[Rev. 2/11/2019 12:43:22 PM]
κ1997 Statutes of Nevada, Page 1319 (CHAPTER 374, AB 188)κ
(b) Aid, assist and cooperate with the Nevada commissioner for veteran affairs and the Nevada deputy commissioner for veteran affairs and with the Nevada veterans advisory commission;
(c) Disseminate information relating to veterans benefits in cooperation with the Nevada commissioner for veteran affairs and the Nevada deputy commissioner for veteran affairs; and
(d) Perform such other services related to assisting a veteran, his spouse or his dependent as requested by the board of county commissioners.
3. Two or more counties jointly may create one office of coordinator of services for veterans to serve those counties.
Sec. 3. 1. Except as otherwise provided in this section, the office of coordinator of services for veterans must be supported from money in the county general fund and from any gifts or grants received by the county for the support of the office.
2. The board of county commissioners of a county that creates the office of coordinator of services for veterans is authorized to accept funds from the Nevada commissioner for veteran affairs pursuant to subsection 8 of NRS 417.090 for the support of the office.
3. The board of county commissioners of a county that creates the office of coordinator of services for veterans may enter into an agreement with the health division of the department of human resources for the purpose of obtaining federal matching funds to contribute to the salaries and expenses of the office of coordinator of services for veterans for its activities which are reasonably related to the programs of the health division of the department of human resources and which benefit or result in cost avoidance for the health division.
4. The board of county commissioners of a county that creates the office of coordinator of services for veterans shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature describing the efficiency and effectiveness of the office. The report must include, without limitation, the number, total value and average value of the benefits received by the office on behalf of veterans, their spouses and their dependents.
Sec. 4. NRS 417.090 is hereby amended to read as follows:
417.090 The commissioner and the deputy commissioner shall:
1. Assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their wives, widows, widowers, husbands, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation, and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states.
κ1997 Statutes of Nevada, Page 1320 (CHAPTER 374, AB 188)κ
2. Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans and servicemen and women.
3. Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran or serviceman or woman, or their dependents, or any group of veterans or servicemen and women, when in their opinion such comes within the scope of this chapter.
4. Coordinate activities of veterans organizations.
5. Serve as a clearinghouse and disseminate information relating to veterans benefits.
6. Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.
7. Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to section 2 of this act.
8. Pay to each county that creates the office of coordinator of services for veterans, from state money available to him, a portion of the cost of operating the office in an amount determined by the commissioner.
Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 6. This act becomes effective on July 1, 1997.
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κ1997 Statutes of Nevada, Page 1321κ
Assembly Bill No. 150Assemblymen Bache, Goldwater, Giunchigliani, de Braga, Amodei, Segerblom, Lee, Buckley, Freeman, Ernaut, Neighbors, Parks, Perkins, Williams, Herrera, Collins, Mortenson, Close, Manendo, Braunlin, Koivisto, Anderson, Krenzer, Arberry, Ohrenschall, Hickey, Lambert, Humke, Evans, Price, Sandoval, Hettrick, Carpenter, Chowning, Tiffany, Berman and Dini
CHAPTER 375
AN ACT relating to government; authorizing state and local governments to contract for the acceptance of credit cards or debit cards for certain payments and for the placement of automated tellers at locations where payments are received; authorizing state and local governments to impose fees for providing expedited services; and providing other matters properly relating thereto.
[Approved July 8, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 3 to 6, inclusive, of this act, state agency means an agency, bureau, board, commission, department, division or any other unit of the executive department of the state government.
Sec. 3. 1. Upon approval of the state board of finance, a state agency may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the agency:
(a) For the payment of money owed to the agency for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the state treasurer for his review and transmittal to the state board of finance.
3. If the issuer charges the state agency a fee for each use of a credit card or debit card, a contract entered into pursuant to subsection 1 must include a provision that requires the state agency to pay the fee charged by the issuer for the use of the credit card or debit card.
4. Except as otherwise provided in subsection 5, the payment of fees charged by the issuer for each use of a credit card or debit card must be treated in the same manner as any other administrative cost of the agency.
5. A state agency that is required to pay a fee charged by the issuer for the use of a credit card or debit card may, pursuant to section 6 of this act, file a claim with the director of the department of administration for reimbursement of the fees paid to the issuer during the immediately preceding quarter.
6. As used in this section:
(a) Cardholder means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
κ1997 Statutes of Nevada, Page 1322 (CHAPTER 375, AB 150)κ
(b) Credit card means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) Debit card means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) Issuer means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
Sec. 4. 1. Upon approval of the state board of finance, a state agency may enter into contracts with financial institutions or other business organizations for the placement of automated tellers at locations where the agency receives payment of money.
2. Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the state treasurer for his review and transmittal to the state board of finance.
3. As used in this section, automated teller means an electronic device that dispenses cash in connection with an account maintained in a financial institution or with another business.
Sec. 5. 1. Except as otherwise provided in this subsection and by specific statute, a state agency may charge, in addition to the fee otherwise imposed for a service provided by the agency, a reasonable fee for providing the service in an expedited manner or in a manner that is expeditious or convenient to the customer. A state agency shall not charge a fee pursuant to this subsection if it is otherwise authorized to charge a fee for providing special services.
2. The fee authorized pursuant to subsection 1 must not exceed 5 percent of the fee otherwise imposed.
3. All fees collected by a state agency pursuant to this section must be deposited with the state treasurer for credit to the account for expedited services, which is hereby created in the state general fund. Any amount remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year.
Sec. 6. 1. A state agency that has, during the immediately preceding quarter, provided services in an expedited manner or in a manner that is expeditious or convenient to a customer may file a claim with the director of the department of administration for reimbursement of the costs to the agency for providing those services.
2. Upon receipt of a claim pursuant to subsection 1, the director of the department of administration shall make a recommendation to the interim finance committee to approve the claim in whole or in part or to deny the claim. If the interim finance committee approves the claim in whole or part, it must be paid from the account for expedited services created by section 5 of this act.
3. The amount of a claim submitted pursuant to this section must not exceed the total amount of the fees deposited by the agency with the state treasurer pursuant to section 4 of this act during the immediately preceding quarter.
κ1997 Statutes of Nevada, Page 1323 (CHAPTER 375, AB 150)κ
Sec. 7. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 8, 9 and 10 of this act.
Sec. 8. 1. A local government may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the local government:
(a) For the payment of money owed to the local government for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. If the issuer charges the local government a fee for each use of a credit card or debit card, a contract entered into pursuant to subsection 1 must include a provision that requires the local government to pay the fee charged by the issuer for the use of the credit card or debit card.
3. The payment of fees charged by the issuer for each use of a credit card or debit card must be treated in the same manner as any other administrative cost of the local government.
4. As used in this section:
(a) Cardholder means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) Credit card means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) Debit card means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) Issuer means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
(e) Local government has the meaning ascribed to it in NRS 354.474.
Sec. 9. 1. A local government may enter into contracts with financial institutions or other business organizations for the placement of automated tellers at locations where the local government receives payments of money.
2. As used in this section:
(a) Automated teller means an electronic device that dispenses cash in connection with an account maintained in a financial institution or with another business.
(b) Local government has the meaning ascribed to it in NRS 354.474.
Sec. 10. 1. Except as otherwise provided by specific statute, a local government may charge, in addition to the fee otherwise imposed for a service provided by the local government, a reasonable fee for providing the service in an expedited manner or in a manner that is expeditious or convenient to the customer.
2. The fee authorized pursuant to subsection 1 must not exceed 5 percent of the fee otherwise imposed.
3. As used in this section, local government has the meaning ascribed to it in NRS 354.474.
Sec. 11. This act becomes effective on July 1, 1997.
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κ1997 Statutes of Nevada, Page 1324κ
Senate Bill No. 36Committee on Finance
CHAPTER 376
AN ACT relating to retirement; requiring the public employees retirement system to study the feasibility of funding a plan for certain judicial pensions on an actuarial reserve basis and transferring responsibility for administration of the plan to the public employees retirement board; authorizing an expenditure to carry out the study; and providing other matters properly relating thereto.
[Approved July 8, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The public employees retirement system shall:
1. Conduct a study of the pension plan for justices of the supreme court and judges of the district courts to determine the feasibility of funding the plan on an actuarial reserve basis in accordance with the current design and features of the plan. The study must:
(a) Include:
(1) An actuarial valuation;
(2) An analysis of funding and cash flow;
(3) A review of governmental compliance; and
(4) A review of issues relating to prior service and transfer of service;
(b) Examine the feasibility of transferring responsibility for the administration of the plan to the public employees retirement board; and
(c) If justices of the peace or judges of the municipal courts are included in the plan, include an additional similar analysis relating to that inclusion.
2. On or before December 1, 1998, deliver a report of its findings and any recommended legislation to the interim retirement committee of the legislature.
Sec. 2. The public employees retirement system may expend not more than $22,000 from the public employees retirement fund to carry out the provisions of section 1 of this act.
Sec. 3. This act becomes effective upon passage and approval.
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κ1997 Statutes of Nevada, Page 1325κ
Senate Bill No. 145Senator Neal
CHAPTER 377
AN ACT relating to convicted persons; requiring a sheriff or a chief of police with whom a convicted person has registered to forward information concerning such registration to the central repository of Nevada records of criminal history in the manner prescribed by the director of the department of motor vehicles and public safety; revising the provisions concerning registration for subsequent offenses; making various other changes to the provisions governing the registration of convicted persons; and providing other matters properly relating thereto.
[Approved July 8, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
Upon registering a convicted person pursuant to the provisions set forth in NRS 207.080 to 207.150, inclusive, a sheriff or a chief of police shall forward all information concerning such registration to the central repository for Nevada records of criminal history in the manner prescribed by the director of the department of motor vehicles and public safety.
Sec. 2. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, and section 1 of this act, a convicted person is:
(a) [Any] A person convicted in the State of Nevada of an offense that is punishable as a felony or convicted in any place other than the State of Nevada of a felony . [or any other offense which is punishable by imprisonment for 1 year or more.
(b) Any]
(b) A person convicted in the State of Nevada, or elsewhere, of the violation of [any] a law, regardless of whether [or not] the violation is punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of [any] a habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act ; [.]
(2) Regulating or prohibiting the carrying, possession or ownership of [any] a concealed weapon, [or] deadly weapon [, or any] or weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of [any] a device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm [.] ; or
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, [which] that may be used to disable temporarily or permanently [any] a human being.
(c) [Any person convicted of a crime in the State of Nevada pursuant to the provisions of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230, inclusive, 202.2493, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense which, if committed in this state, would have been punishable under one or more of those sections.
κ1997 Statutes of Nevada, Page 1326 (CHAPTER 377, SB 145)κ
inclusive, 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense which, if committed in this state, would have been punishable under one or more of those sections.
(d) Any] A person convicted in the State of Nevada , or elsewhere , of [any] an attempt or a conspiracy to commit [any] an offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. [Any] A person, except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 3. NRS 207.090 is hereby amended to read as follows:
207.090 1. It is unlawful for [any] a convicted person to be or remain in the State of Nevada for a period of more than 48 hours without, during such 48-hour period, registering with the sheriff of [any] a county or the chief of police of [any] a city in the manner prescribed in this section.
2. [Any] A convicted person who does not reside in the State of Nevada but who has a temporary or permanent place of abode outside the State of Nevada, and who comes into the state on five occasions or more during any 30-day period, is subject to the provisions of NRS 207.080 to 207.150, inclusive.
3. [Any] A person who has [once] registered as a convicted person [,] with the sheriff of [any] a county or the chief of police of [any city, is not required to register again, except as provided in NRS 207.100; but any person convicted of any of the crimes enumerated in paragraph (c) of subsection 1 of NRS 207.080] a city shall register again as provided in this section [, regardless of whether he has previously so registered as a convicted person by reason of his conviction of some crime other than those enumerated in paragraph (c) of subsection 1 of NRS 207.080.
4. Every] if he subsequently commits another offense described or referred to in NRS 207.080 to 207.150, inclusive.
4. A person required by this section to register shall do so by filing with the sheriff or chief of police a statement in writing, [signed by such person,] upon a form prescribed and furnished by the sheriff or chief of police, [giving] which is signed by the person and which provides the following information:
(a) His true name and [all aliases which] each alias that he has used or under which he may have been known ; [.]
(b) A full and complete description of his person ; [.]
(c) The kind, character and nature of each crime of which he has been convicted ; [.]
(d) The place [where each of such crimes was committed and the place or places of conviction.] in which he was convicted of each crime;
(e) The name under which he was convicted in each instance and the date thereof ; [.]
(f) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced ; [.]
(g) The location and address of his residence, stopping place, living quarters or place of abode, and if more than one residence, stopping place or place of abode, that fact must be stated and the location and address of each given [.
κ1997 Statutes of Nevada, Page 1327 (CHAPTER 377, SB 145)κ
or place of abode, that fact must be stated and the location and address of each given [.
(h) A statement of the] ;
(h) The kind of residence, stopping place, or place of abode in which he resides, [whether it is temporary or permanent; that is,] including whether it is a private residence, hotel, apartment house or other building or structure ; [.]
(i) The length of time he has occupied each [such] place of residence, stopping place or place of abode , [;] and the length of time he expects or intends to remain in the State of Nevada [.
(j) Such other and] ; and
(j) Any further information [as] that may be required by the sheriff or chief of police for the purpose of aiding and assisting in carrying into effect the provisions and intent of NRS 207.080 to 207.150, inclusive.
5. When so ordered in the individual case by the district court in which the conviction was obtained, by the state board of parole commissioners or by the state board of pardons commissioners, whichever is appropriate, the provisions of this section do not apply to a convicted person who has had his civil rights restored.
Sec. 4. NRS 207.100 is hereby amended to read as follows:
207.100 [Any] A convicted person, except a nonresident, who is required to register under the provisions of NRS 207.080 to 207.150, inclusive, who changes his place of residence, stopping place or place of abode, shall, within 48 hours after [such] the change, and [any] a nonresident mentioned in subsection 2 of NRS 207.090 who has registered and changes his place of residence, stopping place or place of abode, shall, upon his next entry into the state after [such] the change, notify the sheriff or chief of police of [such fact] the change and furnish to [such] the sheriff or chief of police the address of his new residence, stopping place or place of abode [in the same manner and with the same detailed information as is required in the filing of the original statement under the provisions of NRS 207.090.] by filing with the sheriff or chief of police a written statement, upon a form prescribed and furnished by the sheriff or chief of police, which is signed by the person and which provides the following information:
1. His true name and each alias that he has used or under which he may have been known;
2. The kind, character and nature of each crime of which he has been convicted;
3. The place in which he was convicted of each crime;
4. The name under which he was convicted in each instance and the date thereof; and
5. The location and address of his residence, stopping place, living quarters or place of abode, and, if there is more than one, the location and address of each residence, stopping place, living quarters or place of abode.
Sec. 5. NRS 179A.070 is hereby amended to read as follows:
179A.070 1. Record of criminal history means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of arrests, detention, indictments, informations or other formal criminal charges and dispositions of charges, including dismissals, acquittals, convictions, sentences, correctional supervision occurring in Nevada, [and] information concerning the status of an offender on parole or probation [.]
κ1997 Statutes of Nevada, Page 1328 (CHAPTER 377, SB 145)κ
informations or other formal criminal charges and dispositions of charges, including dismissals, acquittals, convictions, sentences, correctional supervision occurring in Nevada, [and] information concerning the status of an offender on parole or probation [.] , and information concerning a convicted person who has registered as such pursuant to NRS 207.080 to 207.150, inclusive. The term includes only information contained in memoranda of formal transactions between a person and an agency of criminal justice in this state. The term is intended to be equivalent to the phrase criminal history record information as used in federal regulations.
2. Record of criminal history does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws.
(b) Information concerning juveniles.
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension.
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed in any other way.
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including permits to work in the gaming industry.
(f) Court indices and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings.
(g) Records of traffic violations constituting misdemeanors.
(h) Records of traffic offenses maintained by the department to regulate the issuance, suspension, revocation or renewal of drivers or other operators licenses.
(i) Announcements of actions by the state board of pardons commissioners and the state board of parole commissioners, except information concerning the status of an offender on parole or probation.
(j) Records which originated in an agency other than an agency of criminal justice in this state.
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κ1997 Statutes of Nevada, Page 1329κ
Senate Bill No. 155Senators James, OConnell, Neal, Adler, Augustine, Coffin, Jacobsen, Mathews, McGinness, ODonnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener
CHAPTER 378
AN ACT relating to domestic violence; establishing a program to assist a victim of domestic violence in establishing and maintaining a confidential residential address; providing a penalty for knowingly giving false or incorrect information in an application for the program; requiring the secretary of state to establish procedures that allow a participant in the program to register to vote and to vote without revealing the participants confidential address; making an appropriation; and providing other matters properly relating thereto.
[Approved July 8, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. An adult person, a parent or guardian acting on behalf of a child, or a guardian acting on behalf of an incompetent person may apply to the secretary of state to have a fictitious address designated by the secretary of state serve as the address of the adult, child or incompetent person.
2. An application for the issuance of a fictitious address must include:
(a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence before the filing of the application;
(b) The address that is requested to be kept confidential;
(c) A telephone number at which the secretary of state may contact the applicant;
(d) A question asking whether the person wishes to:
(1) Register to vote; or
(2) Change the address of his current registration;
(e) A designation of the secretary of state as agent for the adult, child or incompetent person for the purposes of:
(1) Service of process; and
(2) Receipt of mail;
(f) The signature of the applicant;
(g) The date on which the applicant signed the application; and
(h) Any other information required by the secretary of state.
3. It is unlawful for a person knowingly to attest falsely or provide incorrect information in the application. A person who violates this subsection is guilty of a misdemeanor.
4. The secretary of state shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence before the filing of the application.
κ1997 Statutes of Nevada, Page 1330 (CHAPTER 378, SB 155)κ
5. The secretary of state shall approve or disapprove an application for a fictitious address within 5 business days after the application is filed.
Sec. 3. 1. If the secretary of state approves an application, he shall:
(a) Designate a fictitious address for the participant; and
(b) Forward mail that he receives for a participant to the participant.
2. The secretary of state shall not make the confidential address of a participant available for inspection or copying, unless:
(a) The address is requested by a law enforcement agency, in which case the secretary of state shall make the address available to the law enforcement agency; or
(b) He is directed to do so by lawful order of a court of competent jurisdiction, in which case the secretary of state shall make the address available to the person identified in the order.
Sec. 4. If a participant indicates to the secretary of state that the participant wishes to register to vote or change the address of his current registration, the secretary of state shall furnish the participant with the form developed by the secretary of state pursuant to the provisions of section 8 of this act.
Sec. 5. 1. Except as otherwise provided in subsections 2 and 3, the secretary of state shall cancel the fictitious address of a participant 4 years after the date on which the secretary of state approved the application.
2. The secretary of state shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is canceled, the participant shows to the satisfaction of the secretary of state that the participant remains in imminent danger of becoming a victim of domestic violence.
3. The secretary of state may cancel the fictitious address of a participant at any time if:
(a) The participant changes his confidential address from the one listed in the application and fails to notify the secretary of state within 48 hours after the change of address; or
(b) The secretary of state determines that false or incorrect information was knowingly provided in the application.
Sec. 6. The secretary of state shall adopt procedures to carry out the provisions of sections 2 to 6, inclusive, of this act.
Sec. 7. NRS 217.400 is hereby amended to read as follows:
217.400 As used in NRS 217.400 to 217.460, inclusive [:] , and sections 2 to 6, inclusive, of this act, unless the context otherwise requires:
1. Division means the division of child and family services of the department of human resources.
2. Domestic violence means:
(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:
(1) A battery.
κ1997 Statutes of Nevada, Page 1331 (CHAPTER 378, SB 155)κ
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
3. Family or household member means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
4. Participant means an adult, child or incompetent person for whom a fictitious address has been issued pursuant to sections 2 to 6, inclusive, of this act.
5. Victim of domestic violence includes the dependent children of the victim.
Sec. 8. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The secretary of state shall establish procedures to allow a person for whom a fictitious address has been issued pursuant to sections 2 to 6, inclusive, of this act, to:
(a) Register to vote; and
(b) Vote by absent ballot,
without revealing the confidential address of the person.
2. In addition to establishing appropriate procedures or developing forms pursuant to subsection 1, the secretary of state shall develop a form to allow a person for whom a fictitious address has been issued to register to vote or to change the address of his current registration. The form must include:
(a) A section that contains the confidential address of the person; and
(b) A section that contains the fictitious address of the person.
3. Upon receiving a completed form from a person for whom a fictitious address has been issued, the secretary of state shall:
(a) On the portion of the form that contains the fictitious address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk; and
(b) File the portion of the form that contains the confidential address.
κ1997 Statutes of Nevada, Page 1332 (CHAPTER 378, SB 155)κ
4. Notwithstanding any other provision of law, any request received by the secretary of state pursuant to subsection 3 shall be deemed a request for a permanent absent ballot.
5. Notwithstanding any other provision of law, the secretary of state and each county clerk:
(a) Shall keep the portion of the form developed pursuant to subsection 2 that he retains separate from other applications for registration; and
(b) Shall not make the name, confidential address or fictitious address of the person who has been issued a fictitious address available for:
(1) Inspection or copying; or
(2) Inclusion in any list that is made available for public inspection,
unless he is directed to do so by lawful order of a court of competent jurisdiction.
Sec. 9. 1. There is hereby appropriated from the state general fund to the office of the secretary of state for carrying out the provisions of sections 2 to 6, inclusive, of this act:
For the fiscal year 1997-1998...................................................................... $22,393
For the fiscal year 1998-1999...................................................................... $20,939
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 10. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
Senate Bill No. 414Committee on Natural Resources
CHAPTER 379
AN ACT relating to water; revising the provisions for planning and remediation in certain counties; and providing other matters properly relating thereto.
[Approved July 8, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 540A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. Before determining the boundaries of a district for remediation, the board shall hold a hearing. It shall cause notice of the hearing to be published at least once not less than 15 days before the hearing in a display advertisement at least 3 by 5 inches in size in a newspaper of general circulation in the county. The notice must contain a description of the boundaries of the district by assessors parcel number, or by metes and bounds or other legal description, or state that a description of the boundaries of the district is on file at the office of the county clerk for public examination.
κ1997 Statutes of Nevada, Page 1333 (CHAPTER 379, SB 414)κ
2. After the hearing, the board shall make such adjustments to the proposed boundaries of the district as appear to the board to be necessary, but the boundaries may not be expanded to include any property not included in the proposed boundaries of the district described in the notice of hearing or filed with the county clerk unless another hearing is held, after notice given by publication in the manner provided in subsection 1. After the hearing and any adjustment to the boundaries of the district required by this section, the board shall designate the boundaries of the district by ordinance, which may not be adopted as if an emergency existed.
3. The board may from time to time amend the boundaries of the district. Any such amendment must be made by ordinance adopted after a hearing held in the manner provided in subsection 1. Notice of that hearing must be given by publication in the manner provided in subsection 1. The board may not amend the boundaries of the district to exclude any property if bonds have been issued or other financial obligations incurred for the district until those bonds or other financial obligations have been paid in full.
4. The territory of the district established pursuant to subsection 2 and, if applicable, expanded pursuant to subsection 3 need not be contiguous.
Sec. 3. 1. The board, by ordinance, which may not be adopted as if an emergency existed, may determine and from time to time redetermine the amount of an annual fee, to recover the costs of developing and carrying out the plan for remediation, to be imposed on the properties in the district for remediation. In making the determination, the board may apportion the fee on the basis of improved square footage, zoning, current or previous land use, area or any other factor determined relevant and equitable by the board. If the condition requiring remediation affects the quality or quantity of drinking water within the region, the fee must:
(a) Be based upon a percentage of the total amount billed in the preceding calendar year to each parcel or property within the district for water by the provider of retail water service to the parcel or property;
(b) Be weighted and adjusted between parcels or properties within the district, if applicable, to reflect varying levels of effect of the contamination, varying levels of value resulting from remediation or other factors deemed relevant by the board;
(c) For any parcel or property for which the fee is weighted or adjusted, not be less than one-half or more than twice the percentage established pursuant to paragraph (a); and
(d) For parcels or properties within the district where retail water service is not provided or for which a full calendar years billing is unavailable, be based upon an estimated billing taking into account a partial years billing extended to 12 months or an average of fees for parcels or properties with comparable zoning or uses.
2. A fee imposed pursuant to subsection 1 must be collected by the county treasurer with the general taxes of the county, and the payment therefor must be enforced in the same manner and with same remedies as are provided for the collection of general taxes.
3. If so requested by the county, all persons who sell water at wholesale or retail within the district shall furnish to the county, within 3 months after a request or at a later time specified by the board, a list identifying by assessors parcel number each property for use on which water was sold and the amount billed with respect to each parcel for water during the year designated by the board.
κ1997 Statutes of Nevada, Page 1334 (CHAPTER 379, SB 414)κ
a request or at a later time specified by the board, a list identifying by assessors parcel number each property for use on which water was sold and the amount billed with respect to each parcel for water during the year designated by the board. No charge may be made to the county for furnishing the list.
4. In lieu of the fee authorized by subsection 1, the board may constitute the district for remediation as a special taxing district and impose a general ad valorem tax on all taxable property in the district at a rate sufficient to pay the costs of developing and carrying out the plan for remediation. The board is the governing body of any special taxing district established pursuant to this subsection. The budget of any such special taxing district must be included as part of the budget of the county and its meetings must be held as part of the meetings of the board. Any tax imposed pursuant to this subsection is exempt from the limitations on taxes ad valorem stated in chapter 354 of NRS. No portion of any tax imposed pursuant to this subsection may be allocated to any redevelopment area or tax increment area whose boundaries overlap in whole or in part the district for remediation.
Sec. 4. 1. The board may issue bonds and otherwise borrow money in anticipation of the fees or taxes, or any combination thereof, collected pursuant to section 3 of this act to pay the costs of developing and carrying out the plan for remediation, including any of the costs mentioned in subsection 3 of NRS 540A.260.
2. The board may issue those bonds as, or may borrow money evidenced by, special obligations of the county secured solely by those fees or taxes, or any combination thereof, or general obligations of the county, whose payment is additionally secured by those fees or taxes, or any combination thereof.
3. The taxes or fees that are pledged as additional security for those general obligations are pledged revenues for the purposes of subsection 3 of NRS 350.020.
Sec. 5. 1. Chapters 332 and 338 of NRS do not apply to a contract made by a person to accomplish the purposes of NRS 540A.250 to 540A.280, inclusive, and sections 2 to 6, inclusive, of this act or to a contract made by the county to carry out the plan for remediation with any provider of water service to the district for remediation.
2. The county need not own the property on which any remediation equipment or improvements are located or used, or acquire ownership of any remediation equipment or improvements whose cost is paid from money of the county, including proceeds of bonds issued pursuant to section 4 of this act, if the board determines there are adequate contractual safeguards to ensure that the equipment or improvements are used to further the plan for remediation.
Sec. 6. 1. A determination by the board pursuant to NRS 540A.250 to 540A.280, inclusive, and sections 2 to 6, inclusive, of this act, including a determination of the boundaries of a district for remediation or any expansion thereof, determination of the costs of developing or carrying out a plan for remediation, determination of the apportionment of the fee to recover those costs pursuant to section 3 of this act, determination of the amount of any fee or tax pursuant to section 3 of this act, determination as to guidelines for the provision of any reimbursement of the cost of remediation pursuant to NRS 540A.270, determination of the amount of any reimbursements and any determinations made in connection with the issuance of bonds pursuant to section 4 of this act, is conclusive and incontestable in the absence of fraud or gross abuse of discretion.
κ1997 Statutes of Nevada, Page 1335 (CHAPTER 379, SB 414)κ
amount of any fee or tax pursuant to section 3 of this act, determination as to guidelines for the provision of any reimbursement of the cost of remediation pursuant to NRS 540A.270, determination of the amount of any reimbursements and any determinations made in connection with the issuance of bonds pursuant to section 4 of this act, is conclusive and incontestable in the absence of fraud or gross abuse of discretion.
2. A property owner or other person who is aggrieved by a determination of the board pursuant to NRS 540A.250 to 540A.280, inclusive, and sections 2 to 6, inclusive, of this act may seek review of the determination in the district court in and for the county within 15 days after the board makes the determination. Such a review may not be sought after the expiration of that period. If, in such an appeal, the court finds that the determination was a result of fraud or gross abuse of discretion, it shall remand the matter to the board for a new determination. If the court does not find the determination was a result of fraud or gross abuse of discretion, it shall uphold the action of the board.
Sec. 7. NRS 540A.070 is hereby amended to read as follows:
540A.070 1. To fund the planning and administration required by this chapter [,] and the implementation of the plan developed pursuant to NRS 540A.130, the board may impose a fee at a rate of not to exceed 1.5 percent of the amount otherwise billed, to be collected by each supplier of water from its customers within the region. The fee must be imposed by ordinance [adopted in a manner other than is provided for in a case of emergency.] which may not be adopted as if an emergency existed.
2. A supplier or provider shall state separately on its billings to customers the amount charged because of any fee imposed pursuant to subsection 1.
Sec. 8. NRS 540A.150 is hereby amended to read as follows:
540A.150 1. The plan must be consistent with and carry out the provisions of the comprehensive regional plan adopted by the governing board for regional planning pursuant to NRS 278.0276 and the comprehensive plans, area plans and master plans for the use of land which are adopted by local governmental entities within the region.
2. The plan must be consistent with and carry out or support the carrying out of all aspects of Public Law 101-618, 104 Stat. 3324.
3. The plan or an amendment must be consistent with the state water plan in effect at the time that the plan is adopted.
Sec. 9. NRS 540A.250 is hereby amended to read as follows:
540A.250 1. The board [of county commissioners] shall create a district for remediation of the quality of water if the county or district health officer or the administrator of the division [of environmental protection of the state department of conservation and natural resources] certifies in writing to the board that a condition exists in an area of the region which is affecting or will affect the quality of water that is available for municipal, industrial or domestic use within the region.
2. Upon receipt of the certificate, the board shall proceed, in cooperation with the health officer and the division, to verify the existence and extent of the condition and establish the appropriate boundaries of the district. Money expended by the board for this purpose may be recovered, after the district is established, [pursuant to a plan of assessment for the district.]
κ1997 Statutes of Nevada, Page 1336 (CHAPTER 379, SB 414)κ
after the district is established, [pursuant to a plan of assessment for the district.] from the proceeds of bonds issued pursuant to section 4 of this act or from a fee or tax imposed pursuant to section 3 of this act.
3. The district created pursuant to this section must include : [, without limitation:]
(a) The [entire] area where the condition which requires remediation is determined by the board to be present [;
(b) The entire area] or for which remediation is determined by the board to be necessary [; and
(c) Any other area which will benefit directly or indirectly from the protection of the quality or quantity of water which is available for municipal, industrial or domestic use.] , including any area to which the condition is expected to migrate unless remediation is carried out; and
(b) If the board determines that the condition which requires remediation affects the quantity or quality of drinking water within the region, the wholesale and retail service area of any provider of water that has used or uses for any portion of its supply wells located in the area described in paragraph (a).
Sec. 10. NRS 540A.260 is hereby amended to read as follows:
540A.260 1. Before creating a district for remediation pursuant to NRS 540A.250, the board [of county commissioners] shall prepare a plan for remediation which must be approved by the division . [of environmental protection of the state department of conservation and natural resources.]
2. The plan for remediation may include [, without limitation,] any action which is reasonable and economically feasible in the event of the release or threat of release of any hazardous substance into the environment which may affect the water quality in this state. Such action may include : [, without limitation:]
(a) Monitoring, assessing and evaluating the water which may be affected by the substance;
(b) Removing or disposing of the substance or remedying the condition of the water in any other manner; and
(c) Taking such actions as are necessary to prevent, minimize or mitigate damage to the affected water.
3. After the plan for remediation is approved by the division, the board shall determine [:
(a) The basis upon which assessments may equitably and proportionally be imposed upon property within the district; and
(b) The amount of the assessment to be imposed upon each parcel of land within the district, identified by the parcel number assigned for the purpose of taxation ad valorem.
4. Any assessment imposed pursuant to this section must be imposed equitably and proportionately on the basis of the quantity of water delivered to or diverted on the property for municipal, industrial or domestic use during the calendar year immediately preceding the assessment, as determined from information available to the board, or on the special benefit accruing to the property from remedying the condition, or a combination thereof, but in no event may any assessment exceed the reasonable market value of the property as determined by the board. If water was delivered to or diverted on the property for less than a full calendar year preceding the assessment or not at all, the board shall consider any benefit to the property from the protection of the quality or quantity of water available for municipal, industrial or domestic uses in making the assessment, as well as the special benefit accruing to the property from remedying the condition.
κ1997 Statutes of Nevada, Page 1337 (CHAPTER 379, SB 414)κ
water was delivered to or diverted on the property for less than a full calendar year preceding the assessment or not at all, the board shall consider any benefit to the property from the protection of the quality or quantity of water available for municipal, industrial or domestic uses in making the assessment, as well as the special benefit accruing to the property from remedying the condition.
5.] , and may from time to time redetermine, the costs of developing and carrying out the plan for remediation. The costs may include all or part of:
(a) The cost of acquisition, construction, equipment or other improvement of real and personal property in developing and carrying out the plan for remediation;
(b) The cost of engineering and design in connection with developing and carrying out the plan for remediation;
(c) The cost of operation, maintenance, monitoring, administration, collection and other continuing charges in connection with developing and carrying out the plan for remediation;
(d) Any reimbursements as provided in subsection 2 of NRS 540A.250 or NRS 540A.270;
(e) Principal, interest and other charges due in connection with bonds or other borrowing incurred to pay the costs of developing and carrying out the plan for remediation;
(f) The cost of operation, maintenance, administration and other continuing charges in connection with carrying out the responsibilities of the district for remediation, including the cost to notify the general public of the plan for remediation and the activities of the district; and
(g) All other costs and expenses that the board determines are reasonably related to the development and carrying out of the plan for remediation or the financing thereof, or to the activities or responsibilities of the district for remediation.
4. An owner or lessee of property within the district who did not cause or contribute to the condition which the district was created to remedy is not subject to criminal or civil liability, including, without limitation, any liability for the cost of remediation or any related damage or injury caused by the condition, except to the extent of any unpaid assessments levied against the property.
[6. In preparing the plan, establishing the district, implementing the plan, establishing an assessment roll, hearing complaints, objections or protests to assessments, levying assessments, apportioning assessments based upon a division of a tract, refunding a surplus, paying deficiencies in assessments, pledging revenues, determining assessments, placing omitted property on the assessment roll, issuing bonds and collecting and enforcing delinquent assessments the board shall, to the extent practicable, comply with the provisions of chapter 271 of NRS and the owners of property must be granted the rights and remedies provided for owners of property in chapter 271 of NRS, except that the provisions of NRS 271.306 do not apply to this chapter.
7. Notwithstanding any other provision of law, no]
κ1997 Statutes of Nevada, Page 1338 (CHAPTER 379, SB 414)κ
5. No person, governmental agency or charitable organization, whether or not otherwise exempt from assessment or taxation, except the Federal Government, is exempt from an assessment levied pursuant to this section.
Sec. 11. NRS 540A.270 is hereby amended to read as follows:
540A.270 1. The board [of county commissioners] may reimburse a person, governmental agency or public utility for any expenses incurred in identifying, studying and remedying, or attempting in good faith to remedy, the condition before the district is created [.] , or thereafter for costs and expenses that are in conformity with and further the plan for remediation or operation of the district. No reimbursement may be allowed for any expense that any person incurs in connection with disturbing the ground for the construction or improvement of property in the district unless the board determines that the cost or expense is in furtherance of the plan for remediation and is a cost or expense which would have been cost-effective and beneficial to incur to further the plan for remediation.
2. The board may establish criteria for the reimbursement of a person, governmental agency or public utility for expenses pursuant to subsection 1. The criteria must include adequate safeguards so that costs reimbursed include only the actual costs of the activities undertaken as provided in this section. No reimbursement may be provided for any cost incurred after the creation of the district unless before the cost is incurred by the person or entity seeking reimbursement, the amount is approved by the board and the board determines that the cost is in furtherance of the plan for remediation. The board may establish criteria with respect to the amount of reimbursement for particular activities and with respect to the process to be followed in establishing reasonable costs for reimbursement, including, at the boards discretion, any requirement for bidding on any construction or any acquisition of equipment.
3. The reimursement may be made only if money is available from the proceeds of bonds issued or from fees or taxes imposed pursuant to NRS 540A.250 to 540A.280, inclusive, and sections 2 to 6, inclusive, of this act which are not otherwise required to be expended for other purposes. Those sections do not constitute a requirement that the county make any reimbursements.
Sec. 12. NRS 540A.280 is hereby amended to read as follows:
540A.280 [Any recovery from a person who has caused or contributed to the condition requiring remediation must be used to offset the cost of remediation and must be credited to the assessments.]
1. If, during an investigation to establish the boundary of a district for remediation, development of a plan for remediation or the carrying out of the plan, the board acquires evidence that a person has caused or contributed to the condition requiring remediation, the board shall provide this evidence to the division for appropriate action. In addition to any other action authorized by statute, the department may by legal action recover from the person responsible the costs of remediation incurred by the county or district. Any monetary recovery from the person responsible, excluding any money recovered as a penalty, must be distributed and applied in the following order of priority:
κ1997 Statutes of Nevada, Page 1339 (CHAPTER 379, SB 414)κ
(a) To the department to pay the costs of recovery and to offset the costs of remediation incurred by the department; and
(b) To the board to offset the costs of remediation incurred by the county or district.
2. Any recovery distributed to the board must be used to reduce the fee or tax or to defray any increase in the fee or tax that would otherwise be charged against the parcels or properties within the district, as determined by the board.
3. As used in this section, department means the state department of conservation and natural resources.
Sec. 13. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the project on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.
(b) [That] Except as otherwise provided in section 3 of this act, that portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
κ1997 Statutes of Nevada, Page 1340 (CHAPTER 379, SB 414)κ
paid, all money thereafter received from taxes upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency in combination with the total revenue paid to any other redevelopment agencies and any tax increment areas of a municipality must not exceed:
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 14. NRS 354.59811 is hereby amended to read as follows:
354.59811 Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, and section 3 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
1. The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area or tax increment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
κ1997 Statutes of Nevada, Page 1341 (CHAPTER 379, SB 414)κ
public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 15. NRS 361B.260 is hereby amended to read as follows:
361B.260 1. After the effective date of the ordinance, including any supplemental ordinance adopted pursuant to NRS 361B.250, unconditionally ordering the undertaking and providing for financing by tax increment, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the municipality and any public body must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies as taxes on all other property are paid.
(b) Except as otherwise provided in subsection 2 [,] and section 3 of this act, the portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a tax increment area in combination with the total revenue paid to any other tax increment areas and any redevelopment agencies of a municipality must not exceed:
κ1997 Statutes of Nevada, Page 1342 (CHAPTER 379, SB 414)κ
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a tax increment area must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a tax increment area but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a tax increment area any amount which was being paid before July 1, 1987, and in anticipation of which the area became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the last equalized assessment roll referred to in subsection 1 is the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.
Sec. 16. Section 44 of chapter 688, Statutes of Nevada 1995, at page 2665, is hereby amended to read as follows:
Sec. 44. 1. This section and sections 1 to 33, inclusive, 34, 34.5 and 35 to 43, inclusive, of this act become effective on July 1, 1995.
2. Sections 33.5 and 34.7 become effective on July 30, 1997.
[3. Sections 2 to 27, inclusive, and 39 expire by limitation on July 30, 1997.]
Sec. 17. This act becomes effective on July 1, 1997.
________
Senate Bill No. 449Senators James and ODonnell
CHAPTER 380
AN ACT relating to persons; providing for a hearing conducted by a special master to determine the person most qualified and suitable to serve as guardian for a proposed ward or to take custody of certain children; authorizing the court or a special master to allow certain persons to testify at a hearing to determine the person most qualified and suitable to serve as guardian for a proposed ward or to take custody of certain children; revising the provisions governing the appointment and removal of guardians; and providing other matters properly relating thereto.
[Approved July 8, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. If the court determines that a person is in need of a guardian pursuant to NRS 159.054, the court may order the appointment of a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to serve as guardian for the proposed ward.
κ1997 Statutes of Nevada, Page 1343 (CHAPTER 380, SB 449)κ
a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to serve as guardian for the proposed ward.
2. Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court his recommendation regarding which person is most qualified and suitable to serve as guardian for the proposed ward.
Sec. 3. If the court or a special master appointed pursuant to section 2 of this act finds that a person, including, but not limited to, a parent or other relative, teacher, friend or neighbor of a proposed ward:
1. Has a personal interest in the well-being of the proposed ward; or
2. Possesses information that is relevant to the determination of who should serve as guardian for the proposed ward,
the court or a special master appointed pursuant to section 2 of this act may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to serve as guardian for the proposed ward.
Sec. 4. 1. Notwithstanding any other provision of law, if a guardian is appointed for a minor, except as otherwise provided in subsection 2, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the minor.
2. The court may remove the guardian of a minor or appoint another person as guardian if the guardian files a petition to resign his position as guardian.
Sec. 5. NRS 159.044 is hereby amended to read as follows:
159.044 1. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.
2. The petition must state:
(a) The name and address of the petitioner.
(b) The name, age and address of the proposed ward.
(c) Whether the proposed ward is a resident or nonresident of this state.
(d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.
(e) The name and address of the proposed guardian.
(f) That the proposed guardian has never been convicted of a felony.
(g) A summary of the reasons why a guardian is needed.
(h) Whether the appointment of a general or a special guardian is sought.
(i) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
(j) The name and address of any person or institution having the care, custody or control of the proposed ward.
(k) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
κ1997 Statutes of Nevada, Page 1344 (CHAPTER 380, SB 449)κ
(l) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
(m) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides protective services. As used in this paragraph, agency which provides protective services has the meaning ascribed to it in NRS 432B.030.
Sec. 6. NRS 159.061 is hereby amended to read as follows:
159.061 1. The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor.
2. Subject to [this preference,] the preference set forth in subsection 1, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve.
3. In determining who is most suitable, the court shall give consideration, among other factors, to:
[1.] (a) Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.
[2.] (b) Any nomination of a guardian for an incompetent, minor or person of limited capacity contained in a will or other written instrument executed by a parent or spouse of the proposed ward.
[3.] (c) Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.
[4.] (d) The relationship by blood or marriage of the proposed guardian to the proposed ward.
(e) Any recommendation made by a special master pursuant to section 2 of this act.
Sec. 7. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. If the court determines that a child must be kept in protective custody pursuant to NRS 432B.480 or must be placed in temporary or permanent custody pursuant to NRS 432B.550, the court may, before placing the child in the temporary or permanent custody of a person, order the appointment of a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to take custody of the child in consideration of the needs of the child for temporary or permanent placement.
2. Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court his recommendation regarding which person is most qualified and suitable to take custody of the child.
Sec. 9. If the court or a special master appointed pursuant to section 8 of this act finds that a person, including, but not limited to, a parent or other relative, teacher, friend or neighbor of a child:
1. Has a personal interest in the well-being of the child; or
2. Possesses information that is relevant to the determination of who should take custody of the child, the court or the special master may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to take custody of the child.
κ1997 Statutes of Nevada, Page 1345 (CHAPTER 380, SB 449)κ
the court or the special master may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to take custody of the child.
Sec. 10. NRS 432B.430 is hereby amended to read as follows:
432B.430 [Only] Except as otherwise provided in section 9 of this act, only those persons having a direct interest in the case, as ordered by the judge or master, may be admitted to any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive [.] , or section 8 of this act.
________
Senate Bill No. 488Committee on Judiciary
CHAPTER 381
AN ACT relating to unarmed combat; revising the provisions relating to conduct that is prohibited in connection with contests and exhibitions of unarmed combat; authorizing the Nevada athletic commission to impose a monetary penalty in certain circumstances of 100 percent of the share of the purse to which a person involved in unarmed combat is entitled; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 467.110 is hereby amended to read as follows:
467.110 1. The commission may suspend or revoke the license of, otherwise discipline, or take any combination of such actions against any contestant, promoter, ring official or other participant who, in the judgment of the commission:
(a) Enters into a contract for a contest or exhibition of unarmed combat in bad faith;
(b) Participates in any sham or fake contest or exhibition of unarmed combat [.
(b)] ;
(c) Participates in a contest or exhibition of unarmed combat pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest or exhibition in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;
(d) Is guilty of a failure to give his best efforts [in such] , a failure to compete honestly or a failure to give an honest exhibition of his skills in a contest or exhibition [.
(c)] of unarmed combat; or
(e) Is guilty of an act or conduct that is detrimental to a contest or exhibition of unarmed combat, including, but not limited to, any foul or unsportsmanlike conduct in connection with [such] a contest or exhibition [.] of unarmed combat.
2. The commission may refuse to issue a license to an applicant who has committed any of the acts described in subsection 1.
κ1997 Statutes of Nevada, Page 1346 (CHAPTER 381, SB 488)κ
Sec. 2. NRS 467.135 is hereby amended to read as follows:
467.135 1. The commission, its executive director or any other employee authorized by the commission may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the commission, executive director or other employee [, the] :
(a) The contestant is not competing honestly or to the best of his skill and ability or [if] the contestant otherwise violates any regulations adopted by the commission or any of the provisions of this chapter, including, but not limited to, the provisions of subsection 1 of NRS 467.110; or
(b) The manager or seconds [have violated] violate any regulations adopted by the commission or any of the provisions of this chapter [or the regulations adopted thereunder.] , including, but not limited to, the provisions of subsection 1 of NRS 467.110.
2. This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.
3. Upon the withholding of any part of a purse or other money pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall pay the money over to the commission. Subject to the provisions of subsection 5, the money must be deposited with the state treasurer for credit to the state general fund.
5. Money turned over to the commission pending final action in any matter must be credited to the athletic commissions agency account and must remain in that account until the commission orders its disposition in accordance with the final action taken.
Sec. 3. NRS 467.158 is hereby amended to read as follows:
467.158 1. Except as otherwise provided in [subsection 3,] subsections 3 and 4, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed $250,000, the commission may reinstate a revoked license.
2. [Except as otherwise provided in subsection 3, in lieu of revoking a license, as provided for in this chapter,] If disciplinary action is taken against a person pursuant to this chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection 3, the commission may , in lieu of revoking a license, prescribe a penalty not to exceed $250,000.
3. If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation [or proposed revocation] of a license, and the disciplinary action relates to:
(a) The preparation for a contest or an exhibition of unarmed combat;
(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,
the commission may prescribe a penalty [not to] pursuant to subsection 4.
κ1997 Statutes of Nevada, Page 1347 (CHAPTER 381, SB 488)κ
4. A penalty prescribed by the commission pursuant to subsection 3:
(a) Must not exceed $250,000 or [10] 100 percent of the [purse for that] share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater [.
4.] ; and
(b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the commission.
5. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the commission.
Sec. 4. The amendatory provisions of this act do not apply to conduct that occurred before the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 242Committee on Judiciary
CHAPTER 382
AN ACT relating to crimes; making it a crime to intentionally isolate an older person; making it a crime to conspire to commit abuse, exploitation or isolation of an older person; requiring a law enforcement agency to promptly seek to obtain a warrant for the arrest of a person who is criminally responsible for a crime against an older person; providing a penalty; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.1675 is hereby amended to read as follows:
193.1675 1. Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, [subsection 3 of NRS] 200.5099 or paragraph (a) of subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator, may be punished by imprisonment in the state prison for an additional term not to exceed 25 percent of the term of imprisonment prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 2. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. A person who conspires with another to commit abuse, exploitation or isolation of an older person as prohibited by NRS 200.5099, shall be punished:
1. For the first offense, for a gross misdemeanor.
κ1997 Statutes of Nevada, Page 1348 (CHAPTER 382, AB 242)κ
2. For the second and all subsequent offenses, for a category C felony as provided in NRS 193.130.
In addition to any other penalty, the court shall order the person to pay restitution. Each person found guilty of such a conspiracy is jointly and severally liable for the restitution with each other person found guilty of the conspiracy.
Sec. 4. A law enforcement agency shall promptly seek to obtain a warrant for the arrest of any person the agency has probable cause to believe is criminally responsible for the abuse, neglect, exploitation or isolation of an older person.
Sec. 5. NRS 200.5091 is hereby amended to read as follows:
200.5091 It is the policy of this state to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect , [and] exploitation and isolation of older persons through the complete reporting of abuse, neglect , [and] exploitation and isolation of older persons.
Sec. 6. NRS 200.5092 is hereby amended to read as follows:
200.5092 As used in NRS 200.5091 to 200.5099, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires:
1. Abuse means willful and unjustified:
(a) Infliction of pain, injury or mental anguish [;] on an older person; or
(b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.
2. Exploitation means any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to obtain control, through deception, intimidation or undue influence, over the older persons money, assets or property with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property. As used in this subsection, undue influence does not include the normal influence that one member of a family has over another.
3. Isolation means willfully, maliciously and intentionally preventing an older person from having contact with another person by:
(a) Intentionally preventing the older person from receiving his visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or a person who telephones the older person that the older person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person and intended to prevent the older person from having contact with the visitor; or
(b) Physically restraining the older person to prevent the older person from meeting with a person who comes to visit the older person.
The term does not include an act intended to protect the property or physical or mental welfare of the older person or an act performed pursuant to the instructions of a physician of the older person.
4. Neglect means the failure of:
κ1997 Statutes of Nevada, Page 1349 (CHAPTER 382, AB 242)κ
(a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or
(b) An older person to provide for his own needs because of inability to do so.
[4.] 5. Older person means a person who is 60 years of age or older.
[5.] 6. Protective services means services the purpose of which is to prevent and remedy the abuse, [exploitation and] neglect , exploitation and isolation of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.
Sec. 7. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. [Any] A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected [or exploited.] , exploited or isolated. The report must be made to:
(a) The local office of the welfare or aging services division of the department of human resources;
(b) [Any] A police department or sheriffs office;
(c) The countys office for protective services, if one exists in the county where the suspected action occurred; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect , [or] exploitation or isolation of an older person involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected [or exploited:] , exploited or isolated:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected [or exploited.] , exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect , [or] exploitation or isolation of an older person by a member of the staff of the hospital.
κ1997 Statutes of Nevada, Page 1350 (CHAPTER 382, AB 242)κ
notification of the suspected abuse, neglect , [or] exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect , [or] exploitation or isolation of the older person from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect , [or] exploitation or isolation of the older person from a client who has been or may be accused of [the] such abuse, neglect [or exploitation.] , exploitation or isolation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect , [or] exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. [Any] A person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse , [or] neglect or isolation shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected [or exploited,] , exploited or isolated, the welfare division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
κ1997 Statutes of Nevada, Page 1351 (CHAPTER 382, AB 242)κ
Sec. 8. NRS 200.5094 is hereby amended to read as follows:
200.5094 1. The report required pursuant to NRS 200.5093 may be made orally, by telephone or otherwise. The person who receives the report must reduce it to writing as soon as possible.
2. The report must contain the following information, when possible:
(a) The name and address of the older person;
(b) The name and address of the person responsible for his care, if there is one;
(c) The name and address, if available, of the person who is alleged to have abused, neglected , [or] exploited or isolated the older person;
(d) The nature and extent of the abuse, neglect [or exploitation;] , exploitation or isolation of the older person;
(e) Any evidence of previous injuries; and
(f) The basis of the reporters belief that the older person has been abused, neglected [or exploited.] , exploited or isolated.
Sec. 9. NRS 200.5095 is hereby amended to read as follows:
200.5095 1. Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.
2. [Any] A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect , [or] exploitation or isolation of older persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982; or
(c) To persons or agencies enumerated in subsection 3 of this section,
is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect , [or] exploitation or isolation of an older person is available only to:
(a) A physician who is providing care to an older person who may have been abused, neglected [or exploited;] , exploited or isolated;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect , [or] exploitation or isolation of the older person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person, if the identity of the person who was responsible for reporting the alleged abuse, neglect , [or] exploitation or isolation of the older person to the public agency is protected, and the legal guardian of the older person is not the person suspected of [the] such abuse, neglect [or exploitation;] , exploitation or isolation;
κ1997 Statutes of Nevada, Page 1352 (CHAPTER 382, AB 242)κ
legal guardian of the older person is not the person suspected of [the] such abuse, neglect [or exploitation;] , exploitation or isolation;
(i) If the older person is deceased, the executor or administrator of his estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect , [or] exploitation or isolation of the older person to the public agency is protected, and the executor or administrator is not the person suspected of [the] such abuse, neglect [or exploitation;] , exploitation or isolation; or
(j) The older person named in the report as allegedly being abused, neglected [or exploited,] , exploited or isolated, if that person is not legally incompetent.
4. If the person who is reported to have abused, neglected , [or] exploited or isolated an older person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, information contained in the report must be submitted to the board [which] that issued the license.
Sec. 10. NRS 200.5096 is hereby amended to read as follows:
200.5096 Immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.5099, inclusive, in good faith:
1. Participates in the making of a report;
2. Causes or conducts an investigation of alleged abuse, neglect , [or] exploitation or isolation of an older person; or
3. Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.
Sec. 11. NRS 200.5098 is hereby amended to read as follows:
200.5098 1. The aging services division of the department of human resources shall:
(a) Identify and record demographic information on the older person who is alleged to have been abused, neglected , [or] exploited or isolated and the person who is alleged to be responsible for [the] such abuse, neglect [or exploitation.] , exploitation or isolation.
(b) Obtain information from programs for preventing abuse of older persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.
(c) Publicize the provisions of NRS 200.5091 to 200.5099, inclusive.
2. The administrator of the aging services division of the department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect , [or] exploitation or isolation of older persons. Members of the team serve at the invitation of the administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect , [or] exploitation or isolation of older persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.
κ1997 Statutes of Nevada, Page 1353 (CHAPTER 382, AB 242)κ
3. The team may receive otherwise confidential information and records pertaining to older persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.
Sec. 12. NRS 200.50982 is hereby amended to read as follows:
200.50982 The provisions of NRS 200.5091 to 200.5099, inclusive, do not prohibit an agency which is investigating a report of abuse, neglect [or exploitation,] , exploitation or isolation, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect , [or] exploitation or isolation of an older person to other federal, state or local agencies or the legal representatives of the older person on whose behalf the investigation is being conducted if:
1. The agency making the disclosure determines that the disclosure is in the best interest of the older person; and
2. Proper safeguards are taken to ensure the confidentiality of the information.
Sec. 13. NRS 200.50984 is hereby amended to read as follows:
200.50984 1. Notwithstanding any other statute to the contrary, the local office of the welfare division of the department of human resources and a countys office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.5099, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that persons medical and financial records.
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the welfare division or the countys office for protective services shall obtain the consent of the older person before inspecting those records. If the welfare division or the countys office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the welfare division or the countys office for protective services shall obtain the consent of the guardian before inspecting those records. If the welfare division or the countys office for protective services has reason to believe that the guardian is abusing, neglecting , [or] exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
κ1997 Statutes of Nevada, Page 1354 (CHAPTER 382, AB 242)κ
Sec. 14. NRS 200.50986 is hereby amended to read as follows:
200.50986 The local office of the welfare division or the countys office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the welfare division or the countys office of protective services has reason to believe that the guardian is abusing, neglecting , [or] exploiting or isolating the older person in violation of NRS 200.5095 to 200.5099, inclusive.
Sec. 15. NRS 200.5099 is hereby amended to read as follows:
200.5099 1. [A person who knowingly and willfully violates any of the provisions of NRS 200.5093 is guilty of a misdemeanor.
2.] Except as otherwise provided in subsection 6, any person who abuses an older person, causing the older person to suffer unjustifiable physical pain or mental suffering, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
[3.] 2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person and who:
(a) Neglects the older person, causing the older person to suffer physical pain or mental suffering;
(b) Permits or allows the older person to suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person to be placed in a situation where the older person may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
[4.] 3. Except as otherwise provided in subsection [5,] 4, any person who exploits an older person shall be punished, if the value of any money, assets and property obtained or used:
(a) Is less than $250, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;
(b) Is at least $250, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
κ1997 Statutes of Nevada, Page 1355 (CHAPTER 382, AB 242)κ
property of the older person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
[5.] 4. If a person exploits an older person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.
6. A person who violates any provision of subsection [2,] 1, if substantial bodily or mental harm or death results to the older person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection [3,] 2, if substantial bodily or mental harm or death results to the older person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
8. As used in this section:
(a) Allow means to take no action to prevent or stop the abuse or neglect of an older person if the person knows or has reason to know that the older person is being abused or neglected.
(b) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.
Sec. 16. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 17. Sections 1, 4, 7, 9 and 15 of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 18. Sections 1, 7 and 15 of this act become effective at 12:01 a.m. on October 1, 1997.
________
κ1997 Statutes of Nevada, Page 1356κ
Assembly Bill No. 608Committee on Government Affairs
CHAPTER 383
AN ACT relating to metropolitan police departments; providing for the representation of an employee of a department by a person of the employees own choosing at a hearing or other proceeding conducted by the civil service board of the department; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 280.310 is hereby amended to read as follows:
280.310 1. Each department shall have a system of civil service, applicable to and governing all employees of the department except elected officers and such other positions as designated by the committee.
2. The system of civil service must be governed by a board composed of five civil service trustees appointed by the committee. Upon creation of the board, the committee shall appoint one trustee for a term of 2 years, two trustees for terms of 3 years and two trustees for terms of 4 years. Thereafter the terms of all trustees [serve for terms of] are 4 years.
3. The members of the board may administer any oath or affirmation necessary in discharging its duties. The board may issue subpoenas in the discharge of its duties in the same manner as a subpoena is issued in a civil action.
4. The board shall prepare regulations governing the system of civil service to be adopted by the committee. The regulations must provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions;
(d) Procedures for promotion, disciplinary actions and removal of employees; and
(e) Such other matters as the board may consider necessary.
5. Copies of the regulations of the system of civil service must be distributed to all employees of the department.
6. The sheriff shall designate a personnel officer to administer the personnel functions of the department according to the policies and regulations of the board, including , but not limited to , the items enumerated in subsection 4.
7. In any hearing or other proceeding conducted by the board, an employee of the department may represent himself or be represented by any person of the employees own choosing.
________
κ1997 Statutes of Nevada, Page 1357κ
Assembly Bill No. 595Committee on Judiciary
CHAPTER 384
AN ACT relating to civil liability; revising the provisions governing civil liability of public and private employers for the intentional conduct of employees; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee:
(a) Was a truly independent venture of the employee;
(b) Was not committed in the course of the very task assigned to the employee; and
(c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his employment.
For the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.
2. Nothing in this section imposes strict liability on an employer for any unforeseeable intentional act of his employee.
3. For the purposes of this section:
(a) Employee means any person who is employed by an employer, including, without limitation, any present or former officer or employee, immune contractor or member of a board or commission or legislator in this state.
(b) Employer means any public or private employer in this state, including, without limitation, the State of Nevada, any agency of this state and any political subdivision of the state.
(c) Immune contractor has the meaning ascribed to it in subsection 3 of NRS 41.0307.
(d) Officer has the meaning ascribed to it in subsection 4 of NRS 41.0307.
Sec. 2. NRS 41.03475 is hereby amended to read as follows:
41.03475 [No] Except as otherwise provided in section 1 of this act, no judgment may be entered against the State of Nevada or any agency of the state or against any political subdivision of the state for any act or omission of any present or former officer, employee, immune contractor, member of a board or commission, or legislator which was outside the course and scope of his public duties or employment.
Sec. 3. NRS 41.130 is hereby amended to read as follows:
41.130 [Whenever] Except as otherwise provided in section 1 of this act, whenever any person shall suffer personal injury by wrongful act, neglect or default of another, the person causing the injury [shall be] is liable to the person injured for damages; and where the person causing [such] the injury is employed by another person or corporation responsible for his conduct, [such] that person or corporation so responsible [shall be] is liable to the person injured for damages.
κ1997 Statutes of Nevada, Page 1358 (CHAPTER 384, AB 595)κ
[such] the injury is employed by another person or corporation responsible for his conduct, [such] that person or corporation so responsible [shall be] is liable to the person injured for damages.
Sec. 4. The amendatory provisions of this act apply to a civil action that is filed on or after the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 589Committee on Transportation
CHAPTER 385
AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating employment as a professional firefighter; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the department, in cooperation with professional firefighters in the State of Nevada, shall design, prepare and issue license plates that recognize employment as a professional firefighter using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. The department shall issue license plates that recognize employment as a professional firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize employment as a professional firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize employment as a professional firefighter.
3. An application for the issuance or renewal of license plates that recognize employment as a professional firefighter is void unless it is accompanied by documentation which, in the determination of the department, provides reasonable proof of the identity of the applicant and proof of his current employment as a professional firefighter or his status as a retired professional firefighter. Such documentation may include, but is not limited to:
(a) An identification card which indicates that the applicant is currently employed as a professional firefighter or is currently a member of a firefighters union; or
(b) Evidence of his former employment as a professional firefighter.
κ1997 Statutes of Nevada, Page 1359 (CHAPTER 385, AB 589)κ
4. The fee payable to the department for license plates that recognize employment as a professional firefighter is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment to the department of $10 in addition to all other applicable registration and license fees and motor vehicle privilege taxes.
5. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
6. As used in this section, retired professional firefighter means a person who retired from employment with a fire department within this state after completing at least 10 years of creditable service as a firefighter within this state.
Sec. 2. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications he receives to the department within the period prescribed by the department;
(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to [obtain] :
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of [this act, or to claim] Assembly Bill No. 32 of this session and section 1 of this act; or
κ1997 Statutes of Nevada, Page 1360 (CHAPTER 385, AB 589)κ
(2) Claim the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.
Sec. 3. NRS 482.270 is hereby amended to read as follows:
482.270 1. Except as otherwise provided [in NRS 482.3747, 482.3775, 482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session and section 1 of this act, or NRS 482.384,] by specific statute, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate must have displayed upon it:
(a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;
(b) The name of the state, which may be abbreviated;
(c) If issued for a calendar year, the year; and
(d) If issued for a registration period other than a calendar year, the month and year the registration expires.
4. The letters I and Q must not be used in the designation.
5. Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.
Sec. 4. NRS 482.2703 is hereby amended to read as follows:
482.2703 1. The director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and
(b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
2. The director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, [and] section 1 of [this act.]
κ1997 Statutes of Nevada, Page 1361 (CHAPTER 385, AB 589)κ
plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, [and] section 1 of [this act.] Assembly Bill No. 32 of this session and section 1 of this act. The director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and
(b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
3. The director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.
4. A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.
5. All money collected from the issuance of sample license plates must be deposited in the state treasury for credit to the motor vehicle fund.
6. A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.
Sec. 5. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.................................................................... $5.00
For every substitute number plate or set of plates................................... 5.00
For every duplicate number plate or set of plates................................... 10.00
For every decal displaying a county name............................................... .50
For every other decal (license plate sticker or tab).................................. 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of [this act,] Assembly Bill No. 32 of this session and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
4. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
κ1997 Statutes of Nevada, Page 1362 (CHAPTER 385, AB 589)κ
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 6. The amendatory provisions of this act expire by limitation on October 1, 2001, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 1 of this act.
Sec. 7. 1. Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.
2. Section 3 of this act becomes effective at 12:02 a.m. on October 1, 1997.
________
Assembly Bill No. 518Committee on Education
CHAPTER 386
AN ACT relating to pupils; requiring courts to provide to school districts information regarding pupils who have unlawfully caused or attempted to cause serious bodily injury to another person; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.468 is hereby amended to read as follows:
392.468 1. The board of trustees of a county school district, or its designee, shall inform each employee of the district, including teachers, other licensed employees, drivers of school buses, instructional aides and office managers, who may have consistent contact with a pupil if that pupil has, within the preceding 3 years, unlawfully caused or attempted to cause serious bodily injury to any person. The district shall provide this information based upon any written records that the district maintains or which it receives from a law enforcement agency [.] or a court. The district need not initiate a request for such information from any source.
2. A school district and the members of its board of trustees are not liable for failure strictly to comply with this section if a good faith effort to comply is made.
3. Any information received by an employee pursuant to this section is confidential and must not be further disseminated by the employee.
Sec. 2. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a court determines that a child who is currently enrolled in school unlawfully caused or attempted to cause serious bodily injury to another person, the court shall provide the information specified in subsection 2 to the school district in which the child is currently enrolled.
2. The information required to be provided pursuant to subsection 1 must include:
κ1997 Statutes of Nevada, Page 1363 (CHAPTER 386, AB 518)κ
(a) The name of the child;
(b) A description of any injury sustained by the other person;
(c) A description of any weapon used by the child; and
(d) A description of any threats made by the child against the other person before, during or after the incident in which the child injured or attempted to injure the person.
Sec. 3. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a court determines that a person who is currently enrolled in a secondary school unlawfully caused or attempted to cause serious bodily injury to another person, the court shall provide the information specified in subsection 2 to the school district in which the offender is currently enrolled.
2. The information required to be provided pursuant to subsection 1 must include:
(a) The name of the offender;
(b) A description of any injury sustained by the other person;
(c) A description of any weapon used by the offender; and
(d) A description of any threats made by the offender against the other person before, during or after the incident in which the offender injured or attempted to injure the person.
Sec. 4. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. This act becomes effective on July 1, 1997.
________
Assembly Bill No. 485Assemblymen Ohrenschall, Anderson, Buckley, Manendo, Perkins, Segerblom, Herrera, Collins, Berman, Koivisto, Carpenter, Sandoval, Amodei, Bache, Arberry, Chowning, Evans, Williams, Hickey, Price, de Braga, Giunchigliani, Close, Marvel, Neighbors, Humke, Goldwater, Parks, Krenzer, Mortenson and Lee
CHAPTER 387
AN ACT relating to actions concerning persons; revising the provisions governing immunity for a person engaging in a good faith communication in furtherance of the right to petition; and providing other matters properly relating thereto.
[Approved July 11, 1997]
Whereas, The framers of the United States Constitution and the constitution of the State of Nevada, recognizing that participation by citizens in government is an inalienable right which is essential to the survival of democracy, secured its protection by giving the people the right to petition the government for redress of grievances in the First Amendment to the United States Constitution and in section 10 of article 1 of the constitution of the State of Nevada; and
κ1997 Statutes of Nevada, Page 1364 (CHAPTER 387, AB 485)κ
Whereas, The communications, information, opinions, reports, testimony, claims and argument provided by citizens to their government are essential to wise governmental decisions and public policy, the public health, safety and welfare, effective law enforcement, the efficient operation of governmental programs, the credibility and trust afforded government and the continuation of our representative form of government; and
Whereas, Civil actions are being filed against many citizens, businesses and organizations based on their valid exercise of their right to petition; and
Whereas, Such lawsuits, called Strategic Lawsuits Against Public Participation, or SLAPPs, are typically dismissed, but often not before the defendant is put to great expense, harassment and interruption of their productive activities; and
Whereas, The number of SLAPPs has increased significantly over the past 30 years; and
Whereas, SLAPPs are an abuse of the judicial process in that they are used to censor, chill, intimidate or punish persons for involving themselves in public affairs; and
Whereas, The threat of financial liability, litigation costs and other personal losses from groundless civil actions seriously affects governmental, commercial and individual rights by significantly diminishing public participation in government, in public issues and in voluntary service; and
Whereas, Although courts have recognized and discouraged SLAPPs, protection of this important right has not been uniform or comprehensive; and
Whereas, It is essential to our form of government that the constitutional rights of citizens to participate fully in the process of government be protected and encouraged; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 41.640 to 41.670, inclusive, and section 3 of this act, the words and terms defined in NRS 41.640 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. Good faith communication in furtherance of the right to petition means any:
1. Communication that is aimed at procuring any governmental or electoral action, result or outcome;
2. Communication of information or a complaint to a legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity; or
κ1997 Statutes of Nevada, Page 1365 (CHAPTER 387, AB 485)κ
3. Written or oral statement made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law,
which is truthful or is made without knowledge of its falsehood.
Sec. 4. NRS 41.640 is hereby amended to read as follows:
41.640 [As used in NRS 41.640 to 41.670, inclusive, political] Political subdivision has the meaning ascribed to it in NRS 41.0305.
Sec. 5. NRS 41.650 is hereby amended to read as follows:
41.650 [A person who in good faith communicates a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity] A person who engages in a good faith communication in furtherance of the right to petition is immune from civil liability [on] for claims based upon the communication.
Sec. 6. NRS 41.660 is hereby amended to read as follows:
41.660 [In any civil action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision regarding a matter reasonably of concern to the respective governmental entity, the]
1. If an action is brought against a person based upon a good faith communication in furtherance of the right to petition:
(a) The person against whom the action is brought may file a special motion to dismiss; and
(b) The attorney general or [other legal representative of the state or the legal representative of] the chief legal officer or attorney of a political subdivision [may provide for the defense of the action on behalf] of this state may defend or otherwise support the person [who communicated the complaint or information.] against whom the action is brought. If the [legal representative of a political subdivision does not provide for the defense of such an action relating to a communication to a legislator, officer or employee of the political subdivision, the] attorney general [may provide for the defense of the action.] or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the attorney general or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.
2. A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.
3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall:
(a) Treat the motion as a motion for summary judgment;
(b) Stay discovery pending:
(1) A ruling by the court on the motion; and
(2) The disposition of any appeal from the ruling on the motion; and
(c) Rule on the motion within 30 days after the motion is filed.
κ1997 Statutes of Nevada, Page 1366 (CHAPTER 387, AB 485)κ
4. If the court dismisses the action pursuant to a special motion to dismiss filed pursuant to subsection 2, the dismissal operates as an adjudication upon the merits.
Sec. 7. NRS 41.670 is hereby amended to read as follows:
41.670 [1. Except as otherwise provided in subsection 2, the party prevailing in an action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity is entitled to] If the court grants a special motion to dismiss filed pursuant to NRS 41.660:
1. The court shall award reasonable costs and attorneys fees [.
2. If a legal representative of this state or of a political subdivision provides the defense in such an action, the state or political subdivision:
(a) If the legal representative prevails, is entitled] to the person against whom the action was brought, except that the court shall award reasonable costs and attorneys [fees; or
(b) If the legal representative does not prevail, must pay reasonable costs and attorneys fees.] fees to this state or to the appropriate political subdivision of this state if the attorney general, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660.
2. The person against whom the action is brought may bring a separate action to recover:
(a) Compensatory damages;
(b) Punitive damages; and
(c) Attorneys fees and costs of bringing the separate action.
Sec. 8. The amendatory provisions of this act apply to a civil action that is filed on or after October 1, 1997.
________
Assembly Bill No. 494Assemblymen Tiffany, Hickey, Carpenter, Neighbors, Amodei, Humke, Close, Herrera, Buckley, Arberry, Berman, Parks, Gustavson, Lee, Chowning, Nolan, Mortenson, Manendo, Von Tobel and Ohrenschall
CHAPTER 388
AN ACT relating to motor vehicles; prohibiting a dealer of motor vehicles from obtaining a duplicate certificate of ownership of a motor vehicle under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for a dealer or any other person, with the intent to defraud, to obtain a duplicate certificate of ownership for any vehicle in which he grants a security interest to secure a present or future debt, obligation or liability of any nature arising from a loan or other extension of credit made in connection with the financing of the inventory of the vehicles of the dealer, or to engage in any other similar practice commonly known as flooring.
κ1997 Statutes of Nevada, Page 1367 (CHAPTER 388, AB 494)κ
which he grants a security interest to secure a present or future debt, obligation or liability of any nature arising from a loan or other extension of credit made in connection with the financing of the inventory of the vehicles of the dealer, or to engage in any other similar practice commonly known as flooring.
2. A person who violates the provisions of subsection 1 shall be punished in accordance with the provisions of NRS 205.380.
3. In addition to any penalty imposed pursuant to subsection 2, the court shall order the person to pay restitution.
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
Assembly Bill No. 476Committee on Taxation
CHAPTER 389
AN ACT relating to taxation; providing a temporary exemption from the taxes for real and personal property of certain apprentice programs; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the real and personal property of an apprenticeship program owned by a local or state apprenticeship committee is exempt from taxation if the program is:
(a) Operated by an organization which is qualified pursuant to 26 U.S.C. § 501(c)(3) or (5); and
(b) Registered and approved by the state apprenticeship council pursuant to chapter 610 of NRS.
2. If any property exempt from taxation pursuant to subsection 1 is used for a purpose other than that of the apprenticeship program required in subsection 1, and a rent or other valuable consideration is received for its use, the property must be taxed, unless the rent or other valuable consideration is paid or given by an organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c)(3).
Sec. 2. This act becomes effective on July 1, 1997, and expires by limitation on July 1, 2007.
________
κ1997 Statutes of Nevada, Page 1368κ
Assembly Bill No. 472Assemblymen Chowning, Anderson, Ohrenschall, Collins, Manendo, Hettrick, Parks, Herrera, Arberry, Cegavske, Perkins, Buckley, Von Tobel, Freeman, Hickey, Bache, Giunchigliani, Krenzer, Nolan, Mortenson, Price, Evans, Dini, Segerblom, Williams, Goldwater, de Braga, Berman, Neighbors, Amodei, Lee, Braunlin, Gustavson, Koivisto, Marvel, Humke and Close
CHAPTER 390
AN ACT relating to motor vehicles; requiring persons who operate garages that repair motor vehicles to register with the department of motor vehicles and public safety; creating an advisory board on the repair of motor vehicles; requiring the consumer affairs division of the department of business and industry and the department of motor vehicles to cooperate for certain purposes and to provide certain information to the general public concerning the repair of motor vehicles; providing a penalty; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Division means the consumer affairs division of the department of business and industry.
Sec. 4. 1. Garage means a business establishment, sole proprietorship, firm, corporation, association or other legal entity that performs any of the following services on motor vehicles:
(a) Repair of the:
(1) Engine;
(2) Brake system;
(3) Transmission system;
(4) Drivetrain system;
(5) Heating and air conditioning system;
(6) Cooling system; or
(7) Muffler and exhaust system;
(b) Engine tune up;
(c) Diagnostic testing;
(d) Alignment; or
(e) Oil change and lubrication.
2. Garage does not include a business establishment, sole proprietorship, firm, corporation, association or other legal entity that does not perform services on motor vehicles for members of the general public.
Sec. 5. Garageman means a person who:
1. Owns, operates, controls or manages a garage; or
κ1997 Statutes of Nevada, Page 1369 (CHAPTER 390, AB 472)κ
2. Is authorized to repair motor vehicles at a garage that is owned, operated, controlled or managed by another person.
Sec. 6. Motor vehicle means:
1. A passenger car as defined in NRS 482.087;
2. A mini motor home as defined in NRS 482.066;
3. A motor home as defined in NRS 482.071;
4. A recreational vehicle as defined in NRS 482.101; and
5. A motortruck as defined in NRS 482.073 if the gross weight of the vehicle is 10,000 pounds or less.
Sec. 7. The provisions of sections 2 to 10, inclusive, of this act do not apply to:
1. An authorized inspection station, authorized maintenance station, authorized station or fleet station that is licensed pursuant to the provisions of NRS 445B.700 to 445B.845, inclusive, for actions taken within the scope of that license.
2. A body shop that is licensed pursuant to the provisions of NRS 487.600 to 487.690, inclusive, for actions taken within the scope of that license.
3. A service station that is exclusively engaged in the business of selling motor vehicle fuel, lubricants or goods unrelated to the repair of motor vehicles.
Sec. 8. 1. On and after January 1, 1998, a garageman shall register with the department for authorization to operate a garage.
2. An application for registration must be on a form provided by the department. The application must include:
(a) The name of the applicant, including each name under which he intends to do business;
(b) The complete street address of each location from which the applicant will be conducting business, including a designation of the location that will be his principal place of business;
(c) A copy of the business license for each garage operated by the applicant if the county or city in which the applicant operates a garage requires such a license;
(d) The type of repair work offered at each garage operated by the applicant;
(e) The number of mechanics employed at each garage operated by the applicant; and
(f) Any other information required by the department.
3. For each garage operated by an applicant, the department shall charge a fee of $25 for the issuance or renewal of registration. If an applicant operates more than one garage, he may file one application if he clearly indicates on the application the location of each garage operated by the applicant and each person responsible for the management of each garage.
4. Except as otherwise provided in section 11 of this act, all fees collected pursuant to this section must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.
κ1997 Statutes of Nevada, Page 1370 (CHAPTER 390, AB 472)κ
5. An applicant for registration or renewal of registration shall notify the department of any material change in the information contained in his application for registration or renewal within 10 days after his knowledge of the change.
Sec. 9. 1. If the department receives an application for registration that contains the information required by section 8 of this act, it shall issue to the applicant a certificate of registration for each garage operated by the applicant. The certificate must contain the applicants name, residential address, the name under which his business is to be conducted, the business address, the registration number for the garage and the toll-free telephone number for consumer information and assistance established by the division pursuant to section 25 of this act.
2. A certificate of registration is valid for 1 year after the date of issuance. A garageman may renew his registration by submitting to the department:
(a) An application for renewal on a form provided by the department; and
(b) The fee for renewal set forth in section 8 of this act.
Sec. 10. A garageman shall:
1. Display a sign, in a conspicuous place at each garage operated by him, that contains the toll-free telephone number for consumer information and assistance established by the division pursuant to section 25 of this act; and
2. Comply with the provisions of NRS 597.480 to 597.590, inclusive.
Sec. 11. 1. The advisory board on the repair of motor vehicles is hereby created.
2. The advisory board consists of 12 members as follows:
(a) One member who represents motor vehicle dealers who sell motor vehicles pursuant to a franchise, appointed by the governor;
(b) One member who represents facilities that test and inspect motor vehicles for the control of emissions, appointed by the governor;
(c) One member who represents service stations that sell motor vehicle fuel, appointed by the governor;
(d) One member who represents the consumer affairs division of the department of business and industry, appointed by the governor;
(e) One member who represents the department of motor vehicles and public safety, appointed by the governor;
(f) Two members who represent the motor vehicle repair industry, appointed by the governor;
(g) One member of the senate, appointed by the majority leader of the senate;
(h) One member of the assembly, appointed by the speaker of the assembly;
(i) Two members of the general public, one of whom must be appointed by the senate majority leader and one of whom must be appointed by the speaker of the assembly; and
(j) One member who represents the body shop industry, appointed by the governor.
3. The members of the advisory board shall select a chairman and a vice chairman from among their membership annually.
κ1997 Statutes of Nevada, Page 1371 (CHAPTER 390, AB 472)κ
4. Each legislator who is a member of the advisory board is entitled to receive:
(a) Except during a regular or special session of the legislature, the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the advisory board; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
The compensation, per diem allowance and travel expenses must be paid from the legislative fund.
5. Each nonlegislative member of the advisory board serves without compensation but is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses must be paid by the department from the money collected by the department pursuant to section 8 of this act for the issuance or renewal of a certificate of registration to operate a garage.
6. A vacancy in the membership of the advisory board must be filled for the remainder of the unexpired term in the same manner as the original appointment.
7. The department shall provide the advisory board with administrative support.
Sec. 12. The advisory board on the repair of motor vehicles shall:
1. Meet at the call of the chairman at least two times each year;
2. Make recommendations to the department and the legislature for the training and certification of garagemen;
3. Study the need for improving the regulation of practices that govern the repair of motor vehicles, including, without limitation, the review of estimates of repair, laws governing deceptive trade practices relating to the repair of motor vehicles and the fees for the licensure of garages;
4. Identify and analyze any problems within the industry of motor vehicle repair and make recommendations to the department, the division and the legislature to address the problems through governmental regulation or private industry, or both;
5. Provide information to the division concerning the development of a program to provide information to the general public pursuant to the provisions of section 25 of this act;
6. Advise the division and the department on methods to investigate consumer complaints relating to the repair of motor vehicles;
7. Identify, study and monitor the available sources within each community for mediation and arbitration of such complaints and report its findings and recommendations to the division for the establishment of an effective and complete system of mediation and arbitration; and
8. Submit to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature a report that summarizes the activities of the advisory board and any recommendations made by the advisory board.
κ1997 Statutes of Nevada, Page 1372 (CHAPTER 390, AB 472)κ
Sec. 13. NRS 487.070 is hereby amended to read as follows:
487.070 1. The department may approve or reject the application and, if approved, shall issue to the applicant:
(a) A license containing the applicants name, address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
(b) A card which:
(1) Contains the information specified in paragraph (a);
(2) Includes a picture of the licensee; and
(3) Clearly identifies the holder of the card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers , [and] body shops [.] and garages.
3. A license expires on December 31 of the year for which it is issued.
4. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in NRS 487.080.
Sec. 14. NRS 487.080 is hereby amended to read as follows:
487.080 1. The fee for issuance or renewal of an automobile wreckers license is $300.
2. Fees collected must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers , [and] body shops [.] and garages.
Sec. 15. NRS 487.450 is hereby amended to read as follows:
487.450 1. The department shall charge and collect a fee of $300 for the issuance or renewal of a license to operate a salvage pool.
2. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers , [and] body shops [,] and garages which is hereby created in the state general fund. Money in the account may be used only for the administration of NRS 487.002, 487.045 to 487.200, inclusive, and 487.400 to 487.690, inclusive [.] , and sections 2 to 10, inclusive, of this act.
Sec. 16. NRS 487.475 is hereby amended to read as follows:
487.475 1. A card authorizing a dealer of new or used motor vehicles or a rebuilder to bid to purchase a vehicle from an operator of a salvage pool must contain:
(a) The dealers or rebuilders name and signature;
(b) His business name;
(c) His business address;
(d) His business license number issued by the department; and
(e) A picture of the dealer or rebuilder.
2. A dealer or rebuilder may obtain one or two cards for his business.
3. The department shall charge a fee of $50 for each card issued.
κ1997 Statutes of Nevada, Page 1373 (CHAPTER 390, AB 472)κ
4. A card issued pursuant to this section expires on December 31 of the year in which it was issued. The dealer or rebuilder must submit to the department an application for renewal accompanied by a renewal fee of $25 for each card. The application must be made on a form provided by the department and contain such information as the department requires.
5. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers , [and] body shops [.] and garages.
Sec. 17. NRS 487.630 is hereby amended to read as follows:
487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by such proof as the department requires to [evidence] demonstrate that the applicant meets the statutory requirements to [become an operator of] operate a body shop.
2. The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers , [and] body shops [.] and garages.
3. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
4. Upon receipt of the license, the operator shall display the license number prominently in the body shop and include the license number on all estimates and invoices for repairs.
5. A license expires on December 31 of the year for which it is issued.
6. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in subsection 2.
Sec. 18. NRS 487.700 is hereby amended to read as follows:
487.700 1. The department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. [All] Except as otherwise provided in subsection 3, all administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer [to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.] for credit to the state general fund.
3. The department may delegate to a hearing officer or panel its authority to impose and collect administrative fines pursuant to subsection 1 and deposit the money collected with the state treasurer for credit to the account for regulation of salvage pools, automobile wreckers, body shops and garages.
4. In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
κ1997 Statutes of Nevada, Page 1374 (CHAPTER 390, AB 472)κ
any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 19. NRS 597.480 is hereby amended to read as follows:
597.480 As used in NRS 597.480 to 597.590, inclusive, unless the context otherwise requires:
1. Garage [means any business establishment, sole proprietorship, firm, corporation, association or other legal entity that engages in the business of repairing motor vehicles.
2. Garageman means any person who owns, operates, controls or manages a garage.] has the meaning ascribed to it in section 4 of this act.
2. Garageman has the meaning ascribed to it in section 5 of this act.
3. Motor vehicle means:
(a) A motorcycle as defined in NRS 482.070;
(b) A motortruck as defined in NRS 482.073 if [its] the gross weight of the vehicle [weight] does not exceed 10,000 pounds;
(c) A passenger car as defined in NRS 482.087;
(d) A mini motor home as defined in NRS 482.066;
(e) A motor home as defined in NRS 482.071; and
(f) A recreational vehicle as defined in NRS 482.101.
4. Person authorizing repairs means a person who uses the services of a garage. The term includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance.
[5. Repair or repairing includes modifying and performing maintenance work on motor vehicles, but does not include lubrication or oil change, repairing or changing tires, or replacing batteries, wiper blades, fan belts or other minor accessories.]
Sec. 20. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 25, inclusive, of this act.
Sec. 21. As used in sections 21 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 22 and 23 of this act have the meanings ascribed to them in those sections.
Sec. 22. Department means the department of motor vehicles and public safety.
Sec. 23. Division means the consumer affairs division of the department of business and industry.
Sec. 24. 1. The division and the department shall cooperate to enhance the protection of persons who authorize the repair of motor vehicles by a garage that is registered with the department pursuant to the provisions of sections 2 to 10, inclusive, of this act.
2. The commissioner of consumer affairs may provide to the department a copy of any complaint filed with the division that alleges a deceptive trade practice pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, by a garage or garageman registered pursuant to the provisions of sections 2 to 10, inclusive, of this act. If the commissioner provides the department with a copy of a complaint, the department is subject to the provisions of NRS 598.098 with respect to the complaint.
κ1997 Statutes of Nevada, Page 1375 (CHAPTER 390, AB 472)κ
3. The department may provide assistance to the division in carrying out the provisions of section 25 of this act.
Sec. 25. The division shall:
1. Establish and maintain a toll-free telephone number for persons to report to the division information concerning alleged violations of NRS 487.035, 597.480 to 597.590, inclusive, and 598.0903 to 598.0999, inclusive, and sections 2 to 10, inclusive, of this act.
2. Develop a program to provide information to the public concerning:
(a) The duties imposed on a garageman by the provisions of NRS 487.035 and 597.480 to 597.590, inclusive, and sections 2 to 10, inclusive, of this act;
(b) The rights and protections established for a person who uses the services of a garage;
(c) The repair of motor vehicles; and
(d) Deceptive trade practices relating to the repair of motor vehicles by a garage.
Sec. 26. NRS 598.0915 is hereby amended to read as follows:
598.0915 A person engages in a deceptive trade practice [when] if, in the course of his business or occupation , he:
1. Knowingly passes off goods or services as those of another.
2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services.
3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another.
4. Uses deceptive representations or designations of geographic origin in connection with goods or services.
5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.
6. Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.
7. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if he knows or should know that they are of another.
8. Disparages the goods, services or business of another by false or misleading representation of fact.
9. Advertises goods or services with intent not to sell them as advertised.
10. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.
11. Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell goods or services to the sales personnel applicant.
12. Makes false or misleading statements of fact concerning the price of goods or services, or the reasons for, existence of or amounts of price reductions.
κ1997 Statutes of Nevada, Page 1376 (CHAPTER 390, AB 472)κ
13. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the provision of goods or services.
Sec. 27. Section 3 of Assembly Bill No. 134 of this session is hereby amended to read as follows:
Sec. 3. NRS 487.070 is hereby amended to read as follows:
487.070 1. The department may approve or reject the application and, if approved, shall issue to the applicant:
(a) A license containing the applicants name [,] and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
(b) A card which:
(1) Contains the information specified in paragraph (a);
(2) Includes a picture of the licensee; and
(3) Clearly identifies the holder of the card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.
3. A license expires on [December 31 of the year for which it is issued.] April 30 of each year.
4. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in NRS 487.080.
Sec. 28. Section 7 of Assembly Bill No. 134 of this session is hereby amended to read as follows:
Sec. 7. NRS 487.630 is hereby amended to read as follows:
487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by such proof as the department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.
2. The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.
3. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
κ1997 Statutes of Nevada, Page 1377 (CHAPTER 390, AB 472)κ
4. Upon receipt of the license, the operator shall display the license number prominently in the body shop and include the license number on all estimates and invoices for repairs.
5. A license expires on [December 31 of the year for which it is issued.] April 30 of each year.
6. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in subsection 2.
Sec. 29. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 30. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 31. 1. This section and sections 1 to 10, inclusive, and 13 to 30, inclusive, of this act become effective upon passage and approval.
2. Sections 11 and 12 of this act become effective upon passage and approval for the purpose of appointing members to the advisory board on the repair of motor vehicles and on July 1, 1997, for all other purposes, and expire by limitation on July 1, 1999.
________
Assembly Bill No. 471Assemblymen Krenzer, Herrera, Collins, Evans, Perkins, Amodei, Manendo, Williams, Chowning, Freeman, Hickey, Mortenson, Hettrick, Sandoval, Cegavske, Price, Close, Ohrenschall, Buckley, Bache, Parks, Lee, Humke, Giunchigliani, Marvel, Goldwater, Lambert, Braunlin, Koivisto, Gustavson, Nolan, Arberry, Carpenter, Segerblom, de Braga, Ernaut, Dini, Tiffany, Von Tobel, Berman, Anderson and Neighbors
CHAPTER 391
AN ACT relating to dentistry; requiring the board of dental examiners of Nevada to issue a restricted license to practice dentistry to certain persons; defining the scope of such a license; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the board shall, without examination, issue a restricted license to practice dentistry to a person who:
(a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;
κ1997 Statutes of Nevada, Page 1378 (CHAPTER 391, AB 471)κ
(b) Has received a degree from a dental school or college accredited by the American Dental Association Commission on Dental Accreditation, or its successor organization;
(c) Has at least 5 years of clinical experience obtained after receiving such a degree; and
(d) Has entered into a contract with a facility approved by the health division of the department of human resources to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license.
2. The board shall not issue a restricted license to a person:
(a) Who has failed to pass the examination of the board;
(b) Who has been refused a license in this state, another state or territory of the United States or the District of Columbia; or
(c) Whose license to practice dentistry has been revoked in this state, another state or territory of the United States or the District of Columbia.
3. A person to whom a restricted license is issued pursuant to subsection 1:
(a) May perform dental services only:
(1) Under the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division of the department; and
(2) In accordance with the contract required pursuant to paragraph (d) of that subsection.
(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.
4. A person who receives a restricted license must pass the examination of the board within 1 year after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.
5. The board may revoke a restricted license at any time.
Sec. 2. NRS 631.270 is hereby repealed.
________
κ1997 Statutes of Nevada, Page 1379κ
Assembly Bill No. 470Committee on Natural Resources, Agriculture, and Mining
CHAPTER 392
AN ACT relating to wildlife; requiring the board of wildlife commissioners to adopt regulations establishing a program for the issuance of special incentive elk tags; authorizing the board to adopt regulations establishing a program for the issuance of special incentive deer tags; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The commission shall adopt regulations to establish a program pursuant to which the division will issue special incentive elk tags. The regulations must:
(a) Set forth the application and annual review processes for the issuance of special incentive elk tags.
(b) Require that an application for a special incentive elk tag be accompanied by:
(1) The fee charged for an elk tag pursuant to NRS 502.250; and
(2) Any administrative fee charged in connection with the issuance of an elk tag pursuant to this chapter.
(c) Provide for the issuance of a special incentive elk tag only to a person who:
(1) Lawfully owns, leases or manages private land within an actual elk use area; and
(2) If that private land blocks reasonable access to adjacent public land, provides reasonable access through the private land to allow a person or hunting party possessing a valid elk tag to hunt elk on the adjacent public land.
(d) Establish criteria for the issuance of special incentive elk tags based upon:
(1) The percentage of private land controlled by the applicant;
(2) The portion of the population of elk above the target level for elk established by the land management agency; and
(3) Limiting the number of special incentive elk tags issued in each calendar year to not more than one-half of the bull elk tags issued in that calendar year,
within the actual elk use area in the unit or units of the management area or areas in which the private land is located.
(e) Provide that special incentive elk tags are valid for both sexes of elk.
(f) Prohibit a person who has, within a particular calendar year, applied for or received compensation pursuant to NRS 504.165 as reimbursement for damage caused by elk to private land from applying, within the same calendar year, for a special incentive elk tag for the same private land.
κ1997 Statutes of Nevada, Page 1380 (CHAPTER 392, AB 470)κ
(g) Allow a group of owners, lessees and managers of private land to qualify for a special incentive elk tag for their combined lands.
(h) Ensure that the issuance of special incentive elk tags will not result in the number of bull elk tags issued in any year being reduced to a number below the quota for bull elk tags established by the commission for 1997.
(i) Provide that a person to whom a special incentive elk tag is issued by the commission pursuant to this section may:
(1) If he holds a valid hunting license issued by this state, use the special incentive elk tag himself; or
(2) Sell the special incentive elk tag to another person who holds a valid hunting license issued by this state at any price upon which the parties mutually agree.
(j) Require that a person who is issued a special incentive elk tag hunt:
(1) During the open season for elk.
(2) In the unit or units within the management area or areas in which the private land is located.
(k) Provide for the appointment of an arbitration panel to resolve disputes between persons who apply for special incentive elk tags and the division regarding the issuance of such tags.
2. As used in this section, actual elk use area means an area in which elk live, as identified and designated by the division.
Sec. 3. 1. The commission may adopt regulations establishing a program pursuant to which the division may issue special incentive deer tags to owners, lessees and managers of private land in this state for use on the private land of such owners, lessees or managers.
2. The regulations must:
(a) Require that the owner, lessee or manager who is lawfully in control of private land must, before he is issued a special incentive deer tag:
(1) Allow the hunting and viewing of wildlife on his land by the general public; or
(2) Enter into a cooperative agreement with the division to improve deer or other wildlife habitat on his land.
(b) Allow the owner, lessee or manager to sell any special incentive deer tag that he is issued pursuant to the program.
Sec. 4. NRS 504.165 is hereby amended to read as follows:
504.165 1. The commission shall adopt regulations governing the disbursement of money to:
(a) Prevent or mitigate damage to private property and privately maintained improvements; and
(b) Compensate persons for grazing reductions and the loss of stored and standing crops,
caused by elk or game mammals not native to this state.
2. The regulations must contain:
(a) Requirements for the eligibility of those persons claiming damage to private property or privately maintained improvements to receive money or materials from the division, including a requirement that such a person enter into a cooperative agreement with the administrator for purposes related to this Title.
κ1997 Statutes of Nevada, Page 1381 (CHAPTER 392, AB 470)κ
(b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this state and to determine the value of a loss claimed if the person claiming the loss and the division do not agree on the value of the loss.
(c) Procedures for the use on private property of materials purchased by the state to prevent damage caused by elk or game mammals not native to this state.
(d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 and 504.175.
3. The regulations must:
(a) Provide for the payment of money or other compensation to cover the costs of labor and materials necessary to prevent or mitigate damage to private property and privately maintained improvements caused by elk or game mammals not native to this state.
(b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to section 1 of this act from applying, within the same calendar year, for compensation pursuant to this section for the same private land.
4. Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which he is seeking compensation was caused solely by elk or game mammals not native to this state.
Sec. 5. This act becomes effective on July 1, 1997.
________
Assembly Bill No. 654Committee on Ways and Means
CHAPTER 393
AN ACT relating to state financial administration; extending the prospective date for the reversion of the appropriation made during the previous session to the Nevada Commissioner for Veteran Affairs for improvements to veterans cemeteries; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 278, Statutes of Nevada 1995, at page 459, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1997,] 1998, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval or on June 29, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 1382κ
Assembly Bill No. 460Committee on Health and Human Services
CHAPTER 394
AN ACT relating to labor; requiring the department of employment, training and rehabilitation and the department of human resources to enter into an interlocal agreement to provide job placement services to employers and recipients of benefits provided pursuant to the program to provide temporary assistance for needy families; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 2. Board means the governors workforce development board created by the governor pursuant to an executive order signed on September 1, 1996.
Sec. 3. Program means the program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to temporary assistance for needy families.
Sec. 4. Recipient means a person who receives benefits pursuant to the program and:
1. Is at least 18 years of age; or
2. Has not received a certificate of attendance pursuant to NRS 389.015, high school diploma or general equivalency diploma and is not enrolled in a secondary school.
Sec. 5. 1. To ensure that the services provided by the department of employment, training and rehabilitation and the department of human resources are not duplicative, the director of the department of employment, training and rehabilitation and the director of the department of human resources shall, on or before October 31, 1997, enter into an interlocal agreement pursuant to the requirements set forth in NRS 277.180 to provide job placement services for employers and recipients in this state.
2. The board shall make recommendations to the director of the department of employment, training and rehabilitation and the director of the department of human resources concerning the provisions of the interlocal agreement. The director of the department of employment, training and rehabilitation and the director of the department of human resources shall consider the recommendations of the board before entering into the interlocal agreement.
Sec. 6. The interlocal agreement must include provisions that set forth:
1. Notwithstanding the provisions of NRS 422.270, the manner in which the department of employment, training and rehabilitation shall assist the welfare division of the department of human resources to:
(a) Make assessments required pursuant to 42 U.S.C. § 608 of the skills, prior work experience and employability of recipients;
κ1997 Statutes of Nevada, Page 1383 (CHAPTER 394, AB 460)κ
(b) Establish written plans for personal responsibility for recipients as set forth in 42 U.S.C. § 608; and
(c) Encourage recipients to expand their future opportunities for employment by continuing their education.
2. The manner in which the department of human resources and the department of employment, training and rehabilitation shall coordinate the provision of services to employers, including, but not limited to:
(a) The referral of the names of recipients to employers for employment;
(b) The establishment and maintenance of a list of jobs for distribution to recipients;
(c) Classroom training that is designed for the specific requirements of an employer for employees who, on the date of hire, were receiving benefits pursuant to the program;
(d) On-the-job training for employees who, on the date of hire, were receiving benefits pursuant to the program;
(e) Assistance for employees in obtaining skills necessary for continued employment and self-sufficiency for employees who, on the date of hire, were receiving benefits pursuant to the program; and
(f) Assessments of the skills and prior work experience of recipients.
3. The manner in which the department of human resources and the department of employment, training and rehabilitation shall coordinate the distribution of information to recipients concerning programs for job training and other services, including, but not limited to, information relating to programs established:
(a) By the welfare division of the department of human resources;
(b) By the department of employment, training and rehabilitation; and
(c) Pursuant to the Job Training Partnership Act (29 U.S.C. §§ 1501 et seq.).
4. Standards to determine whether this state is complying with the provisions of federal law that require a reduction in spending for benefits provided pursuant to the program.
Sec. 7. 1. The department of human resources may apply for and accept any gifts, grants or contributions from any private source to assist the department in carrying out the provisions of sections 2 to 8, inclusive, of this act.
2. Upon receipt of those gifts, grants or contributions, the department of human resources shall deposit the money received in an account in a bank or other financial institution in this state. The director of the department of human resources shall administer the account.
3. The money in the account must be used only to promote the job placement service and other employment services available to employers and recipients, including, but not limited to, the preparation, publication and distribution of brochures and pamphlets that describe the services and incentives available to employers and recipients.
4. Any disbursements from the account by the director of the department of human resources must be approved by director of the department of employment, training and rehabilitation.
5. The board may make recommendations to the director of the department of human resources and the director of the department of employment, training and rehabilitation concerning the use of the money in the account.
κ1997 Statutes of Nevada, Page 1384 (CHAPTER 394, AB 460)κ
employment, training and rehabilitation concerning the use of the money in the account. The director of the department of human resources and the director of the department of employment, training and rehabilitation shall consider the recommendations of the board concerning the use of the money in the account.
6. The director of the department of human resources shall make reasonable efforts to return to all contributors, on a pro rata basis, any money remaining in the account on June 30, 1999, that is not committed for expenditure.
Sec. 8. 1. The director of the department of human resources and the director of the department of employment, training and rehabilitation shall develop a plan to encourage employers to employ recipients.
2. The board shall make recommendations to the director of the department of human resources and the director of the department of employment, training and rehabilitation concerning the development of the plan. The director of the department of employment, training and rehabilitation and the director of the department of human resources shall consider the recommendations of the board before developing the plan.
3. The plan must include a procedure to provide information to employers in this state relating to:
(a) The services described in subsection 2 of section 6 of this act; and
(b) The recipients who have obtained jobs and have successfully maintained those jobs.
Sec. 9. This act becomes effective on July 1, 1997, and expires by limitation on July 1, 1999.
________
Assembly Bill No. 442Committee on Transportation
CHAPTER 395
AN ACT relating to the department of motor vehicles and public safety; eliminating the fee for changing the address on a drivers license or identification card; making various changes to identification cards; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.410 is hereby amended to read as follows:
483.410 1. Except as otherwise provided in subsection 6, for every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
A license issued to a person 65 years of age or older...................... $14
An original license issued to any other person.................................. 19
A renewal license issued to any other person................................... 19 Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385 40
κ1997 Statutes of Nevada, Page 1385 (CHAPTER 395, AB 442)κ
Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385..................................................................... 40
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385............... 65
A new photograph, change of name, change of other information, except address , or any combination....................................................... 5
A duplicate license................................................................................. 14
2. For every motorcycle endorsement to a drivers license a fee of $5 must be charged.
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees social security number, or a number that was formulated by using the licensees social security number as a basis for the number, to a unique number that is not based on the licensees social security number.
4. The increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.
6. The department may not charge a fee for the reinstatement of a drivers license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Canceled pursuant to NRS 483.310.
7. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
8. Except as otherwise provided in NRS 483.415, all money collected by the department pursuant to this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 2. NRS 483.810 is hereby amended to read as follows:
483.810 The legislature finds and declares that:
1. A need exists in this state for the creation of a system of identification for residents 10 years of age or older who do not hold [a] :
(a) A drivers license [.] ; or
(b) An identification card issued by another state or jurisdiction.
2. To serve this purpose, official identification cards must be prepared for issuance to those residents 10 years of age or older who [wish to] apply and qualify for them. The cards must be designed in such form and distributed pursuant to such controls that they will merit the general acceptability of drivers licenses for personal identification.
Sec. 3. NRS 483.820 is hereby amended to read as follows:
483.820 1. Every resident of this state 10 years of age or older who does not hold a Nevada drivers license or a drivers license or identification card issued by another state or jurisdiction, and [makes an application as provided in this chapter] who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, is entitled to receive an identification card.
κ1997 Statutes of Nevada, Page 1386 (CHAPTER 395, AB 442)κ
card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, is entitled to receive an identification card.
2. The department shall charge and collect the following fees for issuance of an original, duplicate and changed identification card:
An original or duplicate identification card issued to a person 65 years of age or older................................................................................................... $4
An original or duplicate identification card issued to a person under 18 years of age..................................................................................................... 3
An original or duplicate identification card issued to any other person 9
A new photograph [,] or change of name [, change of address or any combination] , or both................................................................... 4
3. The department shall not charge a fee for an identification card issued to a person who has voluntarily surrendered his drivers license pursuant to NRS 483.420.
Sec. 4. NRS 483.850 is hereby amended to read as follows:
483.850 1. Every application for an identification card must be made upon a form provided by the department and include:
(a) The applicants full name.
(b) His social security number, if any.
(c) His date of birth.
(d) His state of legal residence.
(e) His current address.
(f) A statement that he does not possess a valid Nevada drivers license [.] or a drivers license or identification card issued by another state or jurisdiction.
2. When the form is completed, the applicant shall sign the form and verify the contents before a person authorized to administer oaths.
3. At the time of applying for an identification card, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
4. A person who possesses a drivers license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the department the drivers license or identification card issued by the other state or jurisdiction at the time he applies for an identification card pursuant to this section.
Sec. 5. NRS 483.870 is hereby amended to read as follows:
483.870 1. An identification card once issued remains valid so long as the [person does not become licensed to drive a motor vehicle and the] facts and circumstances declared in the application and stated [in] on the card do not change. An identification card must be surrendered upon issuance of a drivers license.
2. The holder of an identification card shall promptly report any change in the information declared in the application and stated in the card to the department.
κ1997 Statutes of Nevada, Page 1387 (CHAPTER 395, AB 442)κ
3. Any change occurring in the holders address or name as the result of marriage or otherwise or any loss of an identification card must be reported within 10 days after the occurrence to the department.
Sec. 6. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1997.
________
Assembly Bill No. 429Assemblymen Williams, de Braga, Herrera, Arberry, Goldwater, Buckley, Price, Neighbors, Freeman, Segerblom, Manendo, Berman, Bache, Amodei, Ohrenschall, Giunchigliani, Koivisto, Braunlin, Parks, Lambert, Perkins, Tiffany, Hickey, Evans, Krenzer, Cegavske, Sandoval, Mortenson, Collins, Ernaut, Hettrick and Chowning
CHAPTER 396
AN ACT making an appropriation to the Department of Employment, Training and Rehabilitation for the support of programs relating to child care; and providing other matters properly relating thereto.
[Approved July 11, 1997]
Whereas, Impending changes to the laws governing welfare programs will require participating families to enter the work force when their children are only 1 year of age, and a shortage of high-quality, affordable child care for these children is imminent; and
Whereas, The availability of quality care during early childhood is the recognized antidote for many social ills that plague children living in poverty, whether they are the children of undereducated parents or the children of the working poor; and
Whereas, Intervention during early childhood is more cost-effective than welfare programs or other types of intervention later in life; and
Whereas, The Turnabout AmeriCorps Child Care Program in Fallon, Nevada, has successfully met the need for high-quality, affordable child care for nearly 100 infants and toddlers over the past 2 years; and
Whereas, The program has seen 6 parents graduate from high school, 7 parents receive a GED, 16 families remain enrolled in a basic education program, and 17 families reduce or avoid welfare support and stay in the workplace; and
Whereas, By investing $40,000 in the Fallon program, the State of Nevada will receive approximately $125,000 from the federal AmeriCorps Program, 90 percent of which is in the form of taxable wages or living allowances; and
Whereas, The provision of child care to families with low incomes through programs such as the Turnabout AmeriCorps Child Care Program in Fallon results in tremendous savings for the State of Nevada by providing a source of high-quality, affordable child care at rates far below the current market rates; and
κ1997 Statutes of Nevada, Page 1388 (CHAPTER 396, AB 429)κ
Whereas, Longitudinal studies show a savings of $7 for every $1 spent on quality programs during early childhood, indicating a total savings of approximately $750,000 for the taxpayers of the State of Nevada during the past 2-year operation of the Fallon program; and
Whereas, The Turnabout AmeriCorps Child Care Program has been the subject of professional evaluation for the past 2 years, and the result of this objective evaluation by experts is a recommendation that the program be replicated in other communities; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Employment, Training and Rehabilitation the sum of $319,000 for the establishment and support of programs relating to the provision of child care throughout this state.
2. The Department shall grant the money appropriated by subsection 1 to persons and governmental entities in this state for such purposes as the Department determines will expand the availability of child care throughout this state, including, but not limited to, expenses relating to the training of persons to become child care providers, the refurbishment or expansion of existing child care facilities and the establishment of new child care facilities.
3. Of the money appropriated in subsection 1, the Department shall grant $40,000 to the Turnabout AmeriCorps Child Care Program in Fallon, Nevada, if matching money or services, or a combination of both, is provided by the federal AmeriCorps program. In addition, the Department may contract with the Turnabout AmeriCorps Child Care Program to assist in the establishment of similar child care programs in other areas of the state.
4. The Department may not use more than $29,000 of the money appropriated in subsection 1 for the cost of administering the provisions of this section.
5. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 1389κ
Assembly Bill No. 123Committee on Government Affairs
CHAPTER 397
AN ACT relating to the legislative counsel bureau; requiring the legislative counsel to prepare and publish a register of certain information related to administrative regulations; requiring the legislative counsel to make available on the Internet the information contained in the register; requiring the legislative counsel to include in the Nevada Administrative Code a citation of authority for each section contained therein; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Secs. 1-6. (Deleted by amendment.)
Sec. 7. Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. The legislative counsel shall prepare and publish or cause to be prepared and published a register of administrative regulations. The register must include the following information regarding each permanent regulation adopted by an agency:
(a) The proposed and adopted text of the regulation and any revised version of the regulation;
(b) The notice of intent to act upon the regulation set forth in NRS 233B.0603;
(c) The written notice of adoption of the regulation required pursuant to NRS 233B.064;
(d) The informational statement required pursuant to NRS 233B.066; and
(e) The effective date of the regulation, as determined pursuant to NRS 233B.070.
In carrying out the duties set forth in this subsection, the legislative counsel may use the services of the state printing division of the department of administration.
2. The legislative counsel shall publish the register not less than 10 times per year but not more than once every 2 weeks.
3. The register must be provided to and maintained by:
(a) The secretary of state;
(b) The attorney general;
(c) The supreme court law library;
(d) The state library and archives;
(e) Each county clerk;
(f) Each county library; and
(g) The legislative counsel bureau.
4. The legislative counsel may sell an additional copy of the register to any person or governmental entity that requests a copy, at a price which does not exceed the cost of publishing the additional copy.
κ1997 Statutes of Nevada, Page 1390 (CHAPTER 397, AB 123)κ
5. The legislative counsel is immune from civil liability which may result from failure to include any information in the register.
Sec. 9. 1. The legislative counsel shall, without charge, make available for access on the Internet or its successor, if any, the information contained in the register of administrative regulations created pursuant to section 8 of this act. The legislative counsel may determine the manner in which this information is compiled and must revise the information at least as often as the register is published pursuant to section 8 of this act.
2. This section must not be construed to require the legislative counsel to provide any equipment or service that would enable a person to access the Internet.
Sec. 10. NRS 233B.0603 is hereby amended to read as follows:
233B.0603 1. The notice of intent to act upon a regulation must:
(a) Include:
(1) A statement of the need for and purpose of the proposed regulation.
(2) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved.
(3) A statement of the estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:
(I) Both adverse and beneficial effects; and
(II) Both immediate and long-term effects.
(4) The estimated cost to the agency for enforcement of the proposed regulation.
(5) A description of any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.
(6) If the regulation is required pursuant to federal law, a citation and description of the federal law.
(7) If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions.
(8) The time when, the place where [,] and the manner in which [,] interested persons may present their views regarding the proposed regulation.
(b) State each address at which the text of the proposed regulation may be inspected and copied.
(c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.
(d) Include a statement indicating whether the regulation establishes [any] a new fee or increases an existing fee.
(e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for that purpose.
(f) Be submitted to the legislative counsel bureau for inclusion in the register of administrative regulations created pursuant to section 8 of this act.
κ1997 Statutes of Nevada, Page 1391 (CHAPTER 397, AB 123)κ
act. The publication of a notice of intent to act upon a regulation in the register does not satisfy the requirements for notice set forth in paragraph (e) of this subsection.
2. The attorney general may by regulation prescribe the form of notice to be used . [, which must be distributed]
3. In addition to distributing the notice to each recipient of the agencys regulations [. The] , the agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.
Sec. 11. NRS 233B.062 is hereby amended to read as follows:
233B.062 1. It is the policy of this state that every regulation of an agency be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy:
(a) The attorney general shall develop guidelines for drafting regulations; and
(b) Every permanent regulation must be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, [citation of authority,] any signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation must be distributed in the same manner as the Nevada Administrative Code.
2. The legislative commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.
Sec. 12. NRS 233B.064 is hereby amended to read as follows:
233B.064 1. An agency shall not adopt, amend or repeal a permanent regulation until it has received from the legislative counsel the approved or revised text of the regulation in the form to be adopted. The agency shall immediately notify the legislative counsel in writing of the date of adoption of each regulation adopted.
2. Upon adoption of any regulation, the agency, if requested to do so by an interested person, either [prior to] before adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.
Sec. 13. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall cause to be included in the Nevada Administrative Code the [date] :
(a) Date on which an agency last completed a review of its regulations pursuant to paragraph (e) of subsection 1 of NRS 233B.050 [.] ; and
(b) Citation of authority pursuant to which the agency adopted each section of a permanent regulation.
3. The legislative counsel shall prepare or cause the superintendent of the state printing division of the department of administration to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time.
κ1997 Statutes of Nevada, Page 1392 (CHAPTER 397, AB 123)κ
are required from time to time. A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the state librarian for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
4. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.
5. Each agency shall reimburse the legislative counsel bureau and the state printing division of the department of administration for their respective costs in preparing and keeping current that agencys portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
Sec. 14. The amendatory provisions of sections 11 and 13 of this act apply only to permanent regulations adopted on or after July 1, 1997.
Sec. 15. 1. This section and sections 7, 8, 9, 12 and 14 of this act, become effective on October 1, 1997.
2. Sections 10, 11 and 13 of this act become effective at 12:01 a.m. on October 1, 1997.
________
Assembly Bill No. 17Committee on Government Affairs
CHAPTER 398
AN ACT relating to taxation; authorizing the use of proceeds from the real property transfer tax for the development of affordable housing; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 375.070 is hereby amended to read as follows:
375.070 1. The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter in the following manner:
(a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the state treasurer who shall deposit that amount in the account for low-income housing created pursuant to NRS 319.500.
κ1997 Statutes of Nevada, Page 1393 (CHAPTER 398, AB 17)κ
the state treasurer who shall deposit that amount in the account for low-income housing created pursuant to NRS 319.500.
(b) The remaining proceeds must be transmitted to the county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund and apportion the remainder as follows:
(1) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(2) If there are two or more cities in the county, among the cities in proportion to their respective populations.
2. If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.
3. In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.
4. The expenses authorized by subsection 3 include, but are not limited to:
(a) The costs to acquire land and developmental rights;
(b) Related predevelopment expenses;
(c) The costs to develop the land, including the payment of related rebates;
(d) Contributions toward down payments made for the purchase of affordable housing; and
(e) The creation of related trust funds.
________
κ1997 Statutes of Nevada, Page 1394κ
Assembly Bill No. 466Assemblymen Krenzer, Evans, Arberry, Hettrick, Manendo, Price, Cegavske, Sandoval, Mortenson, Collins, Chowning, Ernaut, Anderson, Lambert, Parks, Braunlin, Koivisto, Tiffany, Hickey, Lee, Carpenter, Goldwater, Herrera, Williams, Buckley, Neighbors, Giunchigliani, Von Tobel, Berman, Ohrenschall, Amodei, Perkins and Close
CHAPTER 399
AN ACT relating to industrial insurance; authorizing employers to request medical examinations of injured workers; requiring in certain counties that a test of an injured worker for the use of alcohol or a controlled substance be performed pursuant to national standards; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616C.140 is hereby amended to read as follows:
616C.140 1. Any employee who is entitled to receive compensation under chapters 616A to 616D, inclusive, of NRS shall, if:
(a) Requested by the insurer [;] or employer; 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 division.
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 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.
4. The employee is entitled to have a physician or chiropractor, provided and paid for by him, present at any such examination.
5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs 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.
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. 2. NRS 616C.230 is hereby amended to read as follows:
616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS for an injury:
(a) Caused by the employees willful intention to injure himself.
(b) Caused by the employees willful intention to injure another.
κ1997 Statutes of Nevada, Page 1395 (CHAPTER 399, AB 466)κ
(c) Proximately caused by the employees intoxication. 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.
(d) Proximately caused by the employees use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2. For the purposes of paragraphs (c) and (d) [, the] of subsection 1:
(a) The affidavit of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employees system. If the affidavit is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
[2.] (b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance:
(1) If the laboratory that conducts the testing is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory must be certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and
(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.
3. 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.] 4. 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.] 5. An injured employees 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
(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. 3. This act becomes effective on July 1, 1999.
________
κ1997 Statutes of Nevada, Page 1396κ
Senate Bill No. 235Senator McGinness
CHAPTER 400
AN ACT making an appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for the establishment and maintenance of a branch office in Mineral County; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety for the creation and maintenance of a branch office of the department in Mineral County:
For the fiscal year 1997-1998.................................................... $127,489
For the fiscal year 1998-1999.................................................... $128,556
Sec. 2. Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1997.
________
Senate Bill No. 266Senators Titus and Wiener
CHAPTER 401
AN ACT relating to hazardous materials; revising provisions governing highly hazardous substances; prohibiting certain acts relating to the regulation of hazardous materials; authorizing a program to prevent and minimize the consequences of the accidental release of hazardous substances; providing a penalty; and providing other matters properly relating thereto.
[Approved July 11, 1997]
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, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this section apply to a regulated facility that produces, uses, stores or handles a highly hazardous substance in a quantity:
(a) Equal to or greater than the amount set forth in NRS 459.3816; or
(b) Less than the amount set forth in NRS 459.3816 if there are two or more releases from the regulated facility of the same or different highly hazardous substances during any 12-month period and:
(1) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
κ1997 Statutes of Nevada, Page 1397 (CHAPTER 401, SB 266)κ
(2) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the state environmental commission.
2. A regulated facility described in paragraph (b) of subsection 1 is exempt from complying with the provisions of NRS 459.380 to 459.3874, inclusive, and this section if:
(a) The division determines that the regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 8 of NRS 459.3852; and
(2) Complied with such other provisions of NRS 459.380 to 459.3874, inclusive, and this section, and the regulations adopted pursuant thereto, as the division requires; and
(b) The regulated facility obtains an exemption from the state environmental commission. The state environmental commission shall adopt by regulation the procedures for obtaining such an exemption.
3. As used in this section, highly hazardous substance means any substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto.
Sec. 3. 1. The state department of conservation and natural resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The state environmental commission may adopt such regulations as it determines are necessary to establish and carry out such a program. The regulations must:
(a) Establish a list of hazardous substances and the quantities thereof that will be regulated pursuant to the program.
(b) Provide that the provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to the program.
(c) Provide that a person who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition to any penalty that may apply pursuant to section 4 of this act, subject to a civil administrative penalty not to exceed $10,000 per day of the violation, and that each day on which the violation continues constitutes a separate and distinct violation. Any penalty imposed pursuant to this paragraph may be recovered with costs in a summary proceeding by the attorney general.
3. The division of environmental protection of the state department of conservation and natural resources:
(a) Shall carry out and enforce the provisions of the program.
(b) May enter into cooperative agreements with other agencies of this state for the enforcement of specific provisions of the program.
4. The division of environmental protection of the state department of conservation and natural resources may compromise and settle any claim for any penalty under this section in such amount in the discretion of the division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator.
κ1997 Statutes of Nevada, Page 1398 (CHAPTER 401, SB 266)κ
If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
5. If a person violates any regulation adopted pursuant to subsection 2, or the provisions of NRS 459.3824, 459.3826 or 459.3828, the division of environmental protection of the state department of conservation and natural resources may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
Sec. 4. 1. A person subject to the regulations adopted by the state department of conservation and natural resources pursuant to section 3 of this act shall not knowingly:
(a) Violate any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. A person who violates subsection 1 shall be punished by a fine of not more than $10,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.
Sec. 5. NRS 459.3808 is hereby amended to read as follows:
459.3808 Hazard means a characteristic of a:
1. Highly hazardous substance designated as such in NRS 459.3816 [;] or any regulations adopted pursuant thereto;
2. System involving the use of such a highly hazardous substance;
3. Manufacturing plant using or producing a highly hazardous substance; or
4. Process relating to a highly hazardous substance,
which makes possible a chemical accident.
Sec. 6. NRS 459.3814 is hereby amended to read as follows:
459.3814 The provisions of NRS 459.380 to 459.3874, inclusive, and section 2 of this act do not apply to:
1. The transportation of any hazardous substances within or through this state which 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.] § 7412(r).
Sec. 7. NRS 459.3816 is hereby amended to read as follows:
459.3816 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:
κ1997 Statutes of Nevada, Page 1399 (CHAPTER 401, SB 266)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Acetaldehyde......................................... 75-07-0.................................................. 2500
Acrolein (2-Propenal)............................ 107-02-8..................................................... 150
[Acrytyl] Acrylyl Chloride.................... 814-68-6..................................................... 250
Allyl Chloride.......................................... 107-05-1.................................................. 1000
Allylamine............................................... 107-11-9.................................................. 1500
Alkylaluminums.................................... None.................................................. 5000
Ammonia, Anhydrous.......................... 7664-41-7.................................................. 5000
Ammonia solutions (44% ammonia by weight) ......................................... 7664-41-7 10000
Ammonium Perchlorate....................... 7790-98-9.................................................. 7500
Ammonium Permanganate................. 7787-36-2.................................................. 7500
Arsine (also called Arsenic Hydride).. 7784-42-1..................................................... 100
Bis (Chloromethyl) Ether..................... 542-88-1..................................................... 100
Boron Trichloride................................... 10294-34-5.................................................. 2500
Boron Trifluoride................................... 7637-07-2..................................................... 250
Bromine................................................... 7726-95-6.................................................. 1500
Bromine Chloride.................................. 13863-41-7.................................................. 1500
Bromine Pentafluoride......................... 7789-30-2.................................................. 2500
Bromine Trifluoride............................... 7787-71-5................................................ 15000
3-Bromopropyne (also called Propargyl Bromide) ........................................... 106-96-7 7500
Butyl Hydroperoxide (Tertiary).......... 75-91-2.................................................. 5000
Butyl Perbenzoate (Tertiary)............... 614-45-9.................................................. 7500
Carbonyl Chloride (see Phosgene)...... 75-44-5..................................................... 100
Carbonyl Fluoride.................................. 353-50-4.................................................. 2500
Cellulose Nitrate (concentration 12.6% Nitrogen) ......................................... 9004-70-0 2500
Chlorine................................................... 7782-50-5.................................................. 1500
Chlorine Dioxide.................................... 10049-04-4.................................................. 1000
Chlorine Pentafluoride.......................... 13637-63-3.................................................. 1000
Chlorine Trifluoride............................... 7790-91-2.................................................. 1000
Chlorodiethylaluminum (also called Diethylaluminum Chloride)........................................... 96-10-6.................................................. 5000
1-Chloro-2,4-Dinitrobenzene............... 97-00-7.................................................. 5000
Chloromethyl Methyl Ether................. 107-30-2..................................................... 500
Chloropicrin............................................ 76-06-2..................................................... 500
Chloropicrin and Methyl Bromide mixture .................................................. None 1500
Chloropicrin and Methyl Chloride mixture .................................................. None 1500
Cumene Hydroperoxide....................... 80-15-9.................................................. 5000
Cyanogen................................................ 460-19-5.................................................. 2500
Cyanogen Chloride............................... 506-77-4..................................................... 500
Cyanuric Fluoride.................................. 675-14-9 100 Diacetyl Peroxide (concentration 70%)................................... 110-22-5..................................... 5000
κ1997 Statutes of Nevada, Page 1400 (CHAPTER 401, SB 266)κ
Diacetyl Peroxide (concentration 70%) ........................................... 110-22-5 5000
Diazomethane........................................ 334-88-3..................................................... 500
Dibenzoyl Peroxide............................... 94-36-0.................................................. 7500
Diborane.................................................. 19287-45-7..................................................... 100
Dibutyl Peroxide (Tertiary).................. 110-05-4.................................................. 5000
Dichloro Acetylene................................ 7572-29-4..................................................... 250
Dichlorosilane......................................... 4109-96-0.................................................. 2500
Diethylzinc.............................................. 557-20-0................................................ 10000
Diisopropyl Peroxydi carbonate [105-64-8] 105-64-6.................................................. 7500
Dilauroyl Peroxide................................. 105-74-8.................................................. 7500
Dimethyl Sulfide.................................... 75-18-3..................................................... 100
Dimethyldichlorosilane......................... 75-78-5.................................................. 1000
Dimethylhydrazine, 1.1-....................... 57-14-7.................................................. 1000
Dimethylamine, Anhydrous................ 124-40-3.................................................. 2500
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration 60%) ......................................... 1338-23-4 5000
Ethyl Nitrite............................................. 109-95-5.................................................. 5000
Ethylamine............................................. 75-04-7.................................................. 7500
Ethylene Fluorohydrin.......................... 371-62-0..................................................... 100
Ethylene Oxide....................................... 75-21-8.................................................. 5000
Ethyleneimine........................................ 151-56-4.................................................. 1000
Fluorine.................................................... 7782-41-4.................................................. 1000
Formaldehyde (concentration 90%).. 50-00-0.................................................. 1000
Furan........................................................ 110-00-9..................................................... 500
Hexafluoroacetone............................... 684-16-2.................................................. 5000
Hydrochloric Acid, Anhydrous........... 7647-01-0.................................................. 5000
Hydrofluoric Acid, Anhydrous............ 7664-39-3.................................................. 1000
Hydrogen Bromide................................ 10035-10-6.................................................. 5000
Hydrogen Chloride................................ 7647-01-0.................................................. 5000
Hydrogen Cyanide, Anhydrous.......... 74-90-8.................................................. 1000
Hydrogen Fluoride................................. 7664-39-3.................................................. 1000
Hydrogen Peroxide (52% by weight or more) ......................................... 7722-84-1 7500
Hydrogen Selenide................................ 7783-07-5..................................................... 150
Hydrogen Sulfide................................... 7783-06-4.................................................. 1500
Hydroxylamine...................................... 7803-49-8.................................................. 2500
Iron, Pentacarbonyl-............................. 13463-40-6..................................................... 250
Isopropyl Formate................................. 625-55-8..................................................... 500
Isopropylamine...................................... 75-31-0.................................................. 5000
Ketene...................................................... 463-51-4..................................................... 100
Methacrylaldehyde............................... 78-85-3.................................................. 1000
Methacryloyl Chloride.......................... 920-46-7..................................................... 150
Methacryloyloxyethyl Isocyanate..... 30674-80-7..................................................... 100
Methyl Acrylonitrile.............................. 126-98-7..................................................... 250
Methylamine, Anhydrous.................... 74-89-5.................................................. 1000
Methyl Bromide..................................... 74-83-9............... 2500 Methyl Chloride ................................ 74-87-3 15000
κ1997 Statutes of Nevada, Page 1401 (CHAPTER 401, SB 266)κ
Methyl Chloride..................................... 74-87-3................................................ 15000
Methyl Chloroformate......................... 79-22-1..................................................... 500
Methyl Disulfide.................................... 624-92-0..................................................... 100
Methyl Ethyl Ketone Peroxide (concentration 60%) ......................................... 1338-23-4 5000
Methyl Fluoroacetate........................... 453-18-9..................................................... 100
Methyl Fluorosulfate............................ 421-20-5..................................................... 100
Methyl Hydrazine................ [80-34-4] 60-34-4..................................................... 100
Methyl Iodide......................................... 74-88-4.................................................. 7500
Methyl Isocyanate................................ 624-83-9..................................................... 250
Methyl Mercaptan................................ 74-93-1.................................................. 5000
Methyl Vinyl Ketone............................. 78-94-4..................................................... 100
Methyltrichlorosilane............................ 75-79-6..................................................... 500
Nickel Carbonyl (Nickel Tetracarbonyl) ...................................... 13463-39-3 150
Nitric Acid (94.5% by weight or greater) ......................................... 7697-37-2 500
Nitric Oxide............................................. 10102-43-9..................................................... 250
Nitroaniline (para Nitroaniline)........... 100-01-6.................................................. 5000
Nitromethane......................................... 75-52-5.................................................. 2500
Nitrogen Dioxide.................................... 10102-44-0..................................................... 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3) ...................................... 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen Peroxide) ...................................... 10544-72-6 250
Nitrogen Trifluoride............................... 7783-54-2.................................................. 5000
Nitrogen Trioxide................................... 10544-73-7..................................................... 250
Oleum (65% [to 80% by weight;] or greater by weight of sulfur trioxide; also called Fuming Sulfuric Acid)............................ [8014-94-7] 8014-95-7.................................................. 1000
Osmium Tetroxide................................. 20816-12-0..................................................... 100
Oxygen Difluoride (Fluorine Monoxide) ......................................... 7783-41-7 100
Ozone....................................................... 10028-15-6..................................................... 100
Pentaborane........................................... 19624-22-7..................................................... 100
Peracetic Acid (also called Peroxyacetic Acid) ............................................. 79-21-0 5000
Perchloric Acid (concentration 60%). 7601-90-3.................................................. 5000
Perchloromethyl Mercaptan................ 594-42-3..................................................... 150
Perchloryl Fluoride................................. 7616-94-6.................................................. 5000
Peroxyacetic Acid (concentration 60%; also called Peracetic Acid)................................. 79-21-0.................................................. 5000
Phosgene (also called Carbonyl Chloride) ............................................. 75-44-5 100
Phosphine (Hydrogen Phosphide)...... 7803-51-2..................................................... 100
Phosphorus Oxychloride (also called Phosphoryl Chloride)........................................... 10025-87-3.................................................. 1000
Phosphorus Trichloride......................... 7719-12-2 1000 Phosphoryl Chloride (also called Phosphorus Oxychloride)... 10025-87-3..................................... 1000
κ1997 Statutes of Nevada, Page 1402 (CHAPTER 401, SB 266)κ
Phosphoryl Chloride (also called Phosphorus Oxychloride).................................... 10025-87-3.................................................. 1000
Propargyl Bromide................................ 106-96-7.................................................. 7500
Propyl Nitrate........................ [627-3-4] 627-13-4.................................................. 2500
Sarin......................................................... 107-44-8..................................................... 100
Selenium Hexafluoride......................... 7783-79-1.................................................. 1000
Stibine (Antimony Hydride)................ 7803-52-3..................................................... 500
Sulfur Dioxide (liquid)........................... 7446-09-5.................................................. 1000
Sulfur Pentafluoride.............................. 5714-22-7..................................................... 250
Sulfur Tetrafluoride............................... 7783-60-0..................................................... 250
Sulfur Trioxide (also called Sulfuric Anhydride) ......................................... 7446-11-9 1000
Sulfuric Anhydride (also called Sulfur Trioxide) ......................................... 7446-11-9 1000
Tellurium Hexafluoride........................ 7783-80-4..................................................... 250
Tetrafluoroethylene.............................. 116-14-3.................................................. 5000
Tetrafluorohydrazine............................ 10036-47-2.................................................. 5000
Tetramethyl Lead.................................. 75-74-1.................................................. 7500
Thionyl Chloride.................................... 7719-09-7..................................................... 250
Titanium Tetrachloride........................ 7550-45-0.................................................. 2500
Trichloro(chloromethyl) Silane........... 1558-25-4..................................................... 100
Trichloro(dichlorophenyl) Silane [21737-85-5] 27137-85-5.......................................... 2500
Trichlorosilane........................................ 10025-78-2.................................................. 5000
Trifluorochloroethylene........................ 79-38-9................................................ 10000
Trimethyoxysilane................................ 2487-90-3.................................................. 1500
2. The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry , shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 8. NRS 459.3846 is hereby amended to read as follows:
459.3846 1. The person who conducted the assessment shall prepare and provide to the division and the facility a written report of assessment of the risk through analysis of the hazard, which must use as its standard the best available technology for control and must include findings, conclusions and recommendations.
2. The report must be written in a format that will permit its publication. To the extent that any portion of the report requires discussion of trade secrets, that information must be contained in a severable addendum to the report. In writing the report, the person who conducted the assessment shall, while protecting trade secrets, include in the publishable portion of the report sufficient information, in clear and comprehensible nontechnical language, to enable a member of the public to understand the significance of the reports findings, conclusions and recommendations.
κ1997 Statutes of Nevada, Page 1403 (CHAPTER 401, SB 266)κ
publishable portion of the report sufficient information, in clear and comprehensible nontechnical language, to enable a member of the public to understand the significance of the reports findings, conclusions and recommendations.
3. A plan or report required pursuant to 42 U.S.C. § 7412(r), or any regulations adopted pursuant thereto, that is substantially equivalent to the report required pursuant to subsections 1 and 2 shall be deemed to satisfy the requirements of subsections 1 and 2.
4. A trade secret is entitled to protection under this section only if:
(a) The registrant of the facility has not disclosed the information to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the registrant has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the registrant; and
(d) The chemical identity of a substance, if that is the trade secret, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
Sec. 9. NRS 459.705 is hereby amended to read as follows:
459.705 1. Every person who transports in a motor vehicle upon the highways of this state hazardous materials which are required to be placarded in accordance with federal law shall, pursuant to regulations of the department:
(a) Obtain from the division a permit to transport the hazardous materials.
(b) Submit each motor vehicle used to transport the hazardous materials for an inspection pursuant to the regulations of the department as to the safety of the vehicle to transport hazardous materials.
2. [The] Except as otherwise provided in subsection 3, the department shall adopt regulations concerning such permits. The regulations may require that the permit or a legible copy of the permit be carried in the drivers compartment of the motor vehicle at all times while the vehicle is used to transport hazardous materials.
3. The department shall not adopt any regulation requiring such a permit or requiring recordkeeping for the purposes of such a permit for a motor vehicle unless the motor vehicle is actually used to transport hazardous material:
(a) Of a type and amount for which a vehicle transporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
(b) Of a type and amount for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R. Part 262;
(c) Which is transported in bulk packaging, as defined in 49 C.F.R. § 171.8; or
(d) Identified as a hazardous material pursuant to NRS 459.710.
κ1997 Statutes of Nevada, Page 1404 (CHAPTER 401, SB 266)κ
4. In addition to complying with the provisions of this section and any regulations adopted pursuant thereto, the division shall comply with the provisions of NRS 459.707 and 459.708 if an application is submitted for a permit to transport radioactive waste.
Sec. 10. 1. This section and sections 1, 2 and 7 of this act become effective upon passage and approval.
2. Sections 3 to 6, inclusive, 8 and 9 of this act become effective on October 1, 1997.
________
Senate Bill No. 293Committee on Natural Resources
CHAPTER 402
AN ACT relating to the division of agriculture of the department of business and industry; requiring the administrator of the division to appoint a person to manage the activities of the division pertaining to natural resources, land use planning and the management and control of wild horses and estrays; providing that the person appointed is in the unclassified service; providing his duties; making an appropriation; and providing other matters properly relating thereto.
[Approved July 11, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall appoint a person to manage the activities of the division pertaining to natural resources, land use planning and the management and control of wild horses and estrays. The person must be appointed on the basis of merit and is in the unclassified service. The administrator may remove the person from office with the approval of the board.
2. The person appointed shall:
(a) Establish and carry out a policy for the management and control of estrays and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this state.
(b) Develop cooperative agreements and working relationships with federal and state agencies and local governments for land use planning and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this state.
(c) Cooperate with private organizations and governmental agencies to develop procedures and policies for the management and control of wild horses.
(d) Monitor gatherings of estrays conducted pursuant to the provisions of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors in identifying estrays before they are sold or given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031.
κ1997 Statutes of Nevada, Page 1405 (CHAPTER 402, SB 293)κ
(e) Provide the general public with information relating to the activities of the division and solicit recommendations from the general public and advisory groups concerning those activities.
(f) Make assessments of the level of competition between livestock and wildlife for food and water, collect data concerning the movement of livestock and perform activities necessary to control noxious weeds.
(g) Participate in land use planning relating to the competition for food and water between livestock and wildlife to ensure the maintenance of the habitat of both livestock and wildlife.
(h) Present testimony, conduct research and prepare reports for the governor, the legislature, the administrator and any other person or governmental entity as directed by the administrator.
(i) Develop and carry out a program to educate the public concerning the various programs administered by the division, including programs for the management and control of estrays.
(j) Make proposals to the administrator for the amendment of the regulations adopted by the board pursuant to NRS 561.105.
(k) Perform such other duties as directed by the administrator.
3. As used in this section:
(a) Estray has the meaning ascribed to it in NRS 569.005.
(b) Wild horse has the meaning ascribed to it in NRS 504.430.
Sec. 2. The person appointed pursuant to section 1 of this act is entitled to receive a salary of not more than $50,000 per year for fiscal years 1997-1998 and 1998-1999.
Sec. 3. 1. There is hereby appropriated from the state general fund to the division of agriculture of the department of business and industry for the costs to carry out the provisions of this act:
For the fiscal year 1997-1998...................................................................... $86,924
For the fiscal year 1998-1999...................................................................... $79,162
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 1406κ
Assembly Bill No. 262Committee on Ways and Means
CHAPTER 403
AN ACT relating to professions; revising the provisions governing the practice of architects, registered interior designers, residential designers, professional engineers and landscape architects in groups; clarifies provision regarding annual requirement of continuing education for architects, interior designers and residential designers; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Architects, registered interior designers, residential designers, professional engineers and landscape architects may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed, if control and two-thirds ownership of the business organization or association is held by persons registered or licensed in this state pursuant to the applicable provisions of this chapter, chapter 623A or chapter 625 of NRS.
2. If a partnership, corporation, limited-liability company or other form of business organization or association wishes to practice pursuant to the provisions of this section, it must:
(a) Demonstrate to the board that it is in compliance with all provisions of this section.
(b) Pay the fee for a certificate of registration pursuant to NRS 623.310.
(c) Qualify to do business in this state.
(d) If it is a corporation, register with the board and furnish to the board a complete list of all stockholders when it first files with the board and annually thereafter within 30 days after the annual meeting of the stockholders of the corporation, showing the number of shares held by each stockholder.
(e) If it is a partnership, limited-liability company or other form of business organization or association, register with the board and furnish to the board such information analogous to that required by paragraph (d) as the board may prescribe by regulation.
3. A partnership, corporation, limited-liability company or other form of business organization or association practicing under the provisions of this section may not perform, promote or advertise the services of a registrant or licensee unless that registrant or licensee is an owner of the business organization or association.
4. As used in this section, control means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a business organization or association.
κ1997 Statutes of Nevada, Page 1407 (CHAPTER 403, AB 262)κ
Sec. 2. NRS 623.350 is hereby amended to read as follows:
623.350 1. [This chapter does not prevent firms, partnerships, corporations or associations of architects, registered interior designers, professional engineers and landscape architects, or any combination thereof, from practicing as such, if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered or licensed pursuant to the applicable provisions of this chapter, chapter 623A or chapter 625 of NRS.
2.] Every office or place of business of any [firm,] partnership, corporation , limited-liability company or other business organization or association engaged in the practice of architecture [must] pursuant to the provisions of section 1 of this act shall have an architect who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and directly responsible for the administration of the architectural work conducted in the office or place of business.
[3.] The provisions of this subsection [2] do not apply to [firms,] partnerships, corporations , limited-liability companies or other business organization or associations engaged in the practice of architecture at offices established for construction administration.
2. A registrant or licensee practicing in a business organization or association which holds a certificate issued pursuant to section 1 of this act remains subject to NRS 89.220.
3. If a person who is not registered or licensed, or a registrant or licensee who is not an owner, and who is employed by or affiliated with a business organization or association which holds a certificate issued pursuant to section 1 of this act is found by the board to have violated a provision of this chapter or a regulation of the board, the board may hold the business organization or association and the registrants and licensees who are owners responsible for the violation.
Sec. 3. NRS 623A.250 is hereby amended to read as follows:
623A.250 1. A firm, partnership, corporation or association may engage in the practice of landscape architecture if:
[1.] (a) All work is under the supervision and direction of a certificate holder;
[2.] (b) The name or names of all certificate holders appear in the name of the firm, partnership, corporation or association;
[3.] (c) The name of the certificate holder appears on all papers or documents used in the practice of landscape architecture; and
[4.] (d) All instruments of service are signed by the certificate holder.
2. Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with section 1 of this act, join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.
κ1997 Statutes of Nevada, Page 1408 (CHAPTER 403, AB 262)κ
Sec. 4. NRS 625.261 is hereby amended to read as follows:
625.261 1. Except as otherwise provided in this section:
(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full time at least one professional engineer or professional land surveyor, respectively, at each place of business where such work is or will be performed; and
(b) All engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full time at that particular place of business.
2. If the only professional engineer or professional land surveyor employed full time at a place of business where engineering or land-surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:
(a) The place of business is not required to employ full time a professional engineer or professional land surveyor; and
(b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full time at that place of business.
3. Except as otherwise provided in subsection [4:] 5:
(a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline at a particular place of business shall employ full time at that place of business a professional engineer licensed in that discipline.
(b) Each person who holds himself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full time a professional engineer licensed in that discipline.
4. Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with section 1 of this act, join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.
5. The provisions of this section do not apply to a firm, partnership, corporation or other person who:
(a) Practices professional engineering for his benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons; or
(b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.
Sec. 5. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
A city or county building inspector, or other officer performing the functions of that position, shall notify the state board of architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:
κ1997 Statutes of Nevada, Page 1409 (CHAPTER 403, AB 262)κ
interior design and residential design in writing if a registered architect, interior designer or residential designer:
1. Submits plans for a project which are substantially incomplete; or
2. Submits plans for the same project which are rejected by the city or county officer at least three times.
Sec. 6. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
A public body shall notify the state board of architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:
1. Submits plans for a project which are substantially incomplete; or
2. Submits plans for the same project which are rejected by the public body at least three times.
Sec. 7. Section 1 of Assembly Bill No. 105 of this session is hereby amended to read as follows:
Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:
The board may, by regulation, require each architect, interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter to complete not more than 12 hours per year of continuing education as a condition to the renewal of his certificate.
Sec. 8. 1. This section and section 7 become effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
2. Sections 1, 3, 5 and 6 become effective on October 1, 1997.
3. Sections 2 and 4 of this act become effective at 12:01 a.m. on October 1, 1997.
________
Assembly Bill No. 611Committee on Taxation
CHAPTER 404
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to impose the tax on sales of items purchased by this state and local governments for resale to the public; contingently imposing analogous taxes on such sales; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 3, 1998, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
κ1997 Statutes of Nevada, Page 1410 (CHAPTER 404, AB 611)κ
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 3, 1998, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA,
DO ENACT AS FOLLOWS:
Section 1. Section 14 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 765, is hereby amended to read as follows:
Sec. 14. Seller includes every person , the State of Nevada, its unincorporated agencies and instrumentalities, any county, city, district or other political subdivision of this state engaged in the business of selling tangible personal property of a kind, the gross receipts from the retail sale of which are required to be included in the measure of the sales tax.
Sec. 2. Section 50 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 771, is hereby amended to read as follows:
Sec. 50. 1. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property to:
[1.] (a) The United States, its unincorporated agencies and instrumentalities.
[2.] (b) Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.
[3.] (c) The State of Nevada, its unincorporated agencies and instrumentalities.
[4.] (d) Any county, city, district or other political subdivision of this state.
2. Except as otherwise provided in subsection 2, there are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property by:
(a) The State of Nevada, its unincorporated agencies and instrumentalities.
(b) Any county, city, district or other political subdivision of this state.
κ1997 Statutes of Nevada, Page 1411 (CHAPTER 404, AB 611)κ
3. The provisions of subsection 2 do not apply to the sale of items of tangible personal property which are purchased by the governmental entity for resale to the public.
Sec. 3. Section 3 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 763, is hereby repealed.
Sec. 4. This act becomes effective on January 1, 1999.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to impose the sales and use tax upon items purchased by this state or by a local government or local governmental agency for resale to the public by the governmental entity?
Yes ¨............. No ¨
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would impose the tax upon the gross receipts from the sale of tangible personal property purchased by the state or a local government or local governmental agency for resale to the public.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1999. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted by a majority of those registered voters.
Sec. 9. NRS 374.075 is hereby amended to read as follows:
374.075 Seller includes every person , the State of Nevada, its unincorporated agencies and instrumentalities, any county, city, district or other political subdivision of this state engaged in the business of selling tangible personal property of a kind, the gross receipts from the retail sale of which are required to be included in the measure of the sales tax.
Sec. 10. NRS 374.330 is hereby amended to read as follows:
374.330 1. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property to:
κ1997 Statutes of Nevada, Page 1412 (CHAPTER 404, AB 611)κ
[1.] (a) The United States, its unincorporated agencies and instrumentalities.
[2.] (b) Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.
[3.] (c) The State of Nevada, its unincorporated agencies and instrumentalities.
[4.] (d) Any county, city, district or other political subdivision of this state.
2. Except as otherwise provided in subsection 3, there are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property by:
(a) The State of Nevada, its unincorporated agencies and instrumentalities.
(b) Any county, city, district or other political subdivision of this state.
3. The provisions of subsection 2 do not apply to the sale of items of tangible personal property which are purchased by the governmental entity for resale to the public.
Sec. 11. Sections 9 and 10 of this act become effective on January 1, 1999, only if the proposal submitted pursuant to sections 1 to 5, inclusive, of this act is approved by the voters at the general election on November 3, 1998.
________
Senate Bill No. 476Committee on Human Resources and Facilities
CHAPTER 405
AN ACT relating to private education; revising provisions governing surety bonds required of certain private postsecondary educational institutions; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 394.443 is hereby amended to read as follows:
394.443 A postsecondary educational institution shall:
1. Post in a conspicuous place a notice supplied by the administrator stating that grievances may be submitted to the administrator for resolution.
2. Issue a receipt to all students, and retain a copy, for all money paid to the institution.
3. Submit an annual report to the commission on forms it supplies. The report must include, without limitation, the annual income received by the institution from tuition.
Sec. 2. NRS 394.480 is hereby amended to read as follows:
394.480 1. Each postsecondary educational institution initially licensed on or after July 1, 1995, [and] each postsecondary educational institution or other entity not licensed in this state which is authorized to employ one or more agents in this state, and each licensed postsecondary educational institution which is adding a facility at a new location shall file with the administrator a surety bond in the amount of $10,000.
κ1997 Statutes of Nevada, Page 1413 (CHAPTER 405, SB 476)κ
institution which is adding a facility at a new location shall file with the administrator a surety bond in the amount of $10,000. Except when a surety is released, the surety bond must cover:
(a) The period of the initial license to operate, including any provisional period;
(b) The period of the agents permit; or
(c) A period ending 2 years after the completion of the facility at the new location,
as appropriate.
2. A licensed postsecondary educational institution shall file with the administrator a surety bond in the amount of $100,000 or 25 percent of the annual income of the institution received from tuition as reported in its annual report to the commission, whichever is greater, if:
(a) The institution participates in a program pursuant to the provisions of Subchapter IV of Chapter 28 of Title 20 of the United States Code (20 U.S.C. §§ 1070 et seq.); and
(b) In any year, the default rate of the institution published by the Secretary of Education pursuant to those provisions exceeds the maximum allowable default rate prescribed by federal law or by the Secretary of Education pursuant to federal law.
Except when a surety is released, the bond must cover a period ending 2 years after the date on which the default rate of the institution is published as exceeding the maximum allowable rate.
3. The bond required of a postsecondary educational institution pursuant to subsections 1 and 2 must be executed by the institution or other entity as principal and by a surety company as surety. The bond must be payable to the State of Nevada and must be conditioned to provide indemnification to any student, enrollee or his parent or guardian, determined by the commission to have suffered damage as a result of any act by the postsecondary educational institution that is a violation of NRS 394.383 to 394.560, inclusive. The bonding company shall provide indemnification upon receipt of written notice of the determination by the commission. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety does not exceed the penal sum of the bond.
[2. Except when a surety is released, the surety bond must cover the period of the initial license to operate, including any provisional period, or the agents permit, as appropriate.
3.] 4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days written notice to the administrator, but the release does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary educational institution or agent alleged to have occurred while the bond was in effect, [nor] or for an institutions ceasing operations during the term for which tuition had been paid while the bond was in force.
[4.] 5. A license or an agents permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section. The administrator shall give the institution or agent, or both, at least 20 days written notice before the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
κ1997 Statutes of Nevada, Page 1414 (CHAPTER 405, SB 476)κ
agent, or both, at least 20 days written notice before the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
[5.] 6. If any student is entitled to a refund from an institution pursuant to any provision of NRS 394.383 to 394.560, inclusive, the surety shall provide indemnification.
________
Assembly Bill No. 613Committee on Taxation
CHAPTER 406
AN ACT relating to taxation; clarifying and expanding the procedures available for collection of taxes; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
The county clerk, immediately upon the filing of the application and certificate pursuant to NRS 360.420, shall enter a judgment for the State of Nevada against the person liable for the payment in the amount required to be paid, together with any penalties and interest due as set forth in the certificate. The department shall serve a copy of the judgment, together with the application and the certificate, upon the person against whom the judgment is entered, either by personal service or by mailing a copy to his last known address as it appears in the records of the department.
Sec. 2. NRS 360.100 is hereby amended to read as follows:
360.100 The department shall:
1. [Make] On or before January 15 of each year, prepare and publish [an annual report for each fiscal year, showing its] a report that shows the transactions and proceedings [for such year.
2. Furnish] of the department which took place during the immediately preceding fiscal year.
2. Upon request, furnish to the governor [, from time to time when requested by him,] statements showing the assessed value of [the taxable] property within or taxable by the State of Nevada and its political subdivisions.
Sec. 3. NRS 360.245 is hereby amended to read as follows:
360.245 1. All decisions of the executive director or other officer of the department made pursuant to subsection 2 of NRS 360.130 are final unless appealed to the tax commission as provided by law. Any natural person, partnership, corporation, association or other business or legal entity may so appeal by filing a notice of appeal with the department within [20] 30 days after service of the decision upon that person or business or legal entity.
κ1997 Statutes of Nevada, Page 1415 (CHAPTER 406, AB 613)κ
2. Service of the decision must be made personally or by certified mail. If service is made by certified mail:
(a) The decision must be enclosed in an envelope which is addressed to the taxpayer at his address as it appears in the records of the department.
(b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.
3. The Nevada tax commission, as head of the department, may review all other decisions made by the executive director and may reverse, affirm or modify them.
Sec. 4. NRS 360.300 is hereby amended to read as follows:
360.300 1. If a person fails to file a return or the department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the state by any person, in accordance with the applicable provisions of NRS 482.313, this chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585, 590 or 680B of NRS as administered or audited by the department, it may compute and determine the amount required to be paid upon the basis of:
(a) The facts contained in the return;
(b) Any information within its possession or that may come into its possession; or
(c) Reasonable estimates of the amount.
2. One or more deficiency determinations may be made [of] with respect to the amount due for one or for more than one period.
3. In making its determination of the amount required to be paid, the department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.
4. The department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of a persons failure to file a return with the department.
5. When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.
Sec. 5. NRS 360.417 is hereby amended to read as follows:
360.417 Unless a different penalty or rate of interest is specifically provided [,] by statute, any person who fails to pay any tax provided for in chapter 362, 364A, 365, 369, 370, 372, 373 , [or] 374 , 377, 377A, 444A or 585 of NRS, or fee provided for in NRS 482.313 or 590.700 to 590.920, inclusive, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.
κ1997 Statutes of Nevada, Page 1416 (CHAPTER 406, AB 613)κ
Sec. 6. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the administrator finds that an employer within the provisions of NRS 616B.633:
(a) Has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS; or
(b) Has provided and secured such compensation but has failed to maintain that compensation,
he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers claim fund.
2. If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.
3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by a determination made pursuant to this section , or pursuant to NRS 360.300 with respect to industrial insurance, may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
4. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:
(a) For the first offense, guilty of a gross misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.
Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 7. 1. This section and sections 1, 2 and 3 of this act become effective on July 1, 1997.
2. Sections 4 and 5 of this act become effective at 12:01 a.m. on July 1, 1997.
3. Section 6 of this act becomes effective at 12:01 a.m. on July 1, 1999.
________
κ1997 Statutes of Nevada, Page 1417κ
Assembly Bill No. 286Committee on Commerce
CHAPTER 407
AN ACT relating to homeopathic medicine; making various changes to provisions governing homeopathic medicine; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630A of NRS is hereby amended by adding thereto a new section to read as follows:
The board shall:
1. Regulate the practice of homeopathic medicine in this state and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this state.
2. Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.
3. License or certify those applicants it finds to be qualified.
4. Investigate, hear and decide all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board, including, without limitation, spinal manipulation, surgery, nursing or allopathic medicine, the board shall refer the complaint to the other licensing board.
Sec. 2. NRS 630A.040 is hereby amended to read as follows:
630A.040 Homeopathic medicine or homeopathy means a system of medicine employing substances of animal, vegetable, chemical or mineral origin, including [nosodes] :
1. Nosodes and sarcodes, which are:
[1.] (a) Given in micro-dosage, except that sarcodes may be given in macro-dosage;
[2.] (b) Prepared according to homeopathic pharmacology by which the formulation of homeopathic preparations is accomplished by the methods of Hahnemannian dilution and succussion [,] or magnetically energized geometric patterns [,] applicable in potencies above 30X , as defined in the official Homeopathic Pharmacopoeia of the United States [, or Korsakoffian; and
3.] ; and
(c) Prescribed by homeopathic physicians or advanced practitioners of homeopathy according to the medicines and dosages in the Homeopathic Pharmacopoeia of the United States,
in accordance with the principle that a substance which produces symptoms in a healthy person can eliminate those symptoms in an ill person . [, resulting in the elimination and prevention of illness utilizing classical methodology and noninvasive electrodiagnosis.]
κ1997 Statutes of Nevada, Page 1418 (CHAPTER 407, AB 286)κ
resulting in the elimination and prevention of illness utilizing classical methodology and noninvasive electrodiagnosis.]
2. Noninvasive electrodiagnosis, cell therapy, neural therapy, herbal therapy, neuromuscular integration, orthomolecular therapy and nutrition.
Sec. 3. NRS 630A.090 is hereby amended to read as follows:
630A.090 1. This chapter does not apply to:
(a) The practice of dentistry, chiropractic, Oriental medicine, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Licensed or certified nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this state, other than on a regular basis, for consultation or assistance to any physician licensed in this state, and who are legally qualified to practice in the state or country where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.
________
Assembly Bill No. 312Committee on Judiciary
CHAPTER 408
AN ACT relating to legal documents; revising provisions that authorize the use of an affidavit to specifically authorize the use of a declaration in lieu of an affidavit; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.310 is hereby amended to read as follows:
50.310 1. The affidavit or declaration of a laboratory director who has qualified in the district court of any county as an expert witness to testify regarding the results of a test of a medical laboratory, is admissible in evidence in any civil, criminal or administrative proceeding to prove:
(a) That the affiant or declarant is a laboratory director.
(b) The results of a test that the medical laboratory is licensed to conduct and which is conducted by the medical laboratory of which the affiant or declarant is the laboratory director.
κ1997 Statutes of Nevada, Page 1419 (CHAPTER 408, AB 312)κ
The affidavit or declaration must contain the evidentiary foundation upon which the results of the test are based, including the description of the test, the personnel involved and the controls employed in conducting the test.
2. As used in this section:
(a) Laboratory director has the meaning ascribed to it in NRS 652.050.
(b) Medical laboratory has the meaning ascribed to it in NRS 652.060.
Sec. 2. NRS 50.315 is hereby amended to read as follows:
50.315 1. Except as otherwise provided in subsections 6 and 7, [a persons] the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That [he] the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath to determine the amount by weight of alcohol in his breath;
(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.
2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The [affiants occupation;] occupation of the affiant or declarant; and
(b) That [he prepared a] the solution or gas [having] has the chemical composition necessary for accurately calibrating it.
3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The [affiants occupation;] occupation of the affiant or declarant;
(b) That on a specified date [he] the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
κ1997 Statutes of Nevada, Page 1420 (CHAPTER 408, AB 312)κ
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal , civil or administrative proceeding to prove:
(a) The occupation of the affiant [;] or declarant;
(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant delivered it.
6. If, at or before the time of the trial, the defendant establishes that:
(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and
(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,
the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.
7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
8. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 3. NRS 50.320 is hereby amended to read as follows:
50.320 1. The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,
is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury.
κ1997 Statutes of Nevada, Page 1421 (CHAPTER 408, AB 312)κ
grand jury. The court shall not sustain any objection to the admission of such an affidavit [.] or declaration.
3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit [.] or declaration.
Sec. 4. NRS 616C.230 is hereby amended to read as follows:
616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS for an injury:
(a) Caused by the employees willful intention to injure himself.
(b) Caused by the employees willful intention to injure another.
(c) Proximately caused by the employees intoxication. 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.
(d) Proximately caused by the employees use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
For the purposes of paragraphs (c) and (d), the affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employees system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
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 employees 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
(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.
κ1997 Statutes of Nevada, Page 1422 (CHAPTER 408, AB 312)κ
Sec. 5. NRS 616C.355 is hereby amended to read as follows:
616C.355 At any time 10 or more days before a scheduled hearing before an appeals officer, the administrator, the manager or the managers designee, a party shall mail or deliver to the opposing party any affidavit or declaration 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 [,] or declaration, mails or delivers to the proponent a request to cross-examine the affiant [,] or declarant, his right to cross-examine the affiant or declarant is waived and the affidavit [,] or declaration, if introduced into evidence, will have the same effect as if the affiant or declarant had given sworn testimony before the appeals officer, the administrator, the manager or the managers designee.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 633Committee on Transportation
CHAPTER 409
AN ACT relating to liens; revising provisions governing liens on abandoned vehicles; making various changes concerning the priority of certain liens; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 487.270 is hereby amended to read as follows:
487.270 1. Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.
2. If the vehicle is appraised at a value of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his lien by retaining the vehicle and obtaining a certificate of ownership thereto or a certificate of dismantling as provided in NRS 487.250.
3. If the vehicle is appraised at a value of more than $500 and is not reclaimed within [90] 45 days, the owner of the garage or automobile wrecker may satisfy his lien, in accordance with the provisions of NRS 108.265 to 108.360, inclusive.
Sec. 2. NRS 108.290 is hereby amended to read as follows:
108.290 1. If property that is the subject of a lien which is acquired as provided in NRS 108.270 to 108.360, inclusive, is the subject of a secured transaction [,] in accordance with the laws of this state, the lien:
(a) In the case of a lien acquired pursuant to NRS 108.315, is a first lien; and
(b) In all other cases, if the amount of the lien:
(1) Does not exceed [$750,] $1,000, is a first lien.
(2) Exceeds [$750,] $1,000, is a second lien.
κ1997 Statutes of Nevada, Page 1423 (CHAPTER 409, AB 633)κ
2. The lien of a landlord may not exceed $2,000 or the total amount due and unpaid for rentals and utilities, whichever is the lesser.
Sec. 3. The amendatory provisions of this act do not apply to a lien that attaches before October 1, 1997.
________
Assembly Bill No. 609Committee on Labor and Management
CHAPTER 410
AN ACT relating to industrial insurance; providing for the electronic transmission of documents related to claims; clarifying the authority of insurers to purchase annuities for the payment of claims; authorizing the manager of the state industrial insurance system to establish a plan for designating small employers for the purposes of establishing their premiums; revising the provisions governing the financial administration of the system; repealing the provisions authorizing the imposition of a surcharge to ensure the solvency of the system; restricting, for a limited period, the manner in which private carriers may determine premiums for insured employers; and providing other matters properly relating thereto.
[Approved July 16, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in chapters 616A to 617, inclusive, of NRS, a form, notice, claim, bill or other document required to be filed, mailed or delivered pursuant to the provisions of those chapters, or any regulations adopted pursuant thereto, may, in the alternative, be filed or delivered by electronic transmission.
2. For the purposes of the provisions of chapters 616A to 617, inclusive, of NRS, and any regulations adopted pursuant thereto, a signature on a form, notice, claim, bill or other document that is filed or delivered by electronic transmission has the same legal effect as the original signature.
3. The administrator may adopt such regulations as are necessary to provide for the filing or delivery of such documents by electronic transmission.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 616A.470 is hereby amended to read as follows:
616A.470 1. Except as otherwise provided in subsection 2, each self-insured employer, association of self-insured public or private employers and private carrier shall compensate the system, the office of the Nevada attorney for injured workers or the hearings division of the department of administration, as appropriate, for all services which the system, the occupational safety and health review board, the Nevada attorney for injured workers, the mediators and the appeals officers provide to those employers . [if the rate is established by a regulation of the system.] The cost of any service [for which a rate is not established by regulation] must be negotiated by the employer, association or private carrier and the system, the Nevada attorney for injured workers or the division, as appropriate, before the employer, association or private carrier is charged for the service.
κ1997 Statutes of Nevada, Page 1424 (CHAPTER 410, AB 609)κ
the Nevada attorney for injured workers or the division, as appropriate, before the employer, association or private carrier is charged for the service.
2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the system, the office of the Nevada attorney for injured workers, the division or other employers.
Sec. 4. Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 10, inclusive, of this act.
Sec. 5. 1. Except as otherwise provided in this section and in NRS 616B.006, 616B.012 and 616B.021, the following records of the system are confidential:
(a) Files of individual claimants and policyholders of the system.
(b) Any reports that contain information that would identify individual claimants and policyholders of the system.
(c) Any proprietary information of the system.
2. The system may disclose such confidential information:
(a) To the governor and any member of his staff authorized to receive such information;
(b) To a member of the legislature and any member of his staff authorized to receive such information;
(c) The administrative director of an executive agency who is otherwise authorized to receive such information pursuant to specific statute or administrative regulation; and
(d) Pursuant to a lawful order issued by a court of competent jurisdiction.
3. A person who obtains such confidential information pursuant to subsection 2 shall not disclose:
(a) The identity of an individual claimant or policyholder of the system; or
(b) Any proprietary information of the system,
except pursuant to a lawful order of a court of competent jurisdiction.
4. As used in this section, proprietary information means any information which, if disclosed to the general public, may result in a competitive disadvantage to the system, including, without limitation:
(a) Rules, criteria and standards for underwriting policies that are applied by the system.
(b) Plans or other documents concerning the marketing or strategic planning of the system.
(c) Data, studies and reports concerning the development of new products or services.
(d) Data that identify the share of the market of the system within each class of risk.
(e) Any worksheets relating to the financial condition of the system, except a financial statement resulting from an audit of the system conducted pursuant to NRS 616B.056 and a final report of an audit conducted by the legislative auditor.
(f) The annual actuarial valuation and report of the soundness of the system prepared pursuant to NRS 616B.056.
κ1997 Statutes of Nevada, Page 1425 (CHAPTER 410, AB 609)κ
Sec. 6. In addition to the authority given the manager to determine and fix premium rates pursuant to NRS 616B.206 and 616B.218 to 616B.230, inclusive, the manager may establish a plan for designating employers insured by the system as small employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the approval of the commissioner, determine and fix the premium rates of those employers pursuant to the plan.
Sec. 7. The manager may establish a plan to review small employers who are insured by the system to encourage such employers to maintain their loss experience at the lowest level possible.
Sec. 8. 1. An insurer may purchase an annuity to ensure the payment of a claim filed with the insurer pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
2. The commissioner shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 9. 1. The account for the administration of extended claims is hereby created in the state insurance fund. The account must be administered by the system and kept as a separate account of the state insurance fund on the records of the system.
2. The assets of the system allocated to the account pursuant to NRS 616B.083 and 680B.060 must be credited to the account.
3. The assets credited to the account must be used solely to satisfy the obligations and liabilities of the state insurance fund for claims for workers compensation that are related to injuries that were incurred before July 1, 1995.
4. Any assessment required to be paid by insurers to fund the account or to pay for the administration of the account must be approved by the legislature.
Sec. 10. 1. The account for the administration of current claims is hereby created in the state insurance fund. The account must be administered by the system and kept as a separate account of the state insurance fund on the records of the system.
2. All assets of the system not otherwise allocated to the account for the administration of extended claims created pursuant to section 9 of this act must be credited to the account for the administration of current claims.
3. The money and assets credited to the account must be used solely to satisfy the obligations and liabilities of the state insurance fund for claims for workers compensation that are related to injuries that are incurred on or after July 1, 1995.
Sec. 11. NRS 616B.012 is hereby amended to read as follows:
616B.012 1. Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons identity.
2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, of NRS.
κ1997 Statutes of Nevada, Page 1426 (CHAPTER 410, AB 609)κ
presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, of NRS.
3. The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The [manager] administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:
(a) Any agency of this or any other state charged with the administration or enforcement of [workers compensation law,] laws relating to industrial insurance, unemployment compensation , [law,] public assistance [law] or labor law [;] and industrial relations;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The department of taxation; and
(e) The state contractors board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of a [workers compensation] program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a [workers compensation program.] program of industrial insurance.
4. Upon written request made by a public officer of a local government, [the manager] an insurer shall furnish from [the records of the insurer,] its records, the name, address and place of employment of any person listed in [the records of the insurer.] its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The [manager] insurer may charge a reasonable fee for the cost of providing the requested information.
5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request [to the manager that he furnish from the records of the insurer,] for the name, address and place of employment of any person listed in the records of [the] an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the [manager shall] administrator shall instruct the insurer to furnish the information requested. [He] Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.
6. The [manager] administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax.
κ1997 Statutes of Nevada, Page 1427 (CHAPTER 410, AB 609)κ
The [manager] administrator may charge a reasonable fee to cover any related administrative expenses.
7. [If the manager or any employee of the manager,] Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders, or [if any person who has obtained] obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, of NRS and uses or permits the use of the list for any political purposes, [he] is guilty of a gross misdemeanor.
8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, of NRS.
Sec. 12. NRS 616B.033 is hereby amended to read as follows:
616B.033 1. Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must contain a provision for the requirements of subsection 5 and a provision that insolvency or bankruptcy of the employer or his estate, or discharge therein, or any default of the employer does not relieve the insurer from liability for compensation resulting from an injury otherwise covered under the policy issued by the insurer.
2. No statement in an employers application for a policy of industrial insurance voids the policy as between the insurer and employer unless the statement is false and would have materially affected the acceptance of the risk if known by the insurer, but in no case does the invalidation of a policy as between the insurer and employer affect the insurers obligation to provide compensation to claimants arising before the cancellation of the policy. If the insurer is required pursuant to this subsection to provide compensation under an invalid policy, the insurer is subrogated to the claimants rights against the employer.
3. If an insurer or employer intends to cancel or renew a policy of insurance issued by the insurer pursuant to chapters 616A to 617, inclusive, of NRS, the insurer or employer must give notice to that effect in writing to the administrator and to the other party fixing the date on which it is proposed that the cancellation or renewal becomes effective. The notices must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the administrator and the other party. If the employer has secured insurance with another insurer which would cause double coverage, the cancellation must be made effective as of the effective date of the other insurance.
4. As between any claimant and the insurer, no defense based on any act or omission of the insured employer, if different from the insurer, may be raised by the insurer.
5. For the purposes of chapters 616A to 617, inclusive, of NRS, as between the employee and the insurer:
(a) Except as otherwise provided in NRS 616C.065, notice or knowledge of the injury to or by the employer is notice or knowledge to or by the insurer;
κ1997 Statutes of Nevada, Page 1428 (CHAPTER 410, AB 609)κ
(b) Jurisdiction over the employer is jurisdiction over the insurer; and
(c) The insurer is bound by and subject to any judgments, findings of fact, conclusions of law, awards, decrees, orders or decisions rendered against the employer in the same manner and to the same extent as the employer.
Sec. 13. NRS 616B.050 is hereby amended to read as follows:
616B.050 1. The state industrial insurance system is hereby established as an independent actuarially funded system to insure employers against liability for injuries and occupational diseases for which their employees may be entitled to receive compensation pursuant to chapters 616A to 616D, inclusive, of NRS or chapter 617 of NRS, and the federal Longshoremens and Harbor Workers Compensation Act. The system may create one or more entities to carry out the business of the system, which may be operated under any legal name in addition to the state industrial insurance system on behalf of the system.
2. The system is a public agency which administers and is supported by the state insurance fund. The executive and legislative departments of the state government shall regularly review the system.
3. The system is entitled but not required to use any services provided to state agencies. Except as otherwise provided for specified positions, its employees are in the classified service of the state.
[4. The official correspondence and records, including financial records, other than the files of individual claimants and policyholders, and the minutes and books of the system are public records and must be available for public inspection.]
Sec. 14. NRS 616B.056 is hereby amended to read as follows:
616B.056 The manager shall:
1. Approve annual and biennial budgets of the system.
2. Approve investment policies of the system.
3. Approve the appointment of investment counselors and custodians of investments.
4. Approve the designation of banks as collection depositories.
5. Approve the appointment of an independent actuary and arrange for an annual actuarial valuation and report of the soundness of the system and the state insurance fund as prepared by the independent actuary.
6. Appoint an independent certified accountant who shall provide an annual audit of the [system] state insurance fund and report to the manager.
7. Before each legislative session, report to the legislature on the operation of the system and any recommendation for legislation which he deems appropriate.
Sec. 15. NRS 616B.065 is hereby amended to read as follows:
616B.065 1. The manager shall select assistant managers [whose appointments are effective upon confirmation by the governor.] who are in the unclassified service of the state and are entitled to receive annual salaries fixed by the manager.
2. The assistant managers shall serve at the pleasure of the manager.
3. The assistant managers must be graduates of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
κ1997 Statutes of Nevada, Page 1429 (CHAPTER 410, AB 609)κ
Sec. 15.5. NRS 616B.068 is hereby amended to read as follows:
616B.068 The manager [and assistant managers are] is in the unclassified service of the state but [are] is entitled to receive an annual [salaries] salary fixed by the governor.
Sec. 16. NRS 616B.083 is hereby amended to read as follows:
616B.083 1. The money and assets held in trust by the system include:
[1.] (a) All premiums and other money paid to the system;
[2.] (b) All property and securities acquired through the use of money in the state insurance fund; and
[3.] (c) All interest and dividends earned upon money in the state insurance fund and deposited or invested as provided in chapters 616A to 616D, inclusive, of NRS.
2. The system shall:
(a) Report to the commissioner only its financial statement and results of operations for the account for current claims in accordance with those accounting principles that are prescribed by the commissioner and applied to other insurers providing coverage for workers compensation.
(b) Discount its reserve for losses for accounting periods beginning on or after July 1, 1995, at a rate determined by the manager, but not to exceed 4 percent.
(c) Allocate to the account for the administration of extended claims created pursuant to section 9 of this act $650,000,000 in invested assets.
Sec. 17. NRS 616B.170 is hereby amended to read as follows:
616B.170 The system may:
1. Use its assets to pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, and to pay salaries, administrative and other expenses.
2. Rent, lease, buy or sell property in the name of the State of Nevada, and construct and repair buildings as necessary to provide facilities for its operations.
3. Sue and be sued in its own name.
4. Enter into contracts relating to the administration of the system.
5. Contract with physicians, chiropractors, hospitals, and facilities for rehabilitation for medical, surgical, and rehabilitative evaluation, treatment, care and nursing of injured persons entitled to benefits from the system.
6. Contract for the services of experts and other specialists as required by the system.
7. Provide for safety inspections and furnish advisory services to policyholders on measures to promote safety and health.
8. Act in collecting and disbursing money necessary to administer and conduct the business of the system.
9. [Adopt regulations relating to the conduct of] Take such actions as are necessary to conduct the business of the system.
10. Hire personnel to accomplish its purposes and operations.
11. Perform all the functions which are necessary or appropriate to carry out the administration of chapters 616A to 617, inclusive, of NRS.
Sec. 18. NRS 616B.188 is hereby amended to read as follows:
616B.188 1. [The system and the rehabilitation division of the department of employment, training and rehabilitation shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.
κ1997 Statutes of Nevada, Page 1430 (CHAPTER 410, AB 609)κ
into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.
2.] The system may enter into agreements with:
(a) Other public agencies and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases; and
(b) Medical facilities or facilities for the dependent to provide services for rehabilitation to patients of such facilities in facilities operated by the system.
[3.] 2. Except as otherwise provided in this subsection, the system may admit to any of its facilities any person:
(a) Who may benefit from its services;
(b) Who has been referred by a physician or chiropractor to receive services for rehabilitation; and
(c) Whose admission is approved by the medical director of the facility.
A person who is not a claimant must not be admitted to a facility if he is terminally ill or referred solely for treatment of abuse of alcohol or drugs.
[4.] 3. In providing services under an agreement entered into pursuant to this section, the system shall give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other persons to provide services for rehabilitation, the system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.
[5.] 4. Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the system may add a reasonable charge for administration of each case.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 616B.203 is hereby amended to read as follows:
616B.203 1. The [manager] administrator shall make available a program, using a videotape cassette or other means of presentation, concerning the rights and responsibilities of employers and employees pursuant to chapters 616A to 617, inclusive, of NRS. The [manager] administrator shall provide written notification concerning the availability of the program to each chamber of commerce in Nevada and to each statewide association for a business or industry. The program must be available to community organizations, businesses, employers and employees upon request.
2. The [manager] administrator shall provide each:
(a) Employer who attends a program, a certificate which certifies that he has completed the program described in subsection 1. The employer shall post the certificate in his business in a place that is readily accessible and visible to his employees.
(b) Employee who attends a program, a card which certifies that he has completed the program described in subsection 1.
κ1997 Statutes of Nevada, Page 1431 (CHAPTER 410, AB 609)κ
Sec. 21. NRS 616B.215 is hereby amended to read as follows:
616B.215 1. Except as otherwise provided in subsection 2:
(a) A principal contractor or an owner of property acting as a principal contractor aggrieved by a letter issued pursuant to NRS 616B.645; or
(b) [An employer aggrieved by a written decision of an employee of the insurer on a matter relating to the employers account; or
(c)] An employer aggrieved by a determination made pursuant to NRS 616C.585,
may appeal from the letter [, decision] or determination by filing a notice of appeal with the administrator within 30 days after the date of the letter [, decision] or determination.
2. An employer shall not seek to remove costs that have been charged to his account by appealing to the administrator any issue that relates to a claim for compensation if the issue was raised or could have been raised [,] before a hearing officer or an appeals officer pursuant to NRS 616C.315 or 616C.345.
3. The decision of the administrator is the final and binding administrative determination of an appeal filed pursuant to this section, and the whole record consists of all evidence taken at the hearing before the administrator and any findings [of fact and conclusions of law] based thereon.
[4. As used in this section, matters relating to an employers account:
(a) Include, but are not limited to, an audit of the employers account and a determination of the appropriate classification of risk for an employers business.
(b) Do not include a revision of premium rates or classifications of employment.]
Sec. 22. NRS 616B.224 is hereby amended to read as follows:
616B.224 1. Every employer [insured by the system] who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals established by [the manager,] his insurer, furnish the [system] insurer with a true and accurate payroll 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
(c) A segregation of employment in accordance with the requirements of the [system,] commissioner,
together with the premium due thereon. The payroll and premium must be furnished to the [system] insurer on or before the date established by the [manager] insurer for the receipt of the payroll and premium.
2. Any employer by agreement in writing with the [manager] insurer may arrange for the payment of premiums in advance at an interval established by the [manager.] insurer.
3. Failure of any employer to comply with the provisions of this section and NRS 616B.218 operates as a rejection of chapters 616A to 616D, inclusive, of NRS, effective at the expiration of the period covered by his estimate. The [manager] insurer shall notify the administrator of each such rejection.
κ1997 Statutes of Nevada, Page 1432 (CHAPTER 410, AB 609)κ
4. 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] insurer 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.
5. The [manager] insurer 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 chapters 616A to 616D, inclusive, of NRS as otherwise provided in those chapters.
6. The system may impose a penalty not to exceed 10 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer insured by the system 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.
7. To the extent permitted by federal law, the [system] insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, of NRS even if an employers debts have been discharged in a bankruptcy proceeding.
Sec. 23. NRS 616B.236 is hereby amended to read as follows:
616B.236 1. Except as otherwise provided in subsection 2, when any premium of an employer [insured by the system as provided in chapters 616A to 616D, inclusive, of NRS] remains unpaid on the date on which it becomes due, as prescribed by NRS 616B.224, it bears interest at the rate of 1 percent for each month or portion of a month thereafter until payment of the premium, plus accrued interest, is received by the [manager.] insurer.
2. The amount of a determination of a deficiency made pursuant to NRS 616D.200 against an employer insured by the system bears interest at the rate of 1 percent for each month or portion of a month from the date on which the determination becomes final until payment of the amount, plus accrued interest, is received by the manager.
Secs. 24 and 25. (Deleted by amendment.)
Sec. 26. NRS 616B.472 is hereby amended to read as follows:
616B.472 1. The commissioner shall suspend the authorization of a private carrier to provide industrial insurance for 1 year [,] if the commissioner finds that the private carrier has intentionally or repeatedly failed to comply with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or the regulations of the division.
2. Before the commissioner suspends the authorization of a private carrier, he shall arrange an informal meeting with the private carrier to discuss and seek correction of any conduct which would be grounds for suspension.
3. Before the suspension of the authorization, the commissioner shall give written notice to the private carrier by certified mail or electronic transmission that its authorization will be suspended within 10 days after it receives the notice unless, within that time, the private carrier corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.
κ1997 Statutes of Nevada, Page 1433 (CHAPTER 410, AB 609)κ
conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.
4. If the private carrier requests a hearing:
(a) The commissioner shall set a date for a hearing within 20 days after receiving the notice of the appeal and shall give the private carrier at least 10 business days notice of the time and place of the hearing.
(b) A record of the hearing must be kept but it need not be transcribed unless requested by the private carrier. The cost of transcription must be charged to the private carrier.
5. Within 5 days after the hearing, the commissioner shall affirm or deny his order suspending the authorization of the private carrier and notify the private carrier by certified mail or electronic transmission of his decision.
6. If the private carrier does not comply with the order of the commissioner during the period of suspension of the authorization, the commissioner shall file an order prohibiting the private carrier from issuing new policies until the order has expired. A copy of the order must be sent by certified mail or electronic transmission to the private carrier.
Sec. 27. NRS 616B.540 is hereby amended to read as follows:
616B.540 1. If an employee of an employer who is insured by the system has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for a disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must not be charged to the employers account if:
(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the employer;
(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
2. 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, the compensation due must not be charged to the employers account.
3. To qualify for the removal of a charge from his account pursuant to this section, the employer must establish by written records that he had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the employer acquired that knowledge.
4. The employer shall notify the manager of any possible claim pursuant to this section as soon as practicable, but not later than 100 weeks after the subsequent injury or death.
5. The manager shall [adopt regulations which] take such actions as are necessary to carry out the requirements of this section.
6. An appeal of any decision made concerning a charge or removal of a charge pursuant to this section must be submitted directly to an appeals officer.
κ1997 Statutes of Nevada, Page 1434 (CHAPTER 410, AB 609)κ
officer. The appeals officer shall hear the appeal within 45 days after the appeal is submitted to him.
7. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented pursuant to NRS 616C.110.
Sec. 28. NRS 616B.630 is hereby amended to read as follows:
616B.630 1. An insurer of a contractor shall notify the state contractors board within 10 days after the contractors coverage has lapsed. [Upon receipt of such notification, the administrator shall notify the state contractors board of the lapse in coverage.]
2. The commissioner shall notify the administrator and the state contractors board within 10 days after a contractors certificate of qualification as a self-insured employer is canceled or withdrawn or he is no longer a member of an association of self-insured public or private employers.
Secs. 29-34. (Deleted by amendment.)
Sec. 35. NRS 616C.005 is hereby amended to read as follows:
616C.005 On or before September 1 of each year [, the] :
1. The system shall distribute to each employer that it insures [and shall make available to physicians and chiropractors,] any form for reporting injuries that has been revised within the previous 12 months.
2. The administrator shall make available to physicians and chiropractors any form for reporting injuries that has been revised within the previous 12 months.
Sec. 36. NRS 616C.005 is hereby amended to read as follows:
616C.005 On or before September 1 of each year:
1. [The system] An insurer shall distribute to each employer that it insures any form for reporting injuries that has been revised within the previous 12 months.
2. The administrator shall make available to physicians and chiropractors any form for reporting injuries that has been revised within the previous 12 months.
Sec. 37. NRS 616C.040 is hereby amended to read as follows:
616C.040 1. A treating physician or chiropractor shall, within 3 working days after he first treats an injured employee for a particular injury, complete and [mail to] file with the employer of the injured employee and [to] the employers insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall [mail] file the claim for compensation [to] with the employers third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, he shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the injured employee and the physician or chiropractor.
κ1997 Statutes of Nevada, Page 1435 (CHAPTER 410, AB 609)κ
signatures of the injured employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request.
2. A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.
3. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the injured employees ability to work.
4. Each physician, chiropractor and medical facility that treats injured employees, each insurer, third-party administrator and employer, and the division shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.
5. The administrator shall impose an administrative fine of not more than $1,000 on a physician or chiropractor for each violation of subsection 1.
Sec. 38. NRS 616C.045 is hereby amended to read as follows:
616C.045 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] file with his insurer or third-party administrator an employers 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;
(c) Contain specific answers to all questions required by the regulations of the administrator; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the injured employee is expected to be off work for 5 days or more.
3. [An employee of the system shall not complete the report required by subsection 1 or any other form relating to the accident on behalf of the employer unless the employer:
(a) Is not in business;
(b) Has not been located by the system within 5 working days after receipt of a claim for compensation; or
(c) Refuses to complete the report.] An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.
4. The administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section.
Sec. 39. NRS 616C.130 is hereby amended to read as follows:
616C.130 The insurer shall not authorize the payment of any money to a physician or chiropractor for services rendered by him in attending an injured employee until an itemized statement for the services has been received by the insurer accompanied by a certificate of the physician or chiropractor stating that a duplicate of the itemized statement has been [mailed or personally delivered to] filed with the employer of the injured employee.
κ1997 Statutes of Nevada, Page 1436 (CHAPTER 410, AB 609)κ
Sec. 40. NRS 616C.220 is hereby amended to read as follows:
616C.220 1. An employee may receive compensation from the uninsured employers claim fund if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He suffers an accident or injury in this state which arises out of and in the course of his employment;
(c) He files a claim for compensation with the [system pursuant to NRS 616C.020;
(d) He files written notice with the] division; and
[(e)] (d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.
2. If the [system] division receives a claim pursuant to subsection 1, the [system] division shall immediately [:
(a) Notify] notify the employer of the claim . [; and
(b) Deliver to the division any evidence regarding the claim and any evidence indicating that the employer was uninsured.]
3. For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.
4. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on his behalf, including any benefits, administrative costs or attorneys fees paid from the uninsured employers claim fund or incurred by the division.
5. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 4 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employees injury.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
6. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.
(b) Assign the claim to the 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 system shall notify the claimant, the named employer and the 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 616C.305 and 616C.315 to 616C.385, inclusive.
κ1997 Statutes of Nevada, Page 1437 (CHAPTER 410, AB 609)κ
within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
8. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
9. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
10. Attorneys fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
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 chapters 616A to 616D, inclusive, of NRS.
Sec. 40.5. NRS 616C.235 is hereby amended to read as follows:
616C.235 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 request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. A suitable form for requesting a 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.
(b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.
(c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted 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] 12 months. The claimant may not appeal the closing of such a claim.
κ1997 Statutes of Nevada, Page 1438 (CHAPTER 410, AB 609)κ
Sec. 41. NRS 616C.255 is hereby amended to read as follows:
616C.255 1. The system and each private carrier shall collect a premium upon the total payroll of every employer insured by the system or private carrier at the rate filed with the commissioner pursuant to chapter 686B of NRS.
2. Every employer paying this premium is relieved from furnishing accident benefits, and the accident benefits must be provided by the system [.] or private carrier.
3. The system or private carrier is liable for any accident benefits provided in this section. The account provided for accident benefits must be kept as a separate account on the records of the system [.] or private carrier.
Sec. 42. NRS 616C.280 is hereby amended to read as follows:
616C.280 The administrator may withdraw his approval of an employers providing accident benefits for his employees and require the employer to pay the premium collected pursuant to NRS 616C.255 if the employer intentionally:
1. Determines incorrectly that a claimed injury did not arise out of and in the course of the employees employment;
2. Fails to advise an injured employee of his rights under chapters 616A to 616D, inclusive, of NRS;
3. Impedes the determination of disability or benefits by delaying a needed change of an injured employees physician or chiropractor;
4. Causes an injured employee to file a legal action to recover any compensation or other medical benefits due him from the employer;
5. Violates any of his or the [departments] divisions regulations regarding the provision of accident benefits by employers; or
6. Discriminates against an employee who claims benefits under chapters 616A to 616D, inclusive, of NRS.
Sec. 43. NRS 616C.285 is hereby amended to read as follows:
616C.285 1. If an employer requests a hearing concerning the withdrawal of approval pursuant to NRS 616C.280, the administrator shall set a date for a hearing within 20 days after receiving the request, and shall give the employer at least 10 business days notice of the time and place of the hearing.
2. A record of the hearing must be kept , but it need not be transcribed unless it is requested by the employer and he pays the cost of transcription.
3. Within 5 business days after the hearing, the administrator shall either affirm or disaffirm the withdrawal of approval and give the employer written notice thereof by certified mail [.] or electronic transmission.
Sec. 44. (Deleted by amendment.)
Sec. 45. NRS 616C.550 is hereby amended to read as follows:
616C.550 1. Except as otherwise provided in this section, if benefits for a temporary total disability will be paid to an injured employee for more than 90 days, a vocational rehabilitation counselor shall, within 30 days after being assigned to the claim, make a written assessment of the injured employees ability or potential to return to:
(a) The position he held at the time that he was injured; or
(b) Any other gainful employment.
κ1997 Statutes of Nevada, Page 1439 (CHAPTER 410, AB 609)κ
2. Before completing the written assessment, the counselor shall:
(a) Contact the injured employee and:
(1) Identify the injured employees educational background, work experience and career interests; and
(2) Determine whether the injured employee has any existing marketable skills.
(b) Contact the injured employees treating physician or chiropractor and determine:
(1) Whether the employee has any temporary or permanent physical limitations;
(2) The estimated duration of the limitations;
(3) Whether there is a plan for continued medical treatment; and
(4) When the employee may return to the position that he held at the time of his injury or to any other position. The treating physician or chiropractor shall determine whether an employee may return to the position that he held at the time of his injury.
3. The written assessment must contain a determination as to whether the employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590. If the insurer, with the assistance of the counselor, determines that the employee is eligible for vocational rehabilitation services, a plan for a program of vocational rehabilitation must be completed pursuant to NRS 616C.555.
4. The division may, by regulation, require a written assessment to include additional information.
5. If an insurer determines that the written assessment required by this section is impractical because of the expected duration of the employees total temporary disability, the insurer shall:
(a) Complete a written report which specifies his reasons for the decision; and
(b) Review the claim at least once every 60 days.
6. The insurer shall [mail] deliver a copy of the written assessment or the report completed pursuant to subsection 5 to the injured employee, his employer, the treating physician or chiropractor and the injured employees attorney or representative, if applicable.
7. For the purposes of this section, existing marketable skills include, but are not limited to:
(a) Completion of:
(1) A program at a trade school;
(2) A program which resulted in an associates degree; or
(3) A course of study for certification,
if the program or course of study provided the skills and training necessary for the injured employee to be gainfully employed on a reasonably continuous basis in an occupation that is reasonably available in this state.
(b) Completion of a 2-year or 4-year program at a college or university which resulted in a degree.
(c) Completion of any portion of a program for a graduates degree at a college or university.
(d) Skills acquired in previous employment, including those acquired during an apprenticeship or a program for on-the-job training.
κ1997 Statutes of Nevada, Page 1440 (CHAPTER 410, AB 609)κ
The skills set forth in paragraphs (a) to (d), inclusive, must have been acquired within the preceding 7 years and be compatible with the physical limitations of the injured employee to be considered existing marketable skills.
Sec. 46. NRS 616C.560 is hereby amended to read as follows:
616C.560 1. A program for vocational rehabilitation developed pursuant to subsection 3 of NRS 616C.555 may be extended:
(a) Without condition or limitation, by the insurer at his sole discretion; or
(b) In accordance with this section if:
(1) The injured employee makes a written request to extend the program within 30 days after he receives written notification that he is eligible for vocational rehabilitation services; and
(2) There are exceptional circumstances which make it unlikely that the injured employee will obtain suitable gainful employment as a result of vocational rehabilitation which is limited to the period for which he is eligible.
An insurers determination to grant or deny an extension pursuant to paragraph (a) may not be appealed.
2. If an injured employee has incurred a permanent physical impairment of less than 11 percent:
(a) The total length of the program, including any extension, must not exceed 1 year.
(b) Exceptional circumstances shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if:
(1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which he is physically capable of performing; or
(2) Severe physical restrictions as a result of the industrial injury have been imposed by a physician which significantly limit the employees occupational opportunities.
3. If an injured employee has incurred a permanent physical impairment of 11 percent or more:
(a) The total length of the program, including any extension, must not exceed 2 years.
(b) Exceptional circumstances shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if the injured employee has suffered:
(1) The total and permanent loss of sight of both eyes;
(2) The loss by separation of a leg at or above the knee;
(3) The loss by separation of a hand at or above the wrist;
(4) An injury to the head or spine which results in permanent and complete paralysis of both legs, both arms or a leg and an arm;
(5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing;
(6) The loss by separation of an arm at or above the elbow and the loss by separation of a leg at or above the knee;
κ1997 Statutes of Nevada, Page 1441 (CHAPTER 410, AB 609)κ
(7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face;
(8) A total bilateral loss of hearing;
(9) The total loss or significant and permanent impairment of speech; or
(10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616C.490, if the severity of the impairment limits the injured employees gainful employment to vocations that are primarily intellectual and require a longer program of education.
4. The insurer shall [mail] deliver a copy of its decision granting or denying an extension to the injured employee and the employer. Except as otherwise provided in this section, the decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616C.315.
Sec. 47. (Deleted by amendment.)
Sec. 48. NRS 616C.585 is hereby amended to read as follows:
616C.585 1. Except as otherwise provided in subsection 2, vocational rehabilitation services ordered by an insurer, a hearing officer or an appeals officer must not include the following goods and services:
(a) A motor vehicle.
(b) Repairs to an injured employees motor vehicle.
(c) Tools and equipment normally provided to the injured employee by his employer during the course of his employment.
(d) Care for the injured employees children.
2. An injured employee is entitled to receive the goods and services set forth in subsection 1 only if his insurer determines that such goods and services are reasonably necessary. [If the system makes such a determination, the employer of the injured employee may appeal that determination to the manager pursuant to NRS 616B.215.]
3. Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if:
(a) The priorities set forth in NRS 616C.530 for returning an injured employee to work are followed;
(b) The education is recommended by a plan for a program of vocational rehabilitation developed pursuant to NRS 616C.555; and
(c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer.
Sec. 49. NRS 616C.590 is hereby amended to read as follows:
616C.590 1. Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless:
(a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that he held at the time of his injury;
(b) The injured employees employer does not offer employment that the employee is eligible for considering the restrictions imposed pursuant to paragraph (a); and
(c) The injured employee is unable to return to gainful employment at a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury.
κ1997 Statutes of Nevada, Page 1442 (CHAPTER 410, AB 609)κ
2. If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:
(a) The medically objective findings upon which his determination is based; and
(b) A detailed description of the restrictions.
The treating physician or chiropractor shall [mail] deliver a copy of the findings and the description of the restrictions to the insurer.
3. If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.
4. Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.
5. An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.
6. An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.
7. Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.185, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.
8. If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitation services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located. The insurer must make a reasonable effort to locate the employee.
9. The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational rehabilitation benefits. If the employee wishes to reestablish his eligibility for such benefits, he must file a written application with the insurer to reinstate his claim. The insurer shall reinstate the employees claim if good cause is shown for the employees absence.
Sec. 50. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633:
(a) Has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS; or
(b) Has provided and secured such compensation but has failed to maintain that compensation,
he shall make a determination thereon and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years.
κ1997 Statutes of Nevada, Page 1443 (CHAPTER 410, AB 609)κ
2. The [manager shall mail] administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the [managers] determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:
(a) For the first offense, guilty of a gross misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category [D] C felony and shall be punished as provided in NRS 193.130.
Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 51. NRS 616D.220 is hereby amended to read as follows:
616D.220 1. If the [manager] administrator finds that any employer or any employee, officer or agent of any employer has knowingly:
(a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresented the classification or duties of an employee,
he shall make a determination thereon and charge the employers account an amount equal to three times the amount of the premium due. The [manager shall mail] administrator shall deliver a copy of his determination to the employer.
2. An employer who is aggrieved by the [managers] determination of the administrator 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] delivered to the employer. The [manager] administrator shall hold a hearing within 30 days after he receives the request. The determination of the [manager] administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the administrator becomes due within 30 days after the determination is served on the employer.
3. A person who knowingly:
(a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresents the classification or duties of an employee,
is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 52. NRS 616D.230 is hereby amended to read as follows:
616D.230 1. An employer who fails to pay an amount of money charged to him pursuant to the provisions of NRS 616D.200 or 616D.220 is liable in a civil action commenced by the attorney general for:
(a) Any amount charged to the employer by the [manager] administrator pursuant to NRS 616D.200 or 616D.220;
(b) Not more than $10,000 for each act of willful deception;
(c) An amount equal to three times the total amount of the reasonable expenses incurred by the state in enforcing this section; and
κ1997 Statutes of Nevada, Page 1444 (CHAPTER 410, AB 609)κ
(d) Payment of interest on the amount charged at the rate fixed pursuant to NRS 99.040 for the period from the date upon which the amount charged was due to the date upon which the amount charged is paid.
2. A criminal action need not be brought against an employer described in subsection 1 before civil liability attaches under this section.
3. Any payment of money charged pursuant to the provisions of NRS 616D.200 or 616D.220 and collected pursuant to paragraph (a) or (d) of subsection 1 must be paid [to the system. The system shall deposit the money with the state treasurer for credit to the state insurance] into the uninsured employers claim fund.
4. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the fraud control unit for industrial insurance established pursuant to the provisions of NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the state general fund.
Sec. 53. NRS 616D.260 is hereby amended to read as follows:
616D.260 1. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an audit conducted by the system , a private carrier or the department of taxation to verify the employers premium, the [manager] administrator may issue a subpoena to require the production of that document.
2. If an employer refuses to produce any document as required by the subpoena, the [manager] administrator may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of the production of the document;
(b) The employer has been subpoenaed by the [manager] administrator pursuant to this section; and
(c) The employer has failed or refused to produce the document required by the subpoena,
and asking for an order of the court compelling the employer to produce the document.
3. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days [from] after the date of the order, and to show cause why he has not produced the document. A certified copy of the order must be served upon the employer.
4. If it appears to the court that the subpoena was regularly issued by the [manager,] administrator, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.
Sec. 54. NRS 616D.440 is hereby amended to read as follows:
616D.440 1. An insurer may withhold any payment due a provider of health care pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, in whole or in part, upon receipt of reliable evidence that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment. The insurer may withhold such a payment without first notifying the provider of health care of its intention to do so.
κ1997 Statutes of Nevada, Page 1445 (CHAPTER 410, AB 609)κ
2. The insurer shall, within 5 days after withholding such a payment, send notice of the withholding to the provider of health care by certified mail [.] or electronic transmission. The notice must:
(a) Set forth the factual basis for the withholding, but need not disclose specific information regarding the insurers investigation;
(b) Indicate that the payment is being withheld pursuant to the provisions of this section;
(c) Indicate that the payment is being withheld temporarily, as set forth in subsection 4, and describe the circumstances under which the withholding will be terminated;
(d) Specify the charge submitted by the provider of health care for which the payment is being withheld; and
(e) Notify the provider of health care of his right to appeal the withholding.
3. A provider of health care may appeal the decision of the insurer to withhold payment to an appeals officer pursuant to NRS 616C.360.
4. Any payment withheld pursuant to the provisions of this section must be made to the provider of health care if:
(a) The insurer or the attorney general determines that there is insufficient evidence to prove that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment; or
(b) A final judgment or decree was rendered in favor of the provider of health care in a criminal proceeding arising out of the alleged misconduct.
Sec. 55. (Deleted by amendment.)
Sec. 56. NRS 617.207 is hereby amended to read as follows:
617.207 1. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer.
Sec. 57. NRS 617.342 is hereby amended to read as follows:
617.342 1. An employee or, in the event of the employees 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 7 days after the employee or dependent has knowledge of the disability and its relationship to the employees employment.
κ1997 Statutes of Nevada, Page 1446 (CHAPTER 410, AB 609)κ
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 employees death, by one of his dependents or by a person acting on behalf of the dependent.
(c) Include an explanation of the procedure for filing a claim for compensation.
(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 employees 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 employers agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employers 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 or a private carrier shall not file a notice of injury with the system [.] or the private carrier.
Sec. 58. NRS 617.352 is hereby amended to read as follows:
617.352 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] file with the employer of the employee and [to] the employers insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall [mail] file the claim for compensation [to] with the employers third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, he shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request.
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 employees 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 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.
κ1997 Statutes of Nevada, Page 1447 (CHAPTER 410, AB 609)κ
Sec. 59. NRS 617.354 is hereby amended to read as follows:
617.354 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] file with his insurer or third-party administrator an employers 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;
(c) Contain specific answers to all questions required by the regulations of the department; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the 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
(c) Refuses to complete the report.] An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.
4. The administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.
Sec. 60. NRS 617.401 is hereby amended to read as follows:
617.401 1. An employee may receive compensation from the uninsured employers claim fund 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;
(c) He files a claim for compensation with the [system pursuant to NRS 617.344;
(d) He files a written notice with the] division; and
[(e)] (d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.
2. If the [system] division receives a claim pursuant to subsection 1, the [system] division shall immediately [:
(a) Notify] 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 employee or that he was not required to maintain industrial insurance for the employee.
κ1997 Statutes of Nevada, Page 1448 (CHAPTER 410, AB 609)κ
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 attorneys fees paid from the uninsured employers claim fund or incurred by the division.
5. The division:
(a) May recover from the employer the payments made by the division 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.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
6. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving [notice of] the claim from the employee.
(b) Assign the claim to the 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 system shall notify the claimant, the named employer and the 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 616C.305 and 616C.315 to 616C.385, inclusive.
8. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
9. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
10. Attorneys fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers claim fund.
κ1997 Statutes of Nevada, Page 1449 (CHAPTER 410, AB 609)κ
11. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.
Sec. 61. NRS 218.5377 is hereby amended to read as follows:
218.5377 The committee:
1. May review issues related to workers compensation.
2. May study the desirability of establishing a preferred employee program which provides exemptions from the payment of premiums and other financial incentives for employers who provide suitable employment for injured employees and any other program for returning injured employees to work.
3. May review the manner used by the division of industrial relations of the department of business and industry to rate physical impairments of injured employees.
4. Shall, to ensure the solvency of the state industrial insurance system:
(a) Review and study the financial condition of the state industrial insurance system; and
(b) Determine the extent of any apparent insolvency of the system . [; and
(c) Establish a formula which will be applied to calculate a surcharge that is equal in amount to any deficiency in the cumulative amount of premiums paid by an employer who is subject to the provisions of NRS 616B.110.]
5. May conduct investigations and hold hearings in connection with carrying out its duties pursuant to this section.
6. May direct the legislative counsel bureau to assist in its research, investigations, hearings and reviews.
Sec. 62. NRS 680B.060 is hereby amended to read as follows:
680B.060 1. Except as otherwise provided in subsection 6, the taxes imposed under NRS 680B.027 must be collected by the department of taxation and promptly deposited with the state treasurer for credit to the state general fund.
2. If the tax is not paid by the insurer on or before the date required for payment, the tax then becomes delinquent, and payment thereof may be enforced by court action instituted on behalf of the state by the attorney general. The attorney general may employ additional counsel in the city where the home office of the insurer is located, subject to approval of compensation for such services by the state board of examiners. The administrative and substantive enforcement provisions of chapters 360 and 372 of NRS apply to the enforcement of the taxes imposed under NRS 680B.027.
3. Upon the tax becoming delinquent , the executive director of the department of taxation shall notify the commissioner, who shall suspend or revoke the insurers certificate of authority pursuant to NRS 680A.190.
4. If a dispute arises between an insurer and the state as to the amount of tax, if any, payable, the insurer is entitled to pay under protest the tax in the amount assessed by the department of taxation, without waiving or otherwise affecting any right of the insurer to recover any amount determined, through appropriate legal action taken by the insurer against the department of taxation, to have been in excess of the amount of tax lawfully payable.
κ1997 Statutes of Nevada, Page 1450 (CHAPTER 410, AB 609)κ
department of taxation, to have been in excess of the amount of tax lawfully payable.
5. Except as otherwise provided in subsection 6, all taxes, fees, licenses, fines and charges collected under this code, including the general premium tax provided for under NRS 680B.027 and as increased in any instances pursuant to NRS 680A.330, must be promptly deposited with the state treasurer for credit to the state general fund.
6. The taxes collected pursuant to NRS 680B.027 from insurers that are writing industrial insurance in this state, including the state industrial insurance system, which are attributable to industrial insurance must be promptly deposited with the state treasurer for credit to the account for the administration of extended claims established in the state insurance fund pursuant to section 9 of this act, until the commissioner notifies the state treasurer that the balance in the [state insurance fund is sufficient to ensure the solvency of the state industrial insurance system.] account is sufficient to satisfy all obligations and liabilities of the account as they become due. Upon receipt of such a notice, the state treasurer shall discontinue depositing the taxes in the [state insurance fund] account and shall deposit the taxes collected from these insurers for credit to the state general fund.
Sec. 62.5. NRS 686B.1759 is hereby amended to read as follows:
686B.1759 Insurer [includes] means the state industrial insurance system and all private carriers authorized to provide industrial insurance in this state.
Sec. 63. NRS 686B.1765 is hereby amended to read as follows:
686B.1765 The advisory organization may:
1. Develop statistical plans including definitions for the classification of risks.
2. Collect statistical data from its members and subscribers or any other reliable source.
3. Prepare and distribute data on expenses and the basic premium rate or rates, adjusted for expected [subsequent] changes in reported losses and expenses and for trends in losses [,] and expenses, according to its statistical plan. [The data and adjustments must be sufficiently detailed for insurers to modify the basic premium rate based on their own methods of rating or interpretations of the underlying data.]
4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.
5. Distribute any information filed with the commissioner which is open to public inspection.
6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.
7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.
8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.
κ1997 Statutes of Nevada, Page 1451 (CHAPTER 410, AB 609)κ
9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on the basic premium rate or rates.
10. Prepare and distribute rules and rating values for the uniform plan for rating experience.
11. Calculate and provide to the insurer the modification of premiums based on the individual employers losses.
12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.
Sec. 64. NRS 686B.1765 is hereby amended to read as follows:
686B.1765 The advisory organization may:
1. Develop statistical plans including definitions for the classification of risks.
2. Collect statistical data from its members and subscribers or any other reliable source.
3. Prepare and distribute data on [expenses and] the basic premium rate or rates, adjusted for expected changes in reported losses [and expenses] and for trends in losses , [and expenses,] according to its statistical plan.
4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.
5. Distribute any information filed with the commissioner which is open to public inspection.
6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.
7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.
8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.
9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on the basic premium rate or rates.
10. Prepare and distribute rules and rating values for the uniform plan for rating experience.
11. Calculate and provide to the insurer the modification of premiums based on the individual employers losses.
12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.
Sec. 65. NRS 686B.1767 is hereby amended to read as follows:
686B.1767 An advisory organization shall not [:
1. Compile or distribute recommendations concerning rates which include expenses, other than expenses to adjust losses or profit; or
2. File] file rates, supplementary rate information or supporting information on behalf of an insurer.
κ1997 Statutes of Nevada, Page 1452 (CHAPTER 410, AB 609)κ
Sec. 66. NRS 686B.1767 is hereby amended to read as follows:
686B.1767 An advisory organization shall not [file] :
1. Compile or distribute recommendations concerning rates which include expenses, other than expenses to adjust losses or profit; or
2. File rates, supplementary rate information or supporting information on behalf of an insurer.
Sec. 67. NRS 686B.177 is hereby amended to read as follows:
686B.177 1. The advisory organization shall file with the commissioner a copy of every basic premium rate, the portion of the rate that is allowable for expenses as determined by the advisory organization, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organizations members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurers rate be less than the approved rate by more than the following percentages:
(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.
(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a 5 percent variance.
(c) For the period beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10 percent variance.
(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.
Sec. 68. NRS 686B.177 is hereby amended to read as follows:
686B.177 1. The advisory organization shall file with the commissioner a copy of every basic premium rate, [the portion of the rate that is allowable for expenses as determined by the advisory organization,] every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organizations members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurers rate be less than the approved rate by more than the following percentages:
κ1997 Statutes of Nevada, Page 1453 (CHAPTER 410, AB 609)κ
(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.
(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a 5 percent variance.
(c) For the period beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10 percent variance.
(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.
Sec. 69. (Deleted by amendment.)
Sec. 70. NRS 686B.1775 is hereby amended to read as follows:
686B.1775 1. [If the interaction among insurers and employers is presumed or found to be competitive, each insurer shall file with the commissioner all the rates and supplementary rate information, except any information filed by the advisory organization, which the insurer intends to use in this state. The insurer shall file the rates and supplementary rate information not later than 15 days after the date the rates become effective. An insurer may adopt by reference, with or without a deviation, the rates or supplementary rate information filed by any other insurer.
2. If the commissioner has issued a finding that the interaction is not competitive, each] Each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least 60 days before the rates become effective. If the information supplied by an insurer pursuant to this subsection is insufficient, the commissioner shall notify the insurer and the information shall be deemed to be filed when all the information requested by the commissioner is received by him.
[3. If, after notice to the insurer and a hearing, the commissioner finds that an insurers rates require supervision because of the insurers financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information and any other information required by the commissioner, at least 60 days before they become effective.
4.] 2. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
[5.] 3. Every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.
4. A rate filed with the commissioner pursuant to this section that becomes effective before July 1, 2000, may not be increased or decreased until July 1, 2000.
Sec. 71. NRS 686B.1775 is hereby amended to read as follows:
686B.1775 1. [Each] If the interaction among insurers and employers is presumed or found to be competitive, each insurer shall file with the commissioner all the rates and supplementary rate information, except any information filed by the advisory organization, which the insurer intends to use in this state. The insurer shall file the rates and supplementary rate information not later than 15 days after the date the rates become effective. An insurer may adopt by reference, with or without a deviation, the rates or supplementary rate information filed by any other insurer.
κ1997 Statutes of Nevada, Page 1454 (CHAPTER 410, AB 609)κ
2. If the commissioner has issued a finding that the interaction is not competitive, each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least 60 days before the rates become effective. If the information supplied by an insurer pursuant to this subsection is insufficient, the commissioner shall notify the insurer and the information shall be deemed to be filed when all the information requested by the commissioner is received by him.
[2.] 3. If, after notice to the insurer and a hearing, the commissioner finds that an insurers rates require supervision because of the insurers financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information and any other information required by the commissioner, at least 60 days before they become effective.
4. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
[3.] 5. Every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.
[4. A rate filed with the commissioner pursuant to this section that becomes effective before July 1, 2000, may not be increased or decreased until July 1, 2000.]
Sec. 72. NRS 686B.1777 is hereby amended to read as follows:
686B.1777 1. If the commissioner finds that:
(a) [The interaction among insurers is not competitive;
(b)] The rates filed by insurers [whose interaction is competitive] are inadequate or unfairly discriminatory; or
[(c)] (b) The rates violate the provisions of this chapter,
the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.
2. The commissioner may disapprove any rate [which must be filed before it becomes effective] without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
Sec. 73. NRS 686B.1777 is hereby amended to read as follows:
686B.1777 1. If the commissioner finds that:
(a) The interaction among insurers is not competitive;
(b) The rates filed by insurers whose interaction is competitive are inadequate or unfairly discriminatory; or
[(b)] (c) The rates violate the provisions of this chapter,
the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.
2. The commissioner may disapprove any rate which must be filed before it becomes effective without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
κ1997 Statutes of Nevada, Page 1455 (CHAPTER 410, AB 609)κ
disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
Sec. 74. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer:
(a) At any time after the rate becomes effective; or
(b) At any time before the rate becomes effective . [if the insurer is required to file its rates before they become effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; or
(b) The rate is inadequate , excessive or unfairly discriminatory . [and the interaction among insurers and employers is competitive; or
(c) A rate is inadequate, excessive or unfairly discriminatory and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.]
Sec. 75. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer:
(a) At any time after the rate becomes effective; or
(b) At any time before the rate becomes effective [.] if the insurer is required to file its rates before they become effective.
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; [or]
(b) The rate is inadequate [, excessive] or unfairly discriminatory [.] and the interaction among insurers and employers is competitive; or
(c) A rate is inadequate, excessive or unfairly discriminatory and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.
Sec. 76. NRS 696B.020 is hereby amended to read as follows:
696B.020 [1. Except as otherwise provided in subsection 2, the] The applicable provisions of this chapter apply to:
[(a)] 1. All insurers authorized to transact insurance in this state;
[(b)] 2. All insurers having policyholders resident in this state;
[(c)] 3. All insurers against whom a claim under an insurance contract may arise in this state;
[(d)] 4. All persons in the process of organization, or holding themselves out as organizing, or proposing to organize in this state for the purpose of becoming an insurer; and
[(e)] 5. All other persons to whom such provisions are otherwise expressly made applicable by law.
[2. The provisions of this chapter do not apply to the state industrial insurance system for the purpose of determining and imposing an insolvency surcharge pursuant to NRS 616B.110.]
Sec. 77. Section 6 of this act is hereby amended to read as follows:
Sec. 6. In addition to the authority given the manager to determine and fix premium rates pursuant to NRS [616B.206 and] 616B.218 to 616B.230, inclusive, the manager may establish a plan for classifying employers insured by the system as small employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
κ1997 Statutes of Nevada, Page 1456 (CHAPTER 410, AB 609)κ
employers insured by the system as small employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the approval of the commissioner, determine and fix the premium rates of those employers pursuant to the plan.
Sec. 77.5. Section 7 of this act is hereby amended to read as follows:
Sec. 7. [The manager] An insurer may establish a plan to review small employers who are insured by the [system] insurer to encourage such employers to maintain their loss experience at the lowest possible level.
Sec. 78. Section 197 of chapter 580, Statutes of Nevada 1995, at page 2061, is hereby amended to read as follows:
Sec. 197. 1. This section and sections 25 to 36, inclusive, 44, 86, 119, 127, 128, 186.5, 188, 194, 195 and 196 of this act become effective upon passage and approval.
2. Section 68 of this act becomes effective at 12:01 a.m. on July 1, 1995.
3. Section 161 of this act becomes effective on July 1, 2003.
4. The remaining sections of this act become effective:
(a) Upon passage and approval for the purposes of:
(1) The adoption of regulations by the commissioner of insurance and the administrator of the division of industrial relations of the department of business and industry.
(2) The qualification of private carriers to sell industrial insurance.
(3) The designation of a licensed advisory organization by the commissioner and the initial filing of classifications of risk, the uniform plan for rating experience and the uniform statistical plan, by that organization.
(4) The inspection of the records of the system, the Nevada industrial commission and the administrator with respect to the self-insured employers, by the commissioner and the advisory organization.
(5) The filing, by private carriers and the system, of rates to be used by them.
(b) For all other purposes on July 1, 1999.
Sec. 79. Section 155 of chapter 587, Statutes of Nevada 1995, at page 2170, is hereby amended to read as follows:
Sec. 155. 1. This section and subsection 2 of section 147 of this act become effective on June 30, 1995.
2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38, 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85, inclusive, 87 to 95, inclusive, 97, 99 to 103.5, inclusive, 105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134, 136, 137, 146, subsection 1 of section 147 [,] and sections 148, 149, 152 and 153 of this act become effective on July 1, 1995.
3. Sections 45, 77, 106 and 106.5 of this act become effective at 12:01 a.m. on July 1, 1995.
4. Section 7 of this act becomes effective on July 1, 1997.