1993 Statutes of Nevada, Pages 721-960

[Rev. 2/12/2019 1:59:52 PM]

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ê1993 Statutes of Nevada, Page 721 (CHAPTER 265, SB 316)ê

(d) For the period beginning January 1, 1995, and ending December 31, 1995, the first $33,000 paid to the employee.

3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

4. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

5. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

6. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

7. The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

8. To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

Sec. 150.5. NRS 616.400 is hereby amended to read as follows:

616.400 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, 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 cash totaled $20 or more; and

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.

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ê1993 Statutes of Nevada, Page 722 (CHAPTER 265, SB 316)ê

(b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.

(d) For the period beginning January 1, 1995, and ending December 31, 1995, the first $33,000 paid to the employee.

3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

Sec. 151. NRS 616.401 is hereby amended to read as follows:

616.401 1. An employer shall:

(a) Make a copy of each report that an employee files with the employer pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to the United States Internal Revenue Service;

(b) Submit the copy to the system upon request and retain another copy for his records or , if the employer is self-insured [,] or a member of an association of self-insured public or private employers, retain the copy for his records; and

(c) If he is not self-insured [,] or a member of an association of self-insured public or private employers, pay the system the premiums for the reported tips at the same rate as he pays on regular wages.

2. The department shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.

3. The system , [or the] self-insured employer or association shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported by the employee pursuant to 26 U.S.C. § 6053. Reports made after the date of injury may not be used for the calculation of compensation.

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ê1993 Statutes of Nevada, Page 723 (CHAPTER 265, SB 316)ê

4. An employer shall notify his employees of the requirement to report income from tips for the purposes of calculating his federal income tax and for including the income in the computation of benefits pursuant to this chapter.

5. The administrator shall adopt such regulations as are necessary to carry out the provisions of this section.

Sec. 152. NRS 616.405 is hereby amended to read as follows:

616.405 1. Except for a self-insured employer [,] or an employer who is a member of an association of self-insured public employers, as soon as possible after the expiration of each quarter year, every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and the auditor or comptroller of each county, and the clerk of each municipal corporation, city, and school district, shall furnish the manager with a true and accurate payroll of the state office, department, board, commission, bureau, agency or institution, and county, metropolitan police department, municipal corporation, city, or school district, showing:

(a) The aggregate number of shifts working during the preceding quarter.

(b) The total amount paid to employees for services performed during the quarter.

2. Each of the state officers, departments, boards, commissions, bureaus, agencies and institutions shall submit claims for the amount of premiums due to the system . [; and each] Each of the auditors, comptrollers and clerks shall make up and submit to the respective governing boards of each county, metropolitan police department, municipal corporation, city, and school district, for approval, claims for the amount of premiums due the system.

Sec. 153. NRS 616.412 is hereby amended to read as follows:

616.412 1. All fees and charges for accident benefits [are subject to regulation by the department and] must not:

(a) Exceed the fees and charges usually paid in the state for similar treatment.

(b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.

2. The director shall, giving consideration to the fees and charges being paid in the state, establish a schedule or reasonable fees and charges allowable for accident benefits [.] provided to injured employees whose insurers have not contracted with an organization for managed care pursuant to section 74 of this act. The director shall review and revise the schedule on or before October 1 of each year . [and] The director may increase or decrease for schedule, but shall not increase the schedule by any factor greater than the corresponding annual increase in the Consumer Price Index (Medical Care Component) [.] , unless the advisory council of the department approves such an increase.

3. The director may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state, to provide the director with such information concerning fees and charges paid for similar services as he deems necessary to carry out the provisions of [subsections 1 and 2. The director shall not require any person to record or report his fees or charges in a manner inconsistent with the person’s own system of records.]

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ê1993 Statutes of Nevada, Page 724 (CHAPTER 265, SB 316)ê

require any person to record or report his fees or charges in a manner inconsistent with the person’s own system of records.] subsection 2. The director [may] shall require a person or entity providing records or reports of fees charged to provide interpretation and identification concerning the information delivered. The director may impose an administrative fine of $500 for each refusal to provide the information requested pursuant to this subsection.

4. The department may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:

(a) Standards for the development of the schedule of fees and charges;

(b) The periodic revision of the schedule; and

5. The department shall adopt regulations requiring the utilization of a system of billing codes as recommended by the American Medical Association.

Sec. 154. NRS 616.420 is hereby amended to read as follows:

616.420 1. If the administrator finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616.415 for which he has made arrangements, the administrator may, upon application of the employee, or upon his own motion, order a change of physicians or chiropractors or of any other requirements of accident benefits.

2. If the administrator orders a change of physicians or chiropractors or of any other accident benefits, the cost of the change must be borne by the system , [or] the self-insured employer [.] or the association of self-insured public or private employers.

3. The cause of action of an insured employee against an employer insured by the system must be assigned to the system.

Sec. 155. (Omitted in amendment.)

Sec. 156. NRS 616.425 is hereby amended to read as follows:

616.425 1. Except as otherwise provided in subsection 3, all premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the system pursuant to the terms of this chapter:

(a) Must be credited on the records of the system to the state insurance fund.

(b) Constitute, for the purpose of custody thereof, the state insurance fund, which must be held by the manager as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter. The manager is liable on his official bond for the faithful performance of his custodial duty.

2. The commissioner or the administrator may delegate to a hearing officer or panel his authority to take any disciplinary action pursuant to NRS 616.294, 616.2945 or 616.647, or sections 25 to 51, inclusive, of this act, impose and collect administrative fines pursuant to those sections and deposit the money in the fund for workers’ compensation and safety.

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ê1993 Statutes of Nevada, Page 725 (CHAPTER 265, SB 316)ê

3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the commissioner or the administrator 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 attorney’s fees or the costs of an investigation, or both.

Sec. 157. NRS 616.4261 is hereby amended to read as follows:

616.4261 1. There is hereby established as a trust fund in the state treasury the subsequent injury fund, which may be used only to make payments in accordance with the provisions of NRS 616.427 and NRS 616.428. The administrator shall administer the fund.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund must be delivered to the custody of the state treasurer.

3. All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

4. The state treasurer may disburse money from the fund only upon written order of the state controller.

5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

6. The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by [the insurers,] self-insured employers, and must be based upon expected annual expenditures for claims. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund, or any costs associated with the fund.

7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any [insurer] self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

Sec. 158. NRS 616.4261 is hereby amended to read as follows:

3. All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

4. The state treasurer may disburse money from the fund only upon written order of the state controller.

5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody.

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ê1993 Statutes of Nevada, Page 726 (CHAPTER 265, SB 316)ê

funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

6. The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by self-insured employers [,] and associations of self-insured public or private employers, and must be based upon expected annual expenditures for claims. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund, or any costs associated with the fund.

7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer or association of self-insured public or private employers who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

Sec. 159. 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] of a self-insured employer 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 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, 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 Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the department. The department shall adopt regulations incorporating the American Medical Association’s 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] self-insured employer must establish by written records that the self-insured 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 self-insured employer acquired such knowledge.

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ê1993 Statutes of Nevada, Page 727 (CHAPTER 265, SB 316)ê

5. [An insurer] A self-insured employer 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 administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund. The administrator shall notify the [insurer] self-insured employer 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. 160. NRS 616.427 is hereby amended to read as follows:

616.427 Except as otherwise provided in NRS 616.428:

1. If an employee of a self-insured employer or of a member of an association of self-insured public or private employers 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 disability that is subsequently 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.

3. As used in this section, “permanent physical impairment” means any permanent conditions, 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 Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the department. The department shall adopt regulations incorporating the American Medical Association’s 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 self-insured employer or association of self-insured public or private employers must establish by written records that the [self-insured] 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 [self-insured] employer acquired such knowledge.

5. A self-insured employer or association of self-insured public or private employers 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.

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ê1993 Statutes of Nevada, Page 728 (CHAPTER 265, SB 316)ê

subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.

6. The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund. The administrator shall notify the self-insured employer or association of self-insured public or private employers of his decision on such a claim within 90 days after the claim is received.

Sec. 161. NRS 616.428 is hereby amended to read as follows:

616.428 1. [An insurer] A self-insured employer who pays compensation due to an employee who 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 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 is entitled to be reimbursed from the subsequent injury fund if:

(a) The employee knowingly [or willfully] made a false representation as to his physical condition at the time he was hired by the self-insured employer;

(b) The self-insured employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury fund.

2. [An insurer] A self-insured employer shall notify the administrator of any possible claim against the subsequent injury fund pursuant to this section no later than 60 days after the date of the subsequent injury or the date the [insurer] self-insured employer learns of the employee’s false representation, whichever is later.

Sec. 162. NRS 616.428 is hereby amended to read as follows:

616.428 1. A self-insured employer or association of self-insured public or private employers who pays compensation due to an employee who 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 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 is entitled to be reimbursed from the subsequent injury fund if:

(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the self-insured employer [;] or member of an association of self-insured public or private employers;

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ê1993 Statutes of Nevada, Page 729 (CHAPTER 265, SB 316)ê

(b) The [self-insured] employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

2. A self-insured employer or association of self-insured public or private employers shall notify the administrator of any possible claim against the subsequent injury fund pursuant to this section no later than 60 days after the date of the subsequent injury or the date the [self-insured] employer learns of the employee’s false representation, whichever is later.

Sec. 163. NRS 616.490 is hereby amended to read as follows:

616.490 1. If the provisions of this chapter relative to compensation for injuries to or death of employees become invalid because of any adjudication, or are repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this chapter by lump sum payment or completed monthly payments, and [such] the repeal or the rendition of the final adjudication of the validity [shall] must not be computed as a part of the time limited by law for the commencement of any action relating to [such] the injury or death if the action is commenced within 1 year after [such] the repeal or adjudication.

2. In any such action , any sum paid out of the state insurance fund or by a self-insured employer or an association of self-insured public or private employers by reason of injury to an employee by whom, or by whose dependents, the action is prosecuted, [shall] must be taken into account and credited upon the recovery as payment.

Sec. 164. NRS 616.497 is hereby amended to read as follows:

616.497 1. Notwithstanding the provisions of chapter 355 of NRS or of any other law, the manager may, [pursuant to a resolution of the board,] with the approval of the governor, invest and reinvest any money in the funds of the system deemed available for investment as provided in NRS 616.4971 to 616.4984, inclusive, and may employ investment counsel for that purpose.

2. The provisions of NRS 616.497 to 616.4984, inclusive, do not prevent the manager from making investments in accordance with the provisions of chapter 355 of NRS.

Sec. 164.5. NRS 616.497 is hereby amended to read as follows:

616.497 1. Notwithstanding the provisions of chapter 355 of NRS or of any other law, the manager may [, with the approval of the governor,] invest and reinvest any money in the funds of the system deemed available for investment as provided in NRS 616.4971 to 616.4984, inclusive, and may employ investment counsel for that purpose.

2. The provisions of NRS 616.497 to 616.4984, inclusive, do not prevent the manager from making investments in accordance with the provisions of chapter 355 of NRS.

Sec. 165. NRS 616.4971 is hereby amended to read as follows:

616.4971 1. No person engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.

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ê1993 Statutes of Nevada, Page 730 (CHAPTER 265, SB 316)ê

receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.

2. The [board] governor shall not engage investment counsel unless:

(a) The principal business of the person selected by the [board] governor consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of money on the basis of the individual needs of each client;

(b) The person and his predecessors have been continuously engaged in such business for a period of 3 or more years, and, if a firm or corporation, the senior management personnel of the firm or corporation have an average of 10 years professional experience as investment managers;

(c) The person as of the time originally hired, has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in this state;

(d) The person is registered as an investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank;

(e) The contract between the system and the investment counsel is of no specific duration and is voidable at any time by either party; and

(f) The person has been approved by the state board of finance for employment as investment counsel.

3. More than one investment counsel may be employed in the discretion of the [board.] governor.

4. The expense of such employment must be paid from the state insurance fund.

5. Any investment program adopted by the system and all investments made thereunder must be reported quarterly in writing by the [board] governor to the state board of finance, and the report is subject to review by the state board of finance. The state board of finance may require the [board] governor to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the [board] governor has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the [board] governor to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance must be in writing.

6. With the approval of the state board of finance, the [board] governor may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4984, inclusive.

7. The system may accept due bills from brokers upon delivery of warrants if the certificates representing the investments are not readily available.

Sec. 165.5. NRS 616.4971 is hereby amended to read as follows:

2. The [governor] manager shall not engage investment counsel unless:

(a) The principal business of the person selected by the [governor] manager consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of money on the basis of the individual needs of each client;

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ê1993 Statutes of Nevada, Page 731 (CHAPTER 265, SB 316)ê

of continuous advice as to the investment of money on the basis of the individual needs of each client;

(c) The person as of the time originally hired, has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in this state;

(d) The person is registered as an investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank;

(e) The contract between the system and the investment counsel is of no specific duration and is voidable at any time by either party; and

(f) The person has been approved by the state board of finance for employment as investment counsel.

3. More than one investment counsel may be employed in the discretion of the [governor.] manager.

4. The expense of such employment must be paid from the state insurance fund.

5. Any investment program adopted by the system and all investments made thereunder must be reported quarterly in writing by the [governor] manager to the state board of finance, and the report is subject to review by the state board of finance. The state board of finance may require the [governor] manager to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the [governor] manager has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the [governor] manager to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance must be in writing.

6. With the approval of the state board of finance, the [governor] manager may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4984, inclusive.

7. The system may accept due bills from brokers upon delivery of warrants if the certificates representing the investments are not readily available.

Sec. 166. NRS 616.500 is hereby amended to read as follows:

616.500 1. [Notice of the injury for which compensation is payable under this chapter must be given to the insurer] An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within 30 days after the accident.

2. [In the event of the death of the employee resulting from the injury, notice must be given to the insurer as soon as practicable, but within 30 days after death.

3.] The notice required by subsection 1 must:

(a) Be [in writing;

(b) Contain the name and address of the injured employee;

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ê1993 Statutes of Nevada, Page 732 (CHAPTER 265, SB 316)ê

(d)] on a form prescribed by the administrator. The form must allow the injured employee or his dependent to describe briefly the accident that caused the injury or death.

(b) Be signed by the injured employee or by a person on his behalf, or in the event of the employee’s death, by one [or more] of his dependents or by a person [on their behalf.

4. No proceeding under this chapter for compensation for an injury may be maintained unless the injured employee, or someone on his behalf, files with the insurer a claim for compensation with respect to the injury within 90 days after the accident, or, in the event of the employee’s death, within 1 year after death.

5. The notice required by this section must be served by delivery of a copy of the notice, or by mailing a copy thereof in a sealed postpaid envelope addressed to the insurer. Such mailing constitutes complete service.

6. Failure to give notice or to file a claim for compensation within the time specified in this section is a bar to any claim for compensation under this chapter, but such failure may be excused by the insurer on one or more of the following grounds:

(a) That there was good cause for the failure to give notice or file the claim.

(b) That notice for some sufficient reason could not have been made.

(d) That failure to give notice was because of the employee’s or beneficiary’s mistake or ignorance of fact or of law, or of his physical or mental inability, or because of fraud, misrepresentation or deceit.

7. The insurer shall accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within 14 working days after the notice provided for in this section is received. If additional information is necessary to determine liability, the administrator may, upon good cause shown by the insurer, extend the period to 45 days upon notice to the claimant. If additional information is still necessary, the administrator may, upon good cause shown by the insurer, grant a further extension if the claimant gives his written consent, but the total period may not be extended to more than 75 days.] acing on behalf of the dependent.

(d) Be prepared in duplicate so that the injured employee or his dependent and the employer can retain a copy of the notice.

3. Upon receipt of the notice required by subsection 1, the employer, the injured employee’s supervisor or the agent of the employer who was in charge of the type of work or the area where the accident occurred shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.

4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.

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ê1993 Statutes of Nevada, Page 733 (CHAPTER 265, SB 316)ê

5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the accident. An employer insured by the system shall not file a notice of injury with the system.

Sec. 167. NRS 616.502 is hereby amended to read as follows:

616.502 1. The insurer may not, in accepting responsibility for any charges, use fee schedules which unfairly discriminate among physicians and chiropractors.

2. If a physician or chiropractor is removed from the panel established pursuant to NRS 616.342 [,] or from participation in a plan for managed care established pursuant to section 74 or 78 of this act, he must not be paid for any services rendered to the injured employee after the date of his removal.

Sec. 168. NRS 616.510 is hereby amended to read as follows:

616.510 1. A person is conclusively presumed to be totally dependent upon an injured or deceased employee if the person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years, or over that age if physically or mentally incapacitated from wage earning, and there is no surviving parent. Stepparents may be regarded in this chapter as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this chapter as a natural child or children if the existence and fact of dependency are shown.

2. [Questions] Except as otherwise provided in subsection 13 of NRS 616.615, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.

3. The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.

Sec. 169. NRS 616.515 is hereby amended to read as follows:

616.515 1. Every injured employee within the provisions of this chapter [shall be] is entitled to receive [, and shall receive promptly,] promptly such accident benefits as may reasonably be required at the time of the injury and within 6 months thereafter . [, which] Such benefits may be further extended for additional periods as may be required.

2. An injured employee is entitled to receive as an accident benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if:

(a) As a result of an injury arising out of and in the course of his employment, he is quadriplegic, paraplegic or has had a part of his body amputated; and

(b) He cannot be fitted with a prosthetic device which allows him to operate a motor vehicle safely.

3. If an injured employee is entitled to receive a motor vehicle pursuant to subsection 2, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference:

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ê1993 Statutes of Nevada, Page 734 (CHAPTER 265, SB 316)ê

(a) A motor vehicle owned by the injured employee must be so modified if the insurer or employer providing accident benefits determines that it is reasonably feasible to do so.

(b) A used motor vehicle must be so modified if the insurer or employer providing accident benefits determines that it is reasonably feasible to do so.

Sec. 169.5. NRS 616.517 is hereby amended to read as follows:

616.517 1. The system shall establish teams of employees of the system to manage extended claims. Each such team must include a claims examiner, nurse and vocational rehabilitation counselor.

2. The case load for a claims examiner who is a member of such a team must not exceed 200 active claims. The manager shall determine the case load for the other members of a team. The case load for vocational rehabilitation counselors [who conduct full vocational assessments must not exceed 35 active claims.] must comply with the requirements of section 21.1 of this act.

3. Within 10 days after a case is assigned to a team to manage extended claims, a nurse or a claims examiner who represents the system shall consult with the injured employee, the employer and the physician of the injured employee to establish a plan of care for the injured employee, whenever practicable.

4. The plan of care for the injured employee must provide early intervention, if appropriate, and may include:

(a) Physical therapy, medical services and rehabilitation;

(b) Occupational therapy;

(d) Vocational rehabilitation services; and

(e) Diagnostic services.

5. The team shall provide the employer and the treating physician or chiropractor with information concerning the injured employee, including:

(a) Any changes in the treating physician or chiropractor; and

(b) Information concerning the denial of a claim.

Sec. 170. NRS 616.520 is hereby amended to read as follows:

616.520 1. Except as otherwise provided in subsection 4 of NRS 616.260, if an employee who has been hired or is regularly employed in this state [,] receives personal injury by accident arising out of and in the course of such employment outside of this state, he, or his dependents in case of his death, are entitled to receive compensation according to the law of this state, and such compensation is the exclusive remedy of the employee or dependents.

2. The provisions of this section apply only to those injuries received by the employee within 6 months after leaving this state, unless before the expiration of the 6-month period the employer has filed with the system or, in the case of a self-insured employer [,] or an association of self-insured public or private employers, with the administrator notice that he has elected to extend the coverage for a greater period . [of time.]

Sec. 171. NRS 616.530 is hereby amended to read as follows:

616.530 1. If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation for the injury or death from his employer, the act of commencing such action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this state.

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ê1993 Statutes of Nevada, Page 735 (CHAPTER 265, SB 316)ê

representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation for the injury or death from his employer, the act of commencing such action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this state.

2. If the injured employee, his personal or legal representatives, dependents or next of kin recover a final judgment against the employer for damages arising out of the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this state, up to the full amount thereof, but less any sums previously paid for the injury or death, must be applied in satisfaction of the judgment as follows:

(a) Upon receipt of an authenticated copy of the final judgment and writ of execution or other process issued in aid thereof, the insurer shall forthwith determine the total amount of compensation which would have been payable under the laws of this state [had] if a claim therefor had been made to the insurer. In the case of compensation payable in installments, the insurer shall convert it into a lump sum amount by such system of computation as the administrator deems proper.

(b) The insurer shall thereupon order to be paid in full or partial satisfaction of the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is [the lesser.] less.

(c) Except for a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, if the judgment is satisfied fully by the employer before any payment by the system pursuant to paragraph (b), the amount payable thereunder must be paid to the employer.

Sec. 172. NRS 616.535 is hereby amended to read as follows:

616.535 1. Any employee who is entitled to receive compensation under this chapter shall, if:

(a) Requested by the insurer; or

(b) Ordered by an appeals officer or a hearing officer,

submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the department.

2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.

3. The request or order for [the] an examination must fix a time and place therefor, with due regard for the nature of the medical examination, the convenience of the employee, his physical condition and his ability to attend at the time and place fixed.

[3.] 4. The employee is entitled to have a physician or chiropractor, provided and paid for by him, present at any such examination.

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ê1993 Statutes of Nevada, Page 736 (CHAPTER 265, SB 316)ê

[4.] 5. If the employee refuses to submit to [any such] an examination ordered or requested pursuant to subsection 1 or 2 or obstructs [it,] the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

[5.] 6. Any physician or chiropractor who makes or is present at any such examination may be required to testify as to the result thereof.

Sec. 173. NRS 616.539 is hereby amended to read as follows:

616.539 1. If an injured employee disagrees with the percentage of disability determined by a physician [,] or chiropractor, the injured employee may [choose another] select the next physician or chiropractor in rotation from the list [established] of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616.605 and obtain a second determination of the percentage of disability. The injured employee shall pay for the second determination.

2. The results of a second determination made pursuant to subsection 1 may be offered at any hearing or settlement conference.

3. If a hearing officer or appeals officer determines, or if the parties agree, that the percentage of disability of the injured employee is greater than the first determination, the insurer shall reimburse the injured employee for the costs of the second determination.

Sec. 174. (Omitted in amendment.)

Sec. 175. NRS 616.5412 is hereby amended to read as follows:

616.5412 1. Any person who is subject to the jurisdiction of the hearing officers pursuant to this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within [his] the hearing officer’s authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.

2. [A] Except as otherwise provided in section 79 of this act, a person who is aggrieved by:

(a) A written determination of an insurer; or

(b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,

may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must be filed within [60] 70 days after the date on which the notice of [its] the insurer’s determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. [Except as otherwise provided in subsection 7 of NRS 616.500, the] The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.

3. Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.

4. The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.

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ê1993 Statutes of Nevada, Page 737 (CHAPTER 265, SB 316)ê

5. The parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer.

Sec. 176. NRS 616.5414 is hereby amended to read as follows:

616.5414 If an employee of a self-insured employer is dissatisfied with a decision of his employer, he may [request a hearing before the hearing officer.] seek to resolve the dispute pursuant to section 79 of this act and NRS 616.5412 to 616.544, inclusive.

Sec. 177. NRS 616.5414 is hereby amended to read as follows:

616.5414 If 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 is dissatisfied with a decision of his employer [,] or the association, he may seek to resolve the dispute pursuant to section 79 of this act and NRS 616.5412 to 616.544, inclusive.

Sec. 178. NRS 616.5415 is hereby amended to read as follows:

616.5415 1. It is unlawful for any person who is not:

(a) Employed full time by the employee’s labor organization;

(b) Admitted to practice law in this state; or

to represent the employee before a hearings officer. It is unlawful for any person who is not admitted to practice law in this state to represent the employee before an appeals officer.

2. It is unlawful for any person who is not:

(a) Employed full time by the employer of [the employee’s labor organization;] a trade association to which the employer belongs;

(b) Admitted to practice law in this state; or

to represent the employer [or employee] at hearings on contested cases . [unless licensed to do so by the commissioner.

2.] 3. The commissioner shall adopt regulations which include the:

(a) Requirements for licensure of employers’ [and employees’] representatives, including:

(1) The registration of each representative; and

(2) The filing of a copy of each written agreement for the compensation of a representative;

(b) Procedure for such licensure; and

(c) Causes for revocation of such a license, including any applicable action listed in NRS 616.647 or a violation of this section.

[3.] 4. Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter, the employer is liable for any penalty assessed because of that violation.

[4.] 5. An employer shall not make the compensation of any person representing him contingent in any manner upon the outcome of any contested claim.

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ê1993 Statutes of Nevada, Page 738 (CHAPTER 265, SB 316)ê

[5.] 6. The commissioner shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as an employer’s [or an employee’s] representative:

(a) Application and license ...................................................................... $78

(b) Triennial renewal of each license ...................................................... 78

Sec. 179. NRS 616.5416 is hereby amended to read as follows:

616.5416 1. The hearing officer shall:

(a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request;

(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada attorney for injured workers.

3. If necessary to resolve a medical question concerning an injured employee’s condition, the hearing officer may refer the employee to a physician or chiropractor chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor . [designated by the administrator.] The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616.605, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

4. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

5. The hearing officer shall render his decision within [7] 15 days after:

(a) The hearing; or

(b) He receives a copy of the report from the medical examination he requested.

6. The hearing officer shall render his decision in the most efficient format developed by the chief of the hearings division of the department of administration.

7. The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

8. The decision of the hearing officer is not stayed if an appeal from that decision is taken unless a stay is granted by the hearing officer or an appeals officer . [within 15 days after the date on which the decision was rendered.]

Sec. 180. NRS 616.542 is hereby amended to read as follows:

616.542 1. The governor shall appoint one or more appeals officers to conduct hearings in contested claims for compensation [under this chapter and chapter 617 of NRS.] pursuant to NRS 616.5426. Each appeals officer shall hold office for 2 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the state.

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ê1993 Statutes of Nevada, Page 739 (CHAPTER 265, SB 316)ê

2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law.

3. If an appeals 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 governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer is entitled to be paid at an hourly rate, based upon the appeals officer’s salary.

4. The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under this chapter or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.

Sec. 180.5. NRS 616.5422 is hereby amended to read as follows:

616.5422 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.

2. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to section 79 of this act and:

(a) A final decision was rendered pursuant to that procedure; or

(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,

the employee or, in the event of his death, his dependent may file a notice of appeal within 70 days after the date on which the final decision was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written decision within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

3. The filing of a notice of appeal does not automatically stay the enforcement of the decision of [the] a hearing officer [.] or a decision rendered pursuant to section 79 of this act. The appeals officer may order a stay, when appropriate, upon the application of a party.

[3.] 4. The appeals officer shall, within 10 days after receiving a notice of appeal [,] pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616.5412, schedule a hearing for a date and time within [45] 90 days after his receipt of the notice and give notice by mail or by personal service to all parties to the [appeal] matter and their attorneys or agents at least 30 days before the date and time scheduled. A request to schedule the hearing for a date and time within 60 days after the receipt of the notice of appeal or contested claim may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.

[4.] 5. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.

[5.] 6. Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to appeal the decision.

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ê1993 Statutes of Nevada, Page 740 (CHAPTER 265, SB 316)ê

the forms necessary to appeal the decision. The claimant, employer or insurer shall notify the hearing officer of a change of address.

Sec. 181. NRS 616.5424 is hereby amended to read as follows:

616.5424 At any time 10 or more days before a scheduled hearing before an appeals officer, the administrator , [or] the manager [,] or the manager’s designee, a party shall mail or deliver to the opposing party any affidavit which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced into evidence, will have the same effect as if the affiant had given sworn testimony before the appeals officer, the administrator , [or] the manager [.] or the manager’s designee.

Sec. 182. NRS 616.5426 is hereby amended to read as follows:

616.5426 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

3. If necessary to resolve a medical question concerning an injured employee’s condition, the appeals officer may refer the employee to a physician or chiropractor chosen by the appeals officer. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor . [designated by the administrator.] The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616.605, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

4. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

5. The appeals officer shall render his decision:

(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

(b) If a transcript has not been ordered, within 30 days after the date of the hearing.

6. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision

Sec. 183. (Omitted in amendment.)

Sec. 184. NRS 616.543 is hereby amended to read as follows:

616.543 1. No judicial proceedings may be instituted for compensation for an injury or death under this chapter unless:

(a) A claim for compensation is filed as provided in [NRS 616.500;] section 12 of this act; and

(b) A final decision of an appeals officer has been rendered on such claim.

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ê1993 Statutes of Nevada, Page 741 (CHAPTER 265, SB 316)ê

2. Judicial proceedings instituted for compensation for an injury or death, under this chapter are limited to judicial review of the decision of an appeals officer.

Sec. 185. (Omitted in amendment.)

Sec. 186. NRS 616.544 is hereby amended to read as follows:

616.544 If a party petitions the district court for judicial review of a final decision of an appeals officer , [or] the manager [,] or the manager’s designee, and the petition is found by the district court to be frivolous or brought without reasonable grounds, the district court may order costs and a reasonable attorney’s fee to be paid by the petitioner.

Sec. 187. NRS 616.545 is hereby amended to read as follows:

616.545 1. If [a] an application to reopen a claim to increase or rearrange compensation is made in writing more than 1 year after the date on which the claim was closed, the insurer shall reopen the claim if:

(a) A change of circumstances warrants an increase or rearrangement of compensation during the life of [an injured employee, application may be made therefor.] the claimant;

(b) The primary cause of the change of circumstances is the injury for which the claim was originally made; and

(c) The application [must be in writing and] is accompanied by the certificate of a physician [,] or a chiropractor showing a change of circumstances which would warrant an increase or rearrangement of compensation. [No increase or rearrangement is effective before the application is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.]

2. After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the physician or chiropractor treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.

3. If a claimant applies for a claim to be reopened pursuant to subsection 1 or 2 and a final determination denying the reopening is issued, the claimant shall not reapply to reopen the claim until at least 1 year after the date on which the final determination is issued.

4. Except as otherwise provided in subsection 5, if an application to reopen a claim is made in writing within 1 year after the date on which the claim was closed, the insurer shall reopen the claim only if there is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.

5. An application to reopen a claim must be made in writing within 1 year after the date on which the claim was closed if:

(a) The claimant was not off work as a result of the injury; and

(b) The claimant did not receive benefits for a permanent partial disability. If an application to reopen a claim to increase or rearrange compensation is made pursuant to this subsection, the insurer shall reopen the claim if the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met.

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ê1993 Statutes of Nevada, Page 742 (CHAPTER 265, SB 316)ê

6. If an employee’s claim is reopened pursuant to this section, he is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before his claim was reopened, he:

(a) Retired; or

(b) Otherwise voluntarily removed himself from the work force,

for reasons unrelated to the injury for which the claim was originally made.

7. One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection.

8. An increase or rearrangement of compensation is not effective before an application for reopening a claim is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.

9. A claim that automatically closes pursuant to subsection 2 of NRS 616.567 may not be reopened pursuant to this section.

Sec. 188. NRS 616.560 is hereby amended to read as follows:

616.560 1. If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable under this chapter or chapter 617 of NRS and, notwithstanding the provisions of NRS 616.370, receive payment from the employer for that injury:

(a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount paid by the employer.

(b) The insurer, or in the case of claims involving the uninsured employer’s claim fund or the subsequent injury fund the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents received compensation pursuant to the provisions of this chapter.

This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.

2. When an employee [coming under the provisions of this chapter] receives an injury for which compensation is payable [under] pursuant to the provisions of this chapter and which 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:

(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] to receive pursuant to the provisions of 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 employee’s injury.

(b) If the injured employee, or in case of death his dependents, receive compensation [under] pursuant to the provisions of 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.

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ê1993 Statutes of Nevada, Page 743 (CHAPTER 265, SB 316)ê

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.

3. When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employer’s policy of uninsured or underinsured vehicle coverage:

(a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of proceeds received.

(b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in the case of claims involving the uninsured employers’ claim fund or the subsequent injury fund the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

4. In any action or proceedings taken by the insurer or the administrator [under] pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the underinsured 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 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.] 5. 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,] 2 or 3, the insurer or the administrator has a lien upon the total proceeds 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 employee’s injury.

[3.] 6. The lien provided for under subsection [2] 1 or 5 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.

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ê1993 Statutes of Nevada, Page 744 (CHAPTER 265, SB 316)ê

[4.] 7. An injured employee, or in the case of death his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or subsequent injury fund the administrator, in writing before initiating a proceeding or action pursuant to this section.

8. Within 15 days [of] after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise [, the] :

(a) The injured employee or his [representative] dependents, or the attorney or representative of the injured employee or his dependents; and

(b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or subsequent injury fund the administrator, of 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 the total recover.

[5.] The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

9. An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.

10. 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] must 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:

“Payment of workmen’s 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, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer 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 court’s instructions on damages and return your verdict in the plaintiff’s 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.] 11. For the purposes of calculating an employer’s premium, the employer’s account 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 system’s 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 employee’s claim.

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ê1993 Statutes of Nevada, Page 745 (CHAPTER 265, SB 316)ê

12. As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.

Sec. 189. NRS 616.563 is hereby amended to read as follows:

616.563 1. If an insurer determines that an employee has [willfully] knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the willful misrepresentation or concealment of a material fact.

2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616.5412 to 616.544, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to the employee, in addition to any benefits or payments the employee is entitled to receive [.] , if:

(a) The final decision is favorable to the employee; and

(b) The administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment.

3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616.675.

Sec. 190. NRS 616.565 is hereby amended to read as follows:

616.565 1. Compensation is not payable pursuant to the provisions of this chapter for an injury:

(a) Caused by the employee’s willful intention to injure himself.

(b) Caused by the employee’s willful intention to injure another.

(c) Proximately caused by the employee’s intoxication, whether by alcohol or a controlled substance. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

2. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

3. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.

4. An injured employee’s compensation, other than accident benefits, must be suspended if:

(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and

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ê1993 Statutes of Nevada, Page 746 (CHAPTER 265, SB 316)ê

(b) It is within the ability of the employee to correct the nonindustrial condition or injury.

The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.

Sec. 191. NRS 616.567 is hereby amended to read as follows:

616.567 1. Except as otherwise provided in subsection 2:

(a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant. The notice must include a statement that if the claimant does not agree with the determination, he has a right to [a hearing before a hearing officer on the closing of his claim, and that he may request a hearing, in writing, on the form provided with the notice, within 60 days after the date on which the notice was mailed by the insurer.] request a resolution of the dispute pursuant to NRS 616.5412 to 616.544, inclusive, and section 79 of this act. A suitable form for requesting a [hearing] resolution of the dispute must be enclosed with the notice. The closure of a claim is not effective unless notice is given as required by this subsection.

[2.] (b) If the insurer does not receive a request for [a hearing before a hearing officer within 60 days after mailing the notice,] the resolution of the dispute, it may close the claim. [Upon receiving a request for a hearing, the insurer shall treat the claim as a contested case for the purposes of the hearing.

3.] (c) Notwithstanding the provisions of NRS 233B.125, [in any] if a hearing is conducted [pursuant to this section,] to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

2. If the medical benefits required to be paid for a claim are less than $500, the claim closes automatically if the claimant does not receive medical treatment for the injury for at least 6 months. The claimant may not appeal the closing of such a claim.

Sec. 192. (Omitted in amendment.)

Sec. 193. NRS 616.580 is hereby amended to read as follows:

616.580 [Every]

1. Except as otherwise provided in section 19 of this act, every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, is entitled to receive the following compensation for permanent total disability:

[1.] (a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage.

[2. Where]

(b) If there is a previous disability, as the loss of one eye, one hand, one foot or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

[3. In cases of permanent total disability, if]

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ê1993 Statutes of Nevada, Page 747 (CHAPTER 265, SB 316)ê

(c) If the character of the injury is such as to render the [workman] employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the [workman] employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616.410 and 616.415.

2. An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists.

Sec. 194. NRS 616.585 is hereby amended to read as follows:

616.585 1. [Every] Except as otherwise provided in this section, section 19 of this act and NRS 616.545, every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

2. Except as otherwise provided in NRS 616.252, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.

3. If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability [.

3.] are regularly thereafter.

4. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

[4. For purposes of the payment of benefits for a temporary total disability under this section, the period of]

5. Payments for a temporary total disability [ceases when any] must cease when:

(a) A physician or chiropractor determines that the employee is physically capable of any gainful employment [.

5. Each insurer shall, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the department for the injured employee to request continued compensation for the temporary total disability.] for which the employee is suited, after giving consideration to the employee’s education, training and experience;

(b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or

6. The insurer shall issue to the injured employee, not less than 6 working days before the [beginning] end of the period specified in the form, a check for the compensation due the employee for that period, if:

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ê1993 Statutes of Nevada, Page 748 (CHAPTER 265, SB 316)ê

(a) The injured employee has completed and returned the form to the insurer; or

(b) There is documentation with the insurer which indicates a continuing disability [.] during that period.

A check shall be deemed delivered upon the date that it is postmarked, if it is properly addressed and the postage is prepaid.

7. A certificate of disability issued by a physician or chiropractor must:

(a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;

(b) Specify whether the limitations or restrictions are permanent or temporary; and

8. If certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident is not required to comply with NRS 616.222 and sections 21.2 to 21.8, inclusive, of this act or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee a position that is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment, the hours he is required to work and the salary he will be paid.

Sec. 195. NRS 616.605 is hereby amended to read as follows:

616.605 1. [Every] Except as otherwise provided in section 19 of this act, every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

2. Within 30 days after receiving from [the treating] a physician or chiropractor [chosen pursuant to NRS 616.342] a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with a rating physician or chiropractor to determine the extent of the employee’s disability. The insurer shall select a physician or chiropractor from a group of rating physicians and chiropractors designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the department pursuant to subsection 3 of NRS 616.427. Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the administrator, according to their area of specialization and the order in which their names appear on the list.

3. At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:

(a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and

(b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.

The notice must be on a form approved by the administrator and provided to the injured employee by the insurer at the time of the insurer’s request.

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ê1993 Statutes of Nevada, Page 749 (CHAPTER 265, SB 316)ê

4. A rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

[4.] 5. The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

(a) Of the compensation to which he is entitled pursuant to this section; or

(b) That he is not entitled to benefits for permanent partial disability.

[5.] 6. Each 1 percent of impairment of the whole man must be compensated by a monthly payment [of] :

(a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981 [, and] ;

(b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981 [,] and before the effective date of this section; and

(c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after the effective date of this section.

Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

[6.] 7. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

[7.] 8. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

[8.] 9. The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

[9.] 10. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

[10.] 11. This section does not entitle any person to double payments for the death of [a workman] an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

Sec. 196. NRS 616.607 is hereby amended to read as follows:

616.607 1. Except as otherwise provided in NRS 616.5435, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

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ê1993 Statutes of Nevada, Page 750 (CHAPTER 265, SB 316)ê

who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation is accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

(c) Any claimant injured on or after July 1, 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:

(a) His right to reopen his claim according to the provisions of NRS 616.545; and

(b) Any counseling, training or other rehabilitative services provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

3. Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

4. Except as otherwise provided in this subsection, the total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump sum payment must be calculated for the remaining payment of compensation.

5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection [5] 6 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.

6. If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.

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ê1993 Statutes of Nevada, Page 751 (CHAPTER 265, SB 316)ê

Sec. 197. NRS 616.610 is hereby amended to read as follows:

616.610 [Every]

1. Except as otherwise provided in subsection 2 and section 19 of this act, every employee in the employ of an employer, within the provisions of this chapter, who [shall be] is injured by accident arising out of and in the course of employment, [shall be] is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.

2. Except as otherwise provided in NRS 616.252, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary partial disability during the time the employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits if the injured employee is released from incarceration during the period of disability specified in subsection 1 and he is certified as temporarily partially disabled by a physician or chiropractor.

Sec. 198. NRS 616.615 is hereby amended to read as follows:

616.615 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation is known as a death benefit, and is payable as follows:

1. In addition to any other compensation payable pursuant to this chapter, burial expenses are payable in an amount not to exceed $5,000. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer if the transportation is not beyond the continental limits of the United States.

2. To the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until his death or remarriage, with 2 years’ compensation payable in one lump sum upon remarriage.

3. In the event of the subsequent death of the surviving spouse:

(a) Each surviving child of the deceased employee must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.

(b) [If] Except as otherwise provided in subsection 11, if the children have a guardian, the compensation [on account of them] they are entitled to receive may be paid to the guardian.

4. Upon the remarriage of a surviving spouse with children:

(a) The surviving spouse must be paid 2 years’ compensation in one lump sum and further benefits must cease; and

(b) Each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.

5. If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support.

6. Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:

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ê1993 Statutes of Nevada, Page 752 (CHAPTER 265, SB 316)ê

(a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 33 1/3 percent of the average monthly wage.

(b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 66 2/3 percent of the average monthly wage.

(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.

7. The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.

8. In all other cases involving a question of total or partial dependency:

(a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.

(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

(c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

9. Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

10. In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to him, funeral expenses are payable in an amount not to exceed $5,000.

11. If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019.

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ê1993 Statutes of Nevada, Page 753 (CHAPTER 265, SB 316)ê

12. Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his proportionate share of compensation pursuant to this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if he is:

(a) Over 18 years of age and incapable of [self-support,] supporting himself, until such time as he becomes capable of [self-support;] supporting himself; or

(b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.

13. As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death.

Sec. 199. NRS 616.617 is hereby amended to read as follows:

616.617 1. If an injured employee is eligible for vocational rehabilitation services pursuant to [subsection 3 of] NRS 616.222, the insurer and the injured employee may execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services.

2. If the insurer and the injured employee execute an agreement pursuant to subsection 1, the acceptance of the payment of compensation in a lump sum by the injured employee extinguishes his right to receive vocational rehabilitation services under his claim. Except as otherwise required by federal law, an injured employee shall not receive vocational rehabilitation services from any state agency after he accepts payment of compensation in a lump sum pursuant to this section.

3. Before executing an agreement pursuant to subsection 1, an insurer [must;] shall:

(a) Order an assessment of and counseling concerning the vocational skills of the injured employee [;] , unless the provisions of section 21.9 of this act are applicable;

(b) Consult with the employer of the injured employee; [and]

(1) That the injured employee is urged to seek assistance and advice from the Nevada attorney for injured workers or to consult with a private attorney before signing the agreement.

(2) That the injured employee may rescind the agreement within 20 days after he signs it.

(3) That the 20-day period pursuant to subparagraph (2) may not be waived.

(4) That acceptance by the injured employee of payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services extinguishes his right to receive such services.

4. No payment of compensation in a lump sum may be made pursuant to this section until the 20-day period provided for the rescission of the agreement has expired.

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ê1993 Statutes of Nevada, Page 754 (CHAPTER 265, SB 316)ê

Sec. 199.5. NRS 616.620 is hereby amended to read as follows:

616.620 Except as otherwise provided by NRS 616.5435, 616.607, 616.615 and 616.617, and section 21.9 of this act, the insurer shall not make or allow any lump-sum settlements.

Sec. 200. NRS 616.625 is hereby amended to read as follows:

616.625 1. Except as otherwise provided by specific statute, the amount of compensation and benefits and the person or persons entitled thereto must be determined as of the date of the accident or injury to the employee, and their rights thereto become fixed as of that date.

2. If the employee incurs a subsequent injury or disability that primarily arises from a previous accident or injury that arose out of and in the course of his employment, the date of the previous accident or injury must be used to determine the amount of compensation and benefits to which the claimant is entitled.

Sec. 200.5. NRS 616.6283 is hereby amended to read as follows:

616.6283 1. Each person who is receiving or is entitled to receive compensation for a permanent total disability pursuant to NRS 616.580 or a death benefit pursuant to NRS 616.615 for an industrial injury or occupational disease which occurred before July 1, [1975,] 1980, is entitled to receive compensation of not less than [$400] $600 each month.

2. A self-insured employer shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer.

3. A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.

4. The administrator shall adopt regulations to carry out the provisions of this section.

Sec. 201. NRS 616.6283 is hereby amended to read as follows:

616.6283 1. Each person who is receiving or is entitled to receive compensation for a permanent total disability pursuant to NRS 616.580 or a death benefit pursuant to NRS 616.615 for an industrial injury or occupational disease which occurred before July 1, 1980, is entitled to receive compensation of not less than $600 each month.

2. A self-insured employer or an association of self-insured public or private employers shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer [.] or association.

3. A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.

4. The administrator shall adopt regulations to carry out the provisions of this section.

Sec. 201.5. NRS 616.630 is hereby amended to read as follows:

616.630 1. If the manager finds that an employer within the provisions of NRS 616.285 has failed to provide and secure compensation as required by the terms of this chapter, he shall make a determination thereon and charge the employer an amount equal to three times the premiums that would otherwise have been owed to the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing or securing compensation, but not to exceed 6 years.

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ê1993 Statutes of Nevada, Page 755 (CHAPTER 265, SB 316)ê

the period that the employer was doing business in this state without providing or securing compensation, but not to exceed 6 years.

2. The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager’s determination may appeal from the determination pursuant to subsection 2 of NRS 616.635.

3. Any employer within the provisions of NRS 616.285 who fails to provide and secure compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a gross misdemeanor.

[2. If the administrator or interested employee complains to the district attorney of any county that an employer in his county has violated the provisions of this section, the district attorney shall investigate the complaint. If, after investigation, the district attorney determines that a violation of this section may be proven beyond a reasonable doubt, he shall prosecute the employer for the offense regardless of whether a civil penalty is imposed or may be imposed.

3. If the administrator or interested employee complains to the attorney general of any neglect of any district attorney in the performance of his duties pursuant to subsection 2, the attorney general shall investigate the complaint. If, after investigation, the attorney general determines that:

(a) A violation of this section may be proven beyond a reasonable doubt, he shall prosecute the employer for the offense regardless of whether a civil penalty is imposed or may be imposed.

(b) The district attorney has neglected to perform his duties pursuant to subsection 2, he shall forthwith institute proceedings against the district attorney as for a misdemeanor or to remove him from office.

4. The duty of the district attorney and of the attorney general must be enforced as to procedure in the same manner as is provided in the case of actions for the protection and benefit of employees as provided in NRS 607.160 and 607.200.]

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 202. NRS 616.635 is hereby amended to read as follows:

616.635 1. If the manager finds that any employer or any employee, officer or agent of any employer has [willfully] knowingly made a false statement or has [willfully] knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based, he shall make a determination thereon and charge the employer’s account an amount equal to three times the amount of the premium due. The manager shall mail a copy of his determination to the employer.

2. An employer who is aggrieved by the manager’s determination may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was mailed to the employer. The manager shall hold a hearing within 30 days after he receives the request. The determination of the manager made pursuant to a hearing is a final decision for the purposes of judicial review.

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ê1993 Statutes of Nevada, Page 756 (CHAPTER 265, SB 316)ê

3. A person who [willfully] knowingly makes a false statement or representation or who [willfully] knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 203. NRS 616.640 is hereby amended to read as follows:

616.640 1. [It is unlawful for an employer to make] Any employer who makes any charge against any employee or [to deduct] who deducts from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his acceptance or rejection of this chapter [.] is guilty of a gross misdemeanor.

2. An employer who is required to provide compensation pursuant to the provisions of this chapter or chapter 617 of NRS and who requires an employee to provide or secure such compensation on his own behalf is guilty of a gross misdemeanor.

3. Any employer violating any provision of this section [shall] must be prosecuted by the attorney general upon complaint of any employee who submits proper evidence of a violation.

Sec. 204. NRS 616.647 is hereby amended to read as follows:

616.647 1. [If] Except as otherwise provided in subsection 2, if the administrator [has reason to believe] determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

(a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;

(b) Persuaded a claimant to settle for an amount which is less than reasonable;

(d) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer or appeals officer;

(e) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer or appeals officer;

(f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him by a hearing officer or appeals officer;

(g) [Failed to comply with the regulations of the department for the acceptance and rejection of claims, determination and calculation of a claimant’s average monthly wage, determination and payment of compensation, delivery of accident benefits and reporting relating to these matters;

(h)] Failed to comply with the department’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS; or

[(i) Failed]

(h) Intentionally or repeatedly failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall [set a date for a hearing. The date must be no sooner than 30 days after notice is served upon the insurer or employer of the alleged action and the time and place of the hearing.

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ê1993 Statutes of Nevada, Page 757 (CHAPTER 265, SB 316)ê

2. If, after an evidentiary hearing, the administrator determines that the insurer or employer has committed the alleged act, the administrator shall issue a notice of violation imposing a proposed] impose an administrative fine of [:

(a) Not] not more than $250 for each initial violation [of subsection 1] which was not intentional [; or

(b) Not] , or a fine of not more than $1,000 for each intentional or repeated violation . [of subsection 1.

3.] 2. In addition to any fine imposed pursuant to subsection [2,] 1, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

[4. If a person wishes to contest a notice of violation issued pursuant to subsection 2, he must file a notice of appeal with the division within 30 days after the notice is issued, showing why the proposed fine should not be imposed against him.

5. If a notice of appeal is filed as required by subsection 4, 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. The answer must be accompanied by any documentary evidence upon which the person relies and, 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.

6. If a notice of appeal or an answer is not filed as required by this section, the notice of violation shall be deemed a final order and is not subject to review by any court or agency.

7. 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.

8. An administrative fine imposed pursuant to this section 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 or 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.

9.]

3. If the administrator determines that a person has 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, the administrator shall impose an administrative fine of not more than $10,000.

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ê1993 Statutes of Nevada, Page 758 (CHAPTER 265, SB 316)ê

4. Two or more fines of $1,000 [levied by the administrator] imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the revocation of a certificate of self-insurance.

[10.] 5. The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer [:

(a) Intentionally or repeatedly violated the provisions of paragraph (g) of subsection 1; or

(b) Violated any other] violated any provision of subsection 1.

Sec. 205. NRS 616.647 is hereby amended to read as follows:

616.647 1. Except as otherwise provided in subsection 2, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

(a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;

(b) Persuaded a claimant to settle for an amount which is less than reasonable;

(d) Persuaded a claimant to accept less than the compensation to which he is entitled;

(e) Refused to pay or unreasonably delayed payment to a claimant of compensation to which he is entitled;

(f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation to which he is entitled;

(g) Failed to comply with the department’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS; or

(h) Intentionally or repeatedly failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall impose an administrative fine of not more than $250 for each initial violation which was not intentional, or a fine of not more than $1,000 for each intentional or repeated violation.

2. In addition to any fine imposed pursuant to subsection 1, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

4. Two or more fines of $1,000 imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the [revocation] withdrawal of a certificate of self-insurance [.] to act as a self-insured employer or an association of self-insured public or private employers.

5. The commissioner may withdraw the certification of a self-insured employer or an association of self-insured public or private employers if, after a hearing, it is shown that the self-insured employer or association violated any provision of subsection 1.

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ê1993 Statutes of Nevada, Page 759 (CHAPTER 265, SB 316)ê

after a hearing, it is shown that the self-insured employer or association violated any provision of subsection 1.

Sec. 206. NRS 616.675 is hereby amended to read as follows:

616.675 [1. Any] Unless a different penalty is provided pursuant to sections 54 to 57, inclusive, or section 60 of this act, any person who [willfully] knowingly makes a false statement or representation or who knowingly conceals a material fact to obtain or attempt to obtain any benefit , including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, [is guilty of a gross misdemeanor.

2. If a claimant is convicted of violating the provisions of subsection 1, he:

(a) Forfeits all right to compensation under this chapter after conviction for the offense; and

(b) Is liable for the reasonable costs incurred by the insurer to investigate and act upon the false claim, and for the payments or benefits fraudulently obtained.

3. The attorney general or the district attorney of the county in which the employer has a place of business or the defendant resides may prosecute all criminal actions for the violation of the provisions of subsection 1.

4. Upon request, a state agency shall furnish to the attorney general or a district attorney, information which would assist in the prosecution of a claimant alleged to have violated the provisions of subsection 1.] 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. 206.5. NRS 616.690 is hereby amended to read as follows:

616.690 1. A [physician or chiropractor] provider of health care attending an injured employee shall not refer that employee to a health facility or service in which the [physician or chiropractor] provider of health care, any person in a partnership with the provider of health care or any member of the immediate family of the provider of health care has a financial interest, including an interest as a limited partner, unless [he first discloses that interest in writing to the injured employee and the insurer. Upon the request of an injured employee to whom such a disclosure is made, the physician or chiropractor shall provide the injured employee with a referral to a health facility or service in which the physician or chiropractor does not have a financial interest. The injured employee must not be penalized for refusing to use a health facility or service in which the physician or chiropractor has a financial interest, if the injured employee promptly notifies the insurer in writing of his objection to using the facility or service.] :

(a) The service required by the injured employee is not otherwise available within a 30-mile radius of the office of the provider of health care;

(b) The service is provided pursuant to a referral to a provider of health care who is participating in the health care plan of a health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS and is authorized to provide health care services to an injured employee;

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ê1993 Statutes of Nevada, Page 760 (CHAPTER 265, SB 316)ê

(d) The referral is made to a surgical center for ambulatory patients, as defined in NRS 449.019, that is licensed pursuant to chapter 449 of NRS; or

(e) The financial interest represents an investment in securities under the Securities Exchange Act of 1934 (15 U.S.C. §§ 78a et seq.) in a corporation that has shareholder equity of more than $100,000,000.

2. As used in this section [, “health] :

(a) “Group practice” means two or more providers of health care who have organized as a business entity in accordance with the laws of this state to provide health care services, if:

(1) Each member of the group practice provides substantially all of the health care services he routinely provides, including without limitation, medical care, consultations, diagnoses and treatment, through the joint use of shared offices, facilities, equipment and personnel;

(2) Substantially all of the health care services provided by the members of the group practice are provided through the group practice, the billings for those services are issued in the name of the group practice and the compensation received for those services is treated as being received by the group practice;

(3) No member of the group practice receives compensation based on the volume or value of the patients referred to the group practice by that member; and

(4) All health care services offered by the group practice are provided within the confines of a central building or group of buildings that are located on one parcel of land.

(b) “Health facility” means any facility in or through which services related to the care and observation of patients, the diagnosis of human diseases, the treatment and rehabilitation of patients or other related services are provided. The term includes any parent, affiliate, subsidiary or partner of such a facility and any other entity which has a primary purpose of providing a benefit to such a facility.

(c) “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.

(d) “Partnership” has the meaning ascribed to it in NRS 87.060. The term includes a partnership which is not related to the practice of a provider of health care.

Sec. 207. NRS 616.700 is hereby amended to read as follows:

616.700 Any person who [willfully] knowingly makes a false statement or representation concerning the employment of any person who is receiving benefits pursuant to this chapter [is guilty of a gross misdemeanor.] 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. 208. Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 209 to 222, inclusive, of this act.

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ê1993 Statutes of Nevada, Page 761 (CHAPTER 265, SB 316)ê

Sec. 209. 1. An employee is entitled to receive as a medical benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if:

(a) As a result of an occupational disease arising out of and in the course of his employment, he is quadriplegic, paraplegic and has had a part of his body amputated; and

(b) He cannot be fitted with a prosthetic device which allows him to operate a motor vehicle safely.

2. If an employee is entitled to receive a motor vehicle pursuant to subsection 1, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference:

(a) A motor vehicle owned by the employee must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.

(b) A used motor vehicle must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.

Sec. 210. 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 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 employee’s eligibility for compensation 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 employee is entitled, other than medical benefits, if:

(a) The insurer notifies the employee in writing of its determination;

(b) The insurer informs the employee of his right to contest the deduction; and

(c) The employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that 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 employee.

Sec. 211. If, after a claim for compensation is filed pursuant to section 218 of this act:

1. The employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and

2. The employee’s medical records for the occupational disease reported do not include a reference to the injury or disease for which treatment is being sought,

the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury and disease for which treatment is being sought and the occupational disease reported pursuant to section 218 of this act.

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ê1993 Statutes of Nevada, Page 762 (CHAPTER 265, SB 316)ê

Sec. 212. 1. An employee is not entitled to compensation pursuant to the provisions of this chapter if:

(a) He has a preexisting condition from a cause or origin that did not arise out of and in the course of his current or past employment; and

(b) He subsequently contracts an occupational disease which aggravates, precipitates or accelerates his preexisting condition,

unless the occupational disease 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 contracts an occupational disease; and

(b) He subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his employment,

unless the occupational disease is the primary cause of the resulting disability.

Sec. 213. A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if:

1. The time for filing the claim has expired pursuant to section 218.5 of this act; or

2. The employee or another dependent filed a claim for compensation for that occupational disease, the claim was denied and the denial has become final pursuant to the regulations adopted pursuant to NRS 617.165 or in an action for judicial review filed pursuant to NRS 617.405.

Sec. 214. 1. An association that is 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.

2. An association is not required to pay the contributions required of employers by NRS 617.310.

3. The claims of employees and their beneficiaries resulting from occupational diseases 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 the association from responsibility for the administration of claims and payment of compensation under this chapter.

5. An association of self-insured public or private employers qualifying under the provisions of this chapter must comply with the provisions of section 26 of this act.

Sec. 215. (Omitted in amendment.)

Sec. 216. Except as otherwise provided in NRS 617.270, 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. 217. 1. An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 30 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment.

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ê1993 Statutes of Nevada, Page 763 (CHAPTER 265, SB 316)ê

employee as soon as practicable, but within 30 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment.

2. The notice required by subsection 1 must:

(a) Be on a form prescribed by the administrator. The form must allow the employee or his dependent to describe briefly the circumstances which caused the disease or death.

(b) Be signed by the employee or by a person on his behalf, or in the event of the employee’s death, by one of his dependents or by a person acting on behalf of the dependent.

(d) Be prepared in duplicate so that the employee or his dependent and the employer can retain a copy of the notice.

3. Upon receipt of the notice required by subsection 1, the employer, the employee’s supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.

4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.

5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by the system shall not file a notice of injury with the system.

Sec. 218. 1. Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on his behalf, shall file a claim for compensation with the insurer within 90 days after the employee has knowledge of the disability and its relationship to his employment.

2. In the event of the death of the employee resulting from the occupational disease, 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 employee.

3. The claim for compensation must be filed on a form prescribed by the administrator.

Sec. 218.5. 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 an occupational disease pursuant to section 217 of this act or a claim for compensation pursuant to section 218 of this act.

2. An insurer may excuse the failure to file a notice of an occupational disease or claim for compensation pursuant to the provisions of this section if:

(a) The employee’s disease or another cause beyond his control prevented him from providing the notice or the claim;

(b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law;

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ê1993 Statutes of Nevada, Page 764 (CHAPTER 265, SB 316)ê

(d) The failure was caused by fraud, misrepresentation or deceit.

Sec. 219. 1. A treating physician or chiropractor shall, within 3 working days after he first treats an employee who has incurred an occupational disease, complete and mail to the employer of the employee and to the employer’s 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 employer’s 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 employee’s ability to work.

4. Each physician, chiropractor and medical facility that treats employees who have incurred occupational diseases, 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 against a physician or chiropractor for each violation of subsection 1.

Sec. 220. 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 employer’s report of industrial injury or occupational disease.

2. The report must:

(a) Be on a form prescribed by the administrator;

(b) Be signed by the employer or his designee;

(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 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 occupational disease 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

4. The administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.

Sec. 221. 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 218 and 219 of this act.

Sec. 222. 1. An 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 employee’s occupational disease arose out of and in the course of his employment.

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ê1993 Statutes of Nevada, Page 765 (CHAPTER 265, SB 316)ê

2. If the employee files a notice of an occupational disease pursuant to section 217 of this act after his employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his employment

Sec. 223. NRS 617.130 is hereby amended to read as follows:

617.130 1. “Medical benefits” [shall be construed to mean] means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including [artificial members.] prosthetic devices.

2. The term does not include:

(a) Exercise equipment, a hot tub or a spa for an employee’s home;

(b) Membership in an athletic or health club;

(d) The costs of operating a motor vehicle provided pursuant to section 209 of this act, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

Sec. 224. NRS 617.275 is hereby amended to read as follows:

617.275 1. [If an employee who has been hired or who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory coverage for occupational diseases, 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 contracts an occupational disease as a result of work performed in this state;

(b) Filing] pursuant to section 218 of this act;

(d) He files a 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 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;

(b) Deliver to the claimant any forms necessary to make a claim pursuant to this section; and

(c) Notify the division of the claim by sending a copy of the claim, 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 coverage for occupational diseases for the [.] 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, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employer’s claim fund or incurred by the division or department.

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ê1993 Statutes of Nevada, Page 766 (CHAPTER 265, SB 316)ê

fees paid from the uninsured employer’s 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 occupational disease.

(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] :

(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. Attorney’s 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.

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ê1993 Statutes of Nevada, Page 767 (CHAPTER 265, SB 316)ê

against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.

Sec. 225. (Omitted in amendment.)

Sec. 226. NRS 617.310 is hereby amended to read as follows:

617.310 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 the provisions of this chapter and every employer electing to be governed by the provisions of this chapter before becoming entitled to the benefits of this chapter in the providing and securing of compensation to his employees, shall pay to the system, for the occupational diseases fund and the medical benefits fund, in the manner and at the times prescribed for the payment of premiums in chapter 616 of NRS, premiums in amounts fixed by the manager.

Sec. 227. NRS 617.370 is hereby amended to read as follows:

617.370 1. Any employee who is entitled to receive compensation under this chapter shall, if:

(a) Requested by the insurer; or

(b) Ordered by an appeals officer, or a hearing officer,

submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the department.

2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employer to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.

3. The request or order for [the] an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.

[3.] 4. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.

[5.] 6. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.

Sec. 228. NRS 617.400 is hereby amended to read as follows:

617.400 1. No compensation [shall] may be awarded on account of disability or death from a disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, [shall have willfully] knowingly and falsely represented himself as not having previously suffered from [such] the disease.

2. No compensation [shall be] is payable under this chapter when disability or death is wholly or in part caused by the willful misconduct or willful self-exposure of the employee.

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ê1993 Statutes of Nevada, Page 768 (CHAPTER 265, SB 316)ê

Sec. 229. NRS 617.402 is hereby amended to read as follows:

617.402 1. If an insurer determines that an employee has [willfully] knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the [willful] knowing misrepresentation or concealment of a material fact.

2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616.5412 to 616.544, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive [.] , if:

(a) The final decision is favorable to the employee; and

(b) The administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment.

3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616.675.

Sec. 230. NRS 617.405 is hereby amended to read as follows:

617.405 1. No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless:

(a) A claim is filed within the time limits prescribed in [NRS 617.330;] section 218 of this act; and

(b) A final decision by an appeals officer has been rendered on the claim.

2. Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.

Sec. 231. NRS 617.410 is hereby amended to read as follows:

617.410 Compensation for disability sustained on account of occupational disease by an employee, or the dependents of [such] an employee as defined in this chapter, must be paid from the occupational diseases fund or , if the employee is employed by a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, then by the employer [.] or the association.

Sec. 232. NRS 617.450 is hereby amended to read as follows:

617.450 [The] Except as otherwise provided in section 212 of this act, the following diseases, as well as other occupational diseases defined in NRS 617.440, [shall be] are considered occupational diseases and [shall be] are compensable as such when contracted by an employee and when arising out of and in the course of the employment in any process described in this section.

Schedule

Description of Disease or Injury		Description of Process

Anthrax ...................................................		Handling of livestock wool, hair, bristles, hides and skins.

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ê1993 Statutes of Nevada, Page 769 (CHAPTER 265, SB 316)ê

Arsenic poisoning ..................................		Any process involving the production or use of arsenic or its preparations or compounds.

Brass or zinc poisoning ........................		Any process involving the manufacture, founding or refining of brass or the melting or smelting of zinc.

Carbon monoxide poisoning ..............		Any process involving the evolution of or resulting in the escape of carbon monoxide.

Chrome ulceration of skin or nasal passages ..................................................		Any process involving the production or use of or direct contact with chromic acid or bichromates of ammonium, potassium or sodium or their preparations.

Compressed air illness ..........................		Any work process carried on in compressed air.

Epithelioma cancer or ulceration of the skin or of the corneal surface of the eye due to carbon, pitch, tar or tarry compounds production ..............		Handling or industrial use of carbon, pitch or tarry compounds.

Glanders ..................................................		Care of any equine animal suffering from glanders; handling carcass of such animal.

Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dusts, liquids, fumes, gases or vapors .....................................................		Any process involving the production, handling or use of oils, cutting compounds or lubricants, or involving contact with dust, liquids, fumes, gases or vapors.

Lead poisoning ......................................		Any process involving the production or use of lead or its preparations or compounds.

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ê1993 Statutes of Nevada, Page 770 (CHAPTER 265, SB 316)ê

Manganese dioxide poisoning ............		Any process involving the grinding or milling of manganese dioxide or the escape of manganese dioxide dust.

Mercury poisoning ................................		Any process involving the production or use of mercury or its preparations or compounds.

Phosphorus poisoning ..........................		Any process involving the production or use of phosphorus, or its preparations or compounds.

Poisoning by carbon bisulfide .............		Any process involving the production or use of carbon bisulfide or its preparations or compounds.

Poisoning by chlorine ...........................		Any process involving the production or use of chlorine or its preparations or compounds.

Poisoning by flour, burned grease, bakery and kitchen fumes and other food products ........................................		Any process involving the production of or the use of flours for baking purposes, greases used in cooking, and other products used in cafes and bakeries, causing or tending to cause what is commonly called baker’s disease, baker’s asthma [,] or baker’s tuberculosis.

Poisoning by gasoline, benzene, naphtha or other volatile petroleum products ..................................................		Any process involving the production or use of gasoline, benzine, naphtha or other volatile petroleum products.

Poisoning by wood alcohol .................		Any process involving the production or use of wood alcohol or its preparations.

Potassium cyanide poisoning .............		Any process involving the production or use of or direct contact with potassium cyanide.

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ê1993 Statutes of Nevada, Page 771 (CHAPTER 265, SB 316)ê

Radium poisoning or disability due to radioactive properties or substances, or to roentgen rays (X-rays), or to exposure to ionizing radiation ............		Any process involving the use of or direct contact with radium or a radioactive substance, or the use of or direct exposure to roentgen rays (X-rays) or ionizing radiation.

Sulfur dioxide poisoning ......................		Any process in which sulfur dioxide gas is evolved by the expansion of liquid sulfur dioxide.

Tenosynovitis and prepatellar bursitis .....................................................		Primary tenosynovitis characterized by a passive effusion or crepitus into the tendon sheath of the flexor or extensor muscles of the hand, due to frequently repetitive motions or vibrations, or prepateller bursitis due to continued pressure.

Secs. 233 and 234. (Omitted in amendment.)

Sec. 235. NRS 617.460 is hereby amended to read as follows:

617.460 1. [Silicosis] Except as otherwise provided in section 212 of this act, silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.

2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.

3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

4. No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this state covered by the insurer.

5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as otherwise provided in NRS 616.615, the insurer shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment.

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ê1993 Statutes of Nevada, Page 772 (CHAPTER 265, SB 316)ê

Payment of benefits and compensation is limited to the claimant and his dependents.

6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled, is not entitled to compensation payments by the insurer, but is entitled to continue to receive the same amount of compensation from the account for pensions for silicosis, diseases related to asbestos and other disabilities.

Sec. 236. NRS 618.383 is hereby amended to read as follows:

618.383 1. An employer shall establish a written safety program [if he has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification.] and carry out the requirements of the program within 90 days after it is established.

2. The written safety program must include:

(a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries.

(b) [The] If an employer has more than 25 employees, the establishment of a safety committee . [which includes, whenever possible, an equal number of] The safety committee must include representatives of employees . [and employers.] If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.

[(c) Training on identifying potential hazards in the workplace.

(d) The review and application of state and federal statutes, regulations and standards concerning occupational safety and health.

(e) A requirement for the periodic consultation of the employer with the division of enforcement of industrial safety and health of the department.]

3. A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.

4. The administrator of the division of enforcement for industrial safety and health of the department shall adopt regulations establishing the minimum requirements for a written safety program.

5. The administrator of the division of preventative safety of the department shall develop and provide each employer with a written [manual which includes:

(a) Information concerning safety, health and emergencies in the workplace, and the establishment of a training program for employees with regard to those matters;

(b) A listing and description of safe work practices; and

5. Any other employer may establish a written safety program and a safety committee.] guide for establishing a written safety program.

6. An employer who [has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification, who employs 25 or more persons and who hires temporary employees shall hold a meeting and] contracts with a temporary employment service shall provide specialized training concerning safety for [those temporary] the employees of the service before they begin work at each site or as soon as possible thereafter.

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ê1993 Statutes of Nevada, Page 773 (CHAPTER 265, SB 316)ê

provide specialized training concerning safety for [those temporary] the employees of the service before they begin work at each site or as soon as possible thereafter.

7. The manager of the state industrial insurance system shall increase by [3] not more than 15 percent the premium of any employer who violates the provisions of subsection 1, and shall transfer 3 percent of any additional premium received by him pursuant to this subsection to the department for use by the division of preventative safety.

[8. The administrator of the division of enforcement for industrial safety and health may grant an exemption from any of the provisions of this section to an employer who has a rate of occupational injury and illness that is in the lowest 25 percent of all employers in this state.] The manager shall use the remaining amount of any additional premium received to reduce the premiums of employers insured by the system. The manager shall adopt regulations to carry out the provisions of this subsection which result in the equitable reduction of premiums among those employers.

Sec. 237. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

2. For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

3. The attorney general, acting through the unit established pursuant to subsection 2:

(a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits;

(b) Shall cooperate with the state industrial insurance system, the department of industrial relations, self-insured employers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

(c) Shall protect the privacy or persons who are eligible to receive benefits pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

(d) May, upon request, inspect the records of any self-insured employer, the state industrial insurance system and the division of industrial insurance regulation of the department of industrial relations, to investigate any alleged 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.

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ê1993 Statutes of Nevada, Page 774 (CHAPTER 265, SB 316)ê

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.

4. When acting pursuant to NRS 228.175, 228.410 of this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

5. The attorney general shall report the name of any person who has been convicted of violating 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, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

6. The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits.

7. As used in this section, “self-insured employer” has the meaning ascribed to it in NRS 616.112.

Sec. 238. (Omitted in amendment.)

Sec. 239. NRS 232.215 is hereby amended to read as follows:

232.215 The director:

1. Shall appoint a chief of the risk management division.

2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.

3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers . [, who] Except as otherwise provided in section 22.5 of this act, the hearing officers are in the classified service of the state. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.

4. Shall serve as chairman of the state public works board.

5. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 331.182 to 331.186, inclusive, 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.

6. Has such other powers and duties as are provided by law.

Sec. 240. NRS 232.550 is hereby amended to read as follows:

232.550 As used in NRS 232.560 to 232.700, inclusive, unless the context otherwise requires:

1. “Department” means the department of industrial relations.

2. “Director” means the director of the department of industrial relations.

3. “Insurer” includes the state industrial insurance system [,] and self-insured employers . [, and those employers covered under the provisions NRS 616.255 and 616.256.]

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ê1993 Statutes of Nevada, Page 775 (CHAPTER 265, SB 316)ê

Sec. 241. NRS 232.550 is hereby amended to read as follows:

232.550 As used in NRS 232.560 to 232.700, inclusive, unless the context otherwise requires:

1. “Department” means the department of industrial relations.

2. “Director” means the director of the department of industrial relations.

3. “Insurer” includes [the] :

(a) The state industrial insurance system [and self-insured employers.] ;

(b) A self-insured employer;

(d) An association of self-insured private employers.

Sec. 242. NRS 232.680 is hereby amended to read as follows:

232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the department , [and] its various divisions , a full-time employee of the legislative counsel bureau and the fraud control unit for industrial insurance established pursuant to section 237 of this act, must be paid from assessments payable by each:

(a) Insurer based upon expected annual expenditures for claims; and

(b) Employer who provides accident benefits for injured employees pursuant to NRS 616.415, based upon his expected annual expenses of providing those benefits.

The department shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees.

2. Federal grants may partially defray the costs of the divisions.

3. Assignments made against insurers by the department after the adoption of regulations must be used to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:

(a) All salaries and other expenses in administering the division of industrial insurance regulation, the division of administrative services, the division of enforcement for industrial safety and health, the division of preventative safety and the division of mine inspection, including the costs of the office and staff of the director.

(b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to section 237 of this act.

(e) Claims against uninsured employers arising from compliance with NRS 616.377 [.] and 617.275.

Sec. 243. NRS 244.33505 is hereby amended to read as follows:

244.33505 1. In a county in which a license to engage in a business is required, the board of county commi ssioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

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ê1993 Statutes of Nevada, Page 776 (CHAPTER 265, SB 316)ê

(a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

(b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

(d) Is not subject to the provisions of chapter 616 of NRS.

2. In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.

3. Each board of county commissioners shall submit to the administrator monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

4. Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.

Sec. 244. NRS 268.0955 is hereby amended to read as follows:

268.0955 1. In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

(a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

(b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

(d) Is not subject to the provisions of chapter 616 of NRS.

2. In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

3. Each city council or other governing body of an incorporated city shall submit to the administrator monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

4. Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.

Sec. 245. NRS 353.210 is hereby amended to read as follows:

353.210 1. Except as otherwise provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on money designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

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ê1993 Statutes of Nevada, Page 777 (CHAPTER 265, SB 316)ê

money, fees or other money under the authority of the state, including those operating on money designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

2. The expenditure estimates must be classified to set forth the data of funds, organization units, and the character and objects of expenditures, and must include a mission statement and measurement indicators for each program. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state money or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

3. Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system , the state industrial insurance system and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

Sec. 246. NRS 353.246 is hereby amended to read as follows:

353.246 1. Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system , the state industrial insurance system and the judicial department of the state government.

2. The legislative department, the public employees’ retirement system , the state industrial insurance system and the judicial department of the state government shall submit their budgets to the legislature in the same format as the executive budget unless otherwise provided by the legislative commission.

Sec. 246.3. NRS 364A.100 is hereby amended to read as follows:

364A.100 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the records and files of the department concerning the administration of this chapter are confidential and privileges. The department, and any employee engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter.

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ê1993 Statutes of Nevada, Page 778 (CHAPTER 265, SB 316)ê

the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the department nor any employee of the department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

2. The records and files of the department concerning the administration of this chapter are not confidential and privileged in the following cases:

(a) Testimony by a member or employee of the department and production of records, files and information on behalf of the department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby are directly involved in the action or proceeding.

(b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

(d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

(e) Disclosure in confidence to the governor or his agent in the exercise of the governor’s general supervisory powers, or to any person authorized to audit the accounts of the department in pursuance of an audit, or to the attorney general or other legal representative of the state in connection with an action or proceeding pursuant to this chapter or to any agency of this or any other state charged with the administration or enforcement of laws relating to worker’s compensation, unemployment compensation, public assistance, taxation, labor or gaming.

3. The executive director shall periodically, as he deems appropriate; but not less often than annually, transmit to the administrator of the division of industrial insurance regulation of the department of industrial relations a list of the businesses of which he has a record. The list must include the mailing address of the business and the approximate number of employees of the business as reported to the department.

Sec. 246.5. NRS 439B.420 is hereby amended to read as follows:

439B.420 1. A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.

2. [No] The rent required of a physician or entity which employs physicians by a hospital or related entity [may] must not be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.

3. A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.

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ê1993 Statutes of Nevada, Page 779 (CHAPTER 265, SB 316)ê

4. [No] A health facility [may] shall not offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.

5. The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than 35,000.

6. A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, [must] shall not add any charges to the practitioner’s bill for services other than a charge related to the cost of processing the billing.

7. [No] A hospital or related entity [may] shall not offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self-insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.

8. A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.

9. [A] Except as prohibited by NRS 616.690, a practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the practitioner or health facility first discloses the interest.

10. The director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except in cases in which an action is brought pursuant to subsection 11.

11. A person who willfully violates any provision of this section is liable to the State of Nevada for:

(a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.

(b) Any reasonable expenses incurred by the state in enforcing this section. Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the state general fund and used for projects intended to benefit the residents of this state with regard to health care. Money in the account may only be withdrawn by act of the legislature.

12. As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

Sec. 247. NRS 482.368 is hereby amended to read as follows:

482.368 1. Except as otherwise provided in subsection 2, the department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege tax.

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ê1993 Statutes of Nevada, Page 780 (CHAPTER 265, SB 316)ê

2. License plates furnished for:

(a) Those [automobiles] vehicles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department and any authorized federal law enforcement agency or [out-of-state] law enforcement agency [;] from another state;

(b) One [automobile] vehicle used by the department of prisons, three [automobiles] vehicles used by the department of wildlife, two [automobiles] vehicles used by the Caliente youth center and four [automobiles] vehicles used by the Nevada youth training center;

(c) Vehicles of a city, county or the state, [except any assigned to the state industrial insurance system,] if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

(d) [Automobiles] Vehicles maintained for and used by investigators of the following:

(1) The state gaming control board;

(2) The division of brand inspection of the state department of agriculture;

(3) The attorney general;

(4) City or county juvenile officers;

(5) District attorneys’ offices;

(6) Public administrators’ offices;

(7) Public guardians’ offices;

(8) Sheriffs’ offices;

(9) Police departments in the state; and

(10) The securities division of the office of the secretary of state,

must not bear any distinguishing mark which would serve to identify the [automobiles] vehicles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for [automobiles] vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those [automobiles] vehicles enumerated in subsection 2.

5. As used in this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

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ê1993 Statutes of Nevada, Page 781 (CHAPTER 265, SB 316)ê

6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

Sec. 248. NRS 624.256 is hereby amended to read as follows:

624.256 Before granting an original or renewal of a contractor’s license to any applicant who has one or more employees, the board shall require that the applicant submit to the board:

1. Proof of industrial insurance and insurance for occupational diseases which covers his employees; [or]

2. A copy of his certificate of qualification as a self-insured employer which was issued by the commissioner of insurance [.] ; or

3. If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the commissioner of insurance.

Sec. 249. NRS 629.061 is hereby amended to read as follows:

629.061 1. Each provider of health care shall make the health care records of a patient available for physical inspection by:

(a) The patient or a representative with written authorization from the patient;

(b) An investigator for the attorney general or a grand jury investigating an alleged violation of NRS 422.540 to 422.570, inclusive; [or]

(c) An investigator for the attorney general investigating an alleged violation 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; or

(d) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each person described in paragraphs (a) and [(c)] (d) of this subsection who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

2. Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available for physical inspection by:

(a) The patient or a representative with written authorization from the patient; or

(b) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies.

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ê1993 Statutes of Nevada, Page 782 (CHAPTER 265, SB 316)ê

operates an ambulance shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

3. Records made available to a representative or investigator must not be used at any public hearing unless:

(a) The patient named in the records has consented in writing to their use; or

(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

This subsection does not prohibit a state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.

4. A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

Sec. 250. NRS 630.301 is hereby amended to read as follows:

630.301 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Conviction of a felony, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.

2. Conviction of violating 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.

3. The suspension, modification or limitation of the license to practice any type of medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the armed services of the United States, an insurance company, an agency of the Federal Government or an employer.

[3.] 4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

Sec. 250.5. NRS 630.305 is hereby amended to read as follows:

630.305 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physician’s objective evaluation or treatment of a patient.

2. Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.

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ê1993 Statutes of Nevada, Page 783 (CHAPTER 265, SB 316)ê

services personally performed and the responsibility assumed by each licensee.

3. Referring a patient to any medical laboratory in which the licensee has a financial interest unless the laboratory is operated solely in connection with the diagnosis and treatment of his own patients [.] pursuant to NRS 652.235.

4. Referring an injured employee to a health facility in [which the licensee has a financial interest unless he first discloses that interest pursuant to] violation of NRS 616.690.

5. Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

6. Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.

7. Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.

8. Failing to disclose to a patient any financial or other conflict of interest.

Sec. 251. NRS 630.339 is hereby amended to read as follows:

630.339 1. If, after an investigation by a committee or on its own initiative, the board decides to proceed with disciplinary action, it shall bring charges against a licensee and fix a time and place for a formal hearing. [It] If the board receives a report pursuant to subsection 5 of section 237 of this act, such a hearing must be held within 30 days after receiving the report. The board shall notify the licensee of the charges brought against him, including the time and place set for the hearing, and of the possible sanctions authorized in NRS 630.352.

2. The board, a hearing officer or a panel of its members designated by the board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a panel, at least one member of the board who is not a physician must participate in this hearing.

Sec. 252. NRS 630A.340 is hereby amended to read as follows:

630A.340 The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(b) A felony;

(c) A 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;

(d) Any offense involving moral turpitude; or

[(d)] (e) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine.

A plea of nolo contendere to any offense listed in paragraph (a), (b), (c) , [or] (d) or (e) shall be deemed a conviction.

3. The suspension, modification or limitation of a license to practice any type of medicine by any other jurisdiction.

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ê1993 Statutes of Nevada, Page 784 (CHAPTER 265, SB 316)ê

4. The surrender of a license to practice any type of medicine or the discontinuance of the practice of medicine while under investigation by any licensing authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.

5. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

6. Professional incompetence.

Sec. 253. NRS 630A.480 is hereby amended to read as follows:

630A.480 1. If, after an investigation by a committee or on its own initiative, the board decides to proceed with disciplinary action, it shall bring charges against a licensed homeopathic physician and fix a time and place for a formal hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, such a hearing must be held within 30 days after receiving the report. The board shall notify the homeopathic physician of the charges brought against him, including the time and place set for the hearing, and of the sanctions authorized in NRS 630A.510.

2. The board, a hearing officer or a committee of the members of the board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a committee, at least one member of the board who is not a physician must participate in the hearing and in the final recommendation of the committee to the board.

Sec. 254. NRS 631.3475 is hereby amended to read as follows:

631.3475 The following acts, among others, constitute unprofessional conduct:

1. Malpractice:

2. Professional incompetence;

3. Suspension or revocation of his license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

4. More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

5. Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

6. Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; [or]

7. Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this state, or conviction of any criminal violation of this chapter [.] ; or

8. Conviction of violating 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.

Sec. 255. NRS 631.360 is hereby amended to read as follows:

631.360 1. The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license or certificate under this chapter, investigate the actions of any person holding a certificate.

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ê1993 Statutes of Nevada, Page 785 (CHAPTER 265, SB 316)ê

license or certificate under this chapter, investigate the actions of any person holding a certificate.

2. The board shall, before refusing to issue, or before suspending or revoking any certificate, at least 10 days before the date set for the hearing, notify in writing the applicant or the holder of the certificate of any charges made. The notice may be served by delivery of it personally to the accused person or by mailing it by registered or certified mail to the place of business last specified by the accused person, as registered with the board.

3. At the time and place fixed in the notice, the board shall proceed to hear the charges. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

4. The board may compel the attendance of witnesses or the production of documents or objects by subpena. Any person who is subpenaed by the board may request the board to modify the terms of the subpena or grant additional time for compliance.

5. The board may obtain a search warrant from a magistrate upon a showing that the warrant is needed for an investigation or hearing being conducted by the board and that reasonable cause exists to issue the warrant.

6. If the board is not sitting at the time and place fixed in the notice, or at the time and place to which the hearing has been continued, the board shall continue the hearing for a period not to exceed 30 days.

Sec. 256. NRS 632.320 is hereby amended to read as follows:

632.320 The board may deny, revoke or suspend any license applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee, upon determining that he:

1. Is guilty of fraud or deceit in procuring or attempting to procure a license pursuant to this chapter.

2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction is conclusive evidence thereof.

3. Has been convicted of violating 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, and section 60 of this act.

4. Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

[4.] 5. Is habitually intemperate or is addicted to the use of any controlled substance.

[5.] 6. Is mentally incompetent.

[6.] 7. Is guilty of unprofessional conduct, which includes but is not limited to the following:

(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

(b) Procuring, or aiding, abetting, attempting, agreeing or offering to procure or assist at, a criminal abortion.

(c) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.

(d) Impersonating another licensed practitioner.

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ê1993 Statutes of Nevada, Page 786 (CHAPTER 265, SB 316)ê

(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.

(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.

[7.] 8. Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license issued pursuant to this chapter is prima facie evidence that the licensee has committed or expects to commit a violation of this chapter.

[8.] 9. Is guilty of aiding or abetting anyone in a violation of this chapter.

[9.] 10. Has falsified an entry on a patient’s medical chart concerning a controlled substance.

[10.] 11. Has falsified information which was given to a physician, pharmacist or dentist to obtain a controlled substance.

[11.] 12. Has had a license to practice nursing suspended or revoked in another jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.

[12.] 13. Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

Sec. 257. NRS 632.350 is hereby amended to read as follows:

632.350 1. Before suspending or revoking any license or certificate or taking other disciplinary action against a licensee or holder of a certificate, the board shall notify the licensee or holder of the certificate in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed.

2. Written notice may be served by delivery of its personally to the licensee or holder of the certificate, or by mailing it by registered or certified mail to his last known residential address.

3. If the licensee or holder of the certificate submits a written request, the board shall furnish the licensee or holder of the certificate with copies of any communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.

4. As soon as practicable after the filing of a complaint or, if no complaint is filed, after notice of the charges is given to a licensee or holder of a certificate, the board, or a majority thereof, shall hold a hearing on the charges at such time and place as the board prescribes. If the board receives a report pursuant to subsection 5 of section 237 of this act, the hearing must be held within 30 days after receiving the report. The hearing must be held, if the licensee or holder of the certificate desires, within the county where he resides.

Sec. 258. NRS 633.511 is hereby amended to read as follows:

633.511 The grounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(b) A felony; [or]

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ê1993 Statutes of Nevada, Page 787 (CHAPTER 265, SB 316)ê

(c) A 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; or

(d) Any offense involving moral turpitude.

3. The suspension of the license to practice osteopathic medicine by any other jurisdiction.

4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

5. Professional incompetence.

Sec. 259. NRS 633.621 is hereby amended to read as follows:

633.621 If:

1. A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license to practice osteopathic medicine is not frivolous; or

2. With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,

the secretary of the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person charged at least 20 days before the date fixed for the hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, such a hearing must be held within 30 days after receiving the report.

Sec. 260. NRS 634.140 is hereby amended to read as follows:

634.140 The grounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(b) A felony; [or]

(c) A 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; or

(d) Any offense involving moral turpitude.

3. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

4. Gross or repeated malpractice.

5. Referring an injured employee to a health facility in which the licensee has a financial interest unless he first discloses that interest pursuant to NRS 616.690.

Sec. 260.5. NRS 634.140 is hereby amended to read as follows:

634.140 The grounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

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ê1993 Statutes of Nevada, Page 788 (CHAPTER 265, SB 316)ê

(b) A felony;

(c) A 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; or

(d) Any offense involving moral turpitude.

3. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

4. Gross or repeated malpractice.

5. Referring an injured employee to a health facility in [which the licensee has a financial interest unless he first discloses that interest pursuant to] violation of NRS 616.690.

Sec. 261. NRS 634.170 is hereby amended to read as follows:

634.170 1. When a complaint is filed with the executive director of the board, it must be considered by the president or a member of the board designated by him. If, from the complaint or from other official records, it appears that the complaint may be well founded in fact, the executive director shall cause written notice of the charges in the complaint to be served upon the person charged at least 20 days before the date fixed for the hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

2. If the complaint is not deemed by the president or designated member of the board to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person charged, the complaint must be held in abeyance and discussed at the next meeting of the board.

Sec. 262. NRS 634A.170 is hereby amended to read as follows:

634A.170 The board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

1. Conviction of [a felony, conviction of any] :

(a) A felony;

(b) Any offense involving moral turpitude [or conviction of a] ;

(c) A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court; or

(d) A 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. The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;

3. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

4. Advertising by means of a knowingly false or deceptive statement;

5. Advertising, practicing or attempting to practice under a name other than one’s own;

6. Habitual drunkenness or habitual addiction to the use of a controlled substance;

7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;

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ê1993 Statutes of Nevada, Page 789 (CHAPTER 265, SB 316)ê

8. Sustaining a physical or mental disability which renders further practice dangerous;

9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;

10. Using any false or fraudulent statement in connection with the practice of Oriental medicine or any branch thereof;

11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;

12. Being adjudicated incompetent or insane;

13. Advertising in an unethical or unprofessional manner;

14. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;

15. Willful disclosure of a privileged communication;

16. Failure of a licensee to designate the nature of his practice in the professional use of his name by the term doctor of Oriental medicine, doctor of acupuncture or acupuncture assistant, as the case may be;

17. Willful violation of the law relating to the health, safety or welfare of the public or of the regulations adopted by the state board of health;

18. Administering, dispensing or prescribing any controlled substance, except for the prevention, alleviation or cure of disease or for relief from suffering; and

19. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.

Sec. 263. NRS 634A.180 is hereby amended to read as follows:

634A.180 The board shall not refuse to issue, refuse to renew, suspend or revoke any license for any of the causes enumerated in NRS 634A.170, unless the person accused has been given at least 20 days’ notice in writing of the charge against him and a hearing by the board. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

Sec. 264. NRS 635.130 is hereby amended to read as follows:

635.130 1. The board, after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

(a) Refuse to renew a license.

(b) Suspend or revoke a license.

(d) Impose a fine not to exceed $1,000.

2. The board may take disciplinary action against a licensee for any of the following causes:

(a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure under this chapter.

(b) Leading the use of the holder’s name to the unlicensed person.

(c) If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

(d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.

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ê1993 Statutes of Nevada, Page 790 (CHAPTER 265, SB 316)ê

the board incapacitates the holder in the performance of his professional duties.

(e) Conviction of a crime involving moral turpitude.

(f) Conviction of violating 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.

(g) Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

[(g)] (h) The commission of fraud by or on behalf of the licensee regarding his license or practice.

[(h)] (i) Gross incompetence.

[(i)] (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.

[(j)] (k) False representation by or on behalf of the licensee regarding his practice.

[(k)] (l) Unethical or unprofessional conduct.

[(l)] (m) Willful or repeated violations of this chapter or regulations adopted by the board.

[(m)] (n) Willful violation of the regulations adopted by the state board of pharmacy.

Sec. 265. NRS 635.150 is hereby amended to read as follows:

635.150 Any person against whom charges have been made shall be notified of that fact and a copy of the charges shall be sent to him by the board. He shall be given a fair and impartial trial by the board, whose decision shall be made by a majority vote of its members. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

Sec. 266. NRS 636.295 is hereby amended to read as follows:

636.295 The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

1. Affliction of the licensee with any communicable disease likely to be communicated to other persons.

2. Commission by the licensee of a felony or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

3. Conviction 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.

4. Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.

[4.] 5. Habitual drunkenness or addiction to any controlled substance.

[5.] 6. Gross incompetency.

[6.] 7. Affliction with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.

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ê1993 Statutes of Nevada, Page 791 (CHAPTER 265, SB 316)ê

[7.] 8. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

[8.] 9. Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.

[9.] 10. Perpetration of unethical or unprofessional conduct in the practice of optometry.

[10.] 11. Willfully and repeatedly violating provisions of this chapter or regulations adopted by the board.

Sec. 267. NRS 636.315 is hereby amended to read as follows:

636.315 As soon as practicable after the filing of a complaint, the board shall fix a date for the hearing thereof, which date [shall] must be not less than 30 days thereafter. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. The secretary shall immediately notify the defendant licensee of the complaint and the date and place fixed for the hearing thereof. A copy of the complaint [shall] must be attached to the notice.

Sec. 268. Chapter 627 of NRS is hereby amended by adding thereto a new section to read as follows:

If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing to consider the report must be held within 30 days after receiving the report.

Sec. 269. NRS 637.150 is hereby amended to read as follows:

637.150 Upon proof to the satisfaction of the board that an applicant or holder of a license:

1. Has been adjudicated insane;

2. Habitually uses any controlled substance or intoxicant;

3. Has been convicted of a crime involving moral turpitude;

4. Has been convicted of violating 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;

5. Has advertised in any manner which would tend to deceive, defraud or mislead the public;

[5.] 6. Has presented to the board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the state through fraud of any kind;

[6.] 7. Has been convicted of a violation of any federal or state law relating to a controlled substance;

[7.] 8. Has violated any regulation of the board;

[8.] 9. Has violated any provision of this chapter;

[9.] 10. Is incompetent;

[10.] 11. Is guilty of unethical or unprofessional conduct as determined by the board;

[11.] 12. Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner; or

[12.] 13. Is guilty of a fraudulent or deceptive practice as determined by the board,

the board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him privately or publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

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ê1993 Statutes of Nevada, Page 792 (CHAPTER 265, SB 316)ê

him privately or publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

Sec. 270. NRS 637A.250 is hereby amended to read as follows:

637A.250 The board may revoke or suspend a license after a hearing which discloses that the licensee:

1. Has been convicted of a felony or a misdemeanor involving moral turpitude.

2. Has been convicted of violating 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.

3. Obtained the license by fraud or misrepresentation.

[3.] 4. Obtained any fee by fraud or misrepresentation.

[4.] 5. Has made any false or fraudulent statements concerning hearing aids.

[5.] 6. Has been guilty of negligence, incompetence or misconduct in the fitting of any hearing aid.

[6.] 7. Has loaned or transferred his license to another person.

[7.] 8. Willfully violated any law of this state or any provision of this chapter regulating hearing aid specialists.

[8.] 9. Is habitually intemperate.

Sec. 271. NRS 637A.270 is hereby amended to read as follows:

637A.270 As soon as practicable after the filing of a complaint the board shall fix a date for the hearing thereof, which date [shall] must not be less than 20 days thereafter. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. The secretary shall immediately mail, by registered or certified mail, to the defendant licensee, a copy of the complaint and a notice showing the date and place fixed for the hearing.

Sec. 272. NRS 637B.250 is hereby amended to read as follows:

637B.250 The grounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(b) A felony; [or]

(c) A 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; or

(d) Any offense involving moral turpitude.

3. Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.

4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

5. Professional incompetence.

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ê1993 Statutes of Nevada, Page 793 (CHAPTER 265, SB 316)ê

Sec. 273. NRS 637B.270 is hereby amended to read as follows:

637B.270 Not later than 15 days after the filing of a complaint, the board shall fix a date for the hearing, which date must not be less than 20 days nor more than 45 days after the date the complaint is filed. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. The board shall immediately mail to the defendant, by certified mail, return receipt requested, a copy of the complaint and a notice showing the time, date and place of the hearing.

Sec. 274. NRS 639.210 is hereby amended to read as follows:

639.210 The board may suspend or revoke any certificate, license, registration or permit issued pursuant to this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:

1. Is not of good moral character;

2. Is guilty of habitual intemperance;

3. Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance, unless taken pursuant to a physician’s prescription, while on duty in any establishment licensed by the board;

4. Is guilty of unprofessional conduct or conduct contrary to the public interest;

5. Is addicted to the use of any controlled substance;

6. Has been convicted of a violation of any law or regulation of the Federal Government or of this or any other state related to controlled substances, dangerous drugs, drug samples, or the wholesale or retail distribution of drugs;

7. Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;

8. Has been convicted of violating 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;

9. Has willfully made to the board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;

[9.] 10. Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;

[10.] 11. Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;

[11.] 12. Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy, or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy committed by the holder of a certificate, license, registration or permit;

[12.] 13. Has failed to renew his certificate, license or permit by failing to submit the application for renewal or pay the renewal fee therefor;

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ê1993 Statutes of Nevada, Page 794 (CHAPTER 265, SB 316)ê

[13.] 14. Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state;

[14.] 15. Has, as a managing pharmacist, violated any provision of law or regulation concerning recordkeeping or inventory in a store over which he presides, or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his supervision;

[15.] 16. Has repeatedly been negligent, which may be evidenced by claims of malpractice settled against him; or

[16.] 17. Has failed to maintain and make available to a state or federal officer any records in accordance with the provisions of this chapter or chapter 453 or 454 of NRS.

Sec. 275. NRS 639.245 is hereby amended to read as follows:

639.245 Whenever a hearing has been granted by the board, the secretary shall serve notice on the respondent of the time and place set for the hearing on the accusation. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. Service may be effected in the same manner as provided in NRS 639.242.

Sec. 276. NRS 640.160 is hereby amended to read as follows:

640.160 1. The board, after due notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:

(a) Refuse to issue a license or temporary license to any applicant.

(b) Refuse to renew the license or temporary license of any person.

(d) Place any person who has been issued a license or temporary license on probation.

(e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.

2. The board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:

(a) Is habitually drunk or is addicted to the use of a controlled substance.

(b) Has been convicted of violating any state or federal law relating to controlled substances.

(d) Has been convicted of any crime involving moral turpitude.

(e) Has been convicted of violating 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.

(f) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

[(f)] (g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.

[(g)] (h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.

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ê1993 Statutes of Nevada, Page 795 (CHAPTER 265, SB 316)ê

[(h)] (i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.

[(i)] (j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

[(j)] (k) Has had his license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.

[(k)] (l) Is determined to be professionally incompetent by the board.

[(l)] (m) Has violated any provision of this chapter or the board’s regulations.

Sec. 277. NRS 640.162 is hereby amended to read as follows:

640.162 1. As soon as practicable after the board determines that a complaint merits a hearing, the board shall set a date for the hearing. The hearing must not be set sooner than 30 days after the date on which the respondent received notice of the complaint. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

2. The board’s secretary shall:

(a) Notify the respondent that a complaint against him has been filed;

(b) Inform him of the date, time and place set for the hearing; and

3. The notice and complaint may be served on the respondent by delivery to him personally or by mailing to him at his last known address by registered or certified mail.

4. If the respondent so requests, the hearing must be held within the county where he resides.

Sec. 278. NRS 640A.200 is hereby amended to read as follows:

640A.200 1. The board may, after notice and hearing, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The board may reinstate a revoked license upon application by the person to whom the license was issued not less than 1 year after the license is revoked.

2. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held to consider the report within 30 days after receiving the report.

3. As used in this section, “unprofessional conduct” includes:

(a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;

(b) The conviction of any crime, except a misdemeanor which does not involve moral turpitude; and

Sec. 279. NRS 641.230 is hereby amended to read as follows:

641.230 The board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the board finds by a preponderance of the evidence that the psychologist has:

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ê1993 Statutes of Nevada, Page 796 (CHAPTER 265, SB 316)ê

if the board finds by a preponderance of the evidence that the psychologist has:

1. Been convicted of a felony.

2. Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.

3. Been convicted of violating 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.

4. Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.

[4.] 5. Aided or abetted the practice of psychology by a person not licensed by the board.

[5.] 6. Made any fraudulent or untrue statement to the board.

[6.] 7. Violated a regulation adopted by the board.

[7.] 8. Had his license to practice psychology suspended or revoked by another state.

[8.] 9. Failed to report to the board within 30 days the revocation, suspension or surrender of a license or certificate to practice psychology issued by another state.

[9.] 10. Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

[10.] 11. Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

Sec. 280. NRS 641.276 is hereby amended to read as follows:

641.276 If:

1. A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license is not frivolous; or

2. With respect to a complaint reporting by the attorney general, the board has determined to proceed with an action authorized under this chapter,

the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person named in the complaint at least 20 days before the date fixed for the hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

Sec. 281. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held to consider the contents of the report within 30 days after receiving the report.

Sec. 282. NRS 652.220 is hereby amended to read as follows:

652.220 A license may be denied, suspended or revoked if the laboratory, laboratory director or any technical employee of the laboratory:

1. Violates any provision of this chapter;

2. Makes any misrepresentation in obtaining a license;

3. Has been convicted of a felony;

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ê1993 Statutes of Nevada, Page 797 (CHAPTER 265, SB 316)ê

4. Has been convicted of violating 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;

5. Is guilty of unprofessional conduct;

[5.] 6. Knowingly permits the use of the name of a licensed laboratory or its director by an unlicensed laboratory; or

[6.] 7. Fails to meet the minimum standards prescribed by the board.

Sec. 282.5. NRS 652.235 is hereby amended to read as follows:

652.235 1. A licensed physician may operate a medical laboratory solely in connection with the diagnosis or treatment of his own patients if the medical laboratory complies with the provisions of this section.

2. Each such medical laboratory shall:

(a) Register with the health division of the department of human resources.

(b) Comply with the rules and regulations adopted by the board pursuant to NRS 652.130.

3. [A] Except as prohibited by NRS 616.690, a licensed physician shall not refer a patient to a medical laboratory in which the physician has a financial interest unless it is operated solely in connection with the diagnosis or treatment of his own patients.

Sec. 282.55. Section 21.1 of this act is hereby amended to read as follows:

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.

3. Employ at least one certified vocational rehabilitation counselor for every four vocational rehabilitation counselors that it employs who are not certified.

Sec. 282.6. Section 21.4 of this act is hereby amended to read as follows:

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 employee’s 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:

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ê1993 Statutes of Nevada, Page 798 (CHAPTER 265, SB 316)ê

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.

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.

The percentage of the injured employee’s 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. A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.

8. 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. 283. Section 78 of this act is hereby amended to read as follows:

Sec. 78. A self-insured employer or an association of self-insured public or private employers 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.

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ê1993 Statutes of Nevada, Page 799 (CHAPTER 265, SB 316)ê

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] the self-insured employer or association has contracted pursuant to subsections 1 and 2, or as [he] the self-insured employer or association otherwise prescribes.

5. Require [his] employees to obtain [his] the approval of the self-insured employer or the association 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 [.] or the association.

Sec. 284. Section 237 of this act is hereby amended to read as follows:

Sec. 237 Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

2. For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section including, without limitation, an attorney, an auditor and an investigator.

3. The attorney general, acting through the unit established pursuant to subsection 2:

(a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits;

(b) Shall cooperate with the state industrial insurance system, the department of industrial relations, self-insured employers , associations of self-insured public or private employers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

(c) Shall protect the privacy of persons who are eligible to receive benefits pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

(d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, the state industrial insurance system and the division of industrial insurance regulation of the department of industrial relations, to investigate any alleged 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, 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.

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ê1993 Statutes of Nevada, Page 800 (CHAPTER 265, SB 316)ê

alleged 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, 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.

4. When acting pursuant to NRS 228.175, 228.410 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

5. The attorney general shall report the name of any person who has been convicted of violating 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, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

6. The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits.

7. As used in this section [, “self-insured employer”] :

(a) “Association of self-insured private employers” has the meaning ascribed to it in section 3 of this act.

(b) “Association of self-insured public employers” has the meaning ascribed to it in section 4 of this act.

Sec. 284.2. Section 1 of Assembly Bill No. 375 of this session is hereby amended to read as follows:

Section 1. 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 employer’s 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

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:

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ê1993 Statutes of Nevada, Page 801 (CHAPTER 265, SB 316)ê

(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 any 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] a projected change in premiums or projected change of multiplier; and

(2) Thirty days before the effective date of [any] a change decided upon.

The commission 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] An 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 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 predicted 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. In determining and fixing the premium rates applicable to an employer who begins business in this state but has conducted business in another state for 3 years or longer, the manager shall take into account the employer’s experience in the other state in the same manner as the manager takes into account an employer’s experience in this state.

6. Subsections 2 and 3 do not apply to rating plan made by voluntary agreement between the manager and an employer which increases or reduces premiums for the employer. The voluntary rating plan may be retrospective in nature. A voluntary rating plan must be in writing and signed by the manager and the employer.

[6.] 7. 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.

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ê1993 Statutes of Nevada, Page 802 (CHAPTER 265, SB 316)ê

by the plan, in 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 employer’s 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. 284.5. Section 4 of Assembly Bill No. 342 of this session is hereby amended to read as follows:

Sec. 4. 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 cash totaled $20 or more; and

together with the premium due thereon.

(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.

(d) For the period beginning January 1, 1995, and ending December 31, 1995,] the first [$33,000] $36,000 paid to the employee [.] during the calendar year.

3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

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ê1993 Statutes of Nevada, Page 803 (CHAPTER 265, SB 316)ê

Sec. 284.7. Section 2 of Assembly Bill No. 436 of this session is hereby amended to read as follows:

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 person’s or employing unit’s 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, workman’s 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;

(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.

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ê1993 Statutes of Nevada, Page 804 (CHAPTER 265, SB 316)ê

purposes appropriate to the operation of a public employment service or 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 recipient’s 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 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 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.

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ê1993 Statutes of Nevada, Page 805 (CHAPTER 265, SB 316)ê

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.

Sec. 285. NRS 616.028, 616.1703, 616.1705, 616.1707, 616.2223, 616.255, 616.256, 616.345, 616.537, 616.680, 617.180, 617.330, 617.350 and 617.360 are hereby repealed.

Sec. 286. (Omitted in amendment.)

Sec. 287. 1. The amendatory provisions of NRS 616.222, 616.585 and 616.610 must not be applied to reduce the amount of compensation and benefits of a person who is incarcerated and receiving benefits pursuant to chapter 616 or 617 of NRS before the effective date of this section, or to reduce the amount of the compensation and benefits of the dependents of such a person.

2. The amendatory provisions of NRS 616.027 must not be applied to reduce the average monthly wage of an employee who is receiving compensation for an industrial injury or occupational disease before the effective date of this section.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 806 (CHAPTER 265, SB 316)ê

3. Section 19 of this act does not apply to an employee who, before the effective date of this section, is receiving compensation pursuant to chapter 616 of NRS for an injury that was:

(a) Sustained in the manner described in paragraph (b) of subsection 1 of section 19 of this act; or

(b) Aggravated, precipitated or accelerated in the manner described in paragraph (b) of subsection 2 of section 19 of this act.

4. Section 212 of this act does not apply to an employee who, before the effective date of this section, is receiving compensation pursuant to chapter 617 of NRS for an occupational disease that was:

(a) Contracted in the manner described in paragraph (b) of subsection 1 of section 212 of this act; or

(b) Aggravated, precipitated or accelerated in the manner described in paragraph (b) of subsection 2 of section 212 of this act.

5. Notwithstanding the amendatory provisions of subsection 5 and 7 of NRS 616.545, a claimant may file an application to reopen a claim pursuant to the remaining provisions of NRS 616.545, as amended by this act, before July 1, 1994, if:

(a) The claimant was not off work as a result of the industrial injury;

(b) The claimant did not receive benefits for a permanent partial disability; and

(c) A hearing was requested on the closure of the claim and the clamant received notice of the decision of the hearing officer before July 1, 1993.

6. The amendatory provisions of NRS 616.625 must not be applied to reduce the amount of compensation and benefits that a claimant is entitled to receive for a subsequent injury or disability that occurred before the effective date of this section.

Sec. 288. If the manager of the state industrial insurance system enters into a contract with an organization for managed care pursuant to section 74 of this act, an injured employee who is insured by the system and is receiving medical or health care services for an industrial injury or occupational disease on the effective date of this section may not be required to participate in the plan for managed care until he is determined to be medically stable or changes his physician or chiropractor.

Sec. 289. 1. Except as otherwise provided in subsection 2, any officer or employee of the state or a political subdivision of the state, and any insurer who, on the effective date of this section, is investigating an alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, shall, within 30 days after the effective date of this section, transfer that investigation and all records relating thereto to the fraud control unit for industrial insurance created pursuant to section 237 of this act.

2. An officer or employee of the state or a political subdivision of the state, or an insurer shall not transfer an investigation or records relating thereto to the fraud control unit for industrial insurance if an information or complaint has been filed.

3. As used in this section, “insurer” has the meaning ascribed to it in NRS 616.1103.

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ê1993 Statutes of Nevada, Page 807 (CHAPTER 265, SB 316)ê

Sec. 290. Notwithstanding the provisions of NRS 616.412, the director of the department of industrial relations shall not, before October 1, 1995, increase the schedule of fees and charges allowable for accident benefits that is required to be established pursuant to that section unless:

1. The manager of the state industrial insurance system enters into a contract with an organization for managed care pursuant to section 74 of this act to provide comprehensive medical and health care services to employees whose employers are insured by the system for injuries and diseases that are compensable under chapters 616 and 617 of NRS; or

2. The governor approves an increase in the schedule of fees and charges.

Sec. 291. 1. Payments for compensation made from the subsequent injury fund for any claim filed by an injured employee insured by the state industrial insurance system must terminate on the effective date of this section, and any future charges for such a claim must be made by the system pursuant to the procedures established pursuant to section 83 of this act.

2. As soon as practicable after the effective date of this section, the director of the department of industrial relations shall cause to be conducted an audit of the subsequent injury fund and return to the state industrial insurance system any excess money in the fund in an amount equal to the system’s portion of the assessments paid into the fund pursuant to NRS 616.4261. Any money received by the system pursuant to this subsection must be deposited in the state insurance fund.

Sec. 292. 1. Notwithstanding the provisions of NRS 616.027, for the purpose of calculating benefits for a temporary total disability from the effective date of this section to and including June 30, 1995, “average monthly wage” must be calculated by using the state average weekly wage on the effective date of this section, as computed by the employment security department pursuant to the provisions of NRS 616.027.

2. This section does not affect the calculation of benefits other than those for a temporary total disability.

3. This section must not be applied to reduce the average monthly wage of an employee who has incurred an industrial injury or occupational disease before the effective date of this section.

Sec. 293. The governor shall:

1. Review the laws concerning industrial insurance enacted by the 67th session of the Nevada Legislature;

2. Prepare a report concerning the review that contains an evaluation of the effectiveness of those laws, any recommended programs, proposed legislation and the results of an audit of the state industrial insurance system; and

3. Submit the report to the 68th session of the Nevada Legislature no later than the first Friday in March of 1995.

Sec. 294. 1. This section and sections 1, 2, 5, 6, 10 to 21, inclusive, 21.2 to 22.5, inclusive, 24, 52 to 84, inclusive, 86, 87, 88, 91, 92, 94, 95, 97, 98, 99, 100, 101, 102, 103, 103.5, 104, 105, 106, 107, 111, 112, 114, 115, 116, 118, 119.5, 120, 121, 123, 124, 126, 130, 131, 132, 136, 138, 140, 141, 142, 144, 145, 146, 148, 150, 153, 155, 157, 159, 161, 164, 165, 166 to 169.5, inclusive, 172, 173, 175, 176, 179 to 182, inclusive, 184, 186 to 191.5, inclusive, 193 to 200.5, inclusive, 201.5, 202, 203, 204, 206, 207 to 213, inclusive, 216 to 224, inclusive, 227, 228, 229, 230, 232, 235, 236, 237, 239, 240, 242, 246.3, 249, 250, 251 to 260, inclusive, 261 to 282, inclusive and 284.2 to 293, inclusive, of this act become effective upon passage and approval.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 808 (CHAPTER 265, SB 316)ê

237, 239, 240, 242, 246.3, 249, 250, 251 to 260, inclusive, 261 to 282, inclusive and 284.2 to 293, inclusive, of this act become effective upon passage and approval.

2. Sections 245 and 246 of this act become effective on July 1, 1993.

3. Section 247 of this act becomes effective at 12:01 a.m. on July 1, 1993.

4. Sections 4.5, 21.1, 84.5, 116.5 and 282.6 of this act become effective on July 1, 1994.

5. Sections 3, 4, 7, 8, 9, 25 to 51, inclusive, 85, 89, 90, 93, 108, 110, 113, 117, 119, 122, 128, 129, 133, 134, 135, 137, 139, 143, 147, 149, 150.5, 151, 152, 154, 156, 158, 160, 162, 163, 170, 171, 177, 201, 205, 206.5, 214, 226, 231, 241, 243, 244, 246.5, 248, 250.5, 260.5, 282.5, 283 and 284 of this act become effective on July 1, 1995.

6. Section 282.55 of this act becomes effective on January 1, 1996.

7. Sections 98.5, 99.5, 100.5, 103.2, 104.5, 106.5, 164.5 and 165.5 of this act become effective on July 1, 1997.

________

CHAPTER 266, AB 77

Assembly Bill No. 77 — Committee on Judiciary

CHAPTER 266

AN ACT relating to crimes; revising the provisions regarding loitering, prowling and vagrancy; providing a penalty; authorizing certain local ordinances; and providing other matters properly relating thereto.

[Approved June 23, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 207.030 is hereby amended to read as follows:

207.030 1. [Every person who:

(a) Solicits anyone to engage in or who engages] It is unlawful to:

(a) Offer or agree to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;

(b) [Solicits] Offer or agree to engage in, engage in or aid and abet any act of prostitution;

(d) [Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;

(e) Goes from house to house begging food, money or other articles, or seeks] Seek admission to [houses] a house upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;

[(f) Keeps]

(e) Keep a place where lost or stolen property is concealed;

[(g) Loiters]

(f) Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;

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ê1993 Statutes of Nevada, Page 809 (CHAPTER 266, AB 77)ê

[(h) Loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to state his name and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands the identification;

(i) Loiters, prowls or wanders upon the private property of another, without visible or lawful business with the owner or occupant thereof, or who, while loitering, prowling or wandering upon the private property of another, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof; or

(j) Lodges]

(g) Lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof . [,

is a vagrant.

2. Every vagrant]

2. A person who violates a provision of subsection 1 shall be punished:

(a) For the first violation of paragraph (a), (b) or (c) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.

(b) For the second violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than $250 nor more than $1,000.

(c) For the third or subsequent violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

(d) For a violation of any provisions of paragraphs (d) to [(j),] (g), inclusive, of subsection 1, for a misdemeanor.

3. The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.

4. A local government may enact an ordinance which regulates the time, place or manner in which a person or group of persons may beg or solicit alms in a public place or place open to the public.

Sec. 2. NRS 244.357 is hereby amended to read as follows:

244.357 1. Each board of county commissio ners may enact and enforce such local police and sanitary ordinances and regulations as are not in conflict with the general laws and regulations of the State of Nevada, but may not enact any ordinance or regulation fixing a speed limit on any United States highway or any highway or road which is constructed, reconstructed, improved or maintained by the department of transportation as provided in chapter 408 of NRS.

2. Such police and sanitary ordinances and regulations may be enacted to apply throughout an entire county or, where the subject matter makes it appropriate and reasonable, may be enacted to govern only a limited area within the county which must be specified in the ordinance.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 810 (CHAPTER 266, AB 77)ê

3. Each board of county commissioners may enact and enforce [a vagrancy ordinance which conforms to the provisions of NRS 207.030.] loitering and prowling ordinances.

4. Subject to the restriction of subsection 1, each board of county commissioners may, by ordinance, regulate:

(a) All vehicular, pedestrian and other traffic within the unincorporated area of the county and provide generally for the public safety on public streets, publicly owned parking lots, parking areas to which the public is invited and the public rights of way.

(b) The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

Sec. 3. NRS 268.409 is hereby amended to read as follows:

268.409 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 to enact and enforce [a vagrancy ordinance which conforms to the provisions of NRS 207.030.] loitering and prowling ordinances.

Sec. 4. NRS 269.217 is hereby amended to read as follows:

269.217 In addition to the powers and jurisdiction conferred by other laws, the town boards or boards of county commi ssioners of the counties of this state are empowered to enact and enforce [a vagrancy ordinance which conforms to the provisions of NRS 207.030.] loitering and prowling ordinances.

Sec. 5. This act becomes effective upon passage and approval.

________

CHAPTER 267, AB 540

Assembly Bill No. 540 — Committee on Judiciary

CHAPTER 267

AN ACT relating to domestic violence; authorizing a court to expedite the issuance of a temporary order for protection against domestic violence under certain circumstances; and providing other matters properly relating thereto.

[Approved June 23, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 33.020 is hereby amended to read as follows:

33.020 1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence.

2. The court may require the applicant or the adverse party, or both, to appear before it before determining whether to grant the temporary or extended order.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 811 (CHAPTER 267, AB 540)ê

3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.

4. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

5. If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order for protection against domestic violence. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

________

CHAPTER 268, AB 561

Assembly Bill No. 561 — Committee on Ways and Means

CHAPTER 268

AN ACT relating to appraisers of real estate; revising the requirements for the issuance of a certificate, license or permit; requiring the real estate division of the department of commerce to retain a portion of the fees paid by appraisers for payment to the Financial Institutions Examination Council; and providing other matters properly relating thereto.

[Approved June 23, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 645C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. The division may issue a permit to conduct an appraisal in this state to a person who holds a certificate or license issued by another state or territory of the United States or the District of Columbia.

2. The commission shall adopt regulations which prescribe the requirements for the issuance of such a permit.

Sec. 3. 1. The division shall not issue a certificate, license or permit pursuant to this chapter to an applicant who is a resident of another state unless he has executed a written statement that appoints the administrator as his agent for the service of process for any action or proceeding filed against him in this state.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 812 (CHAPTER 268, AB 561)ê

2. The statement of appointment must include a provision which provides:

(a) That any process which is served on the administrator shall be deemed to have the same legal validity as if it had been served on the applicant;

(b) That the appointment of the administrator as his agent for the service of process continues as long as any liability remains outstanding against him in this state; and

(c) For venue in any judicial or administrative district in this state without regard to the residence or principal place of business of the holder of a certificate or license.

3. The statement of appointment must be signed by the applicant and notarized. The applicant shall file a copy of the statement of appointment with the administrator. A copy of the statement which is certified by the administrator shall be deemed sufficient evidence of the appointment.

4. If any process is served upon the administrator pursuant to this section, the administrator shall mail the process by certified mail to the last known address of the person holding the certificate, license or permit. Service of process shall be deemed complete upon mailing. The manner of the service of process described in this subsection does not affect the validity of any other service of process authorized by law.

Sec. 4. NRS 645C.100 is hereby amended to read as follows:

645C.100 “Permit” means a [temporary certificate or license] permit to conduct an appraisal issued to an appraiser by the administrator pursuant to [NRS 645C.360.] section 2 of this act.

Sec. 5. NRS 645C.240 is hereby amended to read as follows:

645C.240 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, all fees, penalties and other charges received by the division pursuant to this chapter must be deposited with the state treasurer for credit to the state general fund.

2. Fees received from the sale of publications must be retained by the division to pay the costs of printing and distributing publications. Any surplus must be deposited with the state treasurer for credit to the state general fund.

3. The portion of the fees collected by the division pursuant to NRS 645C.450 for the issuance or renewal of a certificate or license as a residential appraiser or the issuance or renewal of a certificate as a general appraiser which is used for payment of the registry fee to the Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the division for payment to the Financial Institutions Examination Council.

4. Money for the support of the division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the state are paid.

Sec. 6. NRS 645C.320 is hereby amended to read as follows:

645C.320 1. The administrator shall issue a certificate or license, as appropriate, to any person:

(a) Of good moral character, honesty and integrity;

(b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330; and

(c) Who , except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the commission.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 813 (CHAPTER 268, AB 561)ê

2. The administrator may deny an application for a certificate or license to any person who:

(a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

(b) Makes a false statement of a material fact on his application; or

(c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

Sec. 7. NRS 645C.330 is hereby amended to read as follows:

645C.330 1. An applicant for a license as a residential appraiser must furnish proof satisfactory to the commission that he has successfully completed:

(a) Not less than 75 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and

(b) [During the 5 years immediately preceding the date of his application, at] At least 2 years of experience working full time as an appraiser or intern.

2. An applicant for a certificate as a residential appraiser must furnish proof satisfactory to the commission that he has successfully completed:

(a) Not less than 120 hours of academic instruction in subjects related to appraisal taught in courses approved by the commission; and

(b) [During the 5 years immediately preceding the date of his application, at] At least 2 years of experience working full time as an appraiser or intern.

3. An applicant for a certificate as a general appraiser must furnish proof satisfactory to the commission that he has successfully completed:

(a) Not less than 165 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and

(b) [During the 5 years immediately preceding the date of his application, at] At least 3 years of experience working full time as an appraiser or intern.

4. As used in this section, an “hour of academic instruction” means at least 50 minutes of actual time spent receiving instruction.

Sec. 8. NRS 645C.360 is hereby amended to read as follows:

645C.360 1. [A certificate, license or permit may be issued under this chapter, without an examination, to a person who holds a certificate, license or permit to act as an appraiser issued by another state or territory of the United States or the District of Columbia, upon a showing that the requirements for the certificate, license or permit issued in that jurisdiction are substantially equivalent to those required by this state to obtain the type of certificate, license or permit for which he is applying.

2. A permit may be issued for a period not to exceed 3 months.] An applicant for a certificate or license issued pursuant to this chapter is not required to pass the examination otherwise required by NRS 645C.320 if:

(a) He holds a certificate or license as an appraiser issued by another state or territory of the United States or the District of Columbia;

(b) The requirements for the examination for the certificate or license issued in that state or territory of the United States or the District of Columbia are substantially equivalent to the requirements for the examination required by this state for a certificate or license; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 814 (CHAPTER 268, AB 561)ê

(c) The applicant has passed the examination in that state or territory of the United States or the District of Columbia.

2. The division shall issue a certificate or license to a person who holds a certificate or license as an appraiser issued by a state or territory of the United States or the District of Columbia if it has entered into a reciprocal agreement with the commission for the issuance of certificates and licenses pursuant to this chapter and the person submits proof to the division that:

(a) He has been issued a certificate or license by the state or territory of the United States or the District of Columbia; and

(b) At the time he files his application with the division, the certificate or license is in effect.

3. The commission shall not enter into a reciprocal agreement pursuant to subsection 2 unless the provisions relating to the appraisal of real estate, including the requirements for the licensing of appraisers of real estate, in the other state or territory of the United States or District of Columbia are substantially similar to the provisions relating to the appraisal of real estate in this state.

Sec. 9. This act becomes effective on July 1, 1993.

________

CHAPTER 269, SB 72

Senate Bill No. 72 — Committee on Human Resources and Facilities

CHAPTER 269

AN ACT relating to sanitation; authorizing certain additional persons to enforce laws pertaining to the illegal disposal of garbage; and providing other matters properly relating thereto.

[Approved June 23, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 444.630 is hereby amended to read as follows:

444.630 1. As used in this section, “garbage” includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.

2. Every person who willfully places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor and, if the convicted person agrees, he shall be sentenced to perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.

3. Except as otherwise provided in NRS 444.585, ownership of garbage does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 815 (CHAPTER 269, SB 72)ê

received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any garbage which is disposed of in violation of subsection 2 creates a reasonable inference that the owner is the person who disposed of the garbage. The fact that the disposal of the garbage was not witnessed does not, in and of itself, preclude the identification of its owner.

4. All [health officers, game wardens, police officers of cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada] :

(a) Health officers and their deputies;

(b) Game wardens;

(d) Sheriffs and their deputies;

(e) Other peace officers of the State of Nevada; and

(f) Other persons who are specifically designated by the local government to do so,

shall, within their respective jurisdictions, enforce the provisions of this section.

5. A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.

6. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

(a) Agency of the state or its political subdivisions.

(b) Employer, public or private.

(d) Financial institution or other entity which is in the business of providing credit reports.

(e) Public utility.

Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 2. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

________

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ê1993 Statutes of Nevada, Page 816ê

CHAPTER 270, SB 119

Senate Bill No. 119 — Committee on Natural Resources

CHAPTER 270

AN ACT relating to wildlife; requiring the board of wildlife commissioners to establish policies regarding the revocation of licenses upon a single violation of certain statutes or regulations; and providing other matters properly relating thereto.

[Approved June 23, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 501.181 is hereby amended to read as follows:

501.181 The commission shall:

1. Establish broad policies for:

(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.

(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of [the] this state.

2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.

3. Establish policies for areas of interest including:

(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.

(b) The control of wildlife depredations.

(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.

(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.

(e) The control of nonresident hunters.

(f) The introduction, transplanting or exporting of wildlife.

(g) Cooperation with federal, state and local agencies on wildlife and boating programs.

(h) The [hunting, fishing or trapping privileges of] revocation of licenses issued pursuant to this Title to any person who is convicted of [two violations of the provisions] a violation of any provision of this Title [within a 5-year period.] or any regulation adopted pursuant thereto.

4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:

(a) Regular and special session for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 817 (CHAPTER 270, SB 119)ê

limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.

(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.

5. Adopt regulations requiring the department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.

6. Adopt regulations:

(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.

(b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.

7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to section 32 of [this act.] Senate Bill No. 114 of this session.

Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1993.

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CHAPTER 271, SB 231

Senate Bill No. 231 — Committee on Natural Resources

CHAPTER 271

AN ACT relating to the encouragement of new industry in Nevada; authorizing the public service commission of Nevada to allow retail transmission of additional electricity for certain new recycling businesses; authorizing the commission on economic development to participate in certain proceedings before the public service commission of Nevada; exempting a percentage of the personal property of certain new recycling businesses from property taxes; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. If a business with a new industrial load has been certified by the commission on economic development pursuant to section 4 of this act, the public service commission of Nevada may authorize a public utility that furnishes electricity for the business to purchase or transmit a portion of the electricity provided to the business to reduce the overall cost of the electricity to the business.

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ê1993 Statutes of Nevada, Page 818 (CHAPTER 271, SB 231)ê

to the business. The purchases of electricity may be made by the business with the new industrial load, by agreement between the public utility and the business or by the public utility on behalf of the business, and must be made in accordance with such rates, terms and conditions as are established by the public service commission of Nevada.

2. If additional facilities are determined by the affected utility to be required as the result of authorization granted pursuant to subsection 1, the facilities must be constructed, owned and operated by the affected utility. The business must agree as a condition to the authorization granted pursuant to subsection 1 to continue its business in operation in Nevada for 30 years. The agreement must require appropriate security for the reimbursement of the utility for the remaining portion of the value of the facilities which has not been depreciated by the utility and will not be mitigated by use of the facilities for other customers in the event that the business, or its successor in interest, does not remain in operation for 30 years.

3. Nothing in this section authorizes the Federal Energy Regulatory Commission to order the purchase or transmittal of electricity in the manner described in subsection 1.

4. All of the rules, regulations and statutes pertaining to the public service commission of Nevada and public utilities apply to actions taken pursuant to this section.

5. Any authorization granted by the public service commission of Nevada pursuant to this section must include such terms and conditions as the commission determines are necessary to ensure that the rates or charges assessed to other customers of the public utility do not subsidize the cost of providing service to the business.

Sec. 3. The commission on economic development may participate in proceedings before the public service commission of Nevada concerning a public utility in the business of supplying electricity or natural gas to advocate the accommodation of the state plan for industrial development and diversification. The commission on economic development may intervene as a matter of right in a proceeding pursuant to NRS 704.736 to 704.755, inclusive.

Sec. 4. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The commission on economic development shall certify a business for the benefits provided pursuant to sections 2 and 5 of this act if the commission finds that:

(a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;

(b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;

(d) The economic benefit to the state of approving the certification exceeds the cost to the state.

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ê1993 Statutes of Nevada, Page 819 (CHAPTER 271, SB 231)ê

2. The commission on economic development shall certify a business for the benefits provided pursuant to section 5 of this act if the commission finds that:

(a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;

(d) The economic benefit to the state of approving the certification exceeds the cost to the state.

3. The commission on economic development may:

(a) Request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.369 to cover the costs incurred by the commission pursuant to this section and section 3 of this act.

(b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the commission in investigating and ruling on the application.

Sec. 5. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, if a business obtains certification from the commission on economic development pursuant to section 4 of this act, 75 percent of the personal property of the business is exempt from taxation.

2. Before an exemption may be granted pursuant to subsection 1, the business must execute an agreement with the commission on economic development which states that the business will continue in operation in Nevada for 30 or more years after the date on which the exemption is granted. The agreement must bind the successors in interest of the business. The exemption pursuant to this section continues until the expiration of the agreement or until the business discontinues in operation in Nevada, whichever occurs first.

3. The exemption provided in this section applies only to the business for which certification was granted pursuant to section 4 of this act and the property used in connection with that business. The exemption does not apply to property in Nevada that is not related to the business for which the certification was granted pursuant to section 4 of this act, or to property in existence and subject to taxation before the certification was granted.

Sec. 6. The commission on economic development shall report to the 68th and 69th sessions of the legislature concerning certification granted pursuant to this act and the effect of this act in attracting businesses to Nevada.

Sec. 7. This act becomes effective upon passage and approval.

________

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ê1993 Statutes of Nevada, Page 820ê

CHAPTER 272, AB 601

Assembly Bill No. 601 — Assemblymen Hettrick, Chowning, Ernaut, Petrak, Heller, Perkins, Bonaventura, Collins, Arberry, de Braga, Kenny, Marvel, Giunchigliani, Toomin, Segerblom, Neighbors, Anderson, Tiffany, McGaughey, Scherer, Schneider, Regan, Carpenter, Gregory, Augustine, Price, Sader, Dini, Gibbons, Humke, Lambert, Bache, Freeman and Evans

CHAPTER 272

AN ACT relating to community antenna television; providing a civil penalty and increased criminal penalty for a willful violation of certain provisions concerning unauthorized interception of the services of a community antenna television company for commercial advantage; providing a penalty; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:

A local government may recover from a person who is convicted of violating subsection 3 of NRS 711.270 a civil penalty of not more than $50,000 for the first violation, and for the second or subsequent violation a civil penalty of not more than $100,000. This penalty is in addition to any other civil or criminal penalty provided in NRS 711.270 or 711.280.

Sec. 2. NRS 711.270 is hereby amended to read as follows:

711.270 1. Any person who knowingly:

(a) Makes or maintains a connection or attaches any device to any line or other component of a community antenna television company;

(b) Purchases or possesses any device; or

to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.

2. Any person who knowingly and without the authorization of a community antenna television company:

(a) Imports into this state;

(b) Distributes; or

any device designed to decode a signal encoded by the community antenna television company is guilty of a misdemeanor.

3. Any person who willfully violates subsection 1 or 2 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.

Sec. 3. NRS 711.290 is hereby amended to read as follows:

711.290 A criminal action or proceeding under NRS 711.270 may be commenced at any time within 5 years after the conduct in violation of the section occurs.

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ê1993 Statutes of Nevada, Page 821 (CHAPTER 272, AB 601)ê

section occurs. A civil action or proceeding under NRS 711.280 or section 1 of this act may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later.

________

CHAPTER 273, AB 586

Assembly Bill No. 586 — Assemblymen Neighbors, Dini, Marvel, Gibbons, Regan, Carpenter, Petrak, Ernaut, Anderson, Segerblom, Hettrick, Toomin, Heller, Chowning, Collins, Scherer, Lambert, McGaughey, Bache, Bonaventura, Price, Giunchigliani, Evans, Sader, Smith, de Braga, Kenny, Arberry, Bennett, Perkins, Wendell Williams, Humke, Schneider, Garner, Augustine, Spitler, Tiffany, Haller, Myrna Williams, Porter and Gregory

CHAPTER 273

AN ACT relating to employment; revising the provision limiting the number of hours an employee may work in an underground mine; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 608.200 is hereby amended to read as follows:

608.200 1. [The] Except as otherwise provided in this section, the period of employment for all persons who are employed, occupied or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in extraction of minerals, whether base or precious metallic or nonmetallic, or who are engaged in such underground mines or underground workings, or who are employed, engaged or occupied in other underground workings of any kind or nature for the purpose of tunneling, making excavations or to accomplish any other purpose or design [shall] must not exceed 8 hours within any 24 hours . [, and the 8 hours shall include the time employed, occupied or consumed from the time or entering the collar of the shaft or portal of the tunnel of any underground mine until returning to the surface from the underground mine, or the time employed, occupied or consumed in leaving the surface of any tunnel, open cut or open pit workings for the point or place of work therein, and returning thereto from such place or point of work.] The 8-hour limit applies only to time actually employed in the mine and does not include time consumed for meals or travel into or out of the actual worksite. It is unlawful for a person or his agent to hire, contract with or cause any person to work for a period longer than the provisions of this section allow.

2. In cases of emergency where life or property is in danger, the period may be prolonged during the continuance of [such] the emergency.

3. [Nothing contained in this section shall be deemed to] This section does not prevent change in the hours of employment from one part of the day to another at stated periods, nor [to] does it prevent the employment of any of the persons mentioned in this section for more than 8 hours during the day in which a change is made .

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ê1993 Statutes of Nevada, Page 822 (CHAPTER 273, AB 586)ê

the persons mentioned in this section for more than 8 hours during the day in which a change is made . [; but such] Such a change in the hours of employment [shall] must not occur more than once in any 2 weeks.

4. [Nothing contained in this section shall] This section does not preclude a repair or maintenance crew from completing any repair or maintenance work upon which it is engaged at the end of an 8-hour period . [; nor shall an employee be precluded] This section does not preclude an employee from working a subsequent shift or period thereof in the same 24 hours if no qualified employee is available for relief.

5. If a majority of the employees whose hours are limited by this section agree to a policy proposed by their employer for periods of work in excess of 8 hours in a 24-hour period, the employer may adopt such a policy. The agreement required for such a policy must be evidenced by the results of an election held during regular working hours using secret ballots. All affected employees who are employed by the employer not later than 24 hours before the voting begins are eligible to cast a ballot.

6. Before such an election may be conducted, the employer shall hold informational meetings for the affected employees on each shift during the regular working hours of the affected employees. At each such meeting the employer shall explain the effect of the proposed policy on the hours and compensation of the employees. Written notice of these informational meetings must be posted conspicuously in at least three locations throughout the mine site for at least 7 consecutive days before the date of the meetings. The notice must include the time, date, place and purpose of the meetings. Written notice of the time, date, place and purpose of the election must be posted in the same manner and for the same period. Failure to comply with the procedural requirements of this subsection make the results of the election void for the purposes of this section.

7. The limitation set forth in subsection 1 and the other provisions in this section do not apply to employees who are covered by a valid collective bargaining agreement.

8. Any person who willfully violates subsection 1 of this section [, or any person, corporation, employer, or his or its agent who hires, contracts with, or causes any person to work in an underground mine or other underground workings for a period of time longer than 8 hours during 1 day, unless life and property shall be in imminent danger, shall be] is guilty of a misdemeanor.

Sec. 2. This act becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 823ê

CHAPTER 274, AB 115

Assembly Bill No. 115 — Committee on Natural Resources, Agriculture and Mining

CHAPTER 274

AN ACT relating to hazardous materials; providing immunity from civil liability for certain governmental organizations and private persons in connection with those materials; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “hazardous material” has the meaning ascribed to it in NRS 459.700, and includes the materials so identified and listed in regulations adopted by the director of the department of motor vehicles and public safety pursuant to NRS 459.710 and any other substance which is regulated pursuant to this chapter.

Sec. 3. 1. The state emergency response commission, each local emergency planning committee appointed by the commission, and their respective members are immune from liability for the death of or injury to persons, and for injury to property, resulting from the performance of their functions under this chapter and under Public Law 99-499 as that law existed on January 1, 1993.

2. Except as limited by sections 4 and 5 of this act, a person who provides equipment, advice or other assistance in mitigating or attempting to mitigate the effects of a discharge of hazardous material, or in preventing, cleaning up, or disposing of such a discharge, or in attempting to prevent, cleanup, or dispose of such a discharge, is immune from liability for the death of or injury to persons, and for injury to property, resulting from those activities.

Sec. 4. The immunity provided by subsection 2 of section 3 of this act does not apply to:

1. Damages resulting from the person’s gross negligence or his intentional, reckless or wanton misconduct;

2. A person:

(a) Whose act or failure to act was a cause of the discharge; or

(b) Who receives compensation other than:

(1) Reimbursement for his actual expenses in voluntarily providing the equipment, advice or other assistance; or

(2) Compensation from his regular employer for the time during which he is engaged in rendering the assistance or advice.

Sec. 5. A person is entitled to immunity under subsection 2 of section 3 of this act only if:

1. In the case of one furnishing advice or assistance, he is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his qualifications; and

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ê1993 Statutes of Nevada, Page 824 (CHAPTER 274, AB 115)ê

2. He was requested to provide the equipment, advice or other assistance by:

(a) The person responsible for the discharge;

(b) The division of emergency management of the department of the military;

(d) The division of environmental protection of the state department of conservation and natural resources;

(e) The Nevada highway patrol division of the department of motor vehicles and public safety;

(f) The state fire marshal division of the department of commerce;

(g) The state emergency response commission or a local emergency planning committee appointed by the commission;

(h) A local fire department; or

(i) A local agency for law enforcement.

Sec. 6. NRS 41.031 is hereby amended to read as follows:

41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [and] subsection 4 of this section [,] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [and] subsection 4 of this section [,] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.

2. Any action may be brought under this section against the State of Nevada or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon the secretary of state and the person serving in the office of administrative head of the named agency.

3. Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.

4. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.

Sec. 7. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1993.

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ê1993 Statutes of Nevada, Page 825ê

CHAPTER 275, AB 124

Assembly Bill No. 124 — Committee on Natural Resources, Agriculture and Mining

CHAPTER 275

AN ACT relating to emergency management; authorizing the director of the division of emergency management of the department of the military to facilitate the development of a comprehensive, coordinated approach to emergency management; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 414.040 is hereby amended to read as follows:

414.040 1. A division of emergency management is hereby created within the department of the military. The director of the division is appointed by and holds office at the pleasure of the governor. The division is the state agency for civil defense and the director is the state’s director of civil defense.

2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

3. The director, subject to the direction and control of the adjutant general, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the adjutant general.

4. To facilitate the development of a comprehensive, coordinated approach to emergency management, the director may develop an integrated process, using the partnership of governmental entities, business and industry and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies. In developing this process, he may suggest activities designed to:

(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;

(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency occurs by fostering the adoption of plans for emergency operations, the training of necessary personnel and the acquisition of necessary resources;

(c) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and

(d) Restore the operation of vital community life-support systems and return persons and property affected by an emergency to a condition that is comparable to what existed before the emergency occurred.

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ê1993 Statutes of Nevada, Page 826ê

CHAPTER 276, AB 202

Assembly Bill No. 202 — Assemblymen Price, Dini, Arberry, Bennett, Scherer, Spitler, Myrna Williams, Chowning, Smith, Freeman, Anderson, Haller, Lambert, Bache, Garner, Toomin, Wendell Williams, Collins, de Braga, Regan, Perkins, Petrak, Hettrick, Augustine, Segerblom, Ernaut, Carpenter, Schneider, Neighbors, Evans, Sader, Tiffany, Gregory, McGaughey, Kenny, Marvel, Giunchigliani, Porter, Heller, Humke, Gibbons and Bonaventura

CHAPTER 276

AN ACT relating to the legislature; requiring the disclosure of the name of the legislator or organization on whose behalf a request for the preparation of a legislative measure was requested if the request was made by a special or standing committee of the legislature; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 218.2475 is hereby amended to read as follows:

218.2475 1. On July 1 preceding each regular session of the legislature, and each week thereafter until the adjournment of the legislature sine die, the legislative counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the legislative counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in subsection 3, the list must only contain the name of each requester, the date and a brief summary of the request.

2. The legislative counsel bureau shall make copies of the list available to the public for a reasonable sum fixed by the legislative commission upon the recommendation of the director of the legislative counsel bureau.

3. In preparing the list, the legislative counsel shall [not] :

(a) Not include the name of the legislator who has requested the preparation of a measure until:

[(a)] (1) The particular measure is introduced in the legislature; or

[(b)] (2) The legislator requests that his name be disclosed as the requester of the measure,

whichever occurs first.

(b) If a standing or special committee of the legislature requests a measure on behalf of a legislator or organization, include the name of the standing or special committee and the name of the legislator or organization on whose behalf the measure was originally requested.

Sec. 2. NRS 218.2477 is hereby amended to read as follows:

218.2477 [The legislative counsel shall, upon request, disclose the name of the legislator who has requested the preparation of a measure through a standing or special committee of the legislature if:

1. The measure is introduced in the legislature; or

2. The legislator requests that his name be disclosed as the requester of the measure.] If a standing or special committee of the legislature requests the preparation of a measure on behalf of a legislator or an organization, the measure must indicate the name of the standing or special committee and the legislator or organization on whose behalf the measure was originally requested.

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ê1993 Statutes of Nevada, Page 827 (CHAPTER 276, AB 202)ê

measure must indicate the name of the standing or special committee and the legislator or organization on whose behalf the measure was originally requested.

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CHAPTER 277, AB 486

Assembly Bill No. 486 — Committee on Judiciary

CHAPTER 277

AN ACT relating to bail; eliminating an exception to the requirement that a court exonerate an obligor and release bail upon the sentencing of a defendant; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 178.522 is hereby amended to read as follows:

178.522 1. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. The court shall exonerate the obligors and release any bail at the time of sentencing the defendant, if the court has not previously done so unless the [:

(a) Court orders the defendant to appear in court after his sentencing; or

(b) Money] money deposited by the defendant as bail must be applied to satisfy a judgment pursuant to NRS 178.528.

2. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.

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CHAPTER 278, AB 582

Assembly Bill No. 582 — Assemblyman Carpenter

CHAPTER 278

AN ACT relating to manufactured housing; authorizing the manufactured housing division of the department of commerce to provide by regulation for the limited licensure of servicemen; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The administrator may adopt regulations which provide for the creation of a subclass of licensure for servicemen. A person licensed as a limited serviceman pursuant to this section must be limited in the scope of the work he may perform to installation or repair in one of the following categories:

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ê1993 Statutes of Nevada, Page 828 (CHAPTER 278, AB 582)ê

(a) Awnings, roofing or skirting;

(b) Plumbing; or

2. The administrator shall provide in such a regulation for:

(a) The imposition of reasonable fees for application, examination and licensure.

(b) The creation and administration of a written or oral examination for each category of limited licensure.

3. A person who is licensed as a limited serviceman shall comply with each statute and regulation which applies to servicemen, including the required payment of a fee pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

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CHAPTER 279, AB 621

Assembly Bill No. 621 — Assemblyman Carpenter

CHAPTER 279

AN ACT relating to criminal procedure; deleting certain statutory provisions governing a recommendation for punishment agreed upon by a defendant and the district attorney with a plea of guilty or nolo contendere to certain offenses; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 174.065 is hereby amended to read as follows:

174.065 Except as otherwise provided in NRS 174.061:

1. On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.

2. On a plea of guilty to an indictment or information for murder of the first degree, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.

[3. On a plea of guilty or nolo contendere to another offense, the defendant and the district attorney may agree to recommend an appropriate punishment. The court may defer its decision upon the recommendation until it has considered the presentence report. If the court accepts the recommendation, it shall impose the specified punishment or a lesser punishment.

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ê1993 Statutes of Nevada, Page 829 (CHAPTER 279, AB 621)ê

shall impose the specified punishment or a lesser punishment. If the court rejects the recommendation, the defendant may withdraw the plea.]

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 280, AB 626

Assembly Bill No. 626 — Committee on Judiciary

CHAPTER 280

AN ACT relating to gaming; making various changes to the statutes regulating gaming to accommodate the use of a cashless wagering system; defining “manufacturer” for the purposes of such statutes; providing penalties; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. “Cashless wagering system” means a method of wagering and accounting in which the validity and value of a wagering instrument are determined, monitored and retained by a computer which maintains a record of each transaction involving the wagering instrument itself, exclusive of the game or gaming device on which wagers are being made.

Sec. 3. “Manufacturer” means a person who:

1. Manufactures, assembles, programs or makes modifications to a gaming device or cashless wagering system; or

2. Designs, controls the design or assembly or maintains a copyright over the design of a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device or in a cashless wagering system, for use or play in this state or for distribution outside of this state.

Sec. 4. NRS 463.013 is hereby amended to read as follows:

463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

Sec. 5. NRS 463.650 is hereby amended to read as follows:

463.650 1. Except as otherwise provided in subsections 2, 3 and 4, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device or cashless wagering system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

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ê1993 Statutes of Nevada, Page 830 (CHAPTER 280, AB 626)ê

3. The holder of a state gaming license or the holding company of a corporate licensee may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

4. The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with subsection 3 of NRS 463.160 to sell such devices without procuring a license therefor.

5. Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

6. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

7. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.

8. As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

Sec. 6. NRS 465.015 is hereby amended to read as follows:

465.015 As used in this chapter:

1. “Cheat” means to alter the [selection of] elements of chance, method of selection or criteria which determine:

(a) The result of a game; [or]

(b) The amount or frequency of payment in a game [.] ; or

(c) The value of a wagering instrument approved by the state gaming control board for use in connection with a cashless wagering system.

2. The words and terms defined in chapter 463 of NRS have the meanings ascribed to them in that chapter.

Sec. 7. NRS 465.080 is hereby amended to read as follows:

465.080 1. It is unlawful for any licensee, employee or other person to use counterfeit chips or other counterfeit wagering instruments in a gambling game.

2. It is unlawful for any person, in playing or using any gambling game designed to be played with, receive or be operated by chips , [or] tokens or other wagering instruments approved by the state gaming control board or by lawful coin of the United States of America:

(a) Knowingly to use other than chips , [or] tokens or other wagering instruments approved by the state gaming control board or lawful coin, legal tender of the United States of American, or to use coin not of the same denomination as the coin intended to be used in that gambling game; or

(b) To use any device or means to violate the provisions of this chapter.

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ê1993 Statutes of Nevada, Page 831 (CHAPTER 280, AB 626)ê

3. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any device intended to be used to violate the provisions of this chapter.

4. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, cashless wagering system or drop box, or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.

5. It is unlawful for any person to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, “paraphernalia for manufacturing slugs” means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips , [or] tokens or other wagering instruments approved by the state gaming control board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection 2. The term includes, but is not limited to:

(a) Lead or lead alloys:

(b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;

(d) Torches; [and]

(e) Tongs, trimming tools or other similar equipment [.] ;

(f) Equipment which can be reasonably demonstrated to manufacture facsimiles of wagering instruments approved by the state gaming control board.

6. Possession of more than one of the devices, equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.

Sec. 8. Section 15 of Senate Bill No. 242 of this session is hereby amended to read as follows:

Sec. 15. NRS 463.650 is hereby amended to read as follows:

463.650 1. Except as otherwise provided in subsections 2 [, 3 and 4,] to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device or cashless wagering system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

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ê1993 Statutes of Nevada, Page 832 (CHAPTER 280, AB 626)ê

machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

4. The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with subsection 3 of NRS 463.160 to sell such devices without procuring a license therefor.

5. Upon approval by the board, a gaming device owned by:

(a) A law enforcement agency;

(b) A court of law; or

may be disposed of by sale, in a manner approved by the board, without a distributor’s license. An application for approval must be submitted to the board in the manner prescribed by the chairman.

6. Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

[6.] 7. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

[7.] 8. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.

[8.] 9. As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

Sec. 9. This act becomes effective upon passage and approval.

________

CHAPTER 281, SB 309

Senate Bill No. 309 — Committee on Government Affairs

CHAPTER 281

AN ACT relating to economic development; allowing less populous counties to include community development and the development of the nongaming recreation and tourism industry in their economic development efforts; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 231.067 is hereby amended to read as follows:

231.067 The commission on economic development shall:

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ê1993 Statutes of Nevada, Page 833 (CHAPTER 281, SB 309)ê

1. Develop a state plan for industrial development and diversification.

2. Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism [.] , except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

3. Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.

4. Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

5. Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.

6. Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism [.] , except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

7. Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.

8. Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

9. Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

Sec. 2. This act becomes effective on July 1, 1993.

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ê1993 Statutes of Nevada, Page 834ê

CHAPTER 282, SB 311

Senate Bill No. 311 — Committee on Human Resources and Facilities

CHAPTER 282

AN ACT relating to hospitals; clarifying that a private hospital may provide for the examination of persons who are alleged to be mentally ill; eliminating the requirement that a county hospital provide a room for the detention of such persons; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 450.470 is hereby amended to read as follows:

450.470 1. If the county hospital is located at the county seat, the board of hospital trustees shall, at all times, provide a suitable room that may be used for the [detention and] examination of persons who are alleged to be mentally ill and who are to be brought before the judge of the district court for proceedings to determine the issue of involuntary court-ordered admission as provided in chapter 433A of NRS. This section does not prohibit or limit the examination of persons alleged to be mentally ill at a private hospital as provided in chapter 433A of NRS.

2. The board of trustees of such a county hospital, in cooperation with the local law enforcement agencies, may provide a suitable room that may be used for the custodial supervision of persons who are alleged to be:

(a) Mentally ill; or

(b) Dangerous to themselves or others.

________

CHAPTER 283, SB 363

Senate Bill No. 363 — Committee on Natural Resources

CHAPTER 283

AN ACT relating to the control of floods; revising the requirements for the approval by the board of directors of a district for the control of floods of certain projects, improvements and proposals relating to the control of floods; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 543.360 is hereby amended to read as follows:

543.360 The board may:

1. By the affirmative vote of two-thirds of [its members,] the members voting on the matter, acquire, construct, improve, extend, maintain and operate:

(a) Projects and improvements for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district but flow into the district. Such a project or improvement must not be acquired unless it is included in the master plan.

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ê1993 Statutes of Nevada, Page 835 (CHAPTER 283, SB 363)ê

(b) Projects which mitigate the adverse effect of the acquired projects.

(c) Projects which are required as a result of the proposed alteration or diversion of a natural watercourse identified in the master plan for the control of drainage.

[Unless unanimously approved by the board and the governing body of the local government in whose jurisdiction the project or improvement is located, a] A project or improvement must not be acquired unless it is first approved by an agreement among the board, each county in whose unincorporated area any part of the project or improvement is located and [all the cities all or part of whose territory is included in the hydrographic area which specifically identifies it, contains] each city in which any part of the project or improvement is located. The agreement must contain an estimate of [its cost, and shows] the cost of the project or improvement and show its relation to the master plan.

2. Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing them to percolate into the soil within or without the district.

3. Save and conserve in any manner all or any of such waters and protect from floods or storm waters the watercourses, watersheds, public highways, life and property in the district.

4. Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.

5. Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.

Sec. 2. NRS 543.597 is hereby amended to read as follows:

543.597 1. The district’s chief engineer or any governmental entity may propose to:

(a) Change the size, type or alignment of a facility on the district’s master plan; or

(b) Amend the district’s master plan. A proposed amendment must be submitted to the district.

2. Upon receipt of a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of [its members,] the members voting on the proposed change, the board may adopt any proposed change which:

(a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

(b) Is hydraulically similar to a proposed facility included in the master plan;

(d) Does not adversely affect the continued implementation of the master plan.

3. Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposed amendment is determined to be generally consistent with those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment.

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ê1993 Statutes of Nevada, Page 836 (CHAPTER 283, SB 363)ê

hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two- thirds of the members of the board.

4. The board shall file a copy of any amendment or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment or change.

5. Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

6. If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.

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CHAPTER 284, SB 441

Senate Bill No. 441 — Committee on Commerce and Labor

CHAPTER 284

AN ACT relating to public utilities; declaring the policy of the legislature concerning the regulation of public utilities; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:

1. To confer upon the commission the power, and to make it the duty of the commission, to regulate public utilities;

2. To provide for fair and impartial regulation of public utilities;

3. To provide for the safe, economic, efficient, prudent and reliable operation and service of public utilities; and

4. To balance the interests of customers and shareholders of public utilities by providing public utilities with the opportunity to earn a fair return on their investments while providing customers with just and reasonable rates.

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ê1993 Statutes of Nevada, Page 837ê

CHAPTER 285, SB 442

Senate Bill No. 442 — Committee on Natural Resources

CHAPTER 285

AN ACT relating to hazardous substances; clarifying that the transportation of certain hazardous substances, not the substances themselves, is exempt from certain provisions; and providing other matters properly relating thereto.

[Approved June 24, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 459.3814 is hereby amended to read as follows:

459.3814 The provisions of NRS 459.380 to 459.3874, inclusive, do not apply to:

1. [Any] The transportation of any hazardous substances [transported] within or through this state which [are] is regulated by the state or the United States Department of Transportation.

2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.

3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. §§ 7401 et seq.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 286, AB 122

Assembly Bill No. 122 — Committee on Natural Resources, Agriculture and Mining

CHAPTER 286

AN ACT relating to hazardous material; expanding the costs for which money may be expended and recovered regarding the response to an accident involving hazardous material; providing for notification of the legislature when certain of those costs cannot be recovered; and providing other matters properly relating thereto.

[Approved June 25, 1993]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the account for the management of hazardous waste may be expended to pay the costs of:

(a) Responding to the leak, spill or accident;

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ê1993 Statutes of Nevada, Page 838 (CHAPTER 286, AB 122)ê

(b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill or accident;

(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of the leak, spill or accident;

(d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

(e) Services rendered in responding to the leak, spill or accident, by consultants certified pursuant to regulations adopted by the commission.

2. Except as otherwise provided in this subsection, the director shall demand reimbursement of the account for money expended pursuant to subsection 1 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

3. At the request of the director, the attorney general shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.

4. As used in this section:

(a) “Does not act promptly and appropriately” means that the person:

(1) Cannot be notified of the incident within 2 hours after the initial attempt to contact him;

(2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

(3) Does not act upon the commitment within 24 hours after making it;

(4) Does not clean and decontaminate the affected area properly; or

(5) Does not act immediately to clean and decontaminate the affected area properly, if his inaction presents an imminent and substantial hazard to human health, public safety or the environment.

(b) “Responding” means any effort to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

(1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.

(2) Clean and decontaminate the area affected by the leak, spill or accident.

(3) Investigate the occurrence of the leak, spill or accident.

Sec. 3. As used in NRS 459.750 to 459.770, inclusive:

1. “Does not act promptly and appropriately” means that the person:

(a) Cannot be notified of the incident within 2 hours after the initial attempt to contact him;

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ê1993 Statutes of Nevada, Page 839 (CHAPTER 286, AB 122)ê

(b) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

(d) Does not clean and decontaminate the affected area properly; or

(e) Does not act immediately to clean and decontaminate the affected area properly, if his inaction presents an imminent and substantial hazard to human health, public safety or the environment.

2. “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a spill of or accident involving hazardous material, including, without limitation, efforts to:

(a) Contain and dispose of the hazardous material.

(b) Clean and decontaminate the area affected by the spill or accident.

Sec. 4. NRS 459.530 is hereby amended to read as follows:

459.530 1. All proceeds from agreements entered into pursuant to NRS 459.505, all reimbursements and penalties recovered pursuant to [NRS 459.535,] section 2 of this act, and all fees collected, all civil penalties imposed and all interest accrued pursuant to NRS 459.400 to 459.600, inclusive, and section 2 of this act, must be deposited with the state treasurer for credit to the account for the management of hazardous waste, which is hereby created in the state general fund. The money in the account must be paid as other claims against the state are paid.

2. The state treasurer shall account separately for each of the fees collected pursuant to NRS 459.512.

Sec. 5. NRS 459.535 is hereby amended to read as follows:

459.535 1. Except as otherwise provided in [subsections 2 and 3,] section 2 of this act and subsection 2 of this section, the money in the account for the management of hazardous waste may be expended only to pay the costs of:

(a) The continuing observation or other management of hazardous waste;

(b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance;

(c) Training persons to respond to accidents or other emergencies related to hazardous materials, including any basic training by the state fire marshal which is necessary to prepare personnel for advanced training related to hazardous materials;

(d) Establishing and maintaining a program by the public service commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the state; and

(e) Financial incentives and grants made in furtherance of the program developed pursuant to paragraph (c) of subsection 2 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.

2. Money in the account for the management of hazardous waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive.

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ê1993 Statutes of Nevada, Page 840 (CHAPTER 286, AB 122)ê

[3. If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the account may be expended to pay the costs of:

(a) Responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

(b) Coordinating the efforts of state, local and federal agencies responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

(d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

(e) Services rendered in response to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, by consultants certified pursuant to regulations adopted by the commission.

4. The director shall demand reimbursement of the account for money expended pursuant to subsection 3 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.

5. 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. 6. NRS 459.575 is hereby amended to read as follows:

459.575 In carrying out the provisions of NRS 459.400 to 459.560, inclusive, and section 2 of this act, the commission, the department and the attorney general may by subpena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

Sec. 7. NRS 459.700 is hereby amended to read as follows:

459.700 As used in NRS 459.700 to 459.780, inclusive, section 1 of Assembly Bill No. 126 of this session , [and] section 1 of [this act,] Assembly Bill No. 117 of this session and section 3 of this act, unless the context otherwise requires:

1. “Commission” means the state emergency response commission.

2. “Department” means the department of motor vehicles and public safety.

3. “Director” means the director of the department of motor vehicles and public safety.

4. “Division” means the Nevada highway patrol division of the department of motor vehicles and public safety.

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ê1993 Statutes of Nevada, Page 841 (CHAPTER 286, AB 122)ê

5. “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.

6. “Hazardous material” means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:

(a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and

(b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:

(1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

(2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,

including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

7. “Person” includes any agency or political subdivision of this state.

Sec. 8. NRS 459.760 is hereby amended to read as follows:

459.760 1. [Any] Except as otherwise provided in this subsection, any state agency accruing expenses [for the cleaning and decontamination of the area affected by] in responding to a spill of or an accident involving hazardous material may present an itemized accounting of those expenses with a demand for reimbursement of those expenses to the person responsible for the hazardous material. Payment of the reimbursement must be made within 60 days after the person receives notice from the agency of the amount due. The [agency shall impose an administrative penalty of 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.] provisions of this section do not apply to a spill of or an accident involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

2. If the state agency cannot recover the full amount of reimbursement from the person responsible, it may report to the commission its need for additional funding. The commission shall notify the senate standing committee on finance and the assembly standing committee on ways and means during a regular or special session of the legislature, or the interim finance committee if the legislature is not in session, of the state agency’s need for additional funding.

3. At the request of the state agency, and at any time after the payment for reimbursement is due, the attorney general shall initiate recovery by legal action of the amount of any unpaid reimbursement [and penalty.] plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.

Sec. 9. NRS 459.770 is hereby amended to read as follows:

459.770 Any county or city in this state may adopt an ordinance authorizing its legal representative to initiate recovery by legal action from the person responsible for any hazardous material involved in a spill or accident of the amount of any costs incurred by the county or city [for the cleaning and decontamination of an area affected by the] in responding to the spill of or accident involving hazardous material.

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ê1993 Statutes of Nevada, Page 842 (CHAPTER 286, AB 122)ê

Sec. 10. Section 2 of Assembly Bill No. 117 of this session is hereby amended to read as follows:

Sec. 2. NRS 459.700 is hereby amended to read as follows:

459.700 As used in NRS 459.700 to 459.780, inclusive, [and] section 1 of [this act,] Assembly Bill No. 126 of this session and section 1 of this act, unless the context otherwise requires: