for use in its program developed pursuant to 45 C.F.R. § 233.120 to provide emergency assistance to needy families with children, subject to the following:
(1) The welfare division shall adopt regulations governing the use of the money that are consistent with the provisions of this section.
(2) The money must be used solely for activities relating to low-income housing that are consistent with the provisions of this section.
(3) The money must be made available to families that have children and whose income is at or below the federally designated level signifying poverty.
(4) All money provided by the Federal Government to match the money distributed to the welfare division pursuant to this section must be expended for activities consistent with the provisions of this section.
(b) Eighty-five percent must be distributed to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction and rehabilitation of housing for eligible families, subject to the following:
(1) Priority must be given to those projects that qualify for the federal tax credit relating to low-income housing.
(2) Priority must be given to those projects that anticipate receiving federal money to match the state money distributed to them.
(3) Priority must be given to those projects that have the commitment of a local government to provide assistance to them.
(4) All money must be used to benefit families whose income does not exceed 60 percent of the median income for families residing in the same county, as defined by the United States Department of Housing and Urban Development.
(5) Not less than 15 percent of the units acquired, constructed or rehabilitated must be affordable to persons whose income is at or below the federally designated level signifying poverty. For the purposes of this subparagraph, a unit is affordable if a family does not have to pay more than 30 percent of its gross income for housing costs, including both utility and mortgage or rental costs.
(6) To be eligible to receive money pursuant to this paragraph, a project must be sponsored by a local government.
3. The division may, pursuant to contract and in lieu of distributing money to the welfare division pursuant to paragraph (a) of subsection 2, distribute any amount of that money to private or public nonprofit entities for use consistent with the provisions of this section.
Sec. 12. NRS 319.520 is hereby amended to read as follows:
319.520 1. The administrator shall consult with representatives of housing authorities, organizations of persons with low income, providers of housing, financial institutions and other persons interested in the provision of low-income housing, and adopt regulations establishing:
(a) Criteria for the distribution and use of money from the [trust fund] account for low-income housing; and
(b) Procedures for the division and the local governments that receive money pursuant to NRS 319.510 to monitor the use of money from the [fund] account and to enforce the provisions of this section and NRS 319.500 and 319.510
κ1993 Statutes of Nevada, Page 643 (CHAPTER 260, SB 351)κ
account and to enforce the provisions of this section and NRS 319.500 and 319.510
The regulations must be designed to maximize the efficient use of money in the [fund,] account and to promote the participation and assistance of local governments.
2. A recipient of money from the [fund] account shall comply with the regulations of the administrator and provide such reports to the division and the local governments that receive money pursuant to NRS 319.510 upon the use of the money as the administrator requires.
Sec. 13. NRS 375.070 is hereby amended to read as follows:
375.070 1. The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter in the following manner:
(a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the state treasurer who shall deposit that amount in the [trust fund] account for low-income housing created pursuant to NRS 319.500.
(b) The remaining proceeds must be transmitted to the county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund, and apportion the remainder as follows:
(1) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(2) If there are two or more cities in the county, among the cities in proportion to their respective populations.
2. If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.
Sec. 14. Chapter 445 of NRS is hereby amended by adding thereto a new section to read as follows:
Account means the account to finance the construction of treatment works and the implementation of pollution control projects created pursuant to NRS 445.053.
Sec. 15. NRS 445.041 is hereby amended to read as follows:
445.041 1. The legislature finds that:
(a) The construction, rehabilitation, operation and maintenance of modern and efficient treatment works and other pollution control projects are essential for the protection and improvement of the waters of this state and the public health of the residents of this state; and
(b) The protection of the waters of this arid state justifies the states participation and assistance in a program which provides long-term financing to aid municipalities and interstate agencies in the construction of treatment works and the implementation of pollution control projects. The provisions of NRS 445.041 to 445.062, inclusive, shall be liberally construed to carry out the purposes of NRS 445.041 to 445.062, inclusive.
2. The legislature declares that the creation of [a fund] an account to finance the construction of treatment works and the implementation of pollution control projects will enable the state to receive its maximum share of the federal money available pursuant to the Federal Water Pollution Control Act of 1972 (33 U.S.C.
κ1993 Statutes of Nevada, Page 644 (CHAPTER 260, SB 351)κ
of 1972 (33 U.S.C. §§ 1251 et seq.) and ensure that the municipalities in this state and interstate agencies receive federal money for treatment works and programs for the control of pollution.
3. The legislature finds and declares that any general obligation bonds or revenue bonds issued pursuant to NRS 445.061 are necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 16. NRS 445.042 is hereby amended to read as follows:
445.042 As used in NRS 445.041 to 445.062, inclusive, and section 14 of this act, unless the context otherwise requires, the words and terms defined in NRS 445.043 to 445.052, inclusive, and section 14 of this act, have the meanings ascribed to them in those sections.
Sec. 17. NRS 445.053 is hereby amended to read as follows:
445.053 1. The [fund] account to finance the construction of treatment works and the implementation of pollution control projects is hereby created [.] in the fund for the municipal bond bank.
2. The money in the [fund] account must be used only for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
3. All claims against the [fund] account must be paid as other claims against the state are paid.
4. The faith of the state is hereby pledged that the money in the [fund] account will not be used for purposes other than those authorized by 33 U.S.C. §§ 1381 et seq.
Sec. 18. NRS 445.054 is hereby amended to read as follows:
445.054 1. The interest and income earned on money in the [fund] account must be credited to the [fund.] account.
2. All payments of principal and interest on all loans made to a municipality or interstate agency and all proceeds from the sale, refunding or prepayment of obligations of a municipality or interstate agency acquired or loans made in carrying out the purposes of the [fund] account must be deposited in the state treasury for credit to the [fund.] account.
3. The department may accept gifts, grants and bequests of money from any public or private source. The money must be deposited in the state treasury for credit to the [fund.] account.
Sec. 19. NRS 445.055 is hereby amended to read as follows:
445.055 1. The department shall, with the approval of the department of administration:
(a) Use the money in the [fund] account for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
(b) Determine whether publicly owned treatment works which receive money or other assistance from the [fund] account comply with the requirements set forth in 33 U.S.C. §§ 1381 et seq.
2. The department may, with the approval of the department of administration:
(a) Enter into an agreement with the Federal Government for the acceptance of grants of money for the [fund.] account.
κ1993 Statutes of Nevada, Page 645 (CHAPTER 260, SB 351)κ
(b) Provide services relating to the preparation of any plan or report concerning the [fund.] account.
Sec. 20. NRS 445.057 is hereby amended to read as follows:
445.057 1. Except as otherwise provided in NRS 445.058, money in the [fund] account may be used only to:
(a) Make loans at or below the market rate to municipalities or interstate agencies for the construction of treatment works and the implementation of pollution control projects.
(b) Buy or refinance at or below the market rate the debt obligations of municipalities or interstate agencies if:
(1) The project for which the obligations were incurred meets the requirements of 33 U.S.C. §§ 1251 et seq.; and
(2) The debt obligations were incurred and construction of the project began after March 7, 1985.
(c) Guarantee or purchase insurance for local obligations if such action would improve access to the credit markets or reduce the rate of interest.
(d) Secure the sale of bonds issued by the state if the net proceeds from the sale of those bonds are deposited in the [fund.] account.
2. A municipality or interest agency which requests a loan or other financial assistance must demonstrate that it has complied with the provisions of 33 U.S.C. §§ 1381 et seq.
Sec. 21. NRS 445.058 is hereby amended to read as follows:
445.058 1. The director shall not:
(a) Spend more than 4 percent of each grant awarded to administer the [fund;] account; or
(b) Use any money generated pursuant to NRS 445.061 for the costs of administering the [fund] account unless authorized by the legislature.
2. The director may, with the approval of the department of administration, impose and collect a fee from each municipality or interstate agency which receives a loan or other financial assistance from the [fund.] account. The fee must be used to defray the costs of administering the [fund.] account.
3. If the director imposes a fee, the commission shall adopt regulations establishing the amount of the fee required to be collected pursuant to subsection 2.
Sec. 22. NRS 445.061 is hereby amended to read as follows:
445.061 1. The director may, with the approval of the department of administration, authorize the state treasurer to issue, sell or deliver general obligation bonds of the state or revenue bonds if viable to support the purposes of the [fund.] account.
2. If the director authorizes the issuance of those bonds, the state treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
κ1993 Statutes of Nevada, Page 646 (CHAPTER 260, SB 351)κ
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the state, any agency or political subdivision, or any other person;
(f) Adopt regulations relating to projects receiving financial assistance and the administration of those projects;
(g) Employ for himself or for any municipality or interstate agency, any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities and municipal securities;
(h) Enter into agreements and arrangements consistent with NRS 445.041 to 445.062, inclusive, concerning the issuance of state securities and the purchase of municipal securities; and
(i) Undertake other matters which he determines to be necessary or desirable to accomplish the purposes of NRS 445.041 to 445.062, inclusive.
3. Before any bonds are issued pursuant to this section, the state board of examiners must certify that sufficient revenue will be available in the [fund] account to pay the interest and installments of principal as they become due.
4. The money in the [fund] account that is available for the payment of the interest and installments of principal on the bonds must be pledged as the primary source for the payment of the bonds. The full faith and credit of the state may be pledged.
Sec. 23. NRS 445.062 is hereby amended to read as follows:
445.062 1. The commission shall adopt regulations relating to the environmental review process required by 33 U.S.C. §§ 1381 et seq.
2. Each municipality or interstate agency which receives money from the [fund] account shall prepare an environmental assessment which complies with the regulations adopted by the commission and submit it to the department for review.
3. The department shall review each such assessment.
Sec. 24. NRS 459.838 is hereby amended to read as follows:
459.838 All fees collected for the issuance of permits to operate storage tanks, if such permits are required, and all reimbursements and penalties recovered pursuant to NRS 459.840 to 459.856, inclusive, must be deposited with the state treasurer for credit to the [fund] account for the management of storage tanks, which is hereby created [as a special revenue] in the state general fund. The money in the [fund] account must be paid as other claims against the state are paid.
Sec. 25. NRS 459.840 is hereby amended to read as follows:
459.840 1. Except as otherwise provided in subsections 2 and 3, money in the [fund] account for the management of storage tanks may only be expended for the continuing observation or other management of storage tanks.
2. If a person responsible for the release of a regulated substance from a storage tank does not act promptly to clean and decontaminate the affected area properly, and if that inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the [fund] account may be expended to pay the costs of:
(a) Responding to a release of a regulated substance from a storage tank;
κ1993 Statutes of Nevada, Page 647 (CHAPTER 260, SB 351)κ
(b) Coordinating the efforts of state, local and federal agencies responding to a release from a storage tank;
(c) Managing the cleaning and decontamination of an area in which a release from a storage tank has occurred; or
(d) Removing or contracting for the removal of a regulated substance released from a storage tank which presents an imminent danger to human health, public safety or the environment.
3. The director shall demand reimbursement of the [fund] account for money expended pursuant to subsection 2 from any person who is responsible for the release, or who owns or controls the storage tank, or the area in which the release occurred. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. Reimbursement may include all costs actually incurred in the investigation and cleanup. The director may impose an administrative penalty of not more than 5 percent of the amount of reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
4. At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
Sec. 26. NRS 483.415 is hereby amended to read as follows:
483.415 1. The department shall charge and collect a fee of 50 cents, in addition to the fees set forth in NRS 483.410, for every drivers license, including a motorcycle drivers license, issued or renewed.
2. The department shall deposit the money into the highway and safety administrative [fund] account which is hereby created [as a special revenue] in the state highway fund. The money in the [fund] account may be used only as follows:
(a) Sixty-five percent of the money must be used for the support of the position of motor vehicle recovery and transportation planner created within the department of transportation pursuant to NRS 408.234; and
(b) Thirty-five percent of the money must be used for the support of the position of drivers education and safety officer created pursuant to NRS 483.203.
Sec. 27. NRS 612.601 is hereby amended to read as follows:
612.601 1. [There is hereby created in the state treasury a fund for the employment of claimants as a special revenue fund. The executive director is responsible for the administration of the fund for the employment of claimants.
2.] All payments collected pursuant to NRS 612.602 must be deposited in the [fund for the employment of claimants.] unemployment compensation administration fund.
[3.] 2. The executive director shall only expend the money [in the fund] collected for the employment of claimants to:
(a) Establish and administer an employment training program which must foster job creation, minimize unemployment costs of employers and meet the needs of employers for skilled workers by providing training to unemployment compensation claimants; and
(b) Pay the costs of the collection of payments required pursuant to NRS 612.602.
κ1993 Statutes of Nevada, Page 648 (CHAPTER 260, SB 351)κ
[4.] 3. The money [in the fund] used for the program for the employment of claimants must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with or duplicate in any way existing apprenticeship programs approved by the state apprenticeship council.
Sec. 28. NRS 612.602 is hereby amended to read as follows:
612.602 1. Except as otherwise provided in subsection 4, in addition to any other contribution required by this chapter, each employer shall make payments into the unemployment compensation administration fund for the program for the employment of claimants at the rate of .05 percent of the wages he pays.
2. The interest and forfeit provisions of NRS 612.620 and 612.740, respectively, are inapplicable to the payments required by this section.
3. In determining unemployment compensation contribution rates assigned to employers pursuant to this chapter, payments paid into the unemployment compensation administration fund for the program for the employment of claimants pursuant to this section must remain separate from any other contribution paid pursuant to this chapter and must not be included in any manner in computing the contribution rates to be assigned to employers under NRS 612.550.
4. The provisions of this section do not apply to an employer:
(a) Who has been assigned a contribution rate of 5.4 percent pursuant to subsection 6 of NRS 612.550; or
(b) Who has elected to make reimbursement in lieu of contributions pursuant to NRS 612.553.
Sec. 29. NRS 612.604 is hereby amended to read as follows:
612.604 Collection of money from an employer delinquent in making contributions or payments pursuant to the provisions of this chapter must first be applied to pay his delinquent contributions to the unemployment compensation fund, then applied to pay his delinquent payments to the [fund for the employment of claimants] unemployment compensation administration fund and finally to pay any penalty and interest imposed pursuant to the provisions of this chapter.
Sec. 30. NRS 445.047 is hereby repealed.
Sec. 31. At the end of the fiscal year 1992-93, the state controller shall transfer the assets and liabilities of each fund consolidated with another fund or eliminated by an amendatory provision of this act to the appropriate fund or the account created by that provision.
Sec. 32. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 649κ
Senate Bill No. 388 — Committee on Commerce and Labor
CHAPTER 261
AN ACT relating to reciprocal insurers; authorizing a reciprocal insurer to own and hold real property; authorizing the execution of documents relating to such property through an attorney in fact; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 649B of NRS is hereby amended by adding thereto a new section to read as follows:
A reciprocal insurer may purchase, sell, mortgage, encumber, lease or otherwise affect the title to real property for the purposes and objects of the reciprocal insurer. All deeds, notes, mortgages or other documents relating to the real property may be executed in the name of the reciprocal insurer by its attorney.
________
Senate Bill No. 393 — Committee on Judiciary
CHAPTER 262
AN ACT relating to gaming; authorizing the Nevada gaming commission to modify, upon appeal, a decision of the state gaming control board concerning a work permit; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. A person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of the chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city, except that an independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.
κ1993 Statutes of Nevada, Page 650 (CHAPTER 262, SB 393)κ
except that an independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.
3. A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. A gaming employee who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.
5. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded , and the failure precludes administrative or judicial review. At the hearing, the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.
8. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
κ1993 Statutes of Nevada, Page 651 (CHAPTER 262, SB 393)κ
(a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
If the board issues or does not object to the issuance of a work permit to an applicant who has been convicted of a crime which is a felony , [or] gross misdemeanor [,] or misdemeanor, it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
9. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain , modify or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 453.315 to 463.318, inclusive.
10. Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board.
κ1993 Statutes of Nevada, Page 652 (CHAPTER 262, SB 393)κ
files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
11. A work permit expires unless renewed in accordance with subsection 4, or if the holder thereof is not employed as a gaming employee or does not serve as an independent agent within the jurisdiction of the issuing authority for more than 90 days.
12. The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize [such] that person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and
(d) Notifying the applicant of the decision.
13. Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 2. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. A person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city, except that an independent agent is not required to hold a work permit if he is not a resident of his state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.
κ1993 Statutes of Nevada, Page 653 (CHAPTER 262, SB 393)κ
except that an independent agent is not required to hold a work permit if he is not a resident of his state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.
3. A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. A gaming employee who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.
5. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded, and the failure precludes administrative or judicial review. At the hearing, the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or revising the denial of the work permit or the objection to the issuance of a work permit.
8. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
κ1993 Statutes of Nevada, Page 654 (CHAPTER 262, SB 393)κ
(a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at the place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
If the board issues or does not object to the issuance of a work permit to an applicant who has been convicted of a crime which is a felony [,] or gross misdemeanor , [or misdemeanor,] it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
9. An applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain, modify or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
10. Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed.
κ1993 Statutes of Nevada, Page 655 (CHAPTER 262, SB 393)κ
show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
11. A work permit expires unless renewed in accordance with subsection 4, or if the holder thereof is not employed as a gaming employee or does not serve as an independent agent within the jurisdiction of the issuing authority for more than 90 days.
12. The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize that person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and
(d) Notifying the applicant of the decision.
13. Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 3. Section 2 of this act becomes effective on October 1, 1995.
________
Senate Bill No. 335 — Committee on Finance
CHAPTER 263
AN ACT relating to taxation; extending the date for the reversion of an appropriation made during the 66th legislative session to the department of taxation for an automated tax collection system; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 584, Statutes of Nevada 1991, at page 1921, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1993,] 1994, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1993 Statutes of Nevada, Page 656 (CHAPTER 263, SB 335)κ
[1993,] 1994, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 382 — Senators Coffin, Neal, Nevin, ODonnell, Brown and Glomb
CHAPTER 264
AN ACT relating to traffic laws; exempting a person operating a postal service vehicle from the prohibition against stopping, standing or parking within 5 feet of a public or private driveway; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.399 is hereby amended to read as follows:
484.399 1. A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant in a place where parallel parking is permitted, or within 20 feet of a fire hydrant if angle parking is permitted and a local ordinance requires the greater distance;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk at an intersection;
(g) Within 30 feet upon the approach of any official traffic-control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone;
(i) Within 50 feet of the nearest rail of a railroad;
(j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of that entrance;
(k) Alongside or opposite any highway excavation or obstruction when stopping, standing or parking would obstruct traffic;
(l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;
(m) Upon any bride or other elevated structure or within a highway tunnel;
(n) [Within] Except as otherwise provided in subsection 2, within 5 feet of a public or private driveway; and
(o) At any place where official traffic-control devices prohibit stopping, standing or parking.
κ1993 Statutes of Nevada, Page 657 (CHAPTER 264, SB 382)κ
2. The provisions of paragraph (n) of subsection 1 do not apply to a person operating a vehicle of the United States Postal Service if the vehicle is being operated for the official business to the United States Postal Service.
3. A person shall not move a vehicle not owned by him into any prohibited area or away from a curb to a distance which is unlawful.
[3.] 4. A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion stopping, standing or parking is dangerous to those using the highway or where the vehicles which are stopping, standing or parking would unduly interfere with the free movement of traffic. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on those devices.
________
Senate Bill No. 316 — Committee on Commerce and Labor
CHAPTER 265
AN ACT relating to employment; authorizing an association of public or private employers to provide self-insurance against liability for industrial injuries and occupational diseases; revising the standards for construing statutes governing industrial insurance and occupational diseases; broadening the offenses related to fraud that are punishable by civil or criminal action; revising the method for determining a claimants eligibility for benefits for industrial insurance and occupational diseases and the manner in which those benefits are calculated; prohibiting, under certain circumstances, a provider of health care from referring an injured employee to a health facility or service in which he or certain other persons have a financial interest; revising the management of the state industrial insurance system; providing penalties; and providing other matters properly relating thereto.
[Approved June 18, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.
3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to:
(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices;
κ1993 Statutes of Nevada, Page 658 (CHAPTER 265, SB 316)κ
law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices;
(b) Any state or local agency for the enforcement of child support; [or]
(c) The Internal Revenue Service of the Department of the Treasury [.] ; and
(d) The state contractors board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer to the commission on economic development for its use in developing and diversifying the economic interests of this state.
5. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipients rights to further benefits pursuant to this chapter.
6. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.
7. The executive director shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The executive director may charge a reasonable fee to cover any related administrative expenses.
8. The manager of the state industrial insurance system [may] shall submit to the executive director a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the employment security department regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the executive director and must contain the social security number of each such person. Upon receipt of such a request, the executive director shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS.
κ1993 Statutes of Nevada, Page 659 (CHAPTER 265, SB 316)κ
who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The executive director shall charge a reasonable fee to cover any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.
9. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
10. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.
11. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 2. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 83, inclusive, of this act.
Sec. 3. Association of self-insured private employers means a nonprofit, unincorporated association composed of five or more private employers that has been issued a certificate by the commissioner indicating that the combined administrative and financial resources of the members of the association are sufficient to make certain the prompt payment of all compensation under this chapter and chapter 617 of NRS.
Sec. 4. Association of self-insured public employers means a nonprofit, unincorporated association composed of five or more public employers that has been issued a certificate by the commissioner indicating that the combined administrative and financial resources of the members of the association are sufficient to make certain the prompt payment of all compensation under this chapter and chapter 617 of NRS.
Sec. 4.5. Certified vocational rehabilitation counselor means a person who:
1. Has a masters degree in rehabilitation counseling; or
2. Has been certified as a rehabilitation counselor or an insurance rehabilitation specialist by the Commission on Rehabilitation Counselor Certification, which is a division of the Board of Rehabilitation Certification.
Sec. 5. Incarcerated means confined in:
1. Any local detention facility, county jail, state prison, reformatory or other correctional facility as a result of a conviction or a plea of guilty or nolo contendere in a criminal proceeding; or
κ1993 Statutes of Nevada, Page 660 (CHAPTER 265, SB 316)κ
2. Any institution or facility for the mentally ill as a result of a plea of not guilty by reason of insanity in a criminal proceeding,
in this state, another state or a foreign country.
Sec. 6. Organization for managed care means any person who:
1. Provides or arranges for the provision of medical and health care services;
2. Establishes objectives, standards and protocols for such services;
3. Organizes providers of health care to ensure the availability and accessibility of such services; and
4. Establishes a system that allows for the submission of reports to the manager or a self-insured employer that are necessary to evaluate the effectiveness and cost of delivering medical and health care services to injured employees.
Sec. 7. Private employer means any person, other than a public employer, who has in service any person under a contract of hire who is not excluded from the term employee pursuant to NRS 616.060.
Sec. 8. Public employer means the state and a county, city, school district and public or quasi-public corporation within this state.
Sec. 9. Service company means a person who provides services to an association of self-insured public or private employers that are not provided by a third-party administrator, including, but not limited to, services relating to:
1. The adjustment of claims;
2. Programs for loss control and occupational safety;
3. The compilation of statistics and the preparation of required reports;
4. The calculation of assessments and fees required to be paid by the members of the association; and
5. The administration of a claims account.
Sec. 10. Utilization review has the meaning ascribed to it in NRS 683A.376.
Sec. 11. The legislature hereby determines and declares that:
1. The provisions of this chapter and chapter 617 of NRS must be interpreted and construed to ensure the quick and efficient payment of compensation to injured and disabled employees at a reasonable cost to the employers who are subject to the provisions of those chapters;
2. A claim for compensation filed pursuant to the provisions of this chapter or chapter 617 of NRS must be decided on its merit and not according to the principle of common law that requires statutes governing workers compensation to be liberally construed because they are remedial in nature;
3. The provisions of this chapter and chapter 617 of NRS are based on a renunciation of the rights and defenses of employers and employees recognized at common law; and
4. For the accomplishment of these purposes, the provisions of this chapter and chapter 617 of NRS must not be interpreted or construed broadly or liberally in favor of an injured or disabled employee or his dependents, or in such a manner as to favor the rights and interests of an employer over the rights and interests of an injured or disabled employee or his dependents.
κ1993 Statutes of Nevada, Page 661 (CHAPTER 265, SB 316)κ
Sec. 12. 1. Except as otherwise provided in subsection 2, an injured employee, or a person acting on his behalf, shall file a claim for compensation with the insurer within 90 days after an accident if:
(a) The employee has sought medical treatment for an injury arising out of and in the course of his employment; or
(b) The employee was off work as a result of an injury arising out of and in the course of his employment.
2. In the event of the death of the injured employee resulting from the injury, a dependent of the employee, or a person acting on his behalf, shall file a claim for compensation with the insurer within 1 year after the death of the injured employee.
3. The claim for compensation must be filed on a form prescribed by the administrator.
Sec. 12.5. 1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, his dependent, is barred from recovering compensation pursuant to the provisions of this chapter if he fails to file a notice of injury pursuant to NRS 616.500 or a claim for compensation pursuant to section 12 of this act.
2. An insurer may excuse the failure to file a notice of injury or a claim for compensation pursuant to the provisions of this section if:
(a) The injury to the employee or another cause beyond his control prevented him from providing the notice or claim;
(b) The failure was caused by the employees or dependents mistake or ignorance of fact or of law;
(c) The failure was caused by the physical or mental inability of the employee or the dependent; or
(d) The failure was caused by fraud, misrepresentation or deceit.
Sec. 13. 1. A treating physician or chiropractor shall, within 3 working days after he first treats an injured employee for a particular injury, complete and mail to the employer of the injured employee and to the employers insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall mail the claim for compensation to the employers third-party administrator.
2. A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.
3. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the injured employees ability to work.
4. Each physician, chiropractor and medical facility that treats injured employees, each insurer, third-party administrator and employer, and the division and department shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.
5. The administrator shall impose an administrative fine of not more than $1,000 on a physician or chiropractor for each violation of subsection 1.
Sec. 14. 1. Within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and mail to his insurer or third-party administrator an employers report of industrial injury or occupational disease.
2. The report must:
κ1993 Statutes of Nevada, Page 662 (CHAPTER 265, SB 316)κ
(a) Be on a form prescribed by the administrator;
(b) Be signed by the employer or his designee;
(c) Contain specific answers to all questions required by the regulations of the department; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the injured employee is expected to be off work for 5 days or more.
3. An employee of the system shall not complete the report required by subsection 1 or any other form relating to the accident on behalf of the employer unless the employer:
(a) Is not in business;
(b) Has not been located by the system within 5 working days after receipt of a claim for compensation; or
(c) Refuses to complete the report.
4. The administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section.
Sec. 15. An insurer shall accept or deny responsibility for compensation under this chapter within 30 working days after claims for compensation are received pursuant to both sections 12 and 13 of this act.
Sec. 16. 1. An injured employee or his dependents are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or his dependents establish by a preponderance of the evidence that the employees injury arose out of and in the course of his employment.
2. For the purposes of this chapter, if the employee files a notice of an injury pursuant to NRS 616.500 after his employment has been terminated for any reason, there is a rebuttable presumption that the injury did not arise out of and in the course of his employment.
Sec. 17. 1. An insurer shall not provide compensation to or for an employee or his dependents before the compensation is required to be paid pursuant to the provisions of this chapter.
2. If, within 30 days after a payment is made to an injured employee pursuant to the provisions of this chapter, the insurer determines that it has overpaid the injured employee as a result of a clerical error in its calculation of the amount of payment, or as a result of using improper or incorrect information to determine the injured employees eligibility for payment or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the injured employee is entitled, other than accident benefits, if:
(a) The insurer notifies the injured employee in writing of its determination;
(b) The insurer informs the injured employee of his right to contest the deduction; and
(c) The injured employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that such an overpayment was made.
3. Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the injured employee.
κ1993 Statutes of Nevada, Page 663 (CHAPTER 265, SB 316)κ
Sec. 18. If, after a claim for compensation is filed pursuant to section 12 of this act:
1. The injured employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and
2. The employees medical records for the injury reported do not include a reference to the injury or disease for which treatment is being sought, or there is no documentation indicating that there was possible exposure to an injury described in paragraph (b) of subsection 2 of NRS 616.110,
the injury or disease for which treatment is being sought must not be considered part of the employees original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury or disease for which treatment is being sought and the original accident.
Sec. 19. 1. An employee is not entitled to compensation pursuant to the provisions of this chapter if:
(a) He has a preexisting condition for a cause or origin that did not arise out of or in the course of his current or past employment; and
(b) He subsequently sustains an injury by accident arising out of and in the course of his employment which aggravates, precipitates or accelerates his preexisting condition,
unless the subsequent injury is the primary cause of the resulting disability.
2. An employee is not entitled to compensation pursuant to the provisions of this chapter if:
(a) He sustains an injury by accident arising out of and in the course of his employment; and
(b) He subsequently aggravates, precipitates or accelerates the injury in a manner that does not arise out of and in the course of his employment,
unless the injury described in paragraph (a) is the primary cause of the resulting disability.
Sec. 20. 1. Except as otherwise provided in this section, an injury or disease sustained by an employee that is caused by stress is compensable pursuant to the provisions of this chapter or chapter 617 of NRS if it arose out of and in the course of his employment.
2. Any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuing therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment.
3. An injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that:
(a) He has a mental injury caused by extreme stress in time of danger;
(b) The conditions at his place of employment were the primary cause of the injury; and
(c) The stress was not caused by his layoff, the termination of his employment or any disciplinary action taken against him.
4. The provisions of this section do not apply to a person who is claiming compensation pursuant to NRS 617.457.
Sec. 21. A dependent of an injured employee may not file a claim for compensation for an industrial injury pursuant to the provisions of this chapter if:
κ1993 Statutes of Nevada, Page 664 (CHAPTER 265, SB 316)κ
1. The time for filing the claim has expired pursuant to section 12 of this act and the failure to file the claim is not excused pursuant to section 12.5 of this act; or
2. The injured employee or another dependent filed a claim for compensation for that industrial injury, the claim was denied and, upon final resolution of the claim, it was denied.
Sec. 21.1. An insurer, or a private person or public agency providing vocational rehabilitation services to an insurer, shall:
1. Ensure that the work of a vocational rehabilitation counselor who is not certified is supervised and reviewed by certified vocational rehabilitation counselor.
2. Ensure that the case load for a vocational rehabilitation counselor who conducts full vocational assessments does not exceed 35 active claims.
Sec. 21.2. If an employee does not return to work for 28 consecutive calendar days as a result of an injury arising out of and in the course of his employment or an occupational disease, the insurer shall contact the treating physician or chiropractor to determine whether:
1. There are physical limitations on the injured employees ability to work; and
2. The limitations, if any, are permanent or temporary.
Sec. 21.3. 1. Except as otherwise provided in this section, if benefits for a total temporary disability have been paid to an injured employee for more than 90 days, a vocational rehabilitation counselor shall, within 30 days, make a written assessment of the injured employees ability or potential to return to:
(a) The position he held at the time that he was injured; or
(b) Any other gainful employment.
2. Before completing the written assessment, the counselor shall:
(a) Contact the injured employee and:
(1) Identify the injured employees educational background, work experience and career interests; and
(2) Determine whether the injured employee has any existing marketable skills.
(b) Contact the injured employees treating physician or chiropractor and determine:
(1) Whether the employee has any temporary or permanent physical limitations;
(2) The estimated duration of the limitations;
(3) Whether there is a plan for continued medical treatment; and
(4) When the employee may return to the position that he held at the time of his injury or to any other position. The treating physician or chiropractor shall determine whether an employee may return to the position that he held at the time of his injury.
3. The written assessment must contain a determination as to whether the employee is eligible for vocational rehabilitation services pursuant to NRS 616.222. If the insurer, with the assistance of the counselor, determines that the employee is eligible for vocational rehabilitation services, a plan for a program of vocational rehabilitation must be completed pursuant to section 21.4 of this act.
κ1993 Statutes of Nevada, Page 665 (CHAPTER 265, SB 316)κ
4. The division may, by regulation, require a written assessment to include additional information.
5. If an insurer determines that the written assessment required by this section is impractical because of the expected duration of the employees total temporary disability, the insurer shall:
(a) Complete a written report which specified his reasons for the decision; and
(b) Review the claim at least once every 60 days.
6. The insurer shall mail a copy of the written assessment or the report completed pursuant to subsection 5 to the injured employee, his employer, the treating physician or chiropractor and the injured employees attorney or representative, if applicable.
7. For the purposes of this section, existing marketable skills include, but are not limited to:
(a) Completion of:
(1) A program at a trade school;
(2) A program which resulted in an associates degree; or
(3) A course of study for certification,
if the program or course of study provided the skills and training necessary for the injured employee to be gainfully employed on a reasonably continuous basis in an occupation that is reasonably available in this state.
(b) Completion of a 2-year or 4-year program at a college or university which resulted in a degree.
(c) Completion of any portion of a program for a graduates degree at a college or university.
(d) Skills acquired in previous employment, including those acquired during an apprenticeship or a program for on-the-job training.
The skills set forth in paragraphs (a) to (d), inclusive, must have been acquired within the preceding 7 years and be compatible with the physical limitations of the injured employee to be considered existing marketable skills.
Sec. 21.4. 1. A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616.222. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employees age, sex and physical condition.
2. If the counselor determined in the written assessment developed pursuant to section 21.3 of this act that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than 90 days after the date on which he was notified that he is eligible only for job placement assistance because:
(a) He was physically capable of returning to work; or
(b) It was determined that he had existing marketable skills.
κ1993 Statutes of Nevada, Page 666 (CHAPTER 265, SB 316)κ
3. If the counselor determined in the written assessment developed pursuant to section 21.3 of this act that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in section 21.45 of this act, such a program must not exceed:
(a) If the injured employee has incurred a permanent physical impairment of less than 6 percent, 6 months.
(b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 9 months.
(c) If the injured employee has incurred a permanent physical impairment of 11 percent or more, 1 year.
The percentage of the injured employees permanent physical impairment must be determined pursuant to NRS 616.605.
4. A plan for a program of vocational rehabilitation must comply with the requirements set forth in section 22 of this act.
5. A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.
6. If, based upon the opinion of an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the treating physician or chiropractor and the insurer.
7. The division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.
Sec. 21.45. 1. A program for vocational rehabilitation developed pursuant to subsection 3 of section 21.4 of this act may be extended in accordance with this section if the injured employee makes a written request to extend the program within 30 days after he receives written notification that he is eligible for vocational rehabilitation services and:
(a) There are exceptional circumstances which make it unlikely that the injured employee will obtain suitable gainful employment as a result of vocational rehabilitation which is limited to the period for which he is eligible; or
(b) The insurer decides to extend the program for other reasons. An insurers determination to grant or deny an extension pursuant to this paragraph may not be appealed.
2. If an injured employee has incurred a permanent physical impairment of less than 11 percent:
(a) The total length of the program, including any extension, must not exceed 1 year.
(b) Exceptional circumstances shall be deemed to exist for the purposes of paragraph (a) of subsection 1, if:
(1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which he is physically capable of performing; or
κ1993 Statutes of Nevada, Page 667 (CHAPTER 265, SB 316)κ
(2) Severe physical restrictions as a result of the industrial injury have been imposed by a physician which significantly limit the employees occupational opportunities.
3. If an injured employee has incurred a permanent physical impairment of 11 percent or more:
(a) The total length of the program, including any extension, must not exceed 2 years.
(b) Exceptional circumstances shall be deemed to exist for the purposes of paragraph (a) of subsection 1, if the injured employee has suffered:
(1) The total and permanent loss of sight of both eyes;
(2) The loss by separation of a leg at or above the knee;
(3) The loss by separation of a hand at or above the wrist;
(4) An injury to the head or spine which results in permanent and complete paralysis of both legs, both arms or a leg and an arm;
(5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing;
(6) The loss by separation of an arm at or above the elbow and the loss by separation of a leg at or above the knee;
(7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face;
(8) A total bilateral loss of hearing;
(9) The total loss or significant and permanent impairment of speech; or
(10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616.605, if the severity of the impairment limits the injured employees gainful employment to vocations that are primarily intellectual and require a longer program of education.
4. The insurer shall mail a copy of its decision granting or denying an extension to the injured employee and the employer. Except as otherwise provided in this section, the decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616.5412.
Sec. 21.5. (Omitted in amendment.)
Sec. 21.6. 1. The system shall employ one or more vocational rehabilitation counselors to develop and maintain a list of jobs that may be suitable for injured employees in various geographical areas throughout the state.
2. A vocational rehabilitation counselor who develops a plan for a program of vocational rehabilitation pursuant to section 21.4 of this act on behalf of the system shall review the list and consider the nature of the jobs that are on the list before developing a plan.
Sec. 21.7. 1. A plan for a program of vocational rehabilitation developed pursuant to section 21.4 of this act may include a program for on-the-job training, if the training is suitable for the injured employee.
2. Before an injured employee may participate in a program for on-the-job training, the insurer and the employer must execute a written agreement which contains an explanation of the training and a schedule for that training.
3. Except as otherwise provided in subsection 4, the insurer may pay not more than 50 percent of the wages of an injured employee who is participating in a program for on-the-job training. An insurer contributing toward the wages of an injured employee shall pay the employee within 10 days after the employee submits documentation of his payroll to the insurer.
κ1993 Statutes of Nevada, Page 668 (CHAPTER 265, SB 316)κ
employee submits documentation of his payroll to the insurer. The insurer shall not contribute to the wages of the injured employee for more than the period authorized for the particular employee pursuant to subsection 3 of section 21.4 or section 21.45 of this act.
4. The insurer shall, within 30 days after receipt of a request for payment, reimburse the training employer for the wages paid by the training employer to the injured employee pursuant to this section if:
(a) After the successful completion of the training, the training employer continues to employ the injured employee for at least 1 year in a position which requires the training so obtained; or
(b) The injured employee:
(1) Within 30 days after his successful completion of the training, obtains employment which requires the skills obtained by him as a direct result of the training provided by the training employer; and
(2) Retains that or similar employment for at least 1 year after the completion of the training.
Sec. 21.8. 1. The division shall, by regulation, prescribe when:
(a) Vocational rehabilitation maintenance must be paid to an injured employee; and
(b) Vocational rehabilitation maintenance must cease to be paid to an injured employee.
An injured employee must not receive vocational rehabilitation maintenance after his program of vocational rehabilitation ends pursuant to section 21.4 of this act.
2. As used in this section, vocational rehabilitation maintenance means the amount of compensation paid to an injured employee while he is participating in a program of vocational rehabilitation developed pursuant to section 21.4 of this act.
Sec. 21.9. 1. Vocational rehabilitation services must not be provided outside of this state.
2. An injured employee, who:
(a) Is eligible for vocational rehabilitation services pursuant to NRS 616.222; and
(b) Resides outside of this state,
may execute a written agreement with the insurer which provides for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services pursuant to NRS 616.617. The amount of the lump sum must not exceed $15,000.
3. An injured employee who resides outside of this state may receive the vocational rehabilitation services to which he is entitled pursuant to NRS 616.222 and sections 21.2 to 21.8, inclusive, of this act, if he relocates to this state at his own expense.
Sec. 21.95. (Omitted in amendment.)
Sec. 22. 1. Except as otherwise provided in subsection 2, vocational rehabilitation services ordered by an insurer, a hearing officer or an appeals officer must not include the following goods and services:
(a) A motor vehicle.
(b) Repairs to an injured employees motor vehicle.
κ1993 Statutes of Nevada, Page 669 (CHAPTER 265, SB 316)κ
(c) Tools and equipment normally provided to the injured employee by his employer during the course of his employment.
(d) Care for the injured employees children.
2. An injured employee is entitled to receive the goods and services set forth in subsection 1 only if his insurer determines that such goods and services are reasonably necessary. If the system makes such a determination, the employer of the injured employee may appeal that determination to the manager pursuant to NRS 616.392.
3. Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if:
(a) The priorities set forth in NRS 616.378 for returning an injured employee to work are followed;
(b) The education is recommended by a plan for a program of vocational rehabilitation developed pursuant to section 21.4 of this act; and
(c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer.
Sec. 22.5. 1. The director of the department of administration shall appoint one or more hearing officers to conduct hearings in contested cases for compensation under this chapter and chapter 617 of NRS. Each hearing officer shall serve at the pleasure of the director of the department of administration. Each hearing officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the state.
2. If a hearing officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case and the case must be assigned to another hearing officer.
Sec. 23. (Omitted in amendment.)
Sec. 24. 1. Except as otherwise provided in subsection 2, a physician or advanced practitioner of nursing shall prescribe for an injured employee a generic drug in lieu of a drug with a brand name if the generic drug is biologically equivalent and has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug with a brand name.
2. A physician or advanced practitioner of nursing is not required to comply with the provisions of subsection 1 if:
(a) He determines that the generic drug would not be beneficial to the health of the injured employee; or
(b) The generic drug is higher in cost than the drug with a brand name.
Sec. 25. 1. A group of five or more employers may not act as an association of self-insured public employers or as an association of self-insured private employers unless the group has been issued a certificate to do so by the commissioner.
2. An association of public or private employers that wishes to be issued a certificate must file with the commissioner an application for certification.
3. The application must include:
(a) The name of the association.
(b) The address of:
(1) The principal office of the association.
κ1993 Statutes of Nevada, Page 670 (CHAPTER 265, SB 316)κ
(2) The location where the books and records of the association will be maintained.
(c) The date the association was organized.
(d) The name and address of each member of the association.
(e) The names of the initial members of the board of trustees and the name of the initial third-party administrator of the association.
(f) Such other information as the commissioner may require.
4. The application must be accompanied by:
(a) A nonrefundable filing fee of $1,000.
(b) Proof of compliance with section 26 of this act.
(c) Proof that the association or its third-party administrator is licensed or otherwise authorized to conduct business in this state pursuant to Title 57 of NRS.
(d) A copy of any agreements entered into with a third-party administrator or any service company.
(e) A copy of the bylaws of the association.
(f) A copy of an agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due under this chapter and chapter 617 of NRS.
(g) A financial statement, on a form acceptable to the commissioner, that shows the financial ability of the association to pay all compensation due under this chapter and chapter 617 of NRS.
(h) Proof that each member of the association will make the initial payment to the association required pursuant to section 41 of this act on a date specified by the commissioner. The payment shall be deemed to be a part of the assessment required to be paid by each member for the first year of self-insurance if certification is issued to the association.
Sec. 26. 1. An association of self-insured public or private employers shall:
(a) Execute an indemnity agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due under this chapter and chapter 617 of NRS. The indemnity agreement must be in a form prescribed by the commissioner. An association may add provisions to the indemnity agreement if they are first approved by the commissioner.
(b) Except as otherwise provided in this subsection, maintain a policy of specific and aggregate excess insurance in a form and amount required by the commissioner. The excess insurance must be written by an insurer approved by the commissioner. To determine the amount of excess insurance required, the commissioner shall consider:
(1) The number of members in the association;
(2) If the association is an association of self-insured public employers, the types of governmental services provided by the members of the association;
(3) If the association is an association of self-insured private employers, the classifications of employment of the members of the association;
(4) The number of years the association has been in existence; and
(5) Such other information as the commissioner deems necessary.
κ1993 Statutes of Nevada, Page 671 (CHAPTER 265, SB 316)κ
(c) For the first year of self-insurance, collect an assessment from each member of the association in an aggregate amount of at least $250,000. Each year thereafter, the association shall collect an assessment in an aggregate amount of at least $500,000 or in an aggregate amount the commissioner determines is sufficient to fund its obligation, whichever is larger.
(d) Except as otherwise provided in paragraph (e), deposit with the commissioner a bond executed by the association as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to their employees. The bond must be in an amount determined by the commissioner to be reasonably sufficient to ensure payment of such compensation, but in no event may it be less than $100,000.
(e) In lieu of a bond, deposit with the commissioner 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 unavailable for withdrawal except upon order of the commissioner.
2. In addition to complying with the requirements of subsection 1, an association of self-insured private employers shall maintain a combined net worth of all members in the association of at least $2,500,000.
3. Any third-party administrator of the association shall deposit with the commissioner a bond executed by the third-party administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of his duties. The bond must be in an amount determined by the commissioner.
4. Any service company providing claims services for the association shall deposit with the commissioner a bond executed by the service company as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of its duties. The bond must be in an amount determined by the commissioner.
5. The commissioner may increase or decrease the amount of any bond or money required to be deposited by this section in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the commissioner requires an association, third-party administrator or service company to increase its deposit, the commissioner may specify the form of the additional security. The association, third-party administrator or service company shall comply with such a requirement within 60 days after receiving notice from the commissioner.
6. The account for associations of self-insured public and private employers is hereby created in the state agency fund for bonds. All money received by the commissioner pursuant to this section must be deposited with the state treasurer to the credit of the account. All claims against this account must be paid as other claims against the state are paid.
Sec. 27. 1. The commissioner shall grant or deny an application for certification as an association of self-insured public or private employers within 60 days after receiving the application. If the commissioner is unable to act upon the application within this 60-day period, he may extend the period for granting or denying the application, but for not longer than an additional 90 days.
κ1993 Statutes of Nevada, Page 672 (CHAPTER 265, SB 316)κ
2. Upon determining that an association is qualified as an association of self-insured public or private employers, the commissioner shall issue a certificate to that effect to the association and the administrator.
3. A certificate issued under this section remains in effect until withdrawn by the commissioner or canceled at the request of the association. Coverage for an association granted a certificate becomes effective on the date of certification or the date specified in the certificate.
4. The commissioner shall not grant a request to cancel a certificate unless the association has insured or reinsured all incurred obligations with an insurer authorized to do business in this state pursuant to an agreement filed with and approved by the commissioner. The agreement must include coverage for actual claims and claims filed with the association but not reported, and the expenses associated with those claims.
Sec. 28. 1. An association certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under this chapter and chapter 617 of NRS.
2. An association is not required to pay the premiums required of other employers pursuant to this chapter and chapter 617 of NRS but is relieved from other liability for personal injury to the same extent as are other employers.
3. The claims of employees and their beneficiaries resulting from injuries while in the employment of a member of an association must be handled in the manner provided by this chapter, and the association is subject to the regulations of the department with respect thereto.
4. The security deposited pursuant to section 26 of this act does not relieve an association from responsibility for the administration of claims and payment of compensation under this chapter.
Sec. 29. 1. An association of self-insured public or private employers must be operated by a board of trustees consisting of at least five members whom the members of the association elect for terms set forth in the bylaws of the association. If the association is an association of self-insured:
(a) Public employers, the members of the board of trustees must be officers or employees of the public employers who are members of the association.
(b) Private employers, at least two-thirds of the members of the board of trustees must be employees, officers or directors of the members of the association. No third-party administrator or service company employed by the association, or any owner, officer, employee or other person affiliated with the third-party administrator or the service company, may serve as a member of the board of trustees. Each member of the board of trustees must be a resident of this state or an officer of a corporation authorized to do business in this state.
2. The board of trustees of an association shall:
(a) Ensure the prompt payment of any compensation due under this chapter or chapter 617 of NRS.
(b) Take such actions as are necessary to protect the assets of the association.
κ1993 Statutes of Nevada, Page 673 (CHAPTER 265, SB 316)κ
(c) Employ full time a third-party administrator to carry out the policies of the board of trustees, provide administrative services and manage claims, unless the association is licensed as a third-party administrator.
(d) Employ an independent certified public accountant to prepare the statement of financial condition required by section 37 of this act.
(e) Maintain minutes of its meetings and make the minutes available for inspection by the commissioner.
3. The board of trustees of an association shall not:
(a) Extend credit to any member of the association for the payment of that members annual assessment, except pursuant to a payment plan approved by the commissioner.
(b) Borrow any money from the association or in the name of the association, except in the ordinary course of its business, without the prior approval of the commissioner.
Sec. 30. 1. The board of trustees of an association of self-insured public or private employers is responsible for the money collected and disbursed by the association.
2. The board of trustees shall:
(a) Establish a claims account in a federally insured financial institution in this state approved by the commissioner. Except as otherwise provided in subsection 3, at least 75 percent of the annual assessment collected by the association from its members must be deposited in this account to pay:
(1) Claims;
(2) Expenses related to those claims;
(3) The costs associated with the associations policy of excess insurance; and
(4) Assessments, payments and penalties related to the subsequent injury fund and the uninsured employers claim fund.
(b) Establish an administrative account in a federally insured financial institution in this state approved by the commissioner. The amount of the annual assessment collected by the association that is not deposited in its claims account must be deposited in this account to pay the administrative expenses of the association.
3. The commissioner may authorize an association to deposit less than 75 percent of its annual assessment in its claims account if the association presents evidence to the satisfaction of the commissioner that:
(a) More than 25 percent of the associations annual assessment is needed to maintain its programs for loss control and occupational safety; and
(b) The associations policy of excess insurance attaches at less than 75 percent.
4. The board of trustees may invest the money of the association not needed to pay the obligations of the association pursuant to chapter 682A of NRS.
5. The commissioner shall review the accounts of an association established pursuant to this section at such times as he deems necessary to ensure compliance with the provisions of this section.
Sec. 31. 1. A service company employed by an association of self-insured public or private employers, or an employee, officer or director of such a company, may not have a direct or indirect financial interest in the third-party administrator of the association.
κ1993 Statutes of Nevada, Page 674 (CHAPTER 265, SB 316)κ
company, may not have a direct or indirect financial interest in the third-party administrator of the association.
2. The third-party administrator of an association of self-insured public or private employers, or an employee, officer or director of the third-party administrator, may not be an employee, officer or director of a service company employed by the association or have a direct or indirect financial interest in that service company.
3. Any contract entered into by an association of self-insured public or private employers and a service company or third-party administrator must include a provision which states that, unless the commissioner otherwise provides, the service company or third-party administrator shall administer any claim or other obligation of the association to its conclusion during the period of the contract.
Sec. 32. 1. If an employer wished to become a member of an association of self-insured public or private employers, the employer must:
(a) Submit an application for membership to the board of trustees or third-party administrator of the association; and
(b) Enter into an indemnity agreement as required by section 26 of this act.
2. The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.
3. A member of an association may terminate his membership at any time.
4. The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.
5. The association shall:
(a) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and
(b) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph (a), unless the association first receives notice from the administrator that the member has:
(1) Provided and secured compensation according to the terms, conditions and provisions of this chapter for any injury sustained by an employee arising out of and in the course of his employment;
(2) Been certified as a self-insured employer pursuant to NRS 616.293; or
(3) Become a member of another association of self-insured public or private employers.
6. An association is liable for the payment of any compensation required to be paid by a member of the association under this chapter or chapter 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of such compensation.
Sec. 33. An association of self-insured public or private employers shall notify the commissioner of any change in the information submitted in its application for certification or in the manner of its compliance with section 26 of this act not later than 30 days after the change.
κ1993 Statutes of Nevada, Page 675 (CHAPTER 265, SB 316)κ
Sec. 34. 1. The commissioner may examine the books, records, accounts and assets of an association of self-insured public or private employers as he deems necessary to carry out the provisions of sections 25 to 51, inclusive, of this act.
2. The expense of any examination conducted pursuant to this section must be paid by the association.
Sec. 35. An association of self-insured public or private employers shall be deemed to have appointed the commissioner as its resident agent to receive any initial legal process authorized by law to be served upon the association for as long as the association is obligated to pay any compensation under this chapter or chapter 617 of NRS.
Sec. 36. 1. An association of self-insured public employees may merge with another association of self-insured public employers if:
(a) The resulting association assumes in full all obligations of the merging associations; and
(b) The merger is approved by the commissioner.
2. An association of self-insured private employers may merge with another association of self-insured private employers if:
(a) The members of the merging associations are engaged in the same or similar classifications of employment;
(b) The resulting association assumes in full all obligations of the merging associations; and
(c) The merger is approved by the commissioner.
3. The commissioner shall conduct a hearing on the proposed merger if any member of the merging associations so requests. The commissioner may on his own motion conduct such a hearing.
Sec. 37. 1. An association of self-insured public or private employers shall file with the commissioner an audited statement of financial condition prepared by an independent certified public accountant. The statement must be filed on or before April 1 of each year or within 90 days after the conclusion of the associations fiscal year, and contain information for the previous fiscal year.
2. The statement required by subsection 1 must be in a form prescribed by the commissioner and include, without limitation:
(a) A statement of the reserves for:
(1) Actual claims and expenses;
(2) Claims filed with the association but not reported, and the expenses associated with those claims;
(3) Assessments that are due, but not paid; and
(4) Unpaid debts, which must be shown as liabilities.
(b) An actuarial opinion regarding reserves that is prepared by a member of the American Academy of Actuaries or another specialist in loss reserves identified in the annual statement adopted by the National Association of Insurance Commissioners. The actuarial opinion must include a statement of:
(1) Actual claims and the expenses associated with those claims; and
(2) Claims filed with the association but not reported, and the expenses associated with those claims.
κ1993 Statutes of Nevada, Page 676 (CHAPTER 265, SB 316)κ
3. The commissioner may adopt a uniform financial reporting system for associations of self-insured public and private employers to ensure the accurate and complete reporting of financial information.
4. The commissioner may require the filing of such other reports as he deems necessary to carry out the provisions of this section, including, without limitation:
(a) Audits of the payrolls of the members of an association of self-insured public or private employers;
(b) Reports of losses; and
(c) Quarterly financial statements.
Sec. 38. 1. Except as otherwise provided in subsection 2, the annual assessment required to be paid by each member of an association of self-insured public or private employers must be calculated by a rating organization approved by the commissioner and based on the premium rate for the standard industrial classification of that member, adjusted by the members individual experience. If approved by the commissioner, payments of assessments may be reduced by an amount based on the associations level of expenses and loss experience.
2. If approved by the commissioner, an association may calculate the annual assessment required to be paid by each member of the association. An assessment calculated by the association must be based on at least 5 years of the members individual experience.
Sec. 39. 1. The commissioner shall cause to be conducted at least annually an audit of each association of self-insured public or private employers in order to verify:
(a) The standard industrial classification of each member of the association;
(b) The individual experience of each member of the association;
(c) The payroll of each member of the association; and
(d) The assessment required to be paid by each member of the association.
2. The audit required by this section must be conducted by an auditor approved by the commissioner.
3. A report of the audit must be filed with the commissioner in a form required by the commissioner.
4. The association or any member of the association may request a hearing before the commissioner to object to any standard industrial classification assigned to a member of the association as a result of the audit. If the commissioner determines that the assessment required to be paid by any member of the association is:
(a) Insufficient because of the standard industrial classification assigned to him, the commissioner shall order the association to collect from that member any amount required to recover the deficiency.
(b) Excessive because of the standard industrial classification assigned to him, the commissioner shall order the association to pay to the member the excess amount collected.
5. The expenses of any audit conducted pursuant to this section must be paid by the association.
Sec. 40. 1. If the assets of an association of self-insured public or private employers exceed the amount necessary for the association to:
κ1993 Statutes of Nevada, Page 677 (CHAPTER 265, SB 316)κ
(a) Pay its obligations and administrative expenses;
(b) Carry reasonable reserves; and
(c) Provide for contingencies,
the board of trustees of the association may, after obtaining the approval of the commissioner, declare and distribute dividends to the members of the association.
2. Any dividend declared pursuant to subsection 1 must be distributed not less than 12 months after the end of the fiscal year.
3. A dividend may be paid only to those members who are members of the association for the entire fiscal year. The payment of a dividend must not be conditioned upon the member continuing his membership in the association after the fiscal year.
4. An association shall give to each prospective member of the association a written description of its plan for distributing dividends when he applies for membership in the association.
Sec. 41. 1. Each association of self-insured public or private employers shall adopt a plan for the payment of annual assessments by the members of the association which must be approved by the commissioner.
2. The plan must include a requirement for:
(a) An initial payment, in advance, of a portion of the annual assessment due from each member of the association. If the association is an association of self-insured public employers, the initial payment must be in an amount approved by the commissioner. If the association is an association of self-insured private employers, the initial payment must be in an amount equal to at least 25 percent of the members annual assessment.
(b) Payment of the balance of the annual assessment due in quarterly or monthly installments.
Sec. 42. Each association of self-insured public or private employers shall maintain:
1. Actuarially appropriate loss reserves. Such reserves must include reserves for:
(a) Actual claims and the expenses associated with those claims; and
(b) Claims filed with the association but not reported, and the expenses associated with those claims.
2. Reserves for uncollected debts based on the experience of the association or other associations.
Sec. 43. 1. If the assets of an association of self-insured public or private employers are insufficient to make certain the prompt payment of all compensation under this chapter and chapter 617 of NRS and to maintain the reserves required by section 42 of this act, the association shall immediately notify the commissioner of the deficiency and:
(a) Transfer any surplus acquired from a previous fiscal year to the current fiscal year to make up the deficiency;
(b) Transfer money from its administrative account to its claims account;
(c) Collect an additional assessment from its members in an amount required to make up the deficiency; or
(d) Take any other action to make up the deficiency which is approved by the commissioner.
κ1993 Statutes of Nevada, Page 678 (CHAPTER 265, SB 316)κ
2. If the association wishes to transfer any surplus from one fiscal year to another, the association must first notify the commissioner of the transfer.
3. The commissioner shall order the association to make up any deficiency pursuant to subsection 1 if the association fails to do so within 30 days after notifying the commissioner of the deficiency. The association shall be deemed insolvent if it fails to:
(a) Collect an additional assessment from its members within 30 days after being ordered to do so by the commissioner; or
(b) Make up the deficiency in any other manner within 60 days after being ordered to do so by the commissioner.
Sec. 44. 1. The commissioner may issue an order requiring an association of self-insured public or private employers or a member of the association to cease and desist from engaging in any act or practice found to be in violation of any provision of sections 25 to 51, inclusive, of this act, or any regulation adopted pursuant thereto.
2. If the commissioner determines that an association or a member of the association has violated an order to cease and desist, the commissioner may impose an administrative fine of not more than $10,000 for each violation of the order, not to exceed an aggregate amount of $100,000, or withdraw the certificate of the association, or both.
Sec. 45. 1. The commissioner may impose an administrative fine for each violation of any provision of sections 25 to 51, inclusive, of this act, or any regulation adopted pursuant thereto. Except as otherwise provided in those sections, the amount of the fine may not exceed $1,000 for each violation or an aggregate amount of $10,000.
2. The commissioner may withdraw the certificate of an association of self-insured public or private employers if:
(a) The associations certificate was obtained by fraud;
(b) The application for certification contained a material misrepresentation;
(c) The association is found to be insolvent;
(d) The association fails to have five or more members;
(e) The association fails to pay the costs of any examination or any penalty, fee or assessment required by the provisions of this chapter;
(f) The association fails to comply with any of the provisions of this chapter or any regulation adopted pursuant thereto;
(g) The association fails to comply with any order of the commissioner within the time prescribed by the provisions of this chapter or in the order of the commissioner; or
(h) The association or its third-party administrator misappropriates, converts, illegally withholds or refuses to pay any money to which a person is entitled and that was entrusted to the association in its fiduciary capacity.
3. If the commissioner withdraws the certification of an association of self-insured public or private employers, each employer who is a member of the association remains liable for his obligations incurred before and after the order of withdrawal.
4. Any employer who is a member of an association whose certification is withdrawn shall, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616.305.
κ1993 Statutes of Nevada, Page 679 (CHAPTER 265, SB 316)κ
Sec. 46. 1. Before any action may be taken pursuant to subsection 2, the commissioner shall arrange an informal meeting with an association of self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association.
2. Before the withdrawal of the certificate of any association of self-insured public or private employers, the commissioner shall give written notice to the association by certified mail that its certificate will be withdrawn 10 days after receipt of the notice unless, within that time, the association corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.
3. If the association requests a hearing:
(a) The commissioner shall set a date for a hearing within 20 days after receiving the request and give the association at least 10 business days notice of the time and place of the hearing.
(b) A record of the hearing must be kept, but it need not be transcribed unless requested by the association with the cost of transcription to be charged to the association.
(c) Within 5 business days after the hearing, the commissioner shall either affirm or disaffirm the withdrawal and give the association written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the association receives notice of the affirmance unless within that period the association corrects the conduct which was ground for the withdrawal or petitions for judicial review of the affirmance.
4. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.
Sec. 47. 1. If for any reason the status of an association of self-insured public or private employers as an association of self-insured employers is terminated, the security deposited under section 26 of this act must remain on deposit for at least 36 months in such an amount as is necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by the security, or to assure the payment of claims for aggravation and payment of claims under NRS 616.545 based on such accidental injuries or occupational diseases.
2. At the expiration of the 36-month period, or such other period as the commissioner deems proper, the commissioner may accept in lieu of any security so deposited a policy of paid-up insurance in a form approved by the commissioner.
Sec. 48. Any association of self-insured public or private employers that is aggrieved by a decision of the commissioner may petition for judicial review in the manner provided by chapter 233B of NRS.
Sec. 49. 1. For the purposes of sections 25 to 51, inclusive, of this act, an association of self-insured public or private employers is insolvent if it is unable to pay its outstanding obligations as they mature in the regular course of its business.
2. If an association of self-insured public or private employers becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any voluntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation under this chapter or chapter 617 of NRS after an order for the payment of any claim becomes final, the commissioner may, after giving at lease 10 days notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the commissioner to the extent necessary to make those payments.
κ1993 Statutes of Nevada, Page 680 (CHAPTER 265, SB 316)κ
named in any voluntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation under this chapter or chapter 617 of NRS after an order for the payment of any claim becomes final, the commissioner may, after giving at lease 10 days notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the commissioner to the extent necessary to make those payments.
3. A licensed surety providing a surety bond under section 26 of this act may terminate liability on its surety bond by giving the commissioner and the association, third-party administrator or service company 90 days written notice. The termination does not limit liability that was incurred under the surety bond before the termination. If the association fails to requalify as an association of self-insured public or private employers on or before the termination date, the associations certificate is withdrawn when the termination becomes effective.
Sec. 50. 1. The commissioner may assess all associations of self-insured public or private employers to provide for claims against any insolvent association.
2. All money received from such assessments must be deposited with the state treasurer to the credit of the account for insolvent associations of self-insured public or private employers, which is hereby created in the fund for workers compensation and safety. Money in the account must be used solely to carry out the provisions of this section. All claims against the account must be paid as other claims against the state are paid. The state treasurer shall invest money in the account in the same manner and in the same securities in which he may invest money in the state general fund. Income realized from the investment of the money in the account must be credited to the account.
Sec. 51. The commissioner may adopt such regulations as are necessary to carry out the provisions of sections 25 to 51, inclusive, of this act.
Sec. 52. As used in sections 52 to 59, inclusive, of this act, unless the context otherwise requires:
1. Charge means any communication, whether oral, written, electronic or magnetic, which is used to identify specific accident benefits as reimbursable pursuant to this chapter or chapter 617 of NRS, or which may be used to determine a rate of payment pursuant to this chapter or chapter 617 of NRS.
2. Provider of health care means a person who receives or attempts to receive payment from:
(a) An insurer;
(b) A third-party administrator; or
(c) An organization for managed care which has contracted with an insurer or third-party administrator,
for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of this chapter or chapter 617 of NRS.
3. Record means any medical, professional or business record relating to:
(a) The treatment or care of an injured employee;
(b) Accident benefits provided to an injured employee; or
(c) Rates paid for such accident benefits.
κ1993 Statutes of Nevada, Page 681 (CHAPTER 265, SB 316)κ
Sec. 53. For the purposes of sections 54 and 55 of this act:
1. A person shall be deemed to know that a charge, statement or representation is false if he knows, or by virtue of his position, authority or responsibility has reason to know, of the falsity of the charge, statement or representation.
2. A person shall be deemed to have made or caused to be made a charge, statement or representation if he:
(a) Had the authority or responsibility to:
(1) Make the charge, statement or representation;
(2) Supervise another person who made the charge, statement or representation; or
(3) Authorize the making of the charge, statement or representation,
whether by operation of law, business or professional practice or office procedure; and
(b) Exercised that authority or responsibility or failed to exercise that authority or responsibility and, as a direct or indirect result, the charge, statement or representation was made.
Sec. 54. 1. A person shall not, by any act or omission:
(a) Make a charge or cause it to be made knowing the charge to be false, in whole or in part;
(b) Make or cause to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific accident benefits pursuant to this chapter or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part; or
(c) Make or cause to be made a statement or representation for use by another person to obtain accident benefits pursuant to this chapter or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part.
2. A person who violates any of the provisions of this section shall be punished:
(a) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and shall be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor.
(b) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was less than $250, for a misdemeanor, and shall be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor.
Sec. 55. 1. Each invoice for payment for accident benefits provided to an injured employee must:
(a) Contain a statement that all matters stated therein are true and accurate; and
(b) Be signed by a natural person who is the provider of health care or is authorized to act for the provider of health care.
2. A person who, by an act or omission, signs or submits, or causes to be signed or submitted, the statement required by subsection 1, knowing that the invoice contains information which is false, in whole or in part, is guilty of a gross misdemeanor.
κ1993 Statutes of Nevada, Page 682 (CHAPTER 265, SB 316)κ
invoice contains information which is false, in whole or in part, is guilty of a gross misdemeanor.
3. For the purposes of this section, a person who signs on behalf of a provider of health care is presumed to have the authorization of the provider of health care and to be acting at his direction.
4. As used in this section, to sign means to affix a signature directly or indirectly by means of handwriting, a typewriter, a stamp, a computer impulse or other means.
Sec. 56. 1. Except as otherwise provided in subsection 2, a person shall not:
(a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to this chapter or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;
(b) Sell or lease to or for the use of a provider of health care goods, services materials or supplies for which payment may be made, in whole or in part, pursuant to this chapter or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or
(c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to this chapter or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral.
2. Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:
(a) A refund or discount made in the ordinary course of business;
(b) Reflected by the books and records of the person transferring or receiving it; and
(c) Reflected in the charges submitted to the insurer.
3. A person shall not, while acting on behalf of a provider of health care pursuant to this chapter or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to this chapter or chapter 617 of NRS in connection with the provision of the accident benefits.
4. A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:
(a) Is less than $250, is guilty of a gross misdemeanor.
(b) Is $250 or more, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
Sec. 57. 1. A person who, upon submitting a charge for or upon receiving payment for accident benefits pursuant to this chapter or chapter 617 of NRS, intentionally fails to maintain such records as are necessary to disclose fully the nature of the accident benefits for which a charge was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received, is guilty of a gross misdemeanor.
κ1993 Statutes of Nevada, Page 683 (CHAPTER 265, SB 316)κ
5 years after the date on which payment was received, is guilty of a gross misdemeanor.
2. A person who fails to make such records available to the attorney general, manager or the administrator upon reasonable request is guilty of a gross misdemeanor.
3. A person who intentionally destroys such records within 5 years after the date payment was received shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 58. 1. A person who receives payment to which he is not entitled by reason of a violation of any of the provisions of section 54, 55, 56, 57 or 60 of this act is liable in a civil action commenced by the attorney general for:
(a) An amount equal to three times the amount unlawfully obtained;
(b) Not less than $5,000 for each act of deception;
(c) An amount equal to three times the total amount of the reasonable expenses incurred by the state in enforcing this section; and
(d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made.
2. A criminal action need not be brought against a person who receives payment to which he is not entitled by reason of a violation of any of the provisions of section 54, 55, 56, 57 or 60 of this act before civil liability attaches under this section.
3. A person who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the person returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.
4. Any repayment of money collected pursuant to the provisions of this section must be paid to the insurer who made the payment to the person who violated the provisions of this section. Any payment made to an insurer may not exceed the amount paid by the insurer to that person. If the insurer is the system the system shall deposit any repayment of money collected pursuant to this section with the state treasurer for credit to the state insurance fund.
5. Any penalty collected pursuant to the provisions of this section must be used to pay the salaries and other expenses of the fraud control unit for industrial insurance established pursuant to section 237 of this act.
Sec. 59. 1. An insurer may withhold any payment due a provider of health care pursuant to the provisions of this chapter or chapter 617 of NRS, in whole or in part, upon receipt of reliable evidence that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment. The insurer may withhold such a payment without first notifying the provider of health care of its intention to do so.
2. The insurer shall, within 5 days after withholding such a payment, send notice of the withholding to the provider of health care by certified mail. The notice must:
(a) Set forth the factual basis for the withholding, but need not disclose specific information regarding the insurers investigation;
κ1993 Statutes of Nevada, Page 684 (CHAPTER 265, SB 316)κ
(b) Indicate that the payment is being withheld pursuant to the provisions of this section;
(c) Indicate that the payment is being withheld temporarily, as set forth in subsection 4, and describe the circumstances under which the withholding will be terminated;
(d) Specify the charge submitted by the provider of health care for which the payment is being withheld; and
(e) Notify the provider of health care of his right to appeal the withholding.
3. A provider of health care may appeal the decision of the insurer to withhold payment to an appeals officer pursuant to NRS 616.5426.
4. Any payment withheld pursuant to the provisions of this section must be made to the provider of health care if:
(a) The insurer or the attorney general determines that there is insufficient evidence to prove that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment; or
(b) A final judgment or decree was rendered in favor of the provider of health care in a criminal proceeding arising out of the alleged misconduct.
Sec. 60. Any person who conspires with any other person to violate any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, of this act is guilty of a gross misdemeanor.
Sec. 61. 1. The attorney general may prosecute all criminal actions for the violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act.
2. Upon request, any person shall furnish to the attorney general information which would assist in the prosecution of any person alleged to have violated any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act. Any person who fails to furnish such information upon request is guilty of a misdemeanor.
Sec. 62. 1. The books, records and payrolls of an employer pertinent to the investigation of a violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, or section 60 of this act, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance, must always be open to inspection by an investigator for the attorney general for the purpose of ascertaining the correctness of such information and as may be necessary for the attorney general to carry out his duties pursuant to section 237 of this act.
2. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an investigation conducted by the fraud control unit for industrial insurance, the attorney general may issue a subpena to require the production of that document.
3. If an employer refuses to produce any document as required by the subpena, the attorney general may report to the district court by petition, setting forth that:
κ1993 Statutes of Nevada, Page 685 (CHAPTER 265, SB 316)κ
(a) Due notice has been given of the time and place of the production of the document;
(b) The employer has been subpenaed by the attorney general pursuant to this section; and
(c) The employer has failed or refused to produce the document required by the subpena,
and asking for an order of the court compelling the employer to produce the document.
4. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not produced the document. A certified copy of the order must be served upon the employer.
5. If it appears to the court that the subpena was regularly issued by the attorney general, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.
Sec. 63. If a claimant is convicted of violating any of the provisions of NRS 616.630, 616.635, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act, he:
1. Forfeits all rights to compensation under this chapter or chapter 617 of NRS after conviction for the offense; and
2. Is liable for the reasonable costs incurred by the insurer to investigate and act upon the violation, and for the payments or benefits fraudulently obtained.
Sec. 64. Except as otherwise provided in NRS 616.260, 616.370 and 616.520, no penalty or remedy provided in this chapter is exclusive of any other penalty or remedy, but is cumulative and in addition to every other penalty or remedy and may be exercised without exhausting and without regard to any other penalty or remedy provided by this chapter or any other statute.
Sec. 65. No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if he, without malice, discloses information relating to a violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, or section 60 of this act, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.
Sec. 66. 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 to the system 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, is liable in a civil action for the payment of any premium, interest and penalties owed to the system and the reasonable costs incurred by the system to investigate and act upon such conduct.
κ1993 Statutes of Nevada, Page 686 (CHAPTER 265, SB 316)κ
2. The system shall not insure any business which engages in the conduct described in subsection 1 unless the premium and any interest and penalties owed to the system have been paid.
3. As used in this section, business includes, but is not limited to, a firm, sole proprietorship, voluntary association or private corporation.
Secs. 67-71. (Omitted in amendment.)
Sec. 72. 1. The system shall comply with:
(a) Those provisions of Title 57 of NRS designated by regulations adopted by the commissioner; and
(b) Any orders issued to the system by the commissioner.
2. Such regulations and orders must comply with the provisions of this chapter and chapter 617 of NRS, including, but not limited to, those provisions governing the investments and operations of the system.
3. The commissioner shall not require the system to pay any licensing fees, assessments or taxes paid to the department of insurance by insurers licensed pursuant to Title 57 of NRS.
4. The system shall pay the costs of any examination of the system conducted by the commissioner, as required by NRS 679B.290, upon presentation by the commissioner of a reasonably detailed written statement of the expenses of the examination.
Sec. 73. 1. Except as otherwise provided in this section and NRS 616.380, each employer insured by the system shall pay a deductible toward the total amount of accident benefits required to be paid for each claim filed by an employee pursuant to this chapter or chapter 617 of NRS. The amount of the employers premium must not be adjusted based on the deductible required to be paid pursuant to this subsection. The amount of the required deductible:
(a) For an employer not described in paragraph (b), is an amount equal to the amount of those accident benefits or $100, whichever is less.
(b) For an employer who has been identified pursuant to NRS 616.380 as having excessive losses, is an amount equal to the amount of those accident benefits or $1,000, whichever is less.
2. In addition to paying the deductible required by subsection 1, the manager may offer an employer insured by the system the option of selecting coverage that requires the employer to pay an additional deductible, in an amount agreed to by the manager and the employer. If an employer chooses such coverage:
(a) The premium he is required to pay must be reduced by the manager based on the amount of the additional deductible paid by the employer. The amount of the reduction must be determined by the manager after giving consideration to the solvency of the employer and his ability to pay the additional deductible.
(b) The manager may require the employer to execute and deliver to the system a performance bond in an amount determined by the manager and conditioned upon the ability of the employer to pay the additional deductible. The manager may not require an employer to pay an additional deductible pursuant to this subsection.
3. Except as otherwise provided in subsection 4, at the end of each billing period, but not less than quarterly, the manager shall bill each employer for the amount he owes pursuant to subsection 1 or 2 for the preceding billing period.
κ1993 Statutes of Nevada, Page 687 (CHAPTER 265, SB 316)κ
the amount he owes pursuant to subsection 1 or 2 for the preceding billing period. If an employer fails to pay this amount to the system on or before the date of which his next payment for premium is due:
(a) The system shall not continue to insure the employer; and
(b) The system may use any security on deposit pursuant to NRS 616.395 to recover the amount owed to the system in accordance with this section.
4. If the manager contracts with one or more organizations for managed care pursuant to sections 74, 75 and 76 of this act, the system shall bill the employer for the amount owed pursuant to subsection 1 or 2 for each claim. If the employer fails to reimburse the system within 60 days, the system:
(a) Shall pay the amount owed to the organization for managed care;
(b) Shall provide written notification to the employer that it has paid the organization for managed care on its behalf; and
(c) Shall not continue to insure the employer if the employer fails to reimburse the system within 10 days after receipt of the notification.
The system may use any security on deposit pursuant to NRS 616.395 to recover the amount owed to the system in accordance with this section.
5. The administrator shall impose an administrative fine of not more than $1,000 against any employer who fails to comply with any of the provisions of this section.
Sec. 74. 1. Except as otherwise provided in sections 75 to 75.6, inclusive, of this act the manager may enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to injured employees whose employers are insured by the system for injuries and diseases that are compensable under this chapter and chapter 617 of NRS.
2. The selection of such an organization must be made from bids received in accordance with the provisions of NRS 333.300 to 333.335, inclusive, 333.350 and 333.370.
3. The manager shall establish the criteria for the selection of an organization for managed care. The criteria established by the manager must not prohibit any organization for managed care from submitting a bid.
4. A bid must be submitted to the manager in such form and manner as the manager may prescribe and must contain the following information, without limitation:
(a) A copy of the basic organizational document, if any, of the bidder, and all amendments thereto.
(b) A list of the names, addresses, and official positions of the persons who are to be responsible for the conduct of the affairs of the bidder, including all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the officers if the bidder is a corporation, and the partners or members if the bidder is a partnership or association.
(c) A copy of any contract made or to be made between any providers of health care and the bidder.
(d) Certified financial statements showing the bidders assists, liabilities and sources of financial support.
(e) A list of the names of all persons who will provide medical and health care services under the proposed plan and evidence of compliance with any licensing or certification requirements for those persons to practice in this state.
κ1993 Statutes of Nevada, Page 688 (CHAPTER 265, SB 316)κ
licensing or certification requirements for those persons to practice in this state.
(f) A description of the times, places and manner of providing medical and health care services under the proposed plan.
(g) Evidence of an ability to comply with any financial requirements to ensure delivery of medical and health care services in accordance with the proposed plan.
(h) Any additional information regarding the proposed plan that the manager requires.
5. After the selection of an organization for managed care, the bids received by the manager and the records related to the bidding are subject to review by any member of the public upon request.
Sec. 75. The manager shall not enter into a contract with an organization for managed care unless:
1. The provisions of the contract are approved by the commissioner;
2. The contract contains a provision authorizing the manager to cancel the contract, by written notice, if the manager determines that:
(a) The organizations plan for providing medical and health care services does not comply with the requirements of this section; or
(b) Services under the organizations plan are not being provided in accordance with the terms of the contract;
3. The organization has been issued a certificate of authority by the commissioner pursuant to chapter 695F of NRS; and
4. The organizations proposed plan for providing medical and health care services:
(a) Will provide all medical and health care services that may be required for industrial injuries and occupational diseases that are compensable under this chapter and chapter 617 of NRS, in a manner that assures the availability and accessibility of adequate treatment to injured employees;
(b) Does not exclude from participation in the proposed plan any category of providers of health care who are required to be licensed or certified to practice in this state and willing to comply with the terms and conditions required by the organization to participate in the proposed plan;
(c) Gives injured employees an adequate choice of providers of health care who have contracted with the organization to participate in the proposed plan;
(d) Ensures that, if medical and health care services are to be provided by the organization:
(1) In a county whose population is 50,000 or more, an injured employee residing or employed in that county may choose the services of any provider of health care located in that county or an adjacent county if the employees residence is not within a 20-mile radius of a provider of health care who has contracted with the organization to participate in the plan and provide the services required by the employee; and
(2) In a county whose population is less than 50,000, an injured employee residing or employed in that county may choose the services of any provider of health care located in that county or an adjacent county;
(e) Provides appropriate financial incentives to reduce costs of medical and health care services without affecting the quality of care provided;
κ1993 Statutes of Nevada, Page 689 (CHAPTER 265, SB 316)κ
(f) Includes procedures for auditing bills submitted by providers of health care;
(g) Includes procedures for obtaining approval for all major medical procedures before they are performed;
(h) Provides adequate procedures for assuring the quality of care provided, including peer review, utilization review and the resolution of disputes that:
(1) Prevent inappropriate or excessive treatment;
(2) Exclude providers of health care who do not comply with the standards of treatment adopted by the organization; and
(3) Provide for the resolution of complaints submitted to the organization pursuant to section 79 of this act; and
(i) Provides a program for returning injured workers to work as soon as possible.
Sec. 75.2. The manager shall not enter into a contract with an organization for managed care if the contract provides that the services rendered by the organization will be paid for on a periodic prepaid basis, without regard to the extent of services actually furnished, and will be based solely on the number of employees who will be receiving services through the organization.
Sec. 75.4. 1. The manager shall not enter into a contract with an organization for managed care to provide comprehensive medical and health care services in a county whose population is 100,000 or more if a legal or beneficial owner of the organization, any person responsible for the management of the organization, or any member of the immediate family of such an owner or person is also the legal or beneficial owner or a person responsible for the management of another organization for managed care that has contracted with the manager to provide such services in the same county.
2. As used in this section, member of the immediate family means a grandparent, parent, stepparent, spouse, brother, sister, half brother, half sister, natural born child, adopted child, stepchild or grandchild.
Sec. 75.6. 1. In a county whose population is 100,000 or more, but less than 400,000:
(a) The manager shall contract with at least five organizations for managed care if he chooses to provide medical and health care services to injured employees in that county through a system of managed care.
(b) An organization for managed care that has contracted with the manager may provide medical and health care services to not more than 34 percent of the employees in the county who are insured by the system.
2. In a county whose population is 400,000 or more:
(a) The manager shall contract with at least seven organizations for managed care if he chooses to provide medical and health care services to injured employees in that county through a system of managed care.
(b) An organization for managed care that has contracted with the manager may provide medical and health care services to not more than 25 percent of the employees in the county who are insured by the system.
Sec. 76. An organization for managed care that enters into a contract with the manager pursuant to section 74 of this act shall submit to the manager such reports as he deems necessary to enable him to determine the effectiveness of the organizations plan for providing medical and health care services to injured employees.
κ1993 Statutes of Nevada, Page 690 (CHAPTER 265, SB 316)κ
effectiveness of the organizations plan for providing medical and health care services to injured employees.
Sec. 77. 1. The manager shall cause to be conducted such independent evaluations as he deems necessary of the medical and health care services provided by an organization for managed care and providers of health care to injured employees who are insured by the system.
2. The manager shall contract with a private person to conduct such evaluations.
3. An independent evaluation conducted pursuant to this section must include:
(a) An audit of the records of an organization for managed care or a provider of health care to determine the appropriateness and necessity of the medical and health care services provided to injured employees who are insured by the system;
(b) A review of the procedures established by an organization for managed care for utilization review, the standards of care adopted by the organization and the effectiveness of the organizations plan for providing medical and health care services to injured employees who are insured by the system; and
(c) An evaluation of such other procedures used by an organization for managed care to ensure the quality of care provided, including, without limitation:
(1) The methods used to approve major medical procedures before they are performed;
(2) The procedures for determining the appropriateness of stays in hospitals;
(3) Peer reviews; and
(4) The procedures used to review the services provided to injured employees.
4. Any person performing an independent evaluation pursuant to this section may require an organization for managed care or a provider of health care to submit such information as is necessary to evaluate properly the medical and health care services provided to injured employees who are insured by the system.
Sec. 78. A self-insured employer may:
1. Enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to his employees for injuries and diseases that are compensable under this chapter and chapter 617 of NRS.
2. Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to his employees for injuries and diseases that are compensable under this chapter and chapter 617 of NRS.
3. Use the services of an organization for managed care that has entered into a contract with the manager pursuant to section 74 of this act, but is not required to use such services.
4. Require his employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom he has contracted pursuant to subsections 1 and 2, or as he otherwise prescribes.
κ1993 Statutes of Nevada, Page 691 (CHAPTER 265, SB 316)κ
has contracted pursuant to subsections 1 and 2, or as he otherwise prescribes.
5. Require his employees to obtain his approval before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer.
Sec. 79. 1. Except as otherwise provided in subsection 2, any person who is aggrieved by a determination of an insurer who has contracted with an organization for managed care that relates to accident benefits must, before requesting a resolution of the dispute pursuant to NRS 616.5422 to 616.544, inclusive, appeal that determination in accordance with the procedure for resolving complaints established by the organization for managed care.
2. If a person appeals a determination pursuant to a procedure for resolving complaints established by an organization for managed care and the dispute is not resolved within 14 days after it is submitted, he may request a resolution of the dispute pursuant to NRS 616.5422 to 616.544, inclusive.
Sec. 80. 1. If a person wishes to contest an administrative fine imposed by the administrator pursuant to this chapter or chapter 617 of NRS, he must file a notice of appeal with the division within 30 days after the fine is imposed, showing why the proposed fine should not be imposed against him.
2. If a notice of appeal is filed as required by subsection 1, the administrator shall issue a complaint setting forth the factual basis for his determination that a violation has occurred. The person against whom a complaint is issued shall file an answer to the complaint within 30 days after the complaint is issued. If the person desires a hearing on the matter, by a request for hearing. If an answer and a request for hearing are filed as required by this subsection, the administrator shall set a date for a hearing on the matter, which must be no sooner than 30 days after the answer and request for hearing are filed.
3. If a notice of appeal or an answer is not filed as required by this section, the imposition of the fine shall be deemed a final order and is not subject to review by any court or agency.
4. Except as otherwise provided in NRS 616.425, a hearing held pursuant to this section must be conducted by the administrator or a person designated by him. A record of the hearing must be kept but it need not be transcribed unless it is requested by the person against whom the order or notice of violation has been issued and that person pays the cost of transcription. A written decision affirming or reversing the imposition of the fine must be rendered.
5. An administrative fine imposed pursuant to this chapter or chapter 617 of NRS must be paid to the division. If the violation for which the fine is levied was committed by a person while acting within the course and scope of his agency or employment, the fine must be paid by his principal or employer. The fine may be recovered in a civil action brought in the name of the division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his principal place of business.
Secs. 81 and 82. (Omitted in amendment.)
Sec. 83. 1. If an employee of an employer who is insured by the system has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for a disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must not be charged to the employers account.
κ1993 Statutes of Nevada, Page 692 (CHAPTER 265, SB 316)κ
subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for a disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must not be charged to the employers account.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must not be charged to the employers account.
3. The manager may adopt regulations which are necessary to carry out the requirements of this section.
4. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented pursuant to NRS 616.427.
Sec. 84. NRS 616.015 is hereby amended to read as follows:
616.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, and sections 5, 6 and 10 of this act, have the meanings ascribed to them in those sections.
Sec. 84.5. NRS 616.015 is hereby amended to read as follows:
616.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, and sections 4.5, 5, 6 and 10 of this act, have the meanings ascribed to them in those sections.
Sec. 85. NRS 616.015 is hereby amended to read as follows:
616.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, and sections [4.5, 5, 6 and] 3 to 10 , inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 86. NRS 616.025 is hereby amended to read as follows:
616.025 1. Accident benefits means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including [artificial members.] prosthetic devices.
2. The term includes medical benefits as defined by NRS 617.130 and any preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment.
3. The term does not include:
(a) Exercise equipment, a hot tub or a spa for an employees home;
(b) Membership in an athletic or health club;
(c) Except as otherwise provided in NRS 616.515, a motor vehicle; or
κ1993 Statutes of Nevada, Page 693 (CHAPTER 265, SB 316)κ
(d) The costs of operating a motor vehicle provided pursuant to NRS 616.515, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.
Sec. 87. NRS 616.027 is hereby amended to read as follows:
616.027 1. Except as otherwise provided in subsection 3, average monthly wage means the lesser of:
(a) The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee , excluding remuneration from employment:
(1) Not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act; and
(2) [Specified in NRS 616.255 or 617.180; and
(3)] For which coverage is elective, but has not been elected; or
(b) One hundred fifty percent of the state average weekly wage as most recently computed by the employment security department during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.
2. For the purposes of [this section, wage is] subsection 1:
(a) The date of the accident or injury to the employee must be determined pursuant to NRS 616.625.
(b) Wage:
(1) Does not include any amount paid by an employer for health insurance that covers an employee or his dependents, or both.
(2) Is increased by the amount of tips reported by an employee to his employer pursuant to 26 U.S.C. § 6053(a), except:
[(a)] (I) Tips in a form other than cash; and
[(b)] (II) Tips in case which total less than $20 per month.
3. For the purpose of increasing compensation for permanent total disability pursuant to NRS 616.6262 or increasing death benefits pursuant to NRS 616.6282, average monthly wage has the meaning shown in the following schedule:
Average Monthly Wage
Effective Date for Prior Fiscal Year
July 1, 1973 ........................................................................... $688.60
July 1, 1974 ........................................................................... 727.48
July 1, 1975 ........................................................................... 761.47
July 1, 1976 ........................................................................... 807.33
July 1, 1977 ........................................................................... 858.29
July 1, 1978 ........................................................................... 918.05
July 1, 1979 ........................................................................... 992.31
July 1, 1980 ........................................................................... 1,061.24
Sec. 88. (Omitted in amendment.)
Sec. 89. NRS 616.067 is hereby amended to read as follows:
616.067 Persons who perform volunteer work in any formal program which is being conducted:
1. Within a state or local public organization;
2. By a federally assisted organization; or
3. By a private, incorporated, nonprofit organization which provides services to the general community, and who are not specifically covered by any other provisions of this chapter, while engaged in such volunteer work, may be deemed by the system, or by a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, for the purposes of this chapter, as employees of that organization at a wage of $100 per month .
κ1993 Statutes of Nevada, Page 694 (CHAPTER 265, SB 316)κ
and who are not specifically covered by any other provisions of this chapter, while engaged in such volunteer work, may be deemed by the system, or by a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, for the purposes of this chapter, as employees of that organization at a wage of $100 per month . [and] Such persons are entitled to the benefits of this chapter when the organization approves coverage and complies with the provisions of this chapter and regulations adopted pursuant to it.
Sec. 90. NRS 616.068 is hereby amended to read as follows:
616.068 Persons other than students who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of this chapter, while engaging in that volunteer work, may be deemed by the system, or by a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, for the purposes of this chapter, as employees of the public agency at a wage of $100 per month . [and] Such persons are entitled to the benefits of this chapter when the public agency complies with the provisions of this chapter and the regulations adopted under it.
Sec. 91. NRS 616.110 is hereby amended to read as follows:
616.110 1. Injury [and] or personal injury means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result [,] which is established by medical evidence, including injuries to [artificial members.] prosthetic devices. Any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.
2. For the purposes of this chapter [, coronary] :
(a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.
[3. For the purposes of this chapter, the]
(b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.
Sec. 92. NRS 616.1103 is hereby amended to read as follows:
616.1103 Insurer includes the state industrial insurance system [,] and self-insured employers . [and those employers covered under the provisions of NRS 616.255 and 616.256.]
Sec. 93. NRS 616.1103 is hereby amended to read as follows:
616.1103 Insurer includes [the] :
1. The state industrial insurance system [and self-insured employers.] ;
2. A self-insured employer;
3. An association of self-insured public employers; and
4. An association of self-insured private employers.
κ1993 Statutes of Nevada, Page 695 (CHAPTER 265, SB 316)κ
Sec. 94. NRS 616.1701 is hereby amended to read as follows:
616.1701 1. The state industrial insurance system is hereby established as an independent actuarially funded system for the purpose of insuring employers against liability for injuries and occupational diseases for which their employees may be entitled to benefits under this chapter or chapter 617 of NRS, and the federal Longshoremens and Harbor Workers Compensation Act.
2. The system is a public agency which administers and is supported by the state insurance fund. The executive and legislative departments of the state government shall regularly review the system.
3. The system is entitled to use any services provided to state agencies, and must use the services of the purchasing division of the department of general services. The system is not required to use [any other service.] the services provided by any other state agency. Except as otherwise provided for specified positions, its employees are in the classified service of the state.
4. The official correspondence and records, including financial records, other than the files of individual claimants and policyholders, and the minutes and books of the system are public records and must be available for public inspection.
Secs. 95-97. (Omitted in amendment.)
Sec. 98. NRS 616.1709 is hereby amended to read as follows:
616.1709 The [board] governor shall:
1. Appoint the manager, who shall serve at the pleasure of the [board.] governor.
2. Approve annual and biennial budgets of the system.
3. Approve investment policies of the system.
4. Approve the appointment of investment counselors and custodians of investments.
5. Approve the designation of banks as collection depositories.
6. Approve the appointment of an independent actuary and arrange for an annual actuarial valuation and report of the soundness of the system as prepared by the independent actuary.
7. Appoint an independent certified accountant who shall provide an annual audit of the system and report to the [board.] governor.
8. Before each legislative session, report to the [governor and the] legislature on the operation of the system and any recommendation for legislation which [the board] he deems appropriate.
9. On [its] his own initiative or at the request of the manager, review any matter related to the operation of the system and [make such advisory recommendations] give such directions to the manager as [the board] he deems appropriate.
Sec. 98.5. NRS 616.1709 is hereby amended to read as follows:
616.1709 The [governor] manager shall:
1. [Appoint the manager, who shall serve at the pleasure of the governor.
2.] Approve annual and biennial budgets of the system.
[3.] 2. Approve investment policies of the system.
[4.] 3. Approve the appointment of investment counselors and custodians of investments.
[5.] 4. Approve the designation of banks as collection depositories.
κ1993 Statutes of Nevada, Page 696 (CHAPTER 265, SB 316)κ
[6.] 5. Approve the appointment of an independent actuary and arrange for an annual actuarial valuation and report of the soundness of the system as prepared by the independent actuary.
[7.] 6. Appoint an independent certified accountant who shall provide an annual audit of the system and report to the [governor.
8.] manager.
7. Before each legislative session, report to the legislature on the operation of the system and any recommendation for legislation which he deems appropriate.
[9. On his own initiative or at the request of the manager, review any matter related to the operation of the system and give such directions to the manager as he deems appropriate.]
Sec. 99. NRS 616.1711 is hereby amended to read as follows:
616.1711 There is no liability in a private capacity on the part of the [board or any member thereof.] governor while carrying out his duties pursuant to this chapter.
Sec. 99.5. NRS 616.1711 is hereby amended to read as follows:
616.1711. There is no liability in a private capacity on the part of the [governor] manager while carrying out his duties pursuant to this chapter.
Sec. 100. NRS 616.1713 is hereby amended to read as follows:
616.1713 1. The [board] governor shall appoint a manager to be in charge of the operation of the system.
2. The manager is the chief executive officer of the system and is responsible for all duties of the system except for those duties specified by statute for the [board.] governor.
3. The manager shall serve at the pleasure of the [board.] governor.
4. The manager must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree; and
(b) Possess at least 5 years experience in a high level administrative or executive capacity, with responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
5. Before undertaking the duties of the office, the manager shall qualify by giving an official bond in an amount and with sureties approved by the [board.] governor. The manager shall file the bond with the secretary of state. The premium for the bond must be paid by the system.
Sec. 100.5. NRS 616.1713 is hereby amended to read as follows:
616.1713 1. The governor shall appoint a manager to be in charge of the operation of the system.
2. The manager is the chief executive officer of the system and is responsible for all duties of the system . [except for those duties specified by statute for the governor.]
3. The manager shall serve at the pleasure of the governor.
4. The manager must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree; and
(b) Possess at least 5 years experience in a high level administrative or executive capacity, with responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
κ1993 Statutes of Nevada, Page 697 (CHAPTER 265, SB 316)κ
5. Before undertaking the duties of the office, the manager shall qualify by giving an official bond in an amount and with sureties approved by the governor. The manager shall file the bond with the secretary of state. The premium for the bond must be paid by the system.
Sec. 101. NRS 616.1715 is hereby amended to read as follows:
616.1715 1. The manager shall select assistant managers whose appointments are effective upon confirmation by the [board.] governor.
2. The assistant managers shall serve at the pleasure of the manger.
3. The assistant managers must be graduates of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
Sec. 102. NRS 616.1717 is hereby amended to read as follows:
616.1717 The manager and assistant managers are in the unclassified service of the state but are entitled to receive annual salaries fixed by the [board.] governor.
Sec. 103. NRS 616.1721 is hereby amended to read as follows:
616.1721 Subject to the limitations of this chapter and the budget prescribed by the [board,] governor, the system must be administered by the manager, assistant managers, and a staff appointed by the manager.
Sec. 103.2. NRS 616.1721 is hereby amended to read as follows:
616.1721 Subject to the limitations of this chapter and the budget prescribed by the [governor,] manager, the system must be administered by the manager, assistant managers, and a staff appointed by the manager.
Sec. 103.5. NRS 616.1722 is hereby amended to read as follows:
616.1722 1. The manager shall make available a program, using a videotape cassette or other means of presentation, concerning the rights and responsibilities of employers and employees pursuant to this chapter and chapter 617 of NRS. The manager shall provide written notification concerning the availability of the program to each chamber of commerce in Nevada and to each statewide association for a business or industry. The program must be available to community organizations, businesses, employers and employees upon request.
2. The manager shall provide each:
(a) Employer who attends a program, a certificate which certifies that he has completed the program described in subsection 1. The employer shall post the certificate in his business in a place that is readily accessible and visible to his employees.
(b) Employee who attends a program, a card which certifies that he has completed the program described in subsection 1.
[3. The manager shall identify those employers whose employees sustained injuries during the preceding calendar year at a rate that he determines is significantly greater than the rate of injuries for that industry as a whole. The manager shall provide consultation concerning safety to such employers.
4. If an employer refuses to consult with the manager concerning safety, the manager may assess the employer an administrative penalty of not more than $1,000 or adjust the premium rate of the employer.]
Sec. 104. NRS 616.1723 is hereby amended to read as follows:
616.1723 The manager:
κ1993 Statutes of Nevada, Page 698 (CHAPTER 265, SB 316)κ
1. Subject to the authority of the [board,] governor, has full power, authority and jurisdiction over the system.
2. May perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the system, either in the administration of the system or in connection with the business of insurance to be carried on by the system under the provisions of this chapter, including the establishment of premium rates.
3. May appoint in the unclassified service of the state no more than five persons, engaged in management, who report directly to the manager or an assistant manager. The [board] governor shall designate these positions, and may not change them without the approval of the personnel commission. These persons are entitled to receive annual salaries fixed by the [board.] governor.
Sec. 104.5. NRS 616.1723 is hereby amended to read as follows:
616.1723 The manager:
1. [Subject to the authority of the governor, has] Has full power, authority and jurisdiction over the system.
2. May perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the system, either in the administration of the system or in connection with the business or insurance to be carried on by the system under the provisions of this chapter, including the establishment of premium rates.
3. May appoint in the unclassified service of the state no more than five persons, engaged in management, who report directly to the manager or an assistant manager. The [governor] manager shall designate these positions, and may not change them without the approval of the personnel commission. These persons are entitled to receive annual salaries fixed by the [governor.] manager.
Sec. 105. NRS 616.175 is hereby amended to read as follows:
616.175 The system shall:
1. Keep and maintain its office in Carson City, Nevada.
2. Keep and maintain suboffices at such places in the state as industrial activity warrants, and shall locate one suboffice in the Las Vegas area. [Suboffices must] If determined practicable by the system, a suboffice may have complete facilities for processing claims for injuries.
3. Provide statewide, toll-free telephone service on state WATS lines to the Carson City office, and all suboffices, or accept collect calls from claimants.
Sec. 106. NRS 616.180 is hereby amended to read as follows:
616.180 1. The system may, pursuant to [a resolution of the board approved by] the approval of the governor, invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities and facilities and office buildings in this state. The system shall cooperate with the state public works board in all planning and construction undertaken by the system pursuant to this section. The system may occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the system may be rented only to other state agencies, departments, commissions, bureaus and officers.
κ1993 Statutes of Nevada, Page 699 (CHAPTER 265, SB 316)κ
2. The title of any real property purchased under the authority granted by subsection 1 must be examined and approved by the attorney general.
3. Any income derived from rentals must be deposited as provided in NRS 616.450.
4. The system may, pursuant to [a resolution of the board approved by] the approval of the governor, sell any real property acquired by it pursuant to the provisions of subsection 1. All money received by the system for the sale of such real property must be deposited in the state insurance fund.
Sec. 106.5. NRS 616.180 is hereby amended to read as follows:
616.180 1. The system may [, pursuant to the approval of the governor,] invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities and facilities and office buildings in this state. The system shall cooperate with the state public works board in all planning and construction undertaken by the system pursuant to this section. The system may occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the system may be rented only to other state agencies, departments, commissions, bureaus and officers.
2. The title of any real property purchased under the authority granted by subsection 1 must be examined and approved by the attorney general.
3. Any income derived from rental must be deposited as provided in NRS 616.450.
4. The system may [, pursuant to the approval of the governor,] sell any real property acquired by it pursuant to the provisions of subsection 1. All money received by the system for the sale of such real property must be deposited in the state insurance fund.
Sec. 107. NRS 616.182 is hereby amended to read as follows:
616.182 1. Except as otherwise provided in this section, the department [of industrial relations] shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the departments regulations.
2. The commissioner [of insurance] is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, [NRS] 616.338 and chapter 683A of NRS.
3. The department of administration is responsible for [administrative appeals] contested claims relating to workers compensation pursuant to NRS 616.541 to 616.544, inclusive [.] , and section 79 of this act. The system is responsible for administrative appeals pursuant to NRS 616.392.
4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.
5. The division [of industrial insurance regulation] is responsible for the investigation of complaints. If a complaint is filed with the division by an employee of a self-insured employer, or by a third-party administrator or provider of medical care regarding compliance of a self-insured employer with statutes or the departments regulations, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.
κ1993 Statutes of Nevada, Page 700 (CHAPTER 265, SB 316)κ
6. If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that material noncompliance has occurred, the administrator shall impose a fine of not more than $1,000 against the self-insured employer. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employers certification by the commissioner . [of insurance.]
Sec. 108. NRS 616.182 is hereby amended to read as follows:
616.182 1. Except as otherwise provided in this section, the department shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the departments regulations.
2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers , associations of self-insured public or private employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, 616.338 and chapter 683A of NRS [.] and sections 25 to 51, inclusive, of this act.
3. The department of administration is responsible for contested claims relating to workers compensation pursuant to NRS 616.541 to 616.544, inclusive, and section 79 of this act. The system is responsible for administrative appeals pursuant to NRS 616.392.
4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.
5. The division is responsible for the investigation of complaints. If a complaint is filed with the division by an employee of a self-insured employer [,] or of an employer who is a member of an association of self-insured public or private employers, or by a third-party administrator or provider of medical care regarding compliance [of a self-insured employer] with statutes or the departments regulations, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.
6. If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer or an association of self-insured public or private employers has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that [material] intentional or repeated noncompliance has occurred, the administrator shall impose [a fine of not more than $1,000 against the self-insured employer.] an administrative fine of not more than $250 for each initial noncompliance which was not intentional, or a fine of not more than $1,000 for each intentional or repeated noncompliance. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employers or associations certification by the commissioner.
Sec. 109. (Omitted in amendment.)
Sec. 110. NRS 616.187 is hereby amended to read as follows:
616.187 1. The director shall cause to be conducted at least every 3 years an audit of all insurers who provide benefits to injured employees pursuant to this chapter or chapter 617 of NRS. The director shall cause to be conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of this chapter or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the director.
κ1993 Statutes of Nevada, Page 701 (CHAPTER 265, SB 316)κ
conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of this chapter or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the director.
2. The director shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include:
(a) Specific audit objectives;
(b) Standards for documentation;
(c) Policies for supervisory review;
(d) Policies for the training of auditors;
(e) The format for the audit report; and
(f) Procedures for the presentation, distribution and retention of the audit report.
3. The commissioner and the director shall establish a procedure for sharing information between the department of insurance and the department concerning the qualifications of employers as self-insured employers pursuant to NRS 616.291 [.] or as an association of self-insured public or private employers pursuant to section 26 of this act.
4. On or before March 1 of each year, the director shall make a report of each audit to the legislature, if it is in session, or to the interim finance committee if the legislature is not in session.
Sec. 111. NRS 616.192 is hereby amended to read as follows:
616.192 1. Except as otherwise provided in this section and in NRS 616.193 and 616.550, information obtained from any employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons identity.
2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.
3. The department and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:
(a) Any agency of this or any other state charged with the administration or enforcement of workers compensation law, unemployment compensation law, public assistance law or labor law;
(b) Any state or local agency for the enforcement of child support; [or]
(c) The Internal Revenue Service of the Department of the Treasury [.] ; and
(d) The state contractors board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of a workers compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers compensation program.
4. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer.
κ1993 Statutes of Nevada, Page 702 (CHAPTER 265, SB 316)κ
The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the manger shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.
5. The manager shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The manager may charge a reasonable fee to cover any related administrative expenses.
6. If [any employee or member of the board of directors or] the manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.
7. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 112. NRS 616.1925 is hereby amended to read as follows:
616.1925 1. The director shall establish a method of indexing claims for compensation that will make information concerning the claimants of one insurer available to other insurers.
2. [The index of claims must include claims filed with:
(a) The system; and
(b) Self-insured employers after January 1, 1984.
3.] Every self-insured employer and the system shall provide information as required by the director for establishing and maintaining the index of claims.
[4.] 3. If an employee files a claim with an insurer, the insurer is entitled to receive from the director a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.
[5.] 4. Any information obtained from the index of claims must be admitted into evidence in any hearing before an appeals officer, a hearing officer or the administrator.
[6.] 5. The department may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the director.
Sec. 113. NRS 616.1925 is hereby amended to read as follows:
616.1925 1. The director shall establish a method of indexing claims for compensation that will make information concerning the claimants of one insurer available to other insurers.
2. Every self-insured employer , association of self-insured public or private employers and the system shall provide information as required by the director for establishing and maintaining the index of claims.
κ1993 Statutes of Nevada, Page 703 (CHAPTER 265, SB 316)κ
3. If an employee files a claim with an insurer, the insurer is entitled to receive from the director a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.
4. Any information obtained from the index of claims must be admitted into evidence in any hearing before an appeals officer or the administrator.
5. The department may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the director.
Sec. 114. NRS 616.220 is hereby amended to read as follows:
616.220 The administrator shall:
1. Prescribe by regulation the time within which adjudications and awards must be made.
2. Regulate forms of notices, claims and other blank forms deemed proper and advisable.
3. Prescribe by regulation the methods by which an insurer may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. [Every such approval, rejection and determination is subject to review by a hearing officer.]
4. Provide by regulation for adequate notice to each claimant and employer of his right:
(a) To [review by a hearing officer of any determination or rejection by the insurer.] the resolution of a contested claim in the manner provided in section 79 of this act.
(b) To a hearing in the manner provided in NRS 616.5412 to 616.544, inclusive.
(c) To judicial review of any final decision.
5. [Prescribe by regulation the criteria by which an insurer who orders rehabilitative services for an injured worker must provide those services.
6.] Prescribe by regulation the method for reimbursing an injured [worker] employee for expenses necessarily incurred for travel more than 20 miles one way from his residence or place of employment to his destination as a result of an industrial injury.
[7.] 6. Except with respect to any matter committed by specific statute to the regulatory authority of another person or agency, adopt such other regulations as he deems necessary to carry out the provisions of this chapter and chapter 617 of NRS.
Sec. 115. NRS 616.222 is hereby amended to read as follows:
616.222 1. Except as otherwise provided in this section, [to aid in returning an injured employee to work or to assist in lessening or removing any resulting handicap, the insurer shall order counseling, training or other rehabilitative services for the injured employee regardless of the date on which he first became entitled to compensation.
2. Before ordering any rehabilitative services for an injured employee there must first be a consultation with the injured employee and the treating physician or chiropractor with respect to whether the proposed program is compatible with the injured employees age, sex and physical condition. If the services will involve a change in vocation, the consultation must also include a consultation with the employer of the injured employee and a rehabilitation counselor.
κ1993 Statutes of Nevada, Page 704 (CHAPTER 265, SB 316)κ
include a consultation with the employer of the injured employee and a rehabilitation counselor.
3. An] an injured employee is not eligible for vocational rehabilitation services [if:] , unless:
(a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the [job he held before] the position that he held at the time of his injury [and the employer of the injured employee] ;
(b) The injured employees employer does not offer employment that the employee is eligible for considering [those restrictions; or
(b) During the course of treatment, the treating physician or chiropractor recommends the injured employee for assessment for vocational rehabilitation services.
4. Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if:
(a) The priorities set forth in NRS 616.378 for returning an injured employee to work are followed;
(b) The education is recommended by a plan of vocational rehabilitation; and
(c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer.
5.] the restrictions imposed pursuant to paragraph (a); and
(c) The injured employee is unable to return to gainful employment at a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury.
2. If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:
(a) The medically objective findings upon which his determination is based; and
(b) A detailed description of the restrictions.
The treating physician or chiropractor shall mail a copy of the findings and the description of the restrictions to the insurer.
3. If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.
4. Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.
5. An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.
6. An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.
7. Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational [rehabilitative] rehabilitation services offered by the insurer.
κ1993 Statutes of Nevada, Page 705 (CHAPTER 265, SB 316)κ
[6.] Except as otherwise provided in NRS 616.252, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.
8. If an insurer cannot locate an injured employee for whom it has ordered vocational [rehabilitative] rehabilitation services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located. The insurer must make a reasonable effort to locate the employee.
[7.] 9. The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational [rehabilitative] rehabilitation benefits. If the employee wishes to reestablish his eligibility for such benefits, he must file a written application with the insurer to reinstate his claim. The insurer shall reinstate the employees claim if good cause is shown for the employees absence.
Sec. 116. NRS 616.2225 is hereby amended to read as follows:
616.2225 1. The system may execute an agreement for the provision of vocational rehabilitation services for injured employees with a private person [if:
(a) The manager proves to the satisfaction of the administrator that such an agreement is necessary because the system lacks sufficient resources to provide such services for all injured employees presently eligible for them; and
(b)] who is qualified to provide such services or a public agency that provides such services. The selection of a private person or public agency to provide vocational rehabilitation services [is] must be made from bids received in accordance with chapter 333 of NRS.
2. The manager shall [appoint a committee of five persons to oversee the bidding and] develop criteria for the selection of a private person or public agency to provide vocational rehabilitation services. The criteria must include, without limitation:
(a) A bidders previous record of successful rehabilitation of injured employees, including the average costs of the placement of those employees in other employment;
(b) A bidders performance on previous contracts entered into with governmental agencies;
(c) The services provided by a bidder with regard to training injured employees for and placing them in other employment, and the average rates of pay for that employment; and
(d) The record of a bidder in placing injured employees in other employment.
[The] A successful bidder must be selected based on these criteria. [The committee may assign a different value to each of the various criterion.]
3. The bidding and the records related to the bidding are subject to review by any member of the public upon request.
4. [The successful bidder must be a person certified to provide vocational rehabilitation services by a national organization recognized and approved by the director.] Except as otherwise provided in this subsection and subsection 5, the provisions of this section do not preclude the system from providing vocational rehabilitation services for injured employees if the manager proves to the satisfaction of the administrator that the system may provide such services at a cost which is lower than the cost of vocational rehabilitation services that are available for a private person or public agency.
κ1993 Statutes of Nevada, Page 706 (CHAPTER 265, SB 316)κ
services that are available for a private person or public agency. In no event during any year may the system develop a majority of the plans for programs of vocational rehabilitation for injured employees insured by the system.
5. The system shall consider its primary responsibility the accomplishment of the following components of vocational rehabilitation:
(a) Facilitating early intervention.
(b) Preparing job assessments and analyses.
(c) Developing and maintaining a list of jobs that may be suitable for injured employees pursuant to section 21.6 of this act.
(d) Determining the eligibility of injured employees for vocational rehabilitation.
The system shall consider as secondary its responsibility to develop plans for programs of vocational rehabilitation.
6. As used in this section, public agency means:
(a) Any agency of this state or the United States; and
(b) Any political subdivision of this state.
Sec. 116.5. NRS 616.2225 is hereby amended to read as follows:
616.2225 1. The system may execute an agreement for the provision of vocational rehabilitation services for injured employees with a private person who is qualified to provide such services or a public agency that provides such services. The selection of a private person or public agency to provide vocational rehabilitation services must be made from bids received in accordance with chapter 333 of NRS.
2. The manager shall develop criteria for the selection of a private person or public agency to provide vocational rehabilitation services. The criteria must include, without limitation:
(a) A bidders previous record of successful rehabilitation of injured employees, including the average costs of the placement of those employees in other employment;
(b) A bidders performance on previous contracts entered into with governmental agencies;
(c) The services provided by a bidder with regard to training injured employees for and placing them in other employment, and the average rates of pay for that employment; and
(d) The record of a bidder in placing injured employees in other employment.
A successful bidder must be selected based on these criteria.
3. The bidding and the records related to the bidding are subject to review by any member of the public upon request.
4. Except as otherwise provided in this subsection and subsection 5, the provisions of this section do not preclude the system from providing vocational rehabilitation services for injured employees if the manager proves to the satisfaction of the administrator that the system may provide such services at a cost which is lower than the cost of vocational rehabilitation services that are available from a private person or public agency. In no event during any year may the system develop a majority of the plans for programs of vocational rehabilitation for injured employees insured by the system.
κ1993 Statutes of Nevada, Page 707 (CHAPTER 265, SB 316)κ
5. The system shall consider its primary responsibility the accomplishment of the following components of vocational rehabilitation:
(a) Facilitating early intervention.
(b) Preparing job assessments and analyses.
(c) Developing and maintaining a list of jobs that may be suitable for injured employees pursuant to section 21.6 of this act.
(d) Determining the eligibility of injured employees for vocational rehabilitation.
The system shall consider as secondary its responsibility to develop plans for programs of vocational rehabilitation.
6. If the system contracts with a private person or a public agency to provide vocational rehabilitation services, a certified vocational rehabilitation counselor employed by the system shall approve or disapprove each plan for a program of rehabilitation services developed by the private person or public agency pursuant to section 21.4 of this act. At the request of a counselor, the manager may, upon good cause, extend the period for approval by 21 days. If the manager intends to grant such an extension, the manager shall notify the private person or public agency that is providing the vocational rehabilitation services of the extension on or before the 21st day after the plan was submitted. If the counselor does not grant an extension or approve or disapprove of the plan and notify the private person or public agency of his decision within 21 days after the plan was submitted to the system, the plan shall be deemed approved.
7. The provisions of this section do not preclude the system from providing vocational rehabilitation services for injured employees if the manager proves to the satisfaction of the administrator that the system may provide such services at a cost which is lower than the cost of vocational rehabilitation services that are available from a private person or public agency.
[6.] 8. As used in this section, public agency means:
(a) Any agency of this state or the United States; and
(b) Any political subdivision of this state.
Sec. 117. NRS 616.2233 is hereby amended to read as follows:
616.2233 The system shall cooperate with the commissioner in the performance of his duties pursuant to this chapter, and shall provide the commissioner with any information, statistics or data in its records which pertain to any employer who is making application to become self-insured [,] or who is self-insured [.] , or who is becoming or who is a member of an association of self-insured public or private employers.
Sec. 118. NRS 616.2235 is hereby amended to read as follows:
616.2235 1. Except as otherwise provided in subsection 2, each self-insured employer [and other employer covered under the provisions of NRS 616.255 and 616.256] shall compensate the system, the office of the Nevada attorney for injured workers or the hearings division of the department of administration, as appropriate, for all services which the system, the occupational safety and health review board, the Nevada attorney for injured workers, the hearing officers and the appeals officers provide to those employers if the rate is established by a regulation of the system. The cost of any service for which a rate is not established by regulation must be negotiated by the employer and the system, the Nevada attorney for injured workers or the division, as appropriate, before the employer is charged for the service.
κ1993 Statutes of Nevada, Page 708 (CHAPTER 265, SB 316)κ
employer and the system, the Nevada attorney for injured workers or the division, as appropriate, before the employer is charged for the service.
2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the system, the office of the Nevada attorney for injured workers, the division or other employers.
Sec. 119. NRS 616.2235 is hereby amended to read as follows:
616.2235 1. Except as otherwise provided in subsection 2, each self-insured employer and association of self-insured public or private employers shall compensate the system, the office of Nevada attorney for injured workers or the hearings division of the department of administration, as appropriate, for all services which the system, the occupational safety and health review board, the Nevada attorney for injured workers, the mediators and the appeals officers provide to those employers if the rate is established by a regulation of the system. The cost of any service for which a rate is not established by regulation must be negotiated by the employer or association and the system, the Nevada attorney for injured workers or the division, as appropriate, before the employer or association is charged for the service.
2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the system, the office of the Nevada attorney for injured workers, the division or other employers.
Sec. 120. NRS 616.226 is hereby amended to read as follows:
616.226 1. Appeals officers, the administrator , [and] the manager [,] and the managers designee, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter may:
(a) Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
(b) Administer oaths.
(c) Certify to official acts.
(d) Call and examine under oath any witness or party to a claim.
(e) Maintain order.
(f) Rule upon all questions arising during the course of a hearing or proceeding.
(g) Permit discovery by deposition or interrogatories.
(h) Initiate and hold conferences for the settlement or simplification of issues.
(i) Dispose of procedural requests or similar matters.
(j) Generally regulate and guide the course of a pending hearing or proceeding.
2. Hearing officers , in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter , may:
(a) Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding [are] is being held.
(b) Maintain order.
(c) Permit discovery by deposition or interrogatories.
(d) Initiate and hold conferences for the settlement or simplification of issues.
κ1993 Statutes of Nevada, Page 709 (CHAPTER 265, SB 316)κ
(e) Dispose of procedural requests or similar matters.
(f) Generally regulate and guide the course of a pending hearing or proceeding.
[3. After a determination is made pursuant to a hearing or other proceeding, the insurer shall notify the injured employee, the employer and the physician or chiropractor who is treating the injured employee of the determination.]
Sec. 121. (Omitted in amendment.)
Sec. 122. NRS 616.228 is hereby amended to read as follows:
616.228 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 616.425 is subject to the same procedural requirements which apply to disciplinary actions taken by the commissioner or administrator, and the board or panel has the same powers and duties given to the commissioner or administrator in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to withdraw the certification of a self-insured employer or an association of self-insured public or private employers may appeal that decision to the commissioner.
Sec. 123. NRS 616.230 is hereby amended to read as follows:
616.230 If any person [disobeys] :
1. Disobeys an order of an appeals officer, a hearing officer, the administrator , [or] the manager [,] or the managers designee, or a subpena issued by the manager, managers designee, administrator, appeals officer, hearing officer, inspector or examiner [, or refuses] ;
2. Refuses to permit an inspection [, or as] ; or
3. As a witness, refuses to testify to any matter for which he may be lawfully interrogated,
the district judge of the county in which the person resides, on application of the appeals officer, the hearing officer, the administrator , [or] the manager [,] or the managers designee, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
Sec. 124. NRS 616.235 is hereby amended to read as follows:
616.235 1. Each officer who serves a subpena is entitled to receive the same fees as a sheriff.
2. Each witness who appears, in obedience to a subpena which has been issued pursuant to this chapter, before an appeals officer, a hearing officer, the administrator , [or] the manage or the managers designee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
3. The appeals officer, hearing officer, administrator [or] , manager or managers designee shall:
(a) Authorize payment from his administrative budget of the fees and mileage due to such a witness; or
(b) Impose those costs upon the party at whose instance the witness was subpenaed or, for good cause shown, upon any other party.
Sec. 125. (Omitted in amendment.)
κ1993 Statutes of Nevada, Page 710 (CHAPTER 265, SB 316)κ
Sec. 126. NRS 616.245 is hereby amended to read as follows:
616.245 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by an appeals officer, a hearing officer, the administrator , [or] the manager [,] or the managers designee, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer had been present and testified to the facts so certified.
2. A copy of the transcript must be furnished on demand to any party upon the payment of the fee required for transcripts in courts of record.
Sec. 127. (Omitted in amendment.)
Sec. 128. NRS 616.275 is hereby amended to read as follows:
616.275 Where the state, county, municipal corporation, school district, a metropolitan police department, a city under special charter and commission form of government, or a contractor under such governmental entities, is the employer, the provisions of this chapter for the payment of compensation and the amount thereof, and, unless the employer is self-insured [,] or a member of an association of self-insured public employers, for the payment of premiums to the state insurance fund and the accident benefit fund, for any injury sustained by an employee are conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.
Sec. 129. NRS 616.282 is hereby amended to read as follows:
616.282 1. The manager shall notify the state contractors board within 10 days after the system becomes aware that a contractors coverage has lapsed.
2. The commissioner shall notify the state contractors board within 10 days after a contractors certificate of qualification as a self-insured employer is canceled or withdrawn [.] or he is no longer a member of an association of self-insured public or private employers.
Sec. 130. NRS 616.299 is hereby amended to read as follows:
616.299 1. An [employer who is certified as a self-insured employer pursuant to the provisions of NRS 616.293] insurer may enter into a contract to have his plan of [self-insurance] insurance administered by a third-party administrator.
2. [A self-insured employer] An insurer shall not enter into a contract with any person for the administration of any part of the [employers plan of self-insurance] plan of insurance unless that person maintains an office in this state and has a valid certificate issued by the commissioner pursuant to NRS 683A.085. The system may, as a part of a contract entered into with an organization for managed care pursuant to section 74 of this act, require the organization to act as its third-party administrator.
κ1993 Statutes of Nevada, Page 711 (CHAPTER 265, SB 316)κ
Sec. 131. NRS 616.301 is hereby amended to read as follows:
616.301 1. A person shall not act as a third-party administrator for [a self-insured employers plan of self-insurance] an insurer without a certificate issued by the commissioner pursuant to NRS 683A.085.
2. A person who acts as a third-party administrator [for a self-insured employers plan of self-insurance] pursuant to this chapter shall:
(a) Administer from one or more offices located in this state all of the claims arising under each plan of [self-insurance] insurance that he administers and maintain in those offices all of the records concerning those claims;
(b) Administer each plan of [self-insurance] insurance directly, without subcontracting with another third-party administrator; and
(c) Upon the termination of his contract with [a self-insured employer,] an insurer, transfer forthwith to a certified third-party administrator chosen by the [employer] insurer all of the records in his possession concerning claims arising under the plan of [self-insurance.] insurance.
3. The commissioner may, under exceptional circumstances, waive the requirements of subsection 2.
Sec. 132. NRS 616.303 is hereby amended to read as follows:
616.303 The commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and may withdraw the certification of any third-party administrator who:
1. Fails to comply with regulations of the commissioner regarding reports or other requirements necessary to carry out the purposes of this chapter; or
2. Violates any provision of NRS 616.301 or any regulation adopted by the commissioner or the administrator concerning the administration of the [employers plan of self-insurance.] plan of insurance.
Sec. 133. NRS 616.305 is hereby amended to read as follows:
616.305 1. Where the employer, as provided by this chapter, has given notice of an election to accept the terms of this chapter, and the employee has not given notice of an election to reject the terms of this chapter, the employer shall provide and secure, and the employee shall accept, compensation in the manner provided by this chapter for all personal injuries sustained arising out of and in the course of the employment.
2. Every employer electing to be governed by the provisions of this chapter, before becoming entitled to the benefits of this chapter , must comply with all conditions and provisions of this chapter during the period of his election.
3. Failure on the part of any employer to pay all the premiums , [or] to maintain a certificate of self-insurance in force or to maintain membership in an association of self-insured public or private employers as required by the provisions of this chapter operates as a rejection of the terms of this chapter. In the event of any rejection of this chapter, or the terms hereof, [such] the rejecting employer shall post a notice of rejection of the terms of the chapter upon his premises in a conspicuous place. The employer at all times shall maintain the notice or notices so provided for the information of his employees.
Sec. 134. NRS 616.315 is hereby amended to read as follows:
616.315 1. An employer in this state having in his employment any employee excluded from the benefits of this chapter under NRS 616.060 may elect to cover such employees under the provisions of this chapter in the manner provided in this section.
κ1993 Statutes of Nevada, Page 712 (CHAPTER 265, SB 316)κ
elect to cover such employees under the provisions of this chapter in the manner provided in this section.
2. The election on the part of the employer must be made by filing with the system, or with the administrator if he is a self-insured employer [,] or a member of an association of self-insured public or private employers, a written statement that he accepts the provisions of this chapter which, when filed, operates to subject him to the provisions of this chapter until the employer files in the office of the system, or of the administrator if he is a self-insured employer [,] or a member of an association of self-insured public or private employers, a notice in writing that he withdraws his election.
3. An employee in the service of any such employer shall be deemed to have accepted, and is subject to, the provisions of this chapter if, at the time of the accident for which compensation is claimed:
(a) The employer charged with liability is subject to the provisions of this chapter, whether or not the employee has actual notice thereof ; [or not;] and
(b) The employee has not given to his employer and to the system notice in writing that he elects to reject the provisions of this chapter.
4. An employee who has rejected the provisions of this chapter may at any time thereafter elect to waive the rejection by giving notice in writing to his employer and to the system which becomes effective when filed with the system.
Sec. 135. NRS 616.325 is hereby amended to read as follows:
616.325 1. Except as otherwise provided in subsection 2, every employer shall furnish the system or the administrator, upon request, all information required to carry out the purposes of this chapter. The administrator, or any person employed by the administrator for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.
2. Every self-insured employer or association of self-insured public or private employers shall furnish the system or the administrator, upon request, all information required to carry out the purposes of this chapter. The administrator or any person employed by him for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.
3. Every insured employer shall keep on hand constantly a sufficient supply of blank forms furnished by the insurer.
Sec. 136. NRS 616.330 is hereby amended to read as follows:
616.330 1. Every employer receiving from the system or administrator any blank form with directions to fill it out shall:
(a) Cause it to be filled out properly.
(b) Answer fully and correctly all questions therein propounded, and if unable to do so, shall give good and sufficient reasons for his failure. Answers to questions must be verified and returned to the system or administrator within 6 working days.
2. [The administrator shall impose an administrative fine if] If an employer fails to comply with the provisions of subsection 1 [. The administrator may] , the administrator shall impose a fine of not more than $1,000 for each failure to comply.
Sec. 137. NRS 616.337 is hereby amended to read as follows:
616.337 All self-insured employers and associations of self-insured public or private employers shall report to the administrator, annually or at intervals which the administrator requires, all accidental injuries, occupational diseases, dispositions of claims, reserves and payments made under this chapter, chapter 617 of NRS or regulations adopted by the department pursuant thereto.
κ1993 Statutes of Nevada, Page 713 (CHAPTER 265, SB 316)κ
which the administrator requires, all accidental injuries, occupational diseases, dispositions of claims, reserves and payments made under this chapter, chapter 617 of NRS or regulations adopted by the department pursuant thereto.
Sec. 138. NRS 616.340 is hereby amended to read as follows:
616.340 1. Every employer within the provisions of this chapter shall, immediately upon the occurrence of an injury to any of his employees, render to the injured employee all necessary first aid, including the cost of transportation of the injured employee to the nearest place of proper treatment if the injury is such as to make it reasonably necessary for such transportation.
2. [Each such employer who is not self-insured or his agent shall notify the insurers claims administrator in writing of the accident. The notification of the accident must be postmarked within 6 working days after receipt of knowledge of the accident and, if the injured employee is expected to be off work for 5 days or more, must include a statement of the wages of the injured employee. An employee of the system shall not complete any form concerning the accident for an employer unless the employer:
(a) Is not in business;
(b) Has not been located by the insurer within 5 working days after receipt of the notification of the accident; or
(c) Refuses to complete the forms.
3. Each employer who files a report of an injury with the insurer shall file a full report of every known injury to the employee arising out of and in the course of his employment and resulting in his loss of life or injury. The report must be:
(a) Signed by the employer or his designee; and
(b) Furnished to the insurer in the form prescribed and contain specific answers to all questions required by the regulations of the department.
4.] An employer who is not self-insured is entitled to receive reimbursement from his insurer for the costs incurred in rendering the necessary first aid and transportation of an injured employee to the nearest place of proper treatment.
Sec. 139. NRS 616.340 is hereby amended to read as follows:
616.340 1. Every employer within the provisions of this chapter shall, immediately upon the occurrence of an injury to any of his employees, render to the injured employee all necessary first aid, including the cost of transportation of the injured employee to the nearest place of proper treatment if the injury is such as to make it reasonably necessary for such transportation.
2. An employer who is not self-insured or a member of an association of self-insured public or private employers is entitled to receive reimbursement from his insurer for the costs incurred in rendering the necessary first aid and transportation of an injured employee to the nearest place of proper treatment.
Sec. 140. NRS 616.342 is hereby amended to read as follows:
616.342 1. The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Every employer whose insurer has not entered into a contract with an organization for managed care pursuant to section 74 of this act shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.
κ1993 Statutes of Nevada, Page 714 (CHAPTER 265, SB 316)κ
those physicians and chiropractors on the panel who are reasonably accessible to his employees.
2. An injured employee whose insurer has not entered into a contract with an organization for managed care may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee.
3. An injured employee whose insurer has entered into a contract with an organization for managed care must choose his treating physician or chiropractor pursuant to the terms of that contract.
4. Except when emergency medical care is required and except as otherwise provided in NRS 616.502, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employees injury attributable to improper treatments by such physician, chiropractor or other person.
[4.] 5. The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.
[5.] 6. An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.
Sec. 141. NRS 616.344 is hereby amended to read as follows:
616.344 [1. Except as otherwise provided in subsection 2, an] An insurer may contract with suppliers to provide services and goods to injured employees. Such contracts may provide for the exclusive provision of specified services or goods to injured employees.
[2. An insurer shall not enter into any exclusive agreement or contract pursuant to subsection 1:
(a) With any physician or chiropractor to provide primary care for an injured employee;
(b) With any hospital for general care for patients acutely ill;
(c) With any one particular physical therapist or group of physical therapists to provide care for injured employees but may enter into sufficient numbers of agreements with physical therapists or groups of physical therapists throughout the state to ensure that injured employees receive prompt professional care;
κ1993 Statutes of Nevada, Page 715 (CHAPTER 265, SB 316)κ
(d) Which would restrict the ability of an injured employee to choose a treating physician or chiropractor pursuant to NRS 616.342; or
(e) Which would restrict the ability of an injured employee to choose a pharmacy to fill prescriptions for pharmaceuticals if the pharmacy does not charge more than the lowest price contracted for by an insurer with any other supplier of pharmaceuticals.]
Sec. 142. NRS 616.354 is hereby amended to read as follows:
616.354 1. A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any other unrelated services which are requested in writing by the patient.
2. The insurer is liable for [all] the charges for approved services if the charges do not exceed:
(a) The fees established in accordance with NRS 616.412 or the usual fee charged by that person or institution, whichever is less; and
(b) The charges provide for by the contract between the provider of health care and the insurer [.] or the contract between the provider of health care and the organization for managed care.
3. If a provider of health care [or] , an organization for managed care, an insurer or an employer violates the provisions of this section, the administrator shall impose an administrative fine [not to exceed] of not more than $250 for each violation.
Sec. 143. NRS 616.355 is hereby amended to read as follows:
616.355 1. Any physician or chiropractor who attends an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician or chiropractor who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians or chiropractors. These fees must be paid by the system , [or] the self-insured employer [.] or the association of self-insured public or private employers.
2. Information gained by the attending physician or chiropractor while in attendance on the injured employee is not a privileged communication if required by an appeals officer for a proper understanding of the case and a determination of the rights involved.
Sec. 144. NRS 616.365 is hereby amended to read as follows:
616.365 If [the accident and injury are not reported by the employee or his physician or chiropractor forthwith, as described in this chapter or if the injured employee or those in charge of him (the injured employee being a party to the refusal) refuse] an employee is properly directed to submit to a physical examination and the employee refuses to permit the treating physician or chiropractor to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result for the accident . [; but the insurer may relieve the injured person or his dependents from loss or forfeiture of compensation if he finds that:
κ1993 Statutes of Nevada, Page 716 (CHAPTER 265, SB 316)κ
1. The circumstances attending the failure on the part of the employee, or of his physician or chiropractor, to report the accident and injury are such as to have excused the employee and his physician or chiropractor for the failure so to report; and
2. Relieving the employee or his dependents from the consequences of the failure to report will not result in an unwarrantable charge against the insurer.]
Sec. 145. NRS 616.377 is hereby amended to read as follows:
616.377 1. [If an employee who has been hired or who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the] An employee may [elect to] receive compensation from the uninsured employers claim fund [by:
(a) Filing a] if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He suffers an accident or injury in this state which arises out of and in the course of his employment;
(c) He files a claim for compensation with the system [;
(b) Filing a] pursuant to section 12 of this act;
(d) He files written notice [of his election] with the division; and
[(c) Making]
(e) He makes an irrevocable assignment to the division of [his right of action against the uninsured employer.] a right to be subrogated to the rights of the injured employee pursuant to NRS 616.560.
2. If the system receives a claim pursuant to subsection 1, the system shall immediately:
(a) Notify the employer of the claim; and
(b) Deliver to the division any evidence regarding the claim and any evidence indicating that the employer was uninsured.
3. For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee [.] or that he was not required to maintain industrial insurance for the employee.
4. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including any benefits, administrative costs or attorneys fees paid from the uninsured employers claim fund or incurred by the division or department.
5. The division:
(a) May recover from the employer the payments made by the division or department that are described in subsection 4 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employees injury.
(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, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
6. The division shall [determine] :
κ1993 Statutes of Nevada, Page 717 (CHAPTER 265, SB 316)κ
(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee. [Upon determining that a claim is valid, the division shall assign]
(b) Assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system.
Upon determining that a claim is invalid, the [division] system shall notify the claimant, the named employer and the [system] division that the claim will not be assigned for benefits from the uninsured employers claim fund.
7. Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616.5412 to 616.544, inclusive [.] , and section 79 of this act.
8. 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.
9. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim fund. 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 fund until payment is received by the division from the employer.
10. Attorneys fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the department, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the department, paid at the rate established by regulations adopted by the department.
Any money collected must be deposited to the uninsured employers claim fund.
11. 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.
Sec. 146. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating of each risk, which regulations, however, must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
κ1993 Statutes of Nevada, Page 718 (CHAPTER 265, SB 316)κ
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of premiums or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.
(b) The manager shall file revised premium rates, revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least:
(1) Sixty days before the effective date of any projected change in premiums or projected change of multiplier; and
(2) Thirty days before the effective date of any change decided upon.
The commissioner shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) Any employer affected by a change in a revised premium rate or a revised classification of employment may request the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing. An employer may not appeal a decision of the commissioner concerning a revised premium rate or a revised classification of employment to the manager.
(d) Premium rates [may] must not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicated accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. In determining and fixing premium rates, the manager may establish a varying schedule of rates for workers who are in the classification of employment designated as construction which reflects the varying hourly rates of wages paid to such workers.
5. Subsections 2 and 3 do not apply to a rating [plans] plan made by voluntary agreement between the manager and an employer which increases or reduces premiums for the employer. The voluntary rating [plans] plan may be retrospective in nature. A voluntary rating plan must be in writing and signed by the manager and the employer.
6. The manager shall adopt by regulation a plan for reviewing employers insured by the system who have excessive losses, as defined by the plan, in order to encourage those employers to pay for their losses and correct their loss experience.
κ1993 Statutes of Nevada, Page 719 (CHAPTER 265, SB 316)κ
order to encourage those employers to pay for their losses and correct their loss experience. The plan may include requirements for:
(a) The payment of surcharges by such an employer;
(b) Mandatory retrospective rating plans;
(c) An increase in the amount of the deductible required to be paid by such an employer pursuant to subsection 1 of section 73 of this act;
(d) Changes in the limitations placed on the experience modification plan for such an employer; or
(e) Any combination of paragraphs (a), (b), (c) and (d).
The plan must include procedures for the termination of an employers participation in the plan when the employer has corrected his excessive loss experience. The commissioner shall review the plan adopted pursuant to this subsection.
Sec. 147. NRS 616.390 is hereby amended to read as follows:
616.390 Except for self-insured employers [,] and employers who are members of an association of self-insured public or private employers, all employers becoming contributors to the state insurance fund or the accident benefit fund, pursuant to the provisions of NRS 616.315, must be placed in a separate class, the premium rates of which must be sufficient to provide an adequate fund for the payment of the proportionate administrative expense and compensation on account of injuries and death of employees of this class.
Sec. 148. NRS 616.392 is hereby amended to read as follows:
616.392 1. [Any party] Except as otherwise provided in subsection 2:
(a) A principal contractor or an owner of property acting as a principal contractor aggrieved by a letter issued pursuant to NRS 616.288 [or] ;
(b) An employer aggrieved by a written decision of an employee of the system on a matter relating to [employers accounts, including but not limited to matters concerning audits and the classification of risks,] the employers account; or
(c) An employer aggrieved by a determination made pursuant to section 22 of this act,
may appeal from the letter , [or] decision or determination by filing a notice of appeal with the manager or his designee within 30 days after the date of the letter [or decision.] , decision or determination.
2. An employer shall not seek to remove costs that have been charged to his account by appealing to the manager or his designee any issue that relates to a claim for compensation if the issue was raised or could have been raised, before a hearing officer or an appeals officer pursuant to NRS 616.5412 or 616.5422.
3. The decision of the manager or his designee is the final and binding administrative determination of an appeal [relating to the issuance of final certificates or employers accounts under this chapter,] filed pursuant to this section, and the whole record consists of all evidence taken at the hearing before the manager or his designee and any findings of fact and conclusions of law based thereon.
4. As used in this section, matters relating to an employers account:
(a) Include, but are not limited to, an audit of the employers account and a determination of the appropriate classification of risk for an employers business.
κ1993 Statutes of Nevada, Page 720 (CHAPTER 265, SB 316)κ
(b) Do not include a revision of premium rates or classifications of employment pursuant to NRS 616.380.
Sec. 149. NRS 616.395 is hereby amended to read as follows:
616.395 1. Except for a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, every employer within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities and school districts, shall provide the system with a bond executed by the employer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the proper payment of premiums. All premium rates in effect on July 1, 1947, must be continued in full force until changed as provided by law.
2. Every employer within or electing to be governed by the provisions of this chapter who enters into business or resumes operations shall, before commencing or resuming operations, notify the manager of that fact, accompanying the notification with an estimate of his monthly payroll, and pay the premium on the payroll for the first 2 months of operations.
3. The amount of the bond required by this section must be determined by the manager in such a manner as he deems proper.
4. In lieu of a bond the employer may deposit with the system, under such terms as the manager may prescribe, 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 required amount must be rounded up to the next larger integral multiple of $100, and the certificate must state that the amount is unavailable for withdrawal except by direct and sole order of the manager.
5. All money received by the system pursuant to this section must be deposited with the state treasurer to the credit of the state insurance fund.
Sec. 150. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:
(a) The total amount paid to employees for services performed;
(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in case totaled $20 or more; and
(c) A segregation of employment in accordance with the requirements of the system,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be:
(a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.
(b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.