[Rev. 2/11/2019 12:47:20 PM]
κ1997 Statutes of Nevada, Page 2513 (CHAPTER 524, SB 5)κ
Sec. 19. Assembly Bill No. 240 of this session is hereby amended by adding a new section designated sec. 6, following sec. 5, to read as follows:
Sec. 6. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.
Sec. 20. 1. There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources for carrying out the provisions of this act:
For the fiscal year 1997-1998...................................................................... $48,891
For the fiscal year 1998-1999...................................................................... $57,383
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. 21. 1. There is hereby appropriated from the state general fund to the department of prisons for carrying out the provisions of this act:
For the fiscal year 1997-1998........................................................................ $7,722
For the fiscal year 1998-1999........................................................................ $4,929
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. 22. NRS 200.375 is hereby repealed.
Sec. 23. 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. 24. 1. Except as otherwise provided in this section, this act becomes effective on October 1, 1997.
2. This subsection and sections 20 and 21 of this act become effective on July 1, 1997.
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Senate Bill No. 30Committee on Legislative Affairs and Operations
CHAPTER 525
AN ACT relating to the legislature; increasing the amount of official stationery and business cards that legislators are entitled to receive at the expense of the legislative fund; 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 218.225 is hereby amended to read as follows:
218.225 1. At each regular session of the legislature, each legislator is entitled to receive at the expense of the legislative fund from the state printing division of the department of administration the following:
κ1997 Statutes of Nevada, Page 2514 (CHAPTER 525, SB 30)κ
(a) Not to exceed [1,000] 2,000 letterheads (8 1/2 inches x 11 inches) and [1,000] 2,000 half size, or [2,000] 4,000 of either variety;
(b) Not to exceed [1,000] 2,000 No. 10 envelopes and [1,000] 2,000 No. 6 3/4 envelopes, or [2,000] 4,000 of either variety; and
(c) Not to exceed [1,000] 2,000 business cards and 1,000 memorandum sheets (500 each of the small and large type or 1,000 of either type).
Selections must be made from samples submitted by the superintendent of the state printing division of the department of administration , and all printing must be done in the state printing division of the department of administration.
2. Each female member of the assembly is entitled to have the word Assemblywoman precede the inscription of her name on her official stationery and business cards.
3. All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the legislative fund in the same manner as other claims against the state are paid.
4. A legislator may purchase from the state printing division of the department of administration official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
________
Senate Bill No. 38Senator Neal
CHAPTER 526
AN ACT relating to the charter of the City of Las Vegas; authorizing the City of Las Vegas to increase or decrease the number of wards in the city; 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. Section 1.130 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1393, is hereby amended to read as follows:
Sec. 1.130 Wards: Creation; boundaries.
1. The city [must] may be divided into [four wards, which] as many wards as the city council determines are necessary. The wards must be as nearly equal in population as can conveniently be provided, and the territory which compromises each ward must be contiguous.
2. The boundaries of the wards must be established and changed by ordinance. The [boundary] boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent.
κ1997 Statutes of Nevada, Page 2515 (CHAPTER 526, SB 38)κ
Commerce, in any ward exceeds the population in any other ward by more than 5 percent. The boundaries of the wards may be changed to include territory which has been annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure which is found reliable by the city council.
Sec. 2. Section 1.140 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1393, is hereby amended to read as follows:
Sec. 1.140 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) [Four councilmen.] One councilman from each ward.
(c) Municipal judges.
2. The terms of office of the mayor, councilmen and, except as is otherwise provided in subsection 3 of section 4.010 of this charter, municipal judges are 4 years.
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Senate Bill No. 39Senator Neal
CHAPTER 527
AN ACT relating to peace officers; authorizing the creation of a review board to advise the governing body of a political subdivision on issues concerning peace officers, school police officers, constables and deputies of constables; 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 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in section 3 of this act, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.
2. A review board created pursuant to subsection 1 must consist of:
(a) In a city or county whose population is 100,000 or more, 25 members; and
(b) In a city or county whose population is less than 100,000, 12 members.
3. Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons are submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.
4. A person appointed to the review board must:
κ1997 Statutes of Nevada, Page 2516 (CHAPTER 527, SB 39)κ
(a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.
(b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables.
Sec. 3. 1. If a metropolitan police department has been formed pursuant to NRS 280.110, the metropolitan police committee on fiscal affairs may request the participating political subdivisions to create a review board to advise the committee on issues concerning peace officers employed by the metropolitan police department. The participating subdivisions may jointly create such a review board by mutual ordinances.
2. A review board created pursuant to subsection 1 must consist of 25 members, appointed from a list of names submitted by interested persons. The members of the metropolitan police committee on fiscal affairs who are representatives of the county shall appoint 13 members of the review board, and the members of the metropolitan police committee on fiscal affairs who are representatives of each participating city within the county shall appoint an equal number of the remaining 12 members. If an insufficient number of names of interested persons are submitted, the members of the metropolitan police committee on fiscal affairs shall appoint the remaining members in the manner they deem appropriate.
3. A person appointed to the review board must:
(a) Be a resident within the jurisdiction of the participating subdivisions for which the review board was created, except no member of the review board may be currently employed as a peace officer.
(b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers.
Sec. 4. A review board created pursuant to section 2 or 3 of this act:
1. Does not have jurisdiction over any matter in which it is alleged that a crime has been committed.
2. Shall not abridge the rights of a peace officer, school police officer, constable or deputy of a constable that are granted pursuant to a collective bargaining agreement, a contract or any federal or state statute or regulation.
Sec. 5. 1. A review board that is created pursuant to paragraph (a) of subsection 2 of section 2 of this act or pursuant to section 3 of this act must meet in panels of five members to carry out its duties.
2. A review board that is created pursuant to paragraph (b) of subsection 2 of section 2 of this act must meet in panels of three members to carry out its duties.
3. Members must be selected randomly to serve on a panel, and the panel shall select one of its members to serve as chairman of the panel.
κ1997 Statutes of Nevada, Page 2517 (CHAPTER 527, SB 39)κ
4. A panel of a review board created pursuant to section 2 or 3 of this act may:
(a) Refer a complaint against a peace officer, school police officer, constable or deputy of a constable to the employer of the peace officer, school police officer, constable or deputy of a constable.
(b) Review an internal investigation of a peace officer, school police officer, constable or deputy of a constable within the jurisdiction of the governing body that created the review board and make recommendations regarding any disciplinary action against the peace officer, school police officer, constable or deputy of a constable that is recommended by his employer, including, without limitation:
(1) Increasing or decreasing the recommended level of discipline; and
(2) Exonerating the peace officer, school police officer, constable or deputy of a constable who has been the subject of the internal investigation.
5. The employer of a peace officer, school police officer, constable or deputy of a constable shall make available to a panel of the review board any personnel file or other material necessary for the panel to conduct a review.
6. When reviewing an internal investigation of a peace officer, school police officer, constable or deputy of a constable pursuant to subsection 4, the panel shall provide the peace officer, school police officer, constable or deputy of a constable with notice and an opportunity to be heard. The peace officer, school police officer, constable or deputy of a constable may represent himself at the hearing before the panel or be represented by an attorney or other person of his own choosing. The review board, governing body and employer of the peace officer, school police officer, constable or deputy of a constable are not responsible for providing such representation.
7. The chairman of a panel of a review board shall report the findings and recommendation of the panel regarding disciplinary action to the employer of the peace officer, school police officer, constable or deputy of a constable.
8. A police officer, school police officer, constable or deputy of a constable may appeal a recommendation made by a panel of the review board. The ordinance pursuant to which the review board is created must specify the manner for conducting appeals, and may provide for, if both parties agree, without limitation, mediation, conciliation or review by another panel of randomly selected members of the review board. If the appeal is heard by another panel of the review board, the determination made by the panel hearing the appeal is final and binding and is not subject to judicial review.
9. The findings and recommendation of a panel of the review board are public records unless otherwise declared confidential by state or federal law.
10. A proceeding of a panel of such a review board is closed to the public.
Sec. 6. 1. A panel of a review board that is created pursuant to section 2 or 3 of this act may:
(a) Administer oaths;
(b) Take testimony;
κ1997 Statutes of Nevada, Page 2518 (CHAPTER 527, SB 39)κ
(c) Within the scope of its jurisdiction, issue subpoenas to compel the attendance of witnesses to testify before the panel;
(d) Require the production of books, papers and documents; and
(e) Issue commissions to take testimony.
2. If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena, the panel may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.
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Senate Bill No. 103Committee on Judiciary
CHAPTER 528
AN ACT relating to deviant sexual acts; requiring the director of the department of motor vehicles and public safety to establish a program to compile and analyze data concerning sex offenders and juveniles who commit delinquent acts relating to sex; requiring the division of child and family services of the department of human resources to provide certain information to the program; requiring that the director report statistical data and findings from the program to the legislature and the advisory commission on sentencing; 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 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. The legislature hereby finds and declares that:
1. A significant number of offenders in Nevada have been convicted of sexual offenses. Many of these offenders have been convicted of sexual offenses on more than one occasion and many of these offenders began committing sexual offenses as juveniles.
2. There is a great need for a continuing statistical analysis regarding the recidivism of offenders who commit sexual offenses so that the most appropriate punishment and treatment may be identified to prevent these offenders from committing further sexual offenses.
Sec. 3. As used in sections 2, 3 and 4 of this act:
1. Juvenile sex offender means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.
2. Sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(e) Incest pursuant to NRS 201.180;
(f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
κ1997 Statutes of Nevada, Page 2519 (CHAPTER 528, SB 103)κ
(g) Open or gross lewdness pursuant to NRS 201.210;
(h) Indecent or obscene exposure pursuant to NRS 201.220;
(i) Lewdness with a child pursuant to NRS 201.230;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450;
(k) Annoyance or molestation of a minor pursuant to NRS 207.260;
(l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive;
(m) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
(n) An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this subsection.
Sec. 4. 1. The director of the department shall establish within the central repository a program to compile and analyze data concerning offenders who commit sexual offenses. The program must be designed to:
(a) Provide statistical data relating to the recidivism of offenders who commit sexual offenses; and
(b) Use the data provided by the division of child and family services of the department of human resources pursuant to section 5 of this act to:
(1) Provide statistical data relating to the recidivism of juvenile sex offenders after they become adults; and
(2) Assess the effectiveness of programs for the treatment of juvenile sex offenders.
2. The division of parole and probation and the department of prisons shall assist the director of the department in obtaining data and in carrying out the program.
3. The director of the department shall report the statistical data and findings from the program to:
(a) The legislature at the beginning of each regular session.
(b) The advisory commission on sentencing on or before January 31 of each even-numbered year.
4. The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of a juvenile sex offender or the identity of an individual victim of a crime.
Sec. 5. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For each child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the division of child and family services of the department of human resources shall collect from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services as directed by the department of human resources:
(a) The information listed in subsections 2 and 3 of NRS 62.420;
(b) The name of the child; and
(c) All information concerning programs of treatment in which the child participated that were directly related to the delinquent act committed by the child or were designed or utilized to prevent the commission of another such act by the child in the future.
κ1997 Statutes of Nevada, Page 2520 (CHAPTER 528, SB 103)κ
2. The division shall provide the information collected pursuant to subsection 1 to the central repository for Nevada records of criminal history for use in the program established pursuant to sections 2, 3 and 4 of this act.
3. All information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and section 4 of this act.
4. As used in this section, sexual offense has the meaning ascribed to it in section 3 of this act.
Sec. 6. NRS 62.360 is hereby amended to read as follows:
62.360 1. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety;
(b) Records which have not been sealed and are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence reports pursuant to NRS 176.135; [and]
(c) Information maintained in the standardized system established pursuant to NRS 62.420 [.] ; and
(d) Information that must be collected by the division of child and family services of the department of human resources pursuant to section 5 of this act.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the childs name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the childs name and authorize its use in the civil action.
Sec. 7. NRS 62.370 is hereby amended to read as follows:
62.370 1. In any case in which a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justices court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justices court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:
(a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or
κ1997 Statutes of Nevada, Page 2521 (CHAPTER 528, SB 103)κ
(b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.
2. The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.
3. If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the juveniles case in the custody of the juvenile court, district court, justices court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. All juvenile records must be automatically sealed when the person reaches 24 years of age.
4. The court shall send a copy of the order to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:
(a) Seal records in its custody, as directed by the order.
(b) Advise the court of its compliance.
(c) Seal the copy of the courts order that it or he received.
As used in this section, seal means placing the records in a separate file or other repository not accessible to the general public.
5. If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred and the minor may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.
6. The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.
7. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
8. The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.
9. An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.
10. The provisions of this section do not apply to [any] information maintained in the standardized system established pursuant to NRS 62.420 [.] or information that must be collected by the division of child and family services of the department of human resources pursuant to section 5 of this act.
________
κ1997 Statutes of Nevada, Page 2522κ
Senate Bill No. 122Senator McGinness
CHAPTER 529
AN ACT relating to crimes; prohibiting a person employed in a position of authority by a public school or private school from engaging in sexual conduct with a pupil who is 16 or 17 years of age; prohibiting a person employed in a position of authority by a college or university from engaging in sexual conduct with a student who is 16 or 17 years of age; providing a penalty; 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 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. College means a college or community college which is privately owned or which is part of the University and Community College System of Nevada.
Sec. 4. Private school has the meaning ascribed to it in NRS 394.103.
Sec. 5. Public school has the meaning ascribed to it in NRS 385.007.
Sec. 6. Sado-masochistic abuse has the meaning ascribed to it in NRS 201.262.
Sec. 7. Sexual conduct means:
1. Ordinary sexual intercourse;
2. Anal intercourse;
3. Fellatio, cunnilingus or other oral-genital contact;
4. Physical contact by a person with the unclothed genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person;
5. Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person;
6. Masturbation or the lewd exhibition of unclothed genitals; or
7. Sado-masochistic abuse.
Sec. 8. University means a university which is privately owned or which is part of the University and Community College System of Nevada.
Sec. 9. 1. Except as otherwise provided in subsection 3, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a public school or private school; and
(c) Engages in sexual conduct with a pupil who is 16 or 17 years of age and who is enrolled in or attending the public school or private school at which the person is employed, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
κ1997 Statutes of Nevada, Page 2523 (CHAPTER 529, SB 122)κ
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a public school or private school if the person is employed as:
(a) A teacher or instructor;
(b) An administrator;
(c) A head or assistant coach; or
(d) A teachers aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.
3. The provisions of this section do not apply to a person who is married to the pupil.
Sec. 10. 1. Except as otherwise provided in subsection 3, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a college or university; and
(c) Engages in sexual conduct with a student who is 16 or 17 years of age and who is enrolled in or attending the college or university at which the person is employed,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a college or university if the person is employed as:
(a) A teacher, instructor or professor;
(b) An administrator; or
(c) A head or assistant coach.
3. The provisions of this section do not apply to a person who is married to the student.
Sec. 11. The amendatory provisions of this act do not apply to acts of sexual conduct that are committed before October 1, 1997.
________
κ1997 Statutes of Nevada, Page 2524κ
Senate Bill No. 137Senator Rhoads
CHAPTER 530
AN ACT relating to traffic laws; revising the penalty for exceeding the posted speed limit under certain circumstances; excluding such a violation from the demerit system established by the department of motor vehicles and public safety; prohibiting insurers from raising rates for motor vehicle insurance based on such a violation; 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 483.473 is hereby amended to read as follows:
483.473 1. As used in this section, traffic violation means conviction of a moving traffic violation in any municipal court, justices court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking. The term does not include a conviction or a finding by a juvenile court of a violation of the speed limit posted by a public authority under the circumstances described in subsection 1 of section 2 of this act.
2. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a drivers license issued by the department. The system must be based on the accumulation of demerits during a period of 12 months.
3. The system must be uniform in its operation and the department shall set up a schedule of demerits for each traffic violation, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a person driving a motor vehicle during the hours of daylight at a speed in excess of the speed limit posted by a public authority for the portion of highway being traversed shall be punished by a fine of $25 if:
(a) The posted speed limit is 60 miles per hour and the person is not exceeding a speed of 65 miles per hour.
(b) The posted speed limit is 65 miles per hour and the person is not exceeding a speed of 70 miles per hour.
κ1997 Statutes of Nevada, Page 2525 (CHAPTER 530, SB 137)κ
(c) The posted speed limit is 70 miles per hour and the person is not exceeding a speed of 75 miles per hour.
2. A violation of the speed limit under any of the circumstances set forth in subsection 1 must not be recorded by the department on a drivers record and shall not be deemed a moving traffic violation.
3. The provisions of this section do not apply to a violation specified in subsection 1 that occurs in a county whose population is 100,000 or more.
Sec. 3. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not impose on an insured or group of insured an increase in rates for motor vehicle insurance because of a conviction or a finding by a juvenile court of a violation of the speed limit under the circumstances described in subsection 1 of section 2 of this act, nor shall an insurer cancel or refuse to renew a policy of insurance for that reason.
________
Senate Bill No. 148Committee on Government Affairs
CHAPTER 531
AN ACT relating to governmental services; authorizing the department of human resources and the department of education to issue subpoenas at an administrative hearing conducted pursuant to certain federal law; revising other provisions governing the issuance of specified subpoenas by the department of human resources; repealing the requirement that the department of human resources disseminate a listing of hospitals and their charges for services and prohibiting the department from collecting or maintaining certain information; 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 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the director or a person designated by the director for this purpose. If a person fails to comply with a subpoena, the department may apply to the district court for enforcement of the subpoena.
2. The district court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.
κ1997 Statutes of Nevada, Page 2526 (CHAPTER 531, SB 148)κ
3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in accordance with this section; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.
4. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.
Sec. 2. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.465, inclusive, and section 1 of this act, unless the context requires otherwise:
1. Department means the department of human resources.
2. Director means the director of the department.
Sec. 3. Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the superintendent of public instruction or a person designated by the superintendent for this purpose. If a person fails to comply with a subpoena, the department may apply to the district court for enforcement of the subpoena.
2. The district court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.
3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:
κ1997 Statutes of Nevada, Page 2527 (CHAPTER 531, SB 148)κ
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in accordance with this section; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.
4. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.
Sec. 4. NRS 449.460 is hereby amended to read as follows:
449.460 The director may:
1. Adopt regulations respecting the exercise of the powers conferred by NRS 449.450 to 449.530, inclusive.
2. Hold public hearings, conduct investigations and require the filing of information relating to any matter affecting the cost of services in all institutions subject to the provisions of NRS 449.450 to 449.530, inclusive, and may subpoena witnesses, financial papers, records and documents in connection therewith. An order requiring the filing of information or a subpoena issued pursuant to this subsection must state the purpose for which it is issued. The director may also administer oaths in any hearing or investigation.
3. Exercise, subject to the limitations and restrictions imposed in NRS 449.450 to 449.530, inclusive, all other powers which are reasonably necessary to carry out the expressed objects of those sections.
4. Delegate to any of the divisions of the department the authority to carry out the provisions of NRS 449.450 to 449.530, inclusive.
Sec. 5. NRS 449.510 is hereby amended to read as follows:
449.510 1. The director shall prepare and file such summaries, compilations or other supplementary reports based on the information filed with him pursuant to NRS 449.450 to 449.530, inclusive, as will advance the purposes of those sections. All such summaries, compilations and reports are open to public inspection, must be made available to requesting agencies and must be prepared within a reasonable time following the end of each institutions fiscal year or more frequently as specified by the director. [The summaries, compilations and reports must include information regarding each hospitals average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.]
κ1997 Statutes of Nevada, Page 2528 (CHAPTER 531, SB 148)κ
information regarding each hospitals average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.]
2. The director shall not collect, maintain, disclose , [or] report or publish the details of contracts entered into by a hospital, or collect, maintain, disclose , [or] report or publish information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the director may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not collect, maintain, disclose , [or] report or publish information disclosed to the agency by the director pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital. The director may review any such contracts at the hospital or at a location specified by the hospital.
3. As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 6. NRS 439A.106 is hereby repealed.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 168Senators OConnell and Washington
CHAPTER 532
AN ACT relating to education; requiring public schools to comply with certain provisions of federal law governing the release and elicitation of certain information concerning pupils; 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 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a parent or legal guardian of a pupil requests the education records of the pupil, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
2. If a parent or legal guardian of a pupil reviews the education records of the pupil and requests an amendment or other change to the education records, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
3. Except as otherwise provided in 20 U.S.C. § 1232g(b), a public school shall not release the education records of a pupil to a person, agency or organization without the written consent of the parent or legal guardian of the pupil.
4. If a public school administers a program which includes a survey, analysis or evaluation that is designed to elicit the information described in 20 U.S.C. § 1232h, it must comply with the provisions of that section.
κ1997 Statutes of Nevada, Page 2529 (CHAPTER 532, SB 168)κ
5. A right accorded to a parent or legal guardian of a pupil pursuant to the provisions of this section devolves upon the pupil on the date on which he attains the age of 18 years.
6. A public school shall, at least annually, provide to each pupil who is at least 18 years of age and to a parent or legal guardian of each pupil who is not at least 18 years of age, written notice of his rights pursuant to this section.
7. The provisions of this section:
(a) Are intended to ensure that each public school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h;
(b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted pursuant thereto;
(c) Apply to a public school regardless of whether the school receives money from the Federal Government; and
(d) Do not impair any right, obligation or prohibition established pursuant to chapter 432B of NRS.
8. The state board may adopt such regulations as are necessary to ensure that public schools comply with the provisions of this section.
9. As used in this section, unless the context otherwise requires, education records has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).
Sec. 2. Notwithstanding the provisions of subsection 1 of NRS 354.599, each local government shall pay any additional expenses related to the provisions of this act from existing revenues of that local government.
Sec. 3. This act becomes effective on July 1, 1997.
________
Senate Bill No. 174Committee on Finance
CHAPTER 533
AN ACT making an appropriation to the Governors Mansion for the repair or replacement of furniture and equipment; 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. There is hereby appropriated from the state general fund to the Governors Mansion the sum of $20,000 for the repair or replacement of furniture and equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act 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.
κ1997 Statutes of Nevada, Page 2530 (CHAPTER 533, SB 174)κ
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 187Committee on Finance
CHAPTER 534
AN ACT making an appropriation to the fund to stabilize the operation of the state government; 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. There is hereby appropriated from the state general fund to the fund to stabilize the operation of the state government, created by NRS 353.288, the sum of $5,474,382 to increase the balance of the fund.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 196Committee on Finance
CHAPTER 535
AN ACT making an appropriation to the legislative fund to establish an interactive video broadcast system between the Legislative Building and the Grant Sawyer State Office Building; 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. There is hereby appropriated from the state general fund to the legislative fund created by NRS 218.085 the sum of $234,980 to establish an interactive video broadcast system between the Legislative Building in Carson City and the Grant Sawyer State Office Building in Las Vegas.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the completion of the project and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 2531κ
Senate Bill No. 200Committee on Finance
CHAPTER 536
AN ACT relating to recreation; making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources for park improvement projects; extending the period of authorized expenditure for certain money previously appropriated for park facilities; 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. There is hereby appropriated from the state general fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $1,566,393 for park improvement projects. The money must be used as follows:
1. Fort Churchill State Historic Park, $30,000.
2. Lake Tahoe Nevada State Park, $295,603.
3. Spring Valley State Park, $258,338.
4. Big Bend State Recreation Area, $192,191.
5. Valley of Fire State Park, $49,096.
6. Rye Patch State Recreation Area, $415,308.
7. Lahontan State Recreation Area, $40,250.
8. Floyd Lamb State Park, $35,607.
9. To prepare a preliminary master plan to provide direction for the development and operation of a historic park in Las Vegas, $250,000.
Sec. 2. The State Controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the Division of State Parks of the State Department of Conservation and Natural Resources for the purposes set forth in section 1 of this act until the last Friday in August immediately following the end of the fiscal year 1998-1999.
Sec. 3. 1. If a permissible expenditure is not sufficient to allow the completion of a project set forth in section 1 of this act, the Interim Finance Committee, upon request by the Division of State Parks of the State Department of Conservation and Natural Resources, may increase the permissible expenditure for the project and correspondingly reduce the permissible expenditure for one or more other projects set forth in section 1 of this act.
2. The Interim Finance Committee, upon request by the Division of State Parks of the State Department of Conservation and Natural Resources, may reduce the permissible expenditure of a project set forth in section 1 of this act and authorize the use of the amount saved for other improvements to facilities in state parks.
Sec. 4. Any remaining balance of the appropriation made by section 1 of this act 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.
κ1997 Statutes of Nevada, Page 2532 (CHAPTER 536, SB 200)κ
Sec. 5. Section 3 of chapter 201, Statutes of Nevada 1995, at page 339, is hereby amended to read as follows:
Sec. 3. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth [in] :
1. In paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of section 2 of this act until the last Friday of [the] August immediately following the end of fiscal year 1996-97 [.] ; and
2. In paragraphs (a), (c), (d), (f) and (g) of subsection 1 of section 2 of this act until the last Friday of August immediately following the end of fiscal year 1998-99.
Sec. 6. Section 5 of chapter 201, Statutes of Nevada 1995, at page 340, is hereby amended to read as follows:
Sec. 5. Any remaining balance of the appropriations made by section 2 of this act :
1. For use as provided in paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of that section, must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
2. For use as provided in paragraphs (a), (c), (d), (f) and (g) of subsection 1 of that section, 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. 7. This act becomes effective on July 1, 1997.
________
Senate Bill No. 211Committee on Natural Resources
CHAPTER 537
AN ACT relating to the commission for the preservation of wild horses; placing the commission within the state department of conservation and natural resources; revising the duties of the commission; prohibiting the filing of certain documents on behalf of the commission unless approved by the director of the state department of conservation and natural resources; abolishing the fund for the commission for the preservation of wild horses; making an appropriation; 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 501.020 is hereby amended to read as follows:
501.020 [As] Except as otherwise provided in NRS 504.430 to 504.490, inclusive, as used in this Title, unless the context otherwise requires, commission means the board of wildlife commissioners.
Sec. 2. NRS 504.430 is hereby amended to read as follows:
504.430 As used in NRS 504.430 to 504.490, inclusive:
1. Administrator means the administrator of the commission.
κ1997 Statutes of Nevada, Page 2533 (CHAPTER 537, SB 211)κ
2. Commission means the commission for the preservation of wild horses.
[2. Commission fund means the fund for the commission for the preservation of wild horses.]
3. Director means the director of the state department of conservation and natural resources.
4. Heil trust means the money given to the state by the Estate of Leo Heil for the preservation of wild horses in Nevada.
[4.] 5. Wild horse means a horse, mare or colt which is unbranded and unclaimed and lives on public land.
Sec. 3. NRS 504.440 is hereby amended to read as follows:
504.440 1. There is hereby created in the state department of conservation and natural resources the commission for the preservation of wild horses. The commission consists of five members appointed by the governor as follows:
(a) A representative of an organization whose purpose is to preserve wild horses and whose headquarters are in Nevada;
(b) An owner or manager of property used for ranching; and
(c) Three members of the general public who:
(1) Are not engaged in ranching or farming; and
(2) Have not been previously engaged in efforts to protect wild horses.
2. After the initial terms, the members shall serve terms of 3 years. Any vacancy in the membership must be filled for the unexpired term.
3. Each member of the commission [for the preservation of wild horses] is entitled to receive a salary of not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.
4. While engaged in the business of the commission, each member [and employee] of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
5. The commission [for the preservation of wild horses] shall meet at least quarterly each year and on the call of the [executive director] administrator or any two members.
Sec. 4. NRS 504.450 is hereby amended to read as follows:
504.450 1. There is hereby created as a trust fund, the Heil trust fund for wild horses. The fund is a continuing fund without reversion. All money received from the Heil trust, and all money from any other source designated for deposit in the fund, must be deposited in that fund. The [commission for the preservation of wild horses] director shall administer the fund.
2. [The fund for the commission for the preservation of wild horses is hereby created as a trust fund. The fund is a continuing fund without reversion. Except as otherwise provided in subsection 1, all money received for the preservation of wild horses from any source other than the Heil trust must be deposited in the commission fund and used only for the specific purposes for which it was given, if those purposes are not inconsistent with the provisions of NRS 504.430 to 504.490, inclusive. Any such money that was not given for a specific purpose may be used for any lawful purpose consistent with those provisions.
κ1997 Statutes of Nevada, Page 2534 (CHAPTER 537, SB 211)κ
lawful purpose consistent with those provisions. The commission for the preservation of wild horses shall administer the fund.
3.] The money in the [funds created by this section] fund must be invested as other money of the state is invested. All interest earned on the deposit or investment of the money in [each] the fund must be credited to that fund.
[4. The commission for the preservation of wild horses]
3. The director shall authorize the expenditure of the interest and principal of the [funds,] fund but the principal of the [Heil trust fund for wild horses] fund must not be reduced to less than $900,000, unless the money is needed for an emergency and the expenditure is approved by the legislature, if it is in session, or the interim finance committee. Claims against the [funds] fund must be paid as other claims against the state are paid.
[5.] 4. The expenses of the commission must be paid from the interest earned on the deposit or investment of the money in the [Heil trust fund for wild horses.] fund.
Sec. 5. NRS 504.460 is hereby amended to read as follows:
504.460 1. [Upon the approval of all its members, the commission for the preservation of wild horses] The director shall appoint an [executive director] administrator who is in the unclassified service of the state [.] and serves at the pleasure of the director. The [executive director] administrator must have substantial knowledge of wild horses and their habitat and an interest in their protection. [He may, with the approval of the commission, contract for] The administrator shall appoint any clerical or technical employees necessary to carry out his duties.
2. The [executive director] administrator shall:
(a) Carry out the policies of the commission ; [for the preservation of wild horses;] and
(b) Act as the recording secretary for the commission.
3. No written protest, petition for judicial review or appeal of an administrative decision concerning the management of wild horses may be filed in any action or proceeding on behalf of the commission by the administrator or any other person unless the filing is approved by the director and a copy of the filing is provided to:
(a) Each person who is authorized to graze livestock on the public land which is the subject of the filing;
(b) The chairman of the board of county commissioners of each county where any part of the public land that is the subject of the filing is located; and
(c) Each member of the commission.
The commission shall review the matter concerning the filing at its next meeting.
Sec. 6. NRS 504.470 is hereby amended to read as follows:
504.470 1. The primary duties of the commission are to preserve [the] viable herds of wild horses [and identify programs to maintain the herds in] on public lands designated by the Secretary of the Interior as sanctuaries for the protection of wild horses and burros pursuant to 16 U. S. C. § 1333 (a), at levels known to achieve a thriving natural ecological balance [.]
κ1997 Statutes of Nevada, Page 2535 (CHAPTER 537, SB 211)κ
balance [.] , within the limitations of the natural resources of those lands and the use of those lands for multiple purposes, and to identify programs for the maintenance of those herds. To carry out these duties [it] the commission shall:
(a) Promote the management and protection of wild horses;
(b) Act as liaison between the state, the general public and interested organizations on the issue of the preservation of wild horses;
(c) Advise the governor on the status of wild horses in Nevada and the activities of the commission;
(d) Solicit and accept contributions for the [commission fund and the] Heil trust fund for wild horses;
(e) Recommend to the legislature legislation which is consistent with federal law;
(f) Develop, identify, initiate, manage and coordinate projects to study, preserve and manage wild horses and their habitat;
(g) Monitor the activities of state and federal agencies, including the military, which affect wild horses;
(h) Participate in programs designed to encourage the protection and management of wild horses;
(i) Develop and manage a plan to educate and inform the public of the activities of the commission for the preservation of wild horses;
(j) Report biennially to the legislature concerning its programs, objectives and achievements; and
(k) Take any action necessary to fulfill the intent of the Heil trust.
2. The commission may:
(a) Grant an award in an amount it considers appropriate for information leading to the conviction of a person who violates federal or state laws concerning wild horses; and
(b) Adopt regulations necessary to carry out the purposes of NRS 504.430 to 504.490, inclusive.
Sec. 7. NRS 232.070 is hereby amended to read as follows:
232.070 1. As executive head of the department, the director is responsible for the administration, through the divisions and other units of the department, of all provisions of law relating to the functions of the department, except functions assigned by law to the state environmental commission , [or] the state conservation commission [.] or the commission for the preservation of wild horses.
2. Except as otherwise provided in subsection 4, the director shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the department and coordinate departmental and divisional programs with other departments and with other levels of government.
(e) Appoint the executive head of each division within the department.
(f) Delegate to the executive heads of the divisions such authorities and responsibilities as he deems necessary for the efficient conduct of the business of the department.
κ1997 Statutes of Nevada, Page 2536 (CHAPTER 537, SB 211)κ
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the department, and alter departmental organization and reassign responsibilities as he deems appropriate.
(h) From time to time adopt, amend and rescind such regulations as he deems necessary for the administration of the department.
3. Except as otherwise provided in subsection 4, the director may enter into cooperative agreements with any federal or state agency or political subdivision of the state, [or] any public or private institution located in or outside the State of Nevada, or any other person, [corporation or association,] in connection with studies and investigations pertaining to any activities of the department.
4. This section does not confer upon the director any powers or duties which are delegated by law to the state environmental commission , [or] the state conservation commission [,] or the commission for the preservation of wild horses, but the director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the commissions.
5. All gifts of money and other property which the director is authorized to accept must be accounted for in the department of conservation and natural resources gift fund which is hereby created as a trust fund.
Sec. 8. NRS 232.090 is hereby amended to read as follows:
232.090 1. The department consists of the director and the following divisions:
(a) The division of water resources.
(b) The division of state lands.
(c) The division of forestry.
(d) The division of state parks.
(e) The division of conservation districts.
(f) The division of environmental protection.
(g) The division of water planning.
(h) The division of wildlife.
(i) Such other divisions as the director may from time to time establish.
2. The state environmental commission, the state conservation commission, the commission for the preservation of wild horses, the Nevada natural heritage program and the board to review claims are within the department.
Sec. 9. 1. The commission for the preservation of wild horses shall prepare a statewide plan to carry out the provisions of NRS 504.430 to 504.490, inclusive. The plan must include an explanation of the manner in which the money in the Heil trust fund for wild horses will be expended to carry out those provisions.
2. The commission shall, in preparing the plan required pursuant to subsection 1, conduct public meetings to receive comments from members of the general public.
3. The commission shall submit a copy of the plan to the director of the legislative counsel bureau not later than March 1, 1999, for transmittal to the 70th session of the Nevada legislature.
κ1997 Statutes of Nevada, Page 2537 (CHAPTER 537, SB 211)κ
Sec. 10. The state controller shall, as soon as practicable after July 1, 1997, transfer any money in the fund for the commission for the preservation of wild horses created pursuant to NRS 504.450 which has not been committed for expenditure, to the Heil trust fund for wild horses created pursuant to NRS 504.450.
Sec. 11. 1. Notwithstanding the provisions of subsection 4 of NRS 504.450, there is hereby appropriated from the state general fund to the directors office of the state department of conservation and natural resources the following sums for the purposes set forth in subsection 2:
For the fiscal year 1997-98........................................................................... $75,000
For the fiscal year 1998-99............................................................................. 75,000
2. The sums appropriated by subsection 1 must be allocated as follows for each of the respective fiscal years:
For the salaries of the members of the commission for the preservation of wild horses and their expenses for travel in this state and the expenses relating to their participation in seminars, public hearings and field trips to gather information required for the preparation and adoption of the plan required by section 9 of this act............................................................................................... $13,500
For the salary, benefits and travel and operating expenses of a wildlife staff biologist in the directors office of the state department of conservation and natural resources to assist the commission for the preservation of wild horses in the preparation of the plan required by section 9 of this act............................... 61,500
3. 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 year and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 12. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 2538κ
Senate Bill No. 218Committee on Finance
CHAPTER 538
AN ACT relating to state financial administration; creating the disaster relief fund to provide grants or loans of money to state agencies or local governments for certain expenses incurred because of a disaster; creating the emergency assistance account within that fund to provide assistance in the event of a natural or technological emergency or disaster; providing for the administration of the fund and the account; 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 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Disaster means a fire, flood, earthquake, drought, explosion, civil disturbance or any other occurrence or threatened occurrence that, regardless of cause:
1. Results in, or may result in, widespread or severe damage to property or injury to or the death of persons in this state; and
2. As determined by the governor, requires immediate action to protect the health, safety and welfare of the residents of this state.
Sec. 4. Eligible project means a project that:
1. Is related to a disaster; and
2. Is proposed, coordinated or conducted by a public or nonprofit private entity that has been designated and approved as qualifying and eligible to receive federal grant money for the disaster from a federal disaster assistance agency.
Sec. 5. Fund means the disaster relief fund created pursuant to section 8 of this act.
Sec. 6. Grant match means the share of a grant provided by a federal disaster assistance agency that must be matched by a state or local government.
Sec. 7. Local government has the meaning ascribed to it in NRS 354.474.
Sec. 8. 1. The disaster relief fund is hereby created as a special revenue fund. The interim finance committee shall administer the fund. Except as otherwise provided in subsection 2, money received from:
(a) A direct legislative appropriation to the fund;
(b) A transfer of one-half of the interest earned on money in the fund to stabilize the operation of state government made pursuant to NRS 353.288; and
(c) A grant, gift or donation to the fund, must be deposited in the fund.
κ1997 Statutes of Nevada, Page 2539 (CHAPTER 538, SB 218)κ
must be deposited in the fund. Except as otherwise provided in section 18 of this act, the interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund.
2. If, at the end of each quarter of a fiscal year, the balance in the fund exceeds 0.75 percent of the total amount of all appropriations from the state general fund for the operation of all departments, institutions and agencies of state government and authorized expenditures from the state general fund for the regulation of gaming for that fiscal year, the state controller shall not, until the balance in the fund is 0.75 percent or less of that amount, transfer any interest earned on money in the fund to stabilize the operation of state government from the state general fund to the fund pursuant to the provisions of NRS 353.288.
3. Money in the fund may be distributed through grants and loans to state agencies and local governments as provided in sections 2 to 15, inclusive, of this act.
4. If the governor declares a disaster, the state board of examiners shall estimate:
(a) The money in the fund that is available for grants and loans for the disaster pursuant to the provisions of sections 2 to 15, inclusive, of this act; and
(b) The anticipated amount of those grants and loans for the disaster.
Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the fund for such grants and loans, all grants and loans from the fund for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceed the money in the fund that is available for grants and loans for the disaster. If the reduction of a grant or loan from the fund would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.
Sec. 9. Money in the fund may be distributed as a grant to a state agency because of a disaster for the payment of expenses incurred by the state agency for:
1. The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the state and damaged by the disaster;
2. Any emergency measures undertaken to save lives, protect public health and safety or protect property in the jurisdiction in which the disaster occurred;
3. The removal of debris from publicly or privately owned land and waterways undertaken because of the disaster; and
4. The administration of a disaster assistance program.
Sec. 10. Money in the fund may be distributed as a grant to a local government because of a disaster for:
1. The payment of expenses incurred by the local government for:
(a) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster; and
κ1997 Statutes of Nevada, Page 2540 (CHAPTER 538, SB 218)κ
(b) Any emergency measures undertaken to save lives, protect public health and safety or protect property in the jurisdiction in which the disaster occurred; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government.
Sec. 11. Money in the fund may be distributed as a loan to a local government because of a disaster for:
1. The payment of expenses incurred by the local government for:
(a) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster;
(b) Any overtime worked by an employee of the local government because of the disaster or any other extraordinary expenses incurred by the local government because of the disaster; and
(c) Any projects to reduce or prevent the possibility of damage to persons or property from similar disasters in the future; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government. Before a loan may be distributed to a local government pursuant to this subsection:
(a) The interim finance committee must make a determination that the local government is currently unable to meet its financial obligations; and
(b) The local government must execute a loan agreement in which the local government agrees to:
(1) Use the money only for the purpose of paying the grant match; and
(2) Repay the entire amount of the loan, without any interest or other charges, to the disaster relief fund not later than 10 years after the date on which the agreement is executed.
Sec. 12. 1. A state agency or local government may submit a request to the state board of examiners for a grant or loan from the fund as provided in sections 2 to 15, inclusive, of this act if:
(a) The agency or local government finds that, because of a disaster, it is unable to pay for an expense or grant match specified in section 9, 10 or 11 of this act from money appropriated or otherwise available to the agency or local government; and
(b) The request has been approved by the chief administrative officer of the state agency or the governing body of the local government.
2. A request for a grant or loan submitted pursuant to subsection 1 must include:
(a) A statement setting forth the amount of money requested by the state agency or local government;
(b) An assessment of the need of the state agency or local government for the money requested; and
κ1997 Statutes of Nevada, Page 2541 (CHAPTER 538, SB 218)κ
(c) A determination of the type, value and amount of resources the state agency or local government may be required to provide as a condition for the receipt of a grant or loan from the fund.
3. Upon the receipt of a request for a grant or loan submitted pursuant to subsection 1, the state board of examiners:
(a) Shall consider the request; and
(b) May require any additional information that it determines is necessary to make a recommendation.
4. If the state board of examiners finds that a grant or loan is appropriate, it shall include in its recommendation to the interim finance committee the proposed amount of the grant or loan. If the state board of examiners recommends a loan for a local government, it shall include the information required pursuant to subsection 1 of section 14 of this act. If the state board of examiners finds that a grant or loan is not appropriate, it shall include in its recommendation the reason for its determination.
5. The provisions of this section do not prohibit a state agency or local government from submitting more than one request for a grant or loan from the fund.
Sec. 13. 1. The state board of examiners shall submit a recommendation for each request for a grant or loan made pursuant to section 12 of this act to the director of the legislative counsel bureau. Upon receipt of the recommendation, the director shall notify the chairman of the interim finance committee of that recommendation. The chairman shall call a meeting of the committee to consider the recommendation.
2. The interim finance committee may reject any recommendation of the state board of examiners and independently evaluate and act upon any request submitted pursuant to section 12 of this act.
3. If the interim finance committee finds that a grant or loan from the fund is appropriate and may be made in accordance with the provisions of sections 2 to 15, inclusive, of this act, it shall, by resolution:
(a) Establish the amount and purpose of the grant or loan; and
(b) Provide for the transfer of that amount from the fund to the appropriate state agency or local government.
4. No grant or loan from the fund may be made by the interim finance committee to increase the salaries of any officers or employees of the state or a local government.
Sec. 14. 1. In addition to any applicable requirements set forth in section 11 of this act, if the interim finance committee approves a loan to a local government pursuant to the provisions of sections 2 to 15, inclusive, of this act, the approval must include a schedule for the repayment of the loan. The schedule must specify:
(a) A period of not more than 10 years for the repayment of the loan; and
(b) The rate of interest, if any, for the loan.
2. Except as otherwise provided in subsection 3, if a local government receives a loan from the fund and, before the loan is repaid, the local government receives money from the Federal Government for a grant match or any of the expenses set forth in subsection 1 of section 11 of this act for which the local government received the loan, the local government shall deposit with the state treasurer for credit to the fund an amount of money equal to the money it received from the Federal Government for the grant match or the expenses.
κ1997 Statutes of Nevada, Page 2542 (CHAPTER 538, SB 218)κ
deposit with the state treasurer for credit to the fund an amount of money equal to the money it received from the Federal Government for the grant match or the expenses.
3. Any money deposited with the state treasurer for credit to the fund pursuant to subsection 2 must be used to pay the unpaid balance of the loan specified in subsection 2. If any money remains after that payment is made, the remaining money must be paid to the local government to whom the loan was made.
Sec. 15. 1. Except as otherwise provided in this section, no grant or loan may be made from the fund to a state agency or local government unless, as a condition of making the grant or loan, the state agency or local government agrees to provide an amount of its resources equal to at least 25 percent of the grant or loan. The state board of examiners shall determine the type, value and amount of the resources, including money, labor, materials, supplies and equipment, that is required to be provided by the state agency or local government.
2. If a state agency or local government submits a request for a grant or loan pursuant to section 12 of this act and:
(a) It maintains a policy of insurance providing coverage for damages, injuries or other losses incurred because of a disaster; or
(b) If the request is submitted by a local government, it has established a district for the control of floods pursuant to NRS 543.170 to 543.830, inclusive,
the state board of examiners may recommend that the state agency or local government provide a portion of its resources in an amount that is less than the amount required pursuant to subsection 1.
3. The state board of examiners may, if it determines that the state agency or local government is unable to provide any portion of its resources as its contribution for the receipt of a grant or loan, recommend that the state agency or local government not be required to provide any portion of its resources as a condition for the receipt of the grant or loan.
Sec. 16. NRS 353.288 is hereby amended to read as follows:
353.288 1. The fund to stabilize the operation of the state government is hereby created as a special revenue fund. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the state controller shall deposit to the credit of the fund two-fifths of any revenue in the state general fund collected by the state for general, unrestricted uses, and not for special purposes, in excess of the amount necessary to:
(a) Pay all appropriations made for the support of the state government for the fiscal year in which that revenue will be deposited in the fund; and
(b) Attain the reserve required by NRS 353.213.
2. The balance in the fund must not exceed 10 percent of the total of all appropriations from the state general fund for the operation of all departments, institutions and agencies of the state government and authorized expenditures from the state general fund for the regulation of gaming for the fiscal year in which that revenue will be deposited in the fund.
3. Except as otherwise provided in this subsection and section 8 of this act, beginning with the fiscal year that begins on July 1, 1999, the state controller shall, at the end of each quarter of a fiscal year, transfer from the state general fund to the disaster relief fund created pursuant to section 8 of this act an amount equal to one-half of the interest earned on money in the fund to stabilize the operation of state government during the previous quarter.
κ1997 Statutes of Nevada, Page 2543 (CHAPTER 538, SB 218)κ
controller shall, at the end of each quarter of a fiscal year, transfer from the state general fund to the disaster relief fund created pursuant to section 8 of this act an amount equal to one-half of the interest earned on money in the fund to stabilize the operation of state government during the previous quarter. The state controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.
4. Money from the fund to stabilize the operation of the state government may be appropriated only:
(a) If the total actual revenue of the state falls short by 5 percent or more of the total anticipated revenue for the biennium in which the appropriation is made; or
(b) If the legislature and the governor declare that a fiscal emergency exists.
Sec. 17. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the interim finance committee may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.
2. During a regular session , the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224 and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, subsection 6 of NRS 445B.830 and NRS 538.650 [.] and sections 2 to 15, inclusive, of this act. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
3. During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of sections 2 to 15, inclusive, of this act.
4. If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 18. Chapter 414 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the emergency assistance account within the disaster relief fund created pursuant to section 8 of this act. Beginning with the fiscal year that begins on July 1, 1999, the state controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the disaster relief fund to the account in an amount not to exceed $500,000.
2. The state emergency response commission shall administer the account. The commission may adopt regulations authorized by this section before, on or after July 1, 1999.
κ1997 Statutes of Nevada, Page 2544 (CHAPTER 538, SB 218)κ
3. All expenditures from the account must be approved in advance by the commission. Except as otherwise provided in subsection 4, all money in the account must be expended solely to:
(a) Provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural or technological emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy; and
(b) Pay any actual expenses incurred by the commission for administration during a natural or technological emergency or disaster.
4. Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the commission may, with the approval of the interim finance committee, allocate all or any portion of the remaining balance to this state or to a local government to:
(a) Purchase equipment or supplies required for emergency management; and
(b) Provide training to personnel related to emergency management.
5. Beginning with the fiscal year that begins on July 1, 1999, the commission shall, at the end of each quarter of a fiscal year, submit to the interim finance committee a report of the expenditures made from the account for the previous quarter.
6. The commission shall adopt such regulations as are necessary to administer the account.
7. The commission may adopt regulations to provide for reimbursement of expenditures made from the account. If the commission requires such reimbursement, the attorney general shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the fund, upon request by the commission.
Sec. 19. NRS 459.738 is hereby amended to read as follows:
459.738 1. The state emergency response commission is hereby created for the purpose of carrying out the provisions of section 18 of this act, Public Law 99-499 and other matters relating thereto.
2. The commission consists of not more than 25 members appointed by the governor. The governor shall, to the extent practicable, appoint persons to the commission who have technical expertise in responding to emergencies.
3. The term of each member of the commission is 4 years. A member may be reappointed, and there is no limit on the number of terms that a member may serve.
4. The governor shall appoint one or more of the members of the commission to serve as chairman or co-chairmen.
5. The commission may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of its duties.
Sec. 20. Notwithstanding the amendatory provisions of section 16 of this act, the state controller shall, at the end of the first quarter of the 1999-2000 fiscal year and at the end of the first quarter of each subsequent fiscal year, transfer one-half of the interest earned during the previous quarter on the money in the fund to stabilize the operation of state government created pursuant to NRS 353.288 to the emergency assistance account created pursuant to section 18 of this act, in an amount not to exceed $500,000 per year.
κ1997 Statutes of Nevada, Page 2545 (CHAPTER 538, SB 218)κ
year, transfer one-half of the interest earned during the previous quarter on the money in the fund to stabilize the operation of state government created pursuant to NRS 353.288 to the emergency assistance account created pursuant to section 18 of this act, in an amount not to exceed $500,000 per year. Such a transfer must be made until the balance in the disaster relief fund created pursuant to section 8 of this act is sufficient to earn interest in an amount of at least $500,000 annually. Thereafter, the interest earned on the money in the fund to stabilize the operation of state government must be transferred in accordance with the amendatory provisions of sections 8 and 16 of this act.
Sec. 21. A grant or loan may be made from the disaster relief fund pursuant to the provisions of sections 2 to 15, inclusive, of this act for any disaster that occurs on or after January 1, 1997.
Sec. 22. There is hereby appropriated from the state general fund to the disaster relief fund created pursuant to section 8 of this act the sum of $4,000,000.
Sec. 23. 1. This section and sections 1 to 21, inclusive, of this act become effective upon passage and approval.
2. Section 22 of this act becomes effective on June 30, 1997.
________
Senate Bill No. 242Committee on Commerce and Labor
CHAPTER 539
AN ACT relating to businesses; authorizing a pawnbroker who receives a motor vehicle in pledge as security for a loan to store the motor vehicle; allowing property received in pledge by a pawnbroker to be removed from his place of business pursuant to a search warrant; increasing the interest rate a pawnbroker may charge and receive for money loaned on certain personal property; prohibiting a junk dealer or secondhand dealer from selling a motor vehicle to the person from whom the motor vehicle was bought; clarifying that a person who buys and sells antiques and collectibles is a secondhand dealer; revising the provisions relating to the period for the retention of certain types of property by secondhand dealers; providing a penalty; 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 646 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 646.010 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. Motor vehicle means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.
κ1997 Statutes of Nevada, Page 2546 (CHAPTER 539, SB 242)κ
Sec. 4. 1. A pawnbroker who receives a motor vehicle in pledge as security for a loan pursuant to NRS 646.050 may remove the motor vehicle from his place of business to a place used by the pawnbroker for the storage of motor vehicles received in pledge.
2. The pawnbroker:
(a) Shall hold the motor vehicle at the place of storage for the same period that personal property must be held at his place of business pursuant to this chapter; and
(b) May only remove the motor vehicle from the place of storage under the same conditions that personal property may be removed from his place of business pursuant to this chapter.
Sec. 5. NRS 646.010 is hereby amended to read as follows:
646.010 [Every] Pawnbroker means every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or other secured transactions in personal property . [, shall be deemed to be a pawnbroker.]
Sec. 6. NRS 646.040 is hereby amended to read as follows:
646.040 No property received in pledge by a pawnbroker may be removed from his place of business [, except when redeemed by the owner thereof,] within 30 days after the receipt [thereof] of the property is reported to the sheriff or the chief of police as provided in this chapter [.] , unless the property is:
1. Redeemed by the owner thereof; or
2. Seized pursuant to a search warrant.
Sec. 7. NRS 646.050 is hereby amended to read as follows:
646.050 1. A pawnbroker may charge and receive interest at the rate of [8] 10 percent a month for money loaned on the security of personal property actually received in pledge, and a person shall not ask or receive a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property. For any loan made , a pawnbroker may make an initial charge of $5 in addition to interest at the authorized rate.
2. All personal property must be held for redemption for at least 120 days after the date of pledge with any pawnbroker.
3. A pawnbroker shall give to the person securing the loan a printed receipt clearly showing the amount loaned and rate of interest, together with a description of the pledged property. The [reverse side of the] receipt must be marked in such a manner that the amounts of principal and interest paid by the person securing the loan can be clearly designated. Each payment must be entered upon the [reverse side of the] receipt , and each entry must designate how much of the payment is being credited to principal and how much to interest, with dates of payments shown thereon.
4. A pawnbroker shall not charge more than $3 per day for the storage of a motor vehicle which is collateral for a loan.
Sec. 8. NRS 646.060 is hereby amended to read as follows:
646.060 A pawnbroker, and a clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor if he:
κ1997 Statutes of Nevada, Page 2547 (CHAPTER 539, SB 242)κ
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports a material matter falsely to the sheriff or to the chief of police.
6. Fails to report immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes property received or allows it to be removed from his place of business [, except upon redemption by the owner thereof, within 30 days after the receipt thereof is reported to the sheriff or to the chief of police.] in violation of NRS 646.040.
8. Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitual felon, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
9. Violates any of the provisions of NRS 646.050.
Sec. 9. Chapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 17, inclusive, of this act.
Sec. 10. Advertise includes the use of any newspaper, magazine or other publication, letter, sign, card or other printed matter, radio or television transmission or any other method to bring to the attention of the public that a person is engaged in the business of:
1. Purchasing or selling hides or junk; or
2. Buying and selling metal junk, melted metals or secondhand personal property, including, without limitation, antiques or collectibles.
Sec. 11. Antique means a unique object of personal property that is not less than 60 years old and has special value primarily because of its age.
Sec. 12. Collectible means an object of personal property that has special value primarily because of its unique characteristics and the high level of demand for the object.
Sec. 13. Junk includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind.
Sec. 14. Junk dealer means every person, firm or corporation engaged in the business of purchasing or selling hides or junk.
Sec. 15. Secondhand dealer means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, including, without limitation, antiques and collectibles.
κ1997 Statutes of Nevada, Page 2548 (CHAPTER 539, SB 242)κ
secondhand personal property, including, without limitation, antiques and collectibles.
Sec. 16. A junk dealer or secondhand dealer who, after purchasing property from a customer, enters into an agreement to allow the customer to buy back the property:
1. Must be licensed as a pawnbroker by the county, city or town in which the transaction occurred if that county, city or town requires pawnbrokers to obtain a license; and
2. Shall comply with the provisions of chapter 646 of NRS.
Sec. 17. 1. A junk dealer or secondhand dealer may not, as part of his business as a junk dealer or secondhand dealer, buy a motor vehicle from a person and sell the motor vehicle to the same person.
2. As used in this section, motor vehicle means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.
Sec. 18. NRS 647.010 is hereby amended to read as follows:
647.010 As used in this chapter, unless the context otherwise requires [:
1. Advertise includes the use of any newspaper, magazine or other publication, letter, sign, card or other printed matter, radio or television transmission or any other method to bring to the attention of the public that a person is engaged in the business of:
(a) Purchasing or selling hides or junk; or
(b) Buying and selling secondhand personal property, metal junk or melted metals.
2. Junk includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind.
3. Junk dealer means every person, firm or corporation engaged in the business of purchasing or selling hides or junk.
4. Secondhand dealer means any person engaged in whole or in part in the business of buying and selling secondhand personal property, metal junk or melted metals.] , the words and terms defined in sections 10 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 19. NRS 647.130 is hereby amended to read as follows:
647.130 [No]
1. Except as otherwise provided in subsection 2, no property which has a specific mark for identification or is otherwise individually identifiable and is bought by any secondhand dealer may be removed from his place of business at which the transaction occurred within:
[1.] (a) Thirty days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police, if the place of business is located in a county whose population is 400,000 or more; or
[2.] (b) Fifteen days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police, if the place of business is located in a county whose population is less than 400,000.
κ1997 Statutes of Nevada, Page 2549 (CHAPTER 539, SB 242)κ
2. A secondhand dealer who purchases a motor vehicle may, during the period prescribed in subsection 1, remove the motor vehicle from the place of business at which the transaction occurred to a place used by the secondhand dealer for the storage of purchased motor vehicles. Once the motor vehicle is moved to the place of storage, the secondhand dealer shall not remove the motor vehicle from that place during the remainder of the period prescribed in subsection 1.
Sec. 20. NRS 647.140 is hereby amended to read as follows:
647.140 A secondhand dealer and a clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports a material matter falsely to the sheriff or to the chief of police.
6. Fails to report immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes specifically marked or otherwise individually identifiable property received or allows it to be removed from his place of business or place of storage in violation of the provisions of NRS 647.130.
8. Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitual felon, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
Sec. 21. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 22. 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.
________
κ1997 Statutes of Nevada, Page 2550κ
Senate Bill No. 283Senator Augustine
CHAPTER 540
AN ACT relating to electric facilities; revising the provisions that require the establishment of a service district to assess the cost of underground electric facilities against the specially benefited lots; 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 704A.140 is hereby amended to read as follows:
704A.140 Service district means a new underground electric and communication service district as defined by NRS 704A.080, or an underground [conversion] service district as defined by NRS 704A.150, as the case may be.
Sec. 2. NRS 704A.150 is hereby amended to read as follows:
704A.150 Underground [conversion] service district means an area in which [existing] electric and communication facilities are to be placed underground, exclusive of:
1. Any lines or facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of [25,000] 300,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.
2. Facilities used or intended to be used for the transmission of intelligence by microwave or radio.
3. Facilities such as transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities which normally are above the surface in areas where service lines are underground in accordance with standard underground practices.
4. On-the-ground facilities attached to overhead facilities which are used to connect an underground system to overhead facilities.
Sec. 3. NRS 704A.180 is hereby amended to read as follows:
704A.180 1. Within 15 days after the receipt of [the petition,] a petition to establish a service district, each public utility corporation other than the municipality shall notify the municipality of the [petitions] receipt of the petition and shall request the municipality to notify the public utility corporation of the basis to be used by the municipality in the apportionment of the costs related to the installation of the facility underground to be defrayed by special assessments levied against the specially benefited lots within the proposed service district if the facilities of the public utility corporation therein are to be placed underground [under] pursuant to this chapter.
2. Within 30 days of the receipt by the municipality of each such request, or, if the public utility corporation is the municipality, the petition, the local governing body shall state, by resolution, the basis for the apportionment of those costs by assessments against the specially benefited lots, subject to the provisions of subsections 5 and 6 of NRS 704A.240, and shall forthwith cause a certified true copy of the resolution pertaining to each public utility corporation requesting the basis of assessments to be furnished thereto.
κ1997 Statutes of Nevada, Page 2551 (CHAPTER 540, SB 283)κ
each public utility corporation requesting the basis of assessments to be furnished thereto.
3. Within 120 days after receipt of the basis for assessments, or, if the public utility corporation is the municipality, after the adoption of the resolution, each public utility corporation serving the area shall:
(a) Make a study of the cost of providing new underground electric and communication facilities or conversion of its facilities in the area to underground service.
(b) Make available in its office to the petitioners and to all owners of real property within the proposed service district a joint report of the results of the study of the public utility corporations affected.
4. If a public utility corporation subject to the jurisdiction of the public service commission of Nevada determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of the public service commission of Nevada, so state in the joint report and proceed no further toward installation of the proposed service. [Nothing in this chapter requires] This chapter does not require the public service commission of Nevada to participate in preparation of the joint report referred to in this section.
5. If a public utility corporation is a city or county and if it determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of its governing body, as provided by resolution , so state in the joint report and proceed no further toward installation of the proposed service.
6. Except for the facilities of each public utility corporation described in subsection 4 or 5, if any, the joint report must:
(a) Contain an estimate of the costs to be assessed to each lot of real property located within the proposed service district for the construction of new facilities or conversion of facilities within public places.
(b) Indicate the estimated cost to be assessed to each lot of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot.
(c) Indicate the estimated cost, if any, to be borne by the public utility corporation for any facilities to be provided by it and which remain its property rather than becoming property of owners of individual lots, as provided by regulations of the public service commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.
7. The costs of preparing the joint report must be borne by the public utility corporation or corporations whose electric or communication facilities are to be included in the proposed service district unless the governing body orders the establishment of the service district, in which event the costs must be included in the costs of the service district.
Sec. 4. NRS 704A.240 is hereby amended to read as follows:
704A.240 1. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned , the governing body shall give full consideration to all written objections which have been filed and shall hear all owners of real property within the proposed service district desiring to be heard.
κ1997 Statutes of Nevada, Page 2552 (CHAPTER 540, SB 283)κ
which have been filed and shall hear all owners of real property within the proposed service district desiring to be heard.
2. If the governing body determines [at] after the hearing that [:] an existing or a new electric facility must be placed underground and that:
(a) The requirements for the establishment of a service district have been satisfied;
(b) Objections have not been filed in writing by more than 40 percent of the owners of real property within the proposed service district, or by owners of more than 40 percent of the real property on a square foot basis in the proposed service district;
(c) Considering all objections, the cost of construction or conversion as contained in the joint report prepared pursuant to NRS 704A.180 is economically and technically feasible for the public utility corporations involved and the owners of real property affected; and
(d) The proposed service district is a reasonably compact area [of reasonable size,] which encompasses areas that will benefit from the installation of the facility underground,
the governing body shall enact an ordinance establishing the area as a service district.
3. The ordinance [shall:] must:
(a) State the costs to be assessed to each lot in the service district, which [shall] must include the appropriate share of all costs referred to in NRS 704A.180 and 704A.210.
(b) Direct the public utility corporation owning overhead electric or communication facilities within the service district to construct or convert such facilities to underground facilities and, in the case of a public utility corporation other than a city or county, to construct or convert such facilities in accordance with standard underground practices and procedures approved by the public service commission of Nevada.
(c) State the method of levying assessments, the number of installments, and the times when the costs assessed will be payable.
4. Before enacting an ordinance establishing a service district, the governing body shall exclude by resolution or ordinance any territory described in the petition which the governing body finds will not be benefited by inclusion in the service district or for which [territory] underground construction or conversion is not economically or technically feasible.
5. The basis for apportioning the assessments:
(a) [Shall] Must be in proportion to the special benefits derived to each of the several lots comprising the assessable property within the service district; and
(b) [Shall] Must be on a front foot, area, zone or other equitable basis as determined by the governing body.
6. Regardless of the basis used for the apportionment of assessments, in cases of wedge or V or any other irregularly shaped lots, an amount apportioned thereto [shall] must be in proportion to the special benefits thereby derived.
κ1997 Statutes of Nevada, Page 2553 (CHAPTER 540, SB 283)κ
7. The assessable property in the service districts consists of the lots specially benefited by the construction or conversion of service facilities, except:
(a) Any lot owned by the Federal Government in the absence of consent of Congress to its assessment; and
(b) Any lot owned by the municipality.
Sec. 5. NRS 704A.300 is hereby amended to read as follows:
704A.300 1. The service facilities within the boundaries of each lot within an underground [conversion] service district must be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The public utility corporation involved, directly or through a contractor, shall, in accordance with the rules and regulations of the public utility corporation, but subject to the regulations of the public service commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, subject to any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot in the case of:
(a) An electric public utility, up to the service entrance.
(b) A communication public utility, to the connection point within the house or structure.
2. All costs or expenses of conversion must be included in the costs on which the underground conversion cost for such property is calculated, as provided in this chapter.
Sec. 6. NRS 704A.160 is hereby repealed.
________
Senate Bill No. 310Committee on Natural Resources
CHAPTER 541
AN ACT relating to animals; prohibiting certain entities from releasing certain animals for adoption unless those animals have been sterilized; requiring persons who adopt certain unsterilized animals to enter into an agreement for the sterilization of those animals; requiring that an agreement for sterilization contain certain matters; 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 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Agreement for sterilization means the written contract between a new owner and the releasing agency from which the new owner adopts a pet, in which the new owner agrees to have the pet sterilized.
κ1997 Statutes of Nevada, Page 2554 (CHAPTER 541, SB 310)κ
Sec. 4. New owner means a person who is adopting a pet from a releasing agency.
Sec. 5. 1. Pet means an animal that is kept by a person primarily for companionship or personal enjoyment.
2. The term does not include an animal that is kept by a person primarily for:
(a) Hunting;
(b) Use in connection with farming or agriculture;
(c) Breeding;
(d) Drawing heavy loads; or
(e) Use as a guide dog, hearing dog, helping dog or other service animal, as those terms are defined in chapter 426 of NRS.
Sec. 6. Releasing agency means:
1. A society incorporated pursuant to NRS 574.010 to prevent cruelty to animals;
2. An animal shelter designated by a local government for receiving and holding animals;
3. A nonprofit entity that provides for the temporary shelter, care or placement of pets; or
4. An organization that takes into custody pets which have been abandoned, abused or neglected and places those pets with new owners.
Sec. 7. Sterilization means a procedure performed by a veterinarian on a pet that permanently destroys the capacity of the pet to reproduce.
Sec. 8. Veterinarian has the meaning ascribed to it in NRS 574.330.
Sec. 9. 1. Except as otherwise provided in subsection 2, a releasing agency shall not release a pet that is:
(a) Four months old or older unless the pet has been sterilized; or
(b) Less than 4 months old unless the pet is released to a new owner who:
(1) Is of competent legal capacity;
(2) Pays to the releasing agency a deposit equal to the prevailing cost to sterilize that type of pet in the county in which the releasing agency is located, as determined by the releasing agency, or $25, whichever is greater; and
(3) Signs an agreement for sterilization that meets the requirements set forth in section 10 of this act.
2. This section does not apply to:
(a) A pet that:
(1) Is reclaimed from a releasing agency by a person who already owns the pet; or
(2) Cannot be sterilized because it is exotic or for another legitimate reason, as determined by a veterinarian.
(b) A releasing agency that imposes higher or more stringent standards for the adoption of pets.
(c) The temporary transfer of the custody of a pet that requires medical attention from a releasing agency to a veterinarian.
(d) The temporary or permanent transfer of the custody of a pet from one releasing agency to another releasing agency.
κ1997 Statutes of Nevada, Page 2555 (CHAPTER 541, SB 310)κ
Sec. 10. 1. An agreement for sterilization required pursuant to subsection 1 of section 9 of this act must contain:
(a) The date on which the agreement was executed;
(b) The date on which the new owner will receive the pet, if that date is different than the date on which the agreement was executed;
(c) The name and address of the new owner and the releasing agency;
(d) The signature of the new owner and the signature, official stamp or seal of the releasing agency;
(e) A physical description of the pet to be adopted;
(f) The date by which the pet must be sterilized, as determined pursuant to subsection 2;
(g) The date by which the new owner must notify the releasing agency that the pet has been sterilized, as determined pursuant to subsection 3;
(h) The conditions pursuant to which the releasing agency will return to the new owner the deposit paid pursuant to section 9 of this act;
(i) A clause which provides that, if the new owner fails to comply with the terms of the agreement, he must pay a penalty to the releasing agency in an amount equal to not less than three times the amount of the deposit required pursuant to section 9 of this act, plus the amount of court costs incurred in the action to enforce the clause;
(j) A clause which provides that, if the new owner fails to comply with the terms of the agreement, the releasing agency may require the new owner to return the pet to the releasing agency within 5 days after the new owner receives from the releasing agency written notice of the intent of the releasing agency to enforce the clause;
(k) A clause which provides that a new owner is not released from his obligations under the agreement merely because he is experiencing a financial hardship; and
(l) A statement printed in at least 14-point bold type that a new owner who fails to comply with subsection 1 or 2 of section 12 of this act:
(1) Will forfeit his deposit;
(2) May be required to pay a penalty to the releasing agency if the releasing agency brings a successful action to enforce the clause set forth in paragraph (i); and
(3) May be required to return the pet to the releasing agency within 5 days after the new owner receives written notice from the releasing agency of the intent of the releasing agency to enforce the clause set forth in paragraph (j).
2. The releasing agency shall determine the date by which each unsterilized pet that it releases for adoption must be sterilized. The date must be the date on which the pet is 4 months old, as estimated by the releasing agency. If the date determined pursuant to this subsection falls on a Saturday, Sunday or a legal holiday, the pet must be sterilized by 5 p.m. on the next following business day.
3. The date by which the new owner must notify the releasing agency that the pet has been sterilized must be the 14th day after the date by which the pet must be sterilized. If that date falls on a Saturday, Sunday or a legal holiday, the new owner must notify the releasing agency by 5 p.m. on the next following business day.
κ1997 Statutes of Nevada, Page 2556 (CHAPTER 541, SB 310)κ
Sec. 11. 1. Except as otherwise provided in subsection 2, if a new owner presents to the releasing agency a letter signed by a veterinarian which includes:
(a) A statement that the life or health of the pet may be jeopardized by sterilization; and
(b) The veterinarians medical reason for that determination,
the releasing agency may postpone for 30 days the date by which the pet must be sterilized. An additional 30-day postponement may be granted if the new owner presents a letter from a veterinarian stating the medical reason for the postponement. There is no limit on the number of postponements that may be granted pursuant to this subsection.
2. Before the releasing agency may grant a postponement pursuant to subsection 1, the agency and the new owner must modify the agreement for sterilization to provide amended dates by which the pet must be sterilized and the agency must be notified of the sterilization.
Sec. 12. 1. Except as otherwise provided in subsection 2, a new owner who signs an agreement for sterilization and receives an unsterilized pet from a releasing agency shall:
(a) Have that pet sterilized on or before the date specified in the agreement for sterilization; and
(b) Submit to the releasing agency, on or before the date by which notification is required in the agreement for sterilization:
(1) A letter signed by a veterinarian:
(I) Verifying that the pet has been sterilized;
(II) Stating the date on which the pet was sterilized; and
(III) Providing a physical description of the pet; and
(2) A bill or receipt from the veterinarian verifying that the pet has been sterilized.
2. A new owner shall be deemed to have complied with the provisions of subsection 1 if he submits to the releasing agency, on or before the date by which notification is required in the agreement for sterilization, a signed affidavit in which he sets forth a compelling reason why he is unable to have the pet sterilized, including, without limitation, that the pet has been lost or stolen. For the purposes of this subsection, financial hardship or the negligent or willful failure of the new owner to have the pet sterilized does not constitute a compelling reason.
3. A releasing agency shall refund to a new owner the deposit paid pursuant to section 9 of this act within 15 days after receipt of the letter and the bill or receipt required pursuant to subsection 1 or the affidavit required pursuant to subsection 2.
4. If a new owner fails to comply with subsection 1 or 2, the releasing agency:
(a) Shall retain the deposit paid by the new owner;
(b) May bring an action against the new owner in the justices court in whose jurisdiction the releasing agency is located to enforce the clause included in the agreement for sterilization pursuant to paragraph (i) of subsection 1 of section 10 of this act; and
(c) May require the new owner to return the pet to the releasing agency pursuant to the clause included in the agreement for sterilization pursuant to paragraph (j) of subsection 1 of section 10 of this act.
κ1997 Statutes of Nevada, Page 2557 (CHAPTER 541, SB 310)κ
to paragraph (j) of subsection 1 of section 10 of this act. The releasing agency must notify the new owner in writing of its intent to enforce the clause included in the agreement pursuant to paragraph (j) of subsection 1 of section 10 of this act.
Sec. 13. 1. Each releasing agency shall:
(a) Establish an account at a bank, credit union or savings and loan association that is located within the State of Nevada; and
(b) Place in that account:
(1) A deposit paid by a new owner pursuant to section 9 of this act; and
(2) Money collected by the agency pursuant to subsection 4 of section 12 of this act.
2. The releasing agency may expend money in such an account only to:
(a) Provide education and information regarding the sterilization of pets;
(b) Provide financial assistance to persons with financial need to enable such persons to have their pets sterilized; and
(c) Carry out and enforce sections 2 to 13, inclusive, of this act.
3. If a releasing agency is an agency or instrumentality of a local government, money in such an account at the end of the fiscal year does not revert to the general fund of the local government but remains in the account for expenditure pursuant to subsection 2.
________
Senate Bill No. 312Committee on Government Affairs
CHAPTER 542
AN ACT relating to redevelopment; providing for the termination of redevelopment plans; requiring each proposal for a redevelopment project instead of the redevelopment plan to include an employment plan; prohibiting a redevelopment agency from issuing securities and incurring debt to finance a redevelopment plan beyond 20 years after the date on which the plan is adopted; prohibiting the use for redevelopment of certain portions of taxes approved by the voters of a taxing agency for the repayment of bonded indebtedness or attributable to a new or increased tax rate; removing the limitation on the total revenue paid to all redevelopment agencies of a municipality; repealing the provisions governing tax increment areas; 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 279.438 is hereby amended to read as follows:
279.438 [An agency created] A redevelopment plan adopted before July 1, 1987, [expires] and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date are fully paid or at the time provided in NRS 279.439, whichever is later.
Sec. 2. NRS 279.439 is hereby amended to read as follows:
279.439 [An agency created] A redevelopment plan adopted on or after July 1, 1987, [expires] and any amendments to the plan must terminate not later than 30 years after the date on which the [resolution adopted pursuant to NRS 279.428 becomes effective.]
κ1997 Statutes of Nevada, Page 2558 (CHAPTER 542, SB 312)κ
later than 30 years after the date on which the [resolution adopted pursuant to NRS 279.428 becomes effective.] original redevelopment plan is adopted.
Sec. 3. NRS 279.482 is hereby amended to read as follows:
279.482 1. An agency may obligate lessees or purchasers of property acquired in a redevelopment project to:
[1.] (a) Use the property for the purpose designated in the redevelopment plans.
[2.] (b) Begin the redevelopment of the area within a period of time which the agency fixes as reasonable.
[3.] (c) Comply with other conditions which the agency deems necessary to carry out the purposes of NRS 279.382 to 279.685, inclusive.
2. As appropriate for the particular project, each proposal for a redevelopment project must also include an employment plan. The employment plan must include:
(a) A description of the existing opportunities for employment within the area;
(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area; and
(c) A description of the manner in which an employer relocating his business into the area plans to employ persons living within the area of operation who are:
(1) Economically disadvantaged;
(2) Physically handicapped;
(3) Members of racial minorities;
(4) Veterans; or
(5) Women.
Sec. 4. NRS 279.572 is hereby amended to read as follows:
279.572 [1.] Every redevelopment plan must show:
[(a)] 1. The amount of open space to be provided and the layout of streets [.
(b)] ;
2. Limitations on type, size, height, number and proposed use of buildings [.
(c)] ;
3. The approximate number of dwelling units [.
(d)] ;
4. The property to be devoted to public purposes and the nature of those purposes [.
(e)] ;
5. Other covenants, conditions and restrictions which the legislative body prescribes [.
(f)] ; and
6. The proposed method of financing the redevelopment plan in sufficient detail so that the legislative body may determine the economic feasibility of the plan.
[2. As appropriate for the particular project, each proposal for a project must also include an employment plan. The employment plan must include:
κ1997 Statutes of Nevada, Page 2559 (CHAPTER 542, SB 312)κ
(a) A description of the existing opportunities for employment within the area.
(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area.
(c) A description of the manner in which an employer relocating his business into the area plans to employ persons living within the area of operation who are:
(1) Economically disadvantaged.
(2) Physically handicapped.
(3) Members of racial minorities.
(4) Veterans.
(5) Women.]
Sec. 5. NRS 279.619 is hereby amended to read as follows:
279.619 1. Securities must not be issued and no indebtedness may be incurred in any other manner, by or on behalf of an agency [after] to finance, in whole or in part, a redevelopment plan beyond 20 years after the date on which the [resolution adopted pursuant to NRS 279.428 becomes effective.] redevelopment plan is adopted, except that an agency may enter into leases or incur indebtedness at any time before the termination of the redevelopment plan if the leases are terminated and the indebtedness is fully repaid no later than the termination of the redevelopment plan. The maturity date of any securities which are refunded must not extend beyond the [last original maturity date.] date of termination of the redevelopment plan.
2. Any securities issued by or on behalf of an agency to finance, in whole or in part, redevelopment pursuant to NRS 279.620 to 279.626, inclusive, and 279.634 to 279.672, inclusive, must mature and be fully paid, including any interest thereon, before the [expiration of the agency.] termination of the redevelopment plan.
Sec. 6. 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] area 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] 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 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] area 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] redevelopment area 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.
κ1997 Statutes of Nevada, Page 2560 (CHAPTER 542, SB 312)κ
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 paragraphs (c) and (d), that portion of the levied taxes each year in excess of [that] the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and 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.] redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment [project] area exceeds the total assessed value of the taxable property in the [project] redevelopment area 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] area must be paid into the funds of the respective taxing agencies. When [such] the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all 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] area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.
(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.
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] redevelopment agency has more than one redevelopment [agency or tax increment area, or one of each, the municipality] area, the redevelopment agency shall determine the allocation to each [agency and] area.
κ1997 Statutes of Nevada, Page 2561 (CHAPTER 542, SB 312)κ
municipality] area, the redevelopment agency 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. 7. NRS 274.240 is hereby amended to read as follows:
274.240 To encourage the revitalization of specially benefited zones, the governing body of a designating municipality may:
1. Issue bonds or other securities authorized by other law for the purposes of economic development and use the proceeds for loans to any new or expanding qualified businesses in the specially benefited zone.
2. [Provide financing by tax increment pursuant to chapter 361B of NRS.
3.] Reduce or eliminate any license or franchise tax, fee or service charge which would otherwise be imposed against qualified businesses within the specially benefited zone.
[4.] 3. Develop and carry out, alone or where feasible with the participation of one or more designated neighborhood organizations as provided in NRS 274.250, programs to improve needed governmental services within the specially benefited zone.
[5.] 4. Develop and carry out a plan to:
(a) Ensure the availability of resources to assist residents of the specially benefited zone in their own efforts to improve the condition of property and the availability and quality of public services within the zone.
(b) Provide or seek assistance for persons or businesses displaced as a result of undertakings or other activities conducted pursuant to this chapter or chapter 361B of NRS.
[6.] 5. Cooperate with any other governmental agency to provide any other incentive likely to encourage private investment within the specially benefited zone.
Sec. 8. 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, 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:
κ1997 Statutes of Nevada, Page 2562 (CHAPTER 542, SB 312)κ
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.
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. 9. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2:
(a) For Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, distribute to each county an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 10. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
κ1997 Statutes of Nevada, Page 2563 (CHAPTER 542, SB 312)κ
(b) For all other counties, distribute the amount remaining after making the distributions required by paragraph (a) to each county in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1, may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1, and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request.
A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency [, any tax increment area] and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
5. As used in this section, the basic ad valorem revenue of each local government, except as otherwise provided in subsection 6 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency [or tax increment area] but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations.
κ1997 Statutes of Nevada, Page 2564 (CHAPTER 542, SB 312)κ
attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
6. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
9. A local government may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.
10. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Douglas........................................................................................................ $580,993
Esmeralda................................................................................................... 53,093
Lander......................................................................................................... 155,106
Lincoln......................................................................................................... 72,973
Lyon............................................................................................................. 356,858
Mineral........................................................................................................ 118,299
Nye............................................................................................................... 296,609
Pershing....................................................................................................... 96,731
Storey........................................................................................................... 69,914
White Pine................................................................................................... 158,863
11. As used in this section, unless the context otherwise requires:
(a) Local government includes a fire protection district organized pursuant to chapter 473 of NRS.
κ1997 Statutes of Nevada, Page 2565 (CHAPTER 542, SB 312)κ
(b) Local government does not include the Nevada rural housing authority.
Sec. 10. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies , [and tax increment areas,] in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the countys general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. An amount equal to any basic privilege tax distributed to a redevelopment agency [or tax increment area] in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 11. Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:
Sec. 8. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
κ1997 Statutes of Nevada, Page 2566 (CHAPTER 542, SB 312)κ
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the countys general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.
5. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
[5.] 6. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[6.] 7. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 11.3. Section 43 of Assembly Bill No. 644 of this session is hereby amended to read as follows:
Sec. 43. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
κ1997 Statutes of Nevada, Page 2567 (CHAPTER 542, SB 312)κ
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the countys general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 11.7. Section 48 of Assembly Bill No. 644 of this session is hereby amended to read as follows:
Sec. 48. Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:
Sec. 8. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the countys general fund.
κ1997 Statutes of Nevada, Page 2568 (CHAPTER 542, SB 312)κ
redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the countys general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.
5. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
[5.] 6. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[6.] 7. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 12. Section 1 of Senate Bill No. 146 of this session is hereby amended to read as follows:
Section 1. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall distribute monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2 [:] , to:
(a) [For] Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, [distribute to each county] an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
κ1997 Statutes of Nevada, Page 2569 (CHAPTER 542, SB 312)κ
each county] an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 10. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) [For all] All other counties, [distribute] the amount remaining after making the distributions required by paragraph (a) to each [county] of these counties in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1 [,] may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 [,] and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
κ1997 Statutes of Nevada, Page 2570 (CHAPTER 542, SB 312)κ
supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request.
A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
5. As used in this section, the basic ad valorem revenue of each local government, except as otherwise provided in subsection 6 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
6. For the purposes of determining basic ad valorem revenue, the assessed valuation of a [fire] :
(a) Fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
[(a)] (1) The Santini-Burton Act, Public Law 96-586; or
[(b)] (2) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
(b) Local government includes property which was transferred from private ownership, after July 1, 1997, to property held in trust for an Indian tribe pursuant to the provisions of the Indian Reorganization Act, 25 U.S.C. §§ 461 et seq.
κ1997 Statutes of Nevada, Page 2571 (CHAPTER 542, SB 312)κ
7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
9. A local government may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.
10. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Douglas........................................................................................... $580,993
Esmeralda...................................................................................... 53,093
Lander............................................................................................ 155,106
Lincoln............................................................................................ 72,973
Lyon................................................................................................ 356,858
Mineral........................................................................................... 118,299
Nye.................................................................................................. 296,609
Pershing.......................................................................................... 96,731
Storey.............................................................................................. 69,914
White Pine...................................................................................... 158,863
11. As used in this section, unless the context otherwise requires:
(a) Local government includes a fire protection district organized pursuant to chapter 473 of NRS.
(b) Local government does not include the Nevada rural housing authority.
Sec. 13. Section 13 of Senate Bill No. 414 of this session is hereby amended to read as follows:
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 area 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 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 such taxing agencies on all other property are paid.
κ1997 Statutes of Nevada, Page 2572 (CHAPTER 542, SB 312)κ
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 area 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 redevelopment area 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) Except as otherwise provided in paragraphs (c) and (d) [,] and section 3 of this act, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and 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, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area 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 area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 278.439 and all 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 area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.
(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.
κ1997 Statutes of Nevada, Page 2573 (CHAPTER 542, SB 312)κ
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency 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 redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each 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. Section 14 of Senate Bill No. 414 of this session is hereby amended to read as follows:
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 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 2574 (CHAPTER 542, SB 312)κ
redevelopment 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.
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. The amendatory provisions of section 6 of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a redevelopment agency, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.
Sec. 16. 1. NRS 279.010, 279.020, 279.030, 279.040, 279.050, 279.060, 279.070, 279.080, 279.090, 279.100, 279.110, 279.120, 279.130, 279.140, 279.150, 279.160, 279.170, 279.180, 279.190, 279.200, 279.210, 279.220, 279.230, 279.240, 279.250, 279.260, 279.270, 279.280, 279.285, 279.290, 279.300, 279.310, 279.311, 279.312, 279.313, 279.314, 279.315, 279.316, 279.317, 279.318, 279.320, 279.330, 279.340, 279.350, 279.360, 279.370, 279.380, 279.677, 361B.010, 361B.020, 361B.030, 361B.040, 361B.050, 361B.060, 361B.070, 361B.080, 361B.090, 361B.100, 361B.110, 361B.120, 361B.130, 361B.140, 361B.150, 361B.160, 361B.170, 361B.180, 361B.190, 361B.200, 361B.210, 361B.220, 361B.230, 361B.240, 361B.250, 361B.270, 361B.280, 361B.285, 361B.290, 361B.300, 361B.305 and 361B.310 are hereby repealed.
2. NRS 361B.260 is hereby repealed.
Sec. 17. 1. This section and sections 1 to 15, inclusive, and subsection 1 of section 16 of this act become effective on June 30, 1997.
2. Subsection 2 of section 16 of this act becomes effective at 12:01 a.m. on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 2575κ
Senate Bill No. 315Senator Porter
CHAPTER 543
AN ACT making appropriations to the Department of Motor Vehicles and Public Safety for the establishment and maintenance of a branch office in Mesquite; 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. 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 Mesquite:
For the fiscal year 1997-1998................................................................. $134,914
For the fiscal year 1998-1999................................................................. $143,406
Sec. 2. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety for the creation and maintenance of a branch office of the department in Mesquite:
For the fiscal year 1997-1998................................................................. $10,062
For the fiscal year 1998-1999................................................................. $20,124
Sec. 3. 1. 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.
2. Any balance of the sums appropriated by section 2 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 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 2576κ
Senate Bill No. 320Senator Shaffer
CHAPTER 544
AN ACT relating to professions; revising the provisions governing disciplinary action that may be taken against funeral directors, embalmers and operators of cemeteries and crematories; revising the provisions governing the licensing of an embalmer who is licensed in another state; authorizing the state board of funeral directors, embalmers and operators of cemeteries and crematories to allow embalming under certain circumstances; revising the provisions governing the disposition of the cremated remains of certain dead bodies by an operator of a crematory; prohibiting an operator of a crematory from charging a public officer a fee for storing cremated remains; providing a penalty; 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 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 4, all reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
2. Except as otherwise provided in this section, all money collected by the board from the imposition of fines must be deposited with the state treasurer for credit to the state general fund. All other money received by the board must be deposited in qualified banks or savings and loan associations in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 3. If the board determines that a person who is licensed to practice the profession of embalming pursuant to this chapter has committed any of the acts set forth in NRS 642.130, the board may:
1. Refuse to renew his license;
2. Revoke his license;
3. Suspend his license for a definite period or until further order of the board;
4. Impose a fine of not more than $5,000 for each act which constitutes a ground for disciplinary action;
5. Place him on probation for a definite period subject to any reasonable conditions imposed by the board;
κ1997 Statutes of Nevada, Page 2577 (CHAPTER 544, SB 320)κ
6. Administer a public or private reprimand;
7. Require him to pay the costs incurred by the board in taking disciplinary action against him; or
8. Impose any combination of disciplinary actions set forth in this section.
Sec. 4. 1. If the board determines that a person who holds a funeral directors license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials has committed any of the acts set forth in NRS 642.470, the board may:
(a) Refuse to renew his license or permit;
(b) Revoke his license or permit;
(c) Suspend his license or permit for a definite period or until further order of the board;
(d) Impose a fine of not more than $5,000 for each act that constitutes a ground for disciplinary action;
(e) Place him on probation for a definite period subject to any reasonable conditions imposed by the board;
(f) Administer a public or private reprimand;
(g) Require him to pay the costs incurred by the board in taking disciplinary action against him; or
(h) Impose any combination of disciplinary actions set forth in paragraphs (a) to (g), inclusive.
2. Before the board may refuse to renew, or suspend or revoke a license or permit for any of the acts set forth in NRS 642.470, the board shall give at least 10 days notice in writing to the licensee or holder of the permit. The notice must contain a brief statement of the reasons for the proposed action of the board and designate a time and place for a hearing before any final action is taken.
Sec. 5. 1. Upon written request to the board and payment of a fee not to exceed $150, a person who is licensed to practice the profession of embalming in this state and who is a licensee in good standing may have his license placed on inactive status. A licensee whose license has been placed on inactive status shall not engage in the practice of the profession of embalming during the period in which his license is inactive.
2. If a licensee wishes to resume the practice of the profession of embalming, the board shall reactivate his license upon the:
(a) Demonstration, if deemed necessary by the board, that he is qualified and competent to practice;
(b) Completion of an application; and
(c) Payment of the fee for the renewal of the license.
3. A licensee is not required to pay the fee, including penalties, for the renewal of a license for any year during the period in which his license was inactive.
Sec. 6. 1. Upon written request to the board and payment of a fee not to exceed $150, a person who holds a funeral directors license or a license to conduct direct cremations or immediate burials and who is a licensee in good standing may have his license placed on inactive status. A licensee whose license has been placed on inactive status shall not engage in the business of funeral directing or conducting direct cremations or immediate burials during the period in which his license is inactive.
κ1997 Statutes of Nevada, Page 2578 (CHAPTER 544, SB 320)κ
business of funeral directing or conducting direct cremations or immediate burials during the period in which his license is inactive.
2. If a licensee wishes to resume the business of funeral directing or conducting direct cremations or immediate burials, the board shall reactivate his license upon the:
(a) Demonstration, if deemed necessary by the board, that he is qualified and competent to practice;
(b) Completion of an application; and
(c) Payment of the fee for the renewal of the license.
3. A licensee is not required to pay the fee, including penalties, for the renewal of a license for any year during the period in which his license was inactive.
Sec. 7. NRS 642.019 is hereby amended to read as follows:
642.019 Each holder of a license or certificate issued by the board pursuant to this chapter or chapter 451 or 452 of NRS shall comply with the provisions of Part 453 of Title 16 of the Code of Federal Regulations . [, as those provisions exist on October 1, 1993.]
Sec. 8. NRS 642.090 is hereby amended to read as follows:
642.090 1. Every person who wishes to practice the profession of embalming shall appear before the board and, upon payment of a fee not to exceed $300 to cover expenses of examination, must be examined in the knowledge of the subjects set forth in subsection 2. Examinations must be in writing and the board may require actual demonstration on a cadaver. If an applicant has previously taken and passed the national examination given by the Conference of Funeral [Services] Service Examining Boards of the United States, [Incorporated,] the applicant need not retake that examination for purposes of licensing in the State of Nevada. All examination papers must be kept on record by the board.
2. The members of the board shall examine applicants for licenses in the following subjects:
(a) Anatomy, sanitary science and signs of death.
(b) Care, disinfection, preservation, transportation of and burial or other final disposition of dead bodies.
(c) The manner in which death may be determined.
(d) The prevention of the spread of infectious and contagious diseases.
(e) Chemistry, including toxicology.
(f) Restorative art, including plastic surgery and derma surgery.
(g) Regulations of the state board of health relating to infectious diseases and quarantine.
(h) Any other subject which the board may determine by regulation to be necessary or proper to prove the efficiency and qualification of the applicant.
3. If an applicant fulfills the requirements of NRS 642.080 and has passed the examination provided for by this chapter, the board shall issue to the applicant a license to practice the profession of embalming for 1 year.
κ1997 Statutes of Nevada, Page 2579 (CHAPTER 544, SB 320)κ
Sec. 9. NRS 642.100 is hereby amended to read as follows:
642.100 Reciprocity may be arranged by the board if an applicant:
1. Is a graduate of a school of mortuary science which is accredited by the Conference of Funeral [Services] Service Examining Boards of the United States ; [, Incorporated;]
2. Is licensed as an embalmer in another state;
3. Has practiced embalming successfully for at least 5 years [,] and practiced actively for 2 years immediately preceding the application for a license by reciprocity;
4. Is of good moral character;
5. Has passed the examination given by the board on the subjects set forth in subsection 2 of NRS 642.090 [; and] or the national examination given by the Conference of Funeral Service Examining Boards of the United States;
6. Possesses knowledge of the applicable statutes and regulations of this state governing embalmers; and
7. Pays a fee not to exceed $300 to the secretary of the board.
Sec. 10. NRS 642.130 is hereby amended to read as follows:
642.130 The [board may revoke any license to practice the profession of embalming, issued in accordance with the provisions of this chapter, by a unanimous vote of the board for:] following acts are grounds for which the board may take disciplinary action against a person who is licensed to practice the profession of embalming pursuant to this chapter or refuse to issue such a license to an applicant therefor:
1. Gross incompetency.
2. Unprofessional, unethical or dishonest conduct.
3. Habitual intemperance.
4. Fraud or misrepresentation in obtaining or attempting to obtain a license to practice the profession of embalming.
5. Employment by the licensee of persons commonly known as cappers, steerers or solicitors, or of other persons to obtain funeral directing or embalming business.
6. Malpractice.
7. Gross immorality.
8. The unlawful use of any controlled substance.
9. Conviction of a felony.
10. False or misleading advertising as defined in NRS 642.490, or false or misleading statements in the sale of merchandise or services.
11. Refusal to surrender promptly the custody of a dead human body upon the request of a person who is legally entitled to custody of the body.
12. Violation by the licensee of any provision of this chapter, any regulation adopted pursuant thereto or any other law of this state relating to the practice of any of the professions regulated by the board.
13. The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.
Sec. 11. NRS 642.140 is hereby amended to read as follows:
642.140 1. Before [any license shall be revoked, the holder thereof shall be entitled to] the board may revoke a license to practice the profession of embalming, it shall give the licensee at least 30 days written notice of the charge against him and of the time and place of the hearing .
κ1997 Statutes of Nevada, Page 2580 (CHAPTER 544, SB 320)κ
notice of the charge against him and of the time and place of the hearing . [and determining such charge. At such time and place he shall be entitled to be heard.]
2. Upon the revocation of [any] the license, the secretary of the board shall strike the name of the licensee from the register of licensed embalmers and [shall] notify all railroad, transportation and express companies doing business in the State of Nevada, and all licensed embalmers in this state, of [such] that action.
Sec. 12. NRS 642.470 is hereby amended to read as follows:
642.470 The [board shall suspend or revoke a funeral directors license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials, after a hearing and after 10 days notice to the licensee or holder of a permit to operate a funeral establishment if the licensee or holder of the permit is found guilty of any of the following acts or omissions:] following acts are grounds for which the board may take disciplinary action against a person who holds a funeral directors license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials, or refuse to issue such a license or permit to an applicant therefor:
1. Conviction of a crime involving moral turpitude.
2. Unprofessional conduct.
3. False or misleading advertising.
4. Conviction of a felony.
5. Conviction of a misdemeanor that is related directly to the business of a funeral establishment.
Sec. 13. NRS 451.065 is hereby amended to read as follows:
451.065 1. [No] Except as otherwise provided in subsections 2 and 3, no crematory, funeral home, cemetery or other place [which] that accepts human remains for disposition may require the remains to be embalmed or otherwise prepared before their disposition by cremation, interment or otherwise, or before their removal from or into any registration district.
2. The state board of health may require embalming or other preparations if necessary to protect the public.
[2.] 3. If embalming is not required by the state board of health pursuant to subsection 2, the state board of funeral directors, embalmers and operators of cemeteries and crematories may authorize the embalming of a body if it determines that it is necessary to preserve the body and the crematory, funeral home, cemetery or other place that accepts human remains for disposition:
(a) Has held the body for at least 72 hours;
(b) Is unable to notify a member of the family or other authorized person to obtain approval to embalm the body; and
(c) Has no reason to believe that the family or other authorized person does not wish to have the body embalmed.
4. Any person who violates this section is guilty of a misdemeanor.
Sec. 14. NRS 451.695 is hereby amended to read as follows:
451.695 1. Except as otherwise provided in subsection 2:
(a) The agent who orders cremation is responsible for the disposition of cremated remains. If within 30 days after cremation the person named in the authorization has not claimed [particular] the cremated remains and no other disposition is specified in the authorization, the operator of a crematory may place the [urn containing those] vessel containing the cremated remains in a common compartment with other unclaimed [urns.]
κ1997 Statutes of Nevada, Page 2581 (CHAPTER 544, SB 320)κ
authorization has not claimed [particular] the cremated remains and no other disposition is specified in the authorization, the operator of a crematory may place the [urn containing those] vessel containing the cremated remains in a common compartment with other unclaimed [urns.] cremated remains. The operator may charge a fee for storage when the [urn is claimed.
2.] cremated remains are claimed.
(b) If within 2 years after cremation the agent has not claimed the cremated remains or specified their ultimate disposition, the operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700. The agent is liable to the operator for all reasonable expenses of disposition.
2. If cremation was ordered pursuant to subsection 2 of NRS 451.650:
(a) The operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700, if the cremated remains are not claimed by the agent within 1 year after cremation.
(b) The operator has a claim against the estate of the decedent for the reasonable expenses of the disposition if those expenses are not paid by the state or a political subdivision of the state.
(c) The operator shall not charge a public officer a fee for storage of the cremated remains.
3. An operator who complies with subsection 1 or 2, or both, has no further legal liability concerning the cremated remains so treated.
Sec. 15. 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. 16. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 17. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 2582κ
Senate Bill No. 327Committee on Government Affairs
CHAPTER 545
AN ACT relating to veterans; requiring a home for veterans to be established at a site determined to be appropriate by the interim finance committee; changing the names of the positions of Nevada commissioner and deputy commissioner for veteran affairs; requiring the executive director for veteran affairs to maintain and operate a home for veterans; making various changes to the provisions regarding the appointment of the executive director and the deputy executive director for veteran affairs; transferring the duties of the executive director and the deputy executive director for veteran affairs to the office of the military; changing the name of the Nevada veterans advisory commission; making various changes to the provisions regarding the procedures for the operation of veterans cemeteries; revising the provisions relating to the use of gifts of money or personal property donated to veterans cemeteries; and providing other matters properly relating thereto.
[Approved July 16, 1997]
Whereas, The timely selection of a site for the construction of a veterans home in southern Nevada is of the utmost importance to the veterans of this state; and
Whereas, Flexibility in the selection of a site for the construction of a veterans home in southern Nevada is necessary to ensure that the most desirable site is selected; and
Whereas, The following sites should be considered for the construction of a veterans home in southern Nevada without excluding any other site that may be offered:
1. A site offered by the United States Air Force that is located in the vicinity of Craig Road and Fifth Street, North Las Vegas;
2. A site offered by Boulder City that is located within the boundaries of that city; and
3. A site that is located at 301 South Tonopah Drive, Las Vegas; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The executive director shall:
(a) Take such actions as are necessary for the maintenance and operation of a veterans home in this state; and
(b) Apply for federal grants and other sources of money available for establishing a veterans home. Federal grants and other money received pursuant to this paragraph must be deposited with the state treasurer for credit to the veterans home account. A federal grant must be used only as permitted by the terms of the grant.
2. The first veterans home that is established in this state must be established at a location in southern Nevada determined to be appropriate by the interim finance committee. The interim finance committee shall give preference to a site that is zoned appropriately for the establishment of a veterans home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans home.
κ1997 Statutes of Nevada, Page 2583 (CHAPTER 545, SB 327)κ
preference to a site that is zoned appropriately for the establishment of a veterans home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans home. The site for the construction of the veterans home in southern Nevada must be:
(a) Located in reasonable proximity to:
(1) A public transportation system;
(2) Shopping centers; and
(3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the administrator of the health division of the department of human resources.
(b) Not less than 5 acres in area.
3. If an additional veterans home is authorized, it must be established in northern Nevada.
Sec. 1.5. NRS 417.010 is hereby amended to read as follows:
417.010 As used in this chapter:
1. [Commissioner means the Nevada commissioner] Deputy executive director means the deputy executive director for veteran affairs.
2. [Deputy commissioner means the Nevada deputy commissioner] Executive director means the executive director for veteran affairs.
Sec. 2. NRS 417.020 is hereby amended to read as follows:
417.020 The offices of [Nevada commissioner] the executive director for veteran affairs and [Nevada deputy commissioner] the deputy executive director for veteran affairs are hereby created within the [department of motor vehicles and public safety.] office of the military.
Sec. 3. NRS 417.030 is hereby amended to read as follows:
417.030 1. The [commissioner and deputy commissioner shall] executive director and deputy executive director must be appointed by the governor . [from a list of names selected by a committee composed of the department commanders, or other similar officers, of the Veterans of Foreign Wars, American Legion, Disabled American Veterans of the World War, and of any other nationally recognized service organization wherein membership is based upon service in the military and naval forces of the United States during time of war.
2. If the governor does not approve of the appointment of any of the persons recommended, he may request other and additional recommendations.
3.] 2. Any person to be eligible for appointment as the [commissioner or the deputy commissioner must be] executive director or the deputy executive director must:
(a) Be an actual and bona fide resident of the State of Nevada [and possess] ;
(b) Possess an honorable discharge from some branch of the military and naval service of the United States [.] ; and
(c) Have at least 4 years of experience in management or administration.
Sec. 4. NRS 417.035 is hereby amended to read as follows:
417.035 The [commissioner] executive director shall execute and deliver to the secretary of state his official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this state, conditioned to [insure] ensure his faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he acts.
κ1997 Statutes of Nevada, Page 2584 (CHAPTER 545, SB 327)κ
conditioned to [insure] ensure his faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he acts. A separate bond for each estate is not required.
Sec. 5. NRS 417.040 is hereby amended to read as follows:
417.040 The term of office of the [commissioner and the deputy commissioner each] executive director or deputy executive director is 4 years, terminating on July 1 of the first year of the governors term of office.
Sec. 6. NRS 417.050 is hereby amended to read as follows:
417.050 1. [The office of commissioner or deputy commissioner shall not be permitted to be vacant at any time for a period of more than 30 days.
2. Immediately upon] Upon a vacancy occurring in the office of [commissioner or deputy commissioner,] executive director or deputy executive director, the governor shall [notify the department heads of the service organizations designated in NRS 417.030, who shall within 10 days thereafter make the recommendation required of them.
3. The commissioner or deputy commissioner] appoint a successor to that office within 30 days after the vacancy.
2. The executive director or deputy executive director may be removed from office at any time on failure to perform the duties required of him by this chapter.
3. The deputy executive director shall assume the duties of the executive director in the executive directors absence.
Sec. 7. NRS 417.060 is hereby amended to read as follows:
417.060 The [commissioner and deputy commissioner are] executive director and the deputy executive director are in the unclassified service of the state. Except as otherwise provided in NRS 284.143, each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 8. NRS 417.070 is hereby amended to read as follows:
417.070 1. The office of the [commissioner] executive director must be located in the same city where the state regional office of the United States Department of Veterans Affairs maintains its state administrative bureau, and if that office is discontinued in the State of Nevada, then at such place as the governor may designate.
2. The office of the deputy [commissioner] executive director must be maintained at Las Vegas, Nevada.
3. The deputy [commissioner] executive director shall report to the executive director and shall assist the [commissioner] executive director in performing the duties prescribed in this chapter.
Sec. 9. NRS 417.080 is hereby amended to read as follows:
417.080 1. The [commissioner:] executive director:
(a) May employ such clerical and stenographic assistance as necessary.
(b) May purchase necessary office equipment and supplies.
(c) Is entitled to receive necessary travel and miscellaneous administrative expenses in the administration of this chapter.
2. All clerical and stenographic services, office equipment and supplies, travel expenses at the same rate as other state officers and miscellaneous administrative expenses and salaries must be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid, but:
κ1997 Statutes of Nevada, Page 2585 (CHAPTER 545, SB 327)κ
administrative expenses and salaries must be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid, but:
(a) All expenses must be within the limits of the appropriation made for the purposes of this chapter; and
(b) The salaries and compensation of clerks and stenographers must be at the same rate as that provided by law for clerks and stenographers in other state departments.
Sec. 10. NRS 417.090 is hereby amended to read as follows:
417.090 The [commissioner and the deputy commissioner] executive director and the deputy executive director 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,] or 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.
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.] Assembly Bill No. 188 of this session.
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.] executive director.
Sec. 11. NRS 417.100 is hereby amended to read as follows:
417.100 The [commissioner and the deputy commissioner] executive director and the deputy executive director may:
1. [Use a seal of office.
2.] Administer oaths to any person whose acknowledgment may become necessary in the prosecution of any claim for compensation, hospitalization, insurance or other aid or benefits.
κ1997 Statutes of Nevada, Page 2586 (CHAPTER 545, SB 327)κ
[3.] 2. Certify to the correctness of any document or documents which may be submitted in connection with any such application.
Sec. 12. NRS 417.110 is hereby amended to read as follows:
417.110 1. Subject to the provisions of subsection 2, the [commissioner] executive director may act as guardian of the estate of:
(a) The minor child of a deceased veteran.
(b) An insane or incompetent veteran.
(c) A person who is certified by the United States Department of Veterans Affairs as having money due from the United States Department of Veterans Affairs, the payment of which is dependent upon the appointment of a guardian for the person.
2. The [commissioner] executive director may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of money paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3. If a person for whom the [commissioner] executive director acts as guardian receives a monthly income of $500 or more, the [commissioner] executive director may charge a fee of 5 percent of the monthly income of the [estate of the] person to pay for the expenses of providing the guardianship service.
Sec. 13. NRS 417.113 is hereby amended to read as follows:
417.113 1. The trust fund for the estates of persons for whom the [Nevada commissioner for veteran affairs] executive director acts as guardian is hereby created. All money received by the [commissioner] executive director as guardian for those persons pursuant to NRS 417.110 must be deposited with the state treasurer for credit to the fund.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
3. The [commissioner] executive director shall:
(a) Account separately for the money in the fund which is attributable to the estate of each person for whom he acts as guardian; and
(b) Allocate the interest earned on the money in the fund to each person for whom he acts as guardian based on the percentage of the money in the fund which is attributable to the estate of each of those persons.
Sec. 14. NRS 417.117 is hereby amended to read as follows:
417.117 1. The [commissioner] executive director shall maintain a checking account to pay the expenses of those persons for whom the [commissioner] executive director acts as guardian pursuant to NRS 417.110 which require immediate payment.
2. The state treasurer shall reimburse the checking account with money from the fund as soon as practicable after the [commissioner] executive director makes an expenditure from that account.
3. The [commissioner] executive director shall not expend money from the checking account for any purpose other than the purpose described in subsection 1.
Sec. 15. NRS 417.120 is hereby amended to read as follows:
417.120 1. An appointment of the [commissioner] executive director as guardian is an appointment of the [commissioner] executive director in the capacity of his office and not an appointment of the [commissioner] executive director in his capacity as an individual.
κ1997 Statutes of Nevada, Page 2587 (CHAPTER 545, SB 327)κ
the capacity of his office and not an appointment of the [commissioner] executive director in his capacity as an individual.
2. An appointment of the [commissioner] executive director as guardian made before April 21, 1969, shall be deemed to have been an appointment in the capacity of his office and not in his capacity as an individual.
Sec. 16. NRS 417.130 is hereby amended to read as follows:
417.130 1. Notwithstanding the provisions of subsection 3 of NRS 417.110, the [commissioner] executive director may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.
2. The fee must be deposited in a bank account for veterans relief.
Sec. 17. NRS 417.140 is hereby amended to read as follows:
417.140 1. The money in the account for veterans relief must, in the discretion of the [commissioner,] executive director, be used to aid destitute veterans and their dependents.
2. The [commissioner] executive director shall deposit the money in the account in:
(a) A savings account in a bank.
(b) A commercial checking account in a bank.
3. The [commissioner] executive director shall keep an accurate record of any receipt or deposit, and of any withdrawal from any account provided in subsection 2. Any record of withdrawal must contain the following information:
(a) The date of the withdrawal.
(b) The name of the payee.
(c) The purpose of the expenditure.
Sec. 18. NRS 417.145 is hereby amended to read as follows:
417.145 1. The veterans home account is hereby established in the state general fund.
2. The account must be administered by the [commissioner,] executive director, with the advice of the deputy [commissioner] executive director and the Nevada veterans [advisory] service commission, and expended for [the construction, operation and maintenance of a veterans home for the benefit of veterans from all the counties of the state.
3.] :
(a) A program or service related to a veterans home;
(b) The solicitation of other sources of money to fund a veterans home; and
(c) The purpose of informing the public about issues concerning the establishment and uses of a veterans home.
3. The executive director may accept any gift, grant or contribution made for the use of the account. Any such gift, grant or contribution of:
(a) Money must be deposited with the state treasurer for credit to the account.
(b) Property other than money may be sold or exchanged if the sale or exchange is approved by the state board of examiners. Money received from the sale or exchange of property pursuant to this paragraph must be deposited with the state treasurer for credit to the account.
κ1997 Statutes of Nevada, Page 2588 (CHAPTER 545, SB 327)κ
4. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not lapse to the state general fund, but must be carried [over] forward into the next fiscal year.
[4.] 5. All money in the account must be paid out on claims approved by the [commissioner] executive director as other claims against the state are paid.
Sec. 19. NRS 417.150 is hereby amended to read as follows:
417.150 1. The Nevada veterans [advisory] services commission, consisting of [seven] nine members, is hereby created.
2. The governor shall appoint:
(a) Three members who are representatives of nationally recognized veterans organizations [.] and who possess honorable discharges from some branch of the military and naval service of the United States.
(b) Two members who are representatives of the general public.
3. The chairman of the advisory committee for a veterans cemetery in northern Nevada and the chairman of the advisory committee for a veterans cemetery in southern Nevada shall each appoint one member from their respective committees to serve as a member of the commission. Each member so appointed must be a representative of a nationally recognized veterans organization [.] and possess an honorable discharge from some branch of the military and naval service of the United States.
4. The majority leader of the senate shall appoint one member of the senate to serve as a member of the commission.
5. The speaker of the assembly shall appoint one member of the assembly to serve as a member of the commission.
6. The governor may remove a member of the commission at any time for failure to perform his duties, malfeasance or other good cause.
[5.] 7. The term of office of each member is 2 years.
[6.] 8. If a vacancy occurs in the membership of those members appointed pursuant to paragraph (a) of subsection 2, the governor shall fill the vacancy from among the names of qualified nominees provided to him in writing by the [director of the department of motor vehicles and public safety.] adjutant general.
Sec. 20. NRS 417.160 is hereby amended to read as follows:
417.160 1. The Nevada veterans [advisory] services commission shall annually choose one of its members to serve as chairman and one of its members to serve as [secretary.] vice chairman.
2. The executive director shall provide for the preparation and maintenance of written minutes for each meeting of the veterans services commission.
3. Members of the [advisory] veterans services commission are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the [commission,] executive director, while engaged in the business of the commission.
(b) A subsistence allowance of not more than $56 per day, as fixed by the [commission,] executive director, and actual expenses for transportation, while traveling on business of the commission.
κ1997 Statutes of Nevada, Page 2589 (CHAPTER 545, SB 327)κ
Sec. 21. NRS 417.170 is hereby amended to read as follows:
417.170 1. The [advisory] Nevada veterans services commission shall meet [regularly] at least four times and not more than six times every fiscal year.
2. Meetings of the [advisory] veterans services commission may be held at the call of the chairman whenever he determines that there is sufficient business to warrant action by the [advisory] veterans services commission or whenever five members of the [advisory] veterans services commission submit a written request for a meeting.
3. Meetings of the veterans services commission must alternate between the city in which the office of the executive director is located and Las Vegas.
4. Notice of the time, place and purpose of all meetings must be given in writing to each member at least 5 days before the meeting.
Sec. 22. NRS 417.180 is hereby amended to read as follows:
417.180 1. A majority of the [advisory] Nevada veterans services commission constitutes a quorum for the transaction of any business.
2. A vacancy on the [advisory] veterans services commission does not impair the right of the remaining members to perform any of the duties of the [advisory] veterans services commission.
Sec. 23. NRS 417.190 is hereby amended to read as follows:
417.190 The [advisory] Nevada veterans services commission shall:
1. Advise the [commissioner and deputy commissioner for veteran affairs] executive director and deputy executive director.
2. Make recommendations to the governor, the legislature [, the commissioner and deputy commissioner for veteran affairs] , the executive director and the deputy executive director regarding aid or benefits to veterans.
Sec. 24. NRS 417.200 is hereby amended to read as follows:
417.200 1. The [commissioner] executive director shall establish, operate and maintain a veterans cemetery in northern Nevada and a veterans cemetery in southern Nevada, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries. The executive director shall employ a cemetery superintendent to operate and maintain each cemetery.
2. [Any] A person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the [commissioner] cemetery superintendent which describes the nature of the services. The [commissioner] cemetery superintendent shall consider all such offers and approve those he deems appropriate. The [commissioner] cemetery superintendent shall coordinate the provision of all services so approved.
Sec. 25. NRS 417.210 is hereby amended to read as follows:
417.210 1. [Any] A veteran who [was] is eligible for interment in a national cemetery [under] pursuant to the provisions of 38 U.S.C. [§ 1002(1), (2), (3) and (4), as that section existed on January 1, 1987,] § 2402 is eligible for interment in a veterans cemetery in this state.
κ1997 Statutes of Nevada, Page 2590 (CHAPTER 545, SB 327)κ
2. [Any] An eligible veteran, or a member of his immediate family, may apply for a plot in a cemetery for veterans in this state by submitting a request to the [commissioner or deputy commissioner] cemetery superintendent on a form to be supplied by the [commissioner or deputy commissioner. The commissioner or the deputy commissioner] cemetery superintendent. The cemetery superintendent shall assign available plots in the order in which applications are received. A specific plot may not be reserved before it is needed for burial. No charge may be made for [any] a plot or for the interment of [any] a veteran.
3. One [member of the immediate family of an eligible veteran may also be interred in the cemetery if the interment is in the same plot. The commissioner or deputy commissioner] plot is allowed for the interment of each eligible veteran and for each member of his immediate family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.
4. The executive director shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.
[4.] 5. As used in this section, immediate family means the spouse, minor child or , when the executive director deems appropriate, the unmarried adult child of an eligible veteran.
Sec. 26. NRS 417.220 is hereby amended to read as follows:
417.220 1. Money received by the [commissioner or the deputy commissioner] executive director or the deputy executive director from:
(a) Fees charged pursuant to [subsection 3 of] NRS 417.210;
(b) Allowances for burial from the Department of Veterans Affairs or the Social Security Administration;
(c) Appropriations made by the legislature for veterans cemeteries; and
(d) [Gifts] Except as otherwise provided in NRS 417.145 and section 1 of this act, gifts of money or proceeds derived from the sale of gifts of personal property that he is authorized to accept,
must be deposited with the state treasurer for credit to the account for a veterans cemetery in northern Nevada or the account for a veterans cemetery in southern Nevada, whichever is appropriate, in the state general fund.
2. The interest and income earned on the money in the accounts, after deducting any applicable charges, must be credited to the accounts.
3. [The] Except as otherwise provided in subsection 5, the money in each account must only be used for the operation and maintenance of the cemetery for which the account was created.
4. [Gifts] Except as otherwise provided in subsection 5, gifts of personal property which the [commissioner or the deputy commissioner] executive director or the deputy executive director is authorized to receive but which are not appropriate for conversion to money may be used in kind.
5. The executive director or the deputy executive director shall use gifts of money or personal property that he is authorized to accept for the purpose specified by the donor of such a gift.
6. Any money remaining in the accounts at the end of each fiscal year does not revert to the state general fund, but must be carried over into the next fiscal year.
κ1997 Statutes of Nevada, Page 2591 (CHAPTER 545, SB 327)κ
Sec. 27. NRS 417.230 is hereby amended to read as follows:
417.230 1. There are hereby created the advisory committee for a veterans cemetery in northern Nevada and the advisory committee for a veterans cemetery in southern Nevada, each consisting of seven members as follows:
(a) One member of the senate, appointed by the majority leader of the senate.
(b) One member of the assembly, appointed by the speaker of the assembly.
(c) Five members of veterans organizations in this state, appointed by the governor.
2. The members of the committees shall serve terms of 2 years and each committee shall annually elect a chairman and a vice chairman from among its members. The committees shall meet at least 4 times a year, meeting jointly at least twice at alternate locations. Any legislative member of a committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature. While engaged in the work of the committee, each member of each committee is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.
3. The [commissioner] executive director shall consult with the committee regarding the establishment, maintenance and operation of the veterans cemetery for which the committee was created.
Sec. 28. Section 1 of Senate Bill No. 478 of this session is hereby amended to read as follows:
Section 1. NRS 417.110 is hereby amended to read as follows:
417.110 1. [Subject to the provisions of subsection 2, the] The executive director may act as guardian of the estate of:
(a) The minor child of a deceased veteran.
(b) An insane or incompetent veteran.
(c) A person who is certified by the United States Department of Veterans Affairs as having money due from the United States Department of Veterans Affairs, the payment of which is dependent upon the appointment of a guardian for the person.
2. [The executive director may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of money paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3.] If a person for whom the executive director acts as guardian receives a monthly income of $500 or more, the executive director may charge a fee of 5 percent of the monthly income of the person to pay for the expenses of providing the guardianship service.
Sec. 29. Section 2 of Senate Bill No. 478 of this session is hereby amended to read as follows:
Sec. 2. NRS 417.130 is hereby amended to read as follows:
417.130 1. Notwithstanding the provisions of subsection [3] 2 of NRS 417.110, the executive director may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.
κ1997 Statutes of Nevada, Page 2592 (CHAPTER 545, SB 327)κ
set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.
2. The fee must be deposited in a bank account for veterans relief.
Sec. 30. Section 2 of Assembly Bill No. 188 of this session is hereby amended to read as follows:
Sec. 2. 1. The board of county commissioners of any county may create by ordinance the office of coordinator of services for veterans. If such an office is created, the board shall appoint a qualified veteran to hold the office and the board shall establish his compensation.
2. The coordinator of services for veterans shall:
(a) Assist a veteran or his spouse or dependent, if the person requesting assistance is a resident of the county, in preparing, submitting and pursuing any claim that the person has against the United States, or any state, to establish his right to any privilege, preference, care or compensation to which he believes that he is entitled;
(b) Aid, assist and cooperate with the [Nevada commissioner] executive director for veteran affairs and the [Nevada deputy commissioner] deputy executive director for veteran affairs and with the Nevada veterans advisory commission;
(c) Disseminate information relating to veterans benefits in cooperation with the [Nevada commissioner] executive director for veteran affairs and the [Nevada deputy commissioner] deputy executive director 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. 31. Section 3 of Assembly Bill No. 188 of this session is hereby amended to read as follows:
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 create the office of coordinator of services for veterans is authorized to accept funds from the [Nevada commissioner] executive director 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.
κ1997 Statutes of Nevada, Page 2593 (CHAPTER 545, SB 327)κ
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. 32. 1. This section and sections 1 to 9, inclusive, 11 to 29, inclusive, and 33 of this act become effective on July 1, 1997.
2. Sections 10, 30 and 31 of this act become effective at 12:01 a.m. on July 1, 1997.
Sec. 33. In preparing the reprint of the Nevada Revised Statutes, the legislative counsel shall appropriately change any references to the:
1. Nevada commissioner for veteran affairs to refer to the executive director for veteran affairs;
2. Nevada deputy commissioner for veterans affairs to refer to the deputy executive director for veteran affairs; and
3. Nevada veterans advisory commission to refer to the Nevada veterans services commission,
in any section which is not amended by this act or is further amended by another act.
________
Senate Bill No. 331Senator Neal
CHAPTER 546
AN ACT relating to actions concerning persons; changing the effective date of Assembly Bill No. 485 of this session; 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. Section 8 of Assembly Bill No. 485 of this session is hereby amended to read as follows:
Sec. 8. The amendatory provisions of this act apply to a civil action that is filed on or after the effective date of this act.
Sec. 2. Assembly Bill No. 485 of this session is hereby amended by adding thereto a new section designated sec. 9, following sec. 8, to read as follows:
Sec. 9. This act becomes effective upon passage and approval.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 2594κ
Senate Bill No. 375Committee on Commerce and Labor
CHAPTER 547
AN ACT relating to taxation; clarifying the authority of the Nevada tax commission; revising certain provisions of the taxpayers bill of rights; reducing the rate of interest required for certain payments; 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 360.090 is hereby amended to read as follows:
360.090 [The] In addition to the other duties prescribed by Title 32 of NRS, the members of the Nevada tax commission shall [have power to] prescribe regulations for carrying on the business of the Nevada tax commission and of the department.
Sec. 2. NRS 360.105 is hereby amended to read as follows:
360.105 1. The department shall:
[1.] (a) In each even-numbered year, submit to the Nevada tax commission, at the meeting conducted by the commission pursuant to NRS 361.455 or, if no such meeting is conducted during that year, at the meeting conducted by the commission pursuant to subsection 2, a copy of the proposed budget for the department and legislation proposed by the department.
(b) Prepare a report for each biennium which details:
[(a)] (1) The problem areas of compliance and collection;
[(b)] (2) Methods for improving taxpayer compliance and tax collections; and
[(c)] (3) Complaints received from taxpayers, including a description of the type and number of complaints received.
[2.] (c) Submit a copy of the report to [the] :
(1) The Nevada tax commission, at its first meeting in each odd-numbered year; and
(2) The legislature on or before January 31 of each odd-numbered year.
2. If the Nevada tax commission does not meet pursuant to NRS 361.455 in an even-numbered year, it shall meet during June of that year to accept the proposed budget for the department and legislation proposed by the department.
Sec. 3. NRS 360.220 is hereby amended to read as follows:
360.220 The department shall [have the power to] require governing bodies of local governments, as defined in NRS 354.474, to submit a budget estimate of the local government expenses and income for the current year, and for the budget year, and a compilation of the actual local government expenses and income for the last completed year, in such detail and form as may be required by the department, after hearing the advice and recommendations of [its] the committee on local government [advisory committee.] finance.
κ1997 Statutes of Nevada, Page 2595 (CHAPTER 547, SB 375)κ
Sec. 4. 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 Nevada 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 days after service of the decision upon that person or business or legal entity.
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.
4. A decision of the Nevada tax commission is a final decision for the purposes of judicial review. The executive director or any other employee or representative of the department shall not seek judicial review of such a decision.
5. The Nevada tax commission shall provide by regulation for:
(a) Notice to each county of any decision upon an appeal to the commission that the commission determines is likely to affect the revenue of the county or other local government. The regulations must specify the form and contents of the notice and requirements for the number of days before a meeting of the commission that the notice must be transmitted to the county or counties. Upon receipt of such a notice the county shall transmit a copy of the notice to each local government within the county which it determines is likely to be affected by the decision.
(b) The manner in which a county or other local government which is not a party to such an appeal may become a party, and the procedure for its participation in the appeal.
6. A county or other local government which is a party and is aggrieved by the decision of the Nevada tax commission is entitled to seek judicial review of the decision.
Sec. 5. NRS 360.270 is hereby amended to read as follows:
360.270 The enumeration of the powers in NRS 360.200 to 360.265, inclusive, shall not be considered as excluding the exercise of any necessary and proper power and authority of the Nevada tax commission or the department [.] , as approved by the Nevada tax commission.
Sec. 6. NRS 360.291 is hereby amended to read as follows:
360.291 The legislature hereby declares that each taxpayer has the right:
1. To be treated by officers and employees of the department with courtesy, fairness, uniformity, consistency and common sense.
2. To a prompt response from the department to each communication from the taxpayer.
κ1997 Statutes of Nevada, Page 2596 (CHAPTER 547, SB 375)κ
3. To provide the minimum documentation and other information as may reasonably be required by the department to carry out its duties.
4. To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
5. To be informed by the department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
6. To written instructions indicating how the taxpayer may petition for:
(a) An adjustment of an assessment; or
(b) A refund or credit for overpayment of taxes, interest or penalties.
7. To recover an overpayment of taxes promptly upon the final determination of such an overpayment.
8. To obtain specific advice from the department concerning taxes imposed by the state.
9. In any meeting with the department, including an audit, conference, interview or hearing:
(a) To an explanation by an officer or employee of the department that describes the procedures to be followed and the taxpayers rights thereunder;
(b) To be represented by himself or anyone who is otherwise authorized by law to represent him before the department;
(c) To make an audio recording using the taxpayers own equipment and at the taxpayers own expense; and
(d) To receive a copy of any document or audio recording made by or in the possession of the department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the department of making the copy.
10. To a full explanation of the departments authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the department.
11. To the immediate release of any lien which the department has placed on real or personal property for the nonpayment of any tax when:
(a) The tax is paid;
(b) The period of limitation for collecting the tax expires;
(c) The lien is the result of an error by the department;
(d) The department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(e) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(f) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(g) The department determines that the lien is creating an economic hardship.
12. To the release of a sales tax bond in accordance with applicable statutes and regulations.
κ1997 Statutes of Nevada, Page 2597 (CHAPTER 547, SB 375)κ
13. To be free from investigation and surveillance by an officer, agent or employee of the department for any purpose that is not directly related to the administration of the provisions of this Title.
14. To be free from harassment and intimidation by an officer, agent or employee of the department for any reason.
Sec. 7. NRS 360.292 is hereby amended to read as follows:
360.292 The executive director shall cause:
1. To be prepared in simple nontechnical terms a pamphlet setting forth the Taxpayers Bill of Rights and a description of the regulations adopted by the department pursuant to NRS 360.2915.
2. A copy of the pamphlet to be distributed [to] :
(a) To each taxpayer on record with the department and to any other person upon request [.] ; and
(b) With each notice to a taxpayer that an audit will be conducted by the department.
Sec. 8. NRS 360.295 is hereby amended to read as follows:
360.295 Except as otherwise specifically provided in this Title, if the department grants an extension of the time for paying any amount required to be paid under this Title, a person who pays the amount within the period for which the extension is granted shall pay, in addition to the amount owing, interest at the rate of [1.5] 1 percent per month from the date the amount would have been due without the extension until the date of payment.
Sec. 9. NRS 361.410 is hereby amended to read as follows:
361.410 1. No taxpayer [shall] may be deprived of any remedy or redress in a court of law relating to the payment of taxes, but all such actions [shall] must be for redress from the findings of the state board of equalization, and no action [shall] may be instituted upon the act of a county assessor or of a county board of equalization or the Nevada tax commission until the state board of equalization has denied complainant relief. [Nothing herein shall be deemed] This subsection must not be construed to prevent a proceeding in mandamus to compel the placing of nonassessed property on the assessment roll.
2. The Nevada tax commission or the department, in that name and in proper cases, may sue and be sued, and the attorney general shall prosecute and defend [the same,] all such cases, but the burden of proof [shall be] is upon the complainant to show by clear and satisfactory evidence that any valuation established by the Nevada tax commission or the department or equalized by the state board of equalization is unjust and inequitable.
3. The executive director or any other employee or representative of the department shall not seek judicial review of a decision made by the Nevada tax commission or the state board of equalization, except in those cases where the state board of equalization has original jurisdiction.
Sec. 10. NRS 360.417 is hereby amended to read as follows:
360.417 Unless a different penalty or rate of interest is specifically provided, any person who fails to pay any tax provided for in chapter 362, 364A, 365, 369, 370, 372, 373 or 374 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] 1 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 2598 (CHAPTER 547, SB 375)κ
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] 1 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.
Sec. 11. 1. This section and sections 1 to 9, inclusive, of this act become effective on July 1, 1997.
2. Section 10 of this act becomes effective on July 1, 1999.
________
Senate Bill No. 398Committee on Natural Resources
CHAPTER 548
AN ACT relating to the board of wildlife commissioners; providing that any regulations of the board relating to the closure of a season for hunting, fishing or trapping must be based upon scientific data obtained or developed by the division of wildlife of the state department of conservation and natural resources; 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 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the division in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the administrator to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(e) The control of nonresident hunters.
κ1997 Statutes of Nevada, Page 2599 (CHAPTER 548, SB 398)κ
(f) The introduction, transplanting or exporting of wildlife.
(g) Cooperation with federal, state and local agencies on wildlife and boating programs.
(h) The revocation of licenses issued pursuant to this Title to any person who is convicted of a violation of any provision of this Title or any regulation adopted pursuant thereto.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the division, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the division.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the division to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.
7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 2600κ
Senate Bill No. 424Senator OConnell
CHAPTER 549
AN ACT relating to taxation; prohibiting a city or county from considering any tax on fuel or retail sales collected by a private enterprise when calculating certain fees and taxes required to be paid by that enterprise; providing certain rights for the payers of those fees and taxes; making various other changes concerning taxation; 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 360.291 is hereby amended to read as follows:
360.291 The legislature hereby declares that each taxpayer has the right:
1. To be treated by officers and employees of the department with courtesy, fairness, uniformity, consistency and common sense.
2. To a prompt response from the department to each communication from the taxpayer.
3. To provide the minimum documentation and other information as may reasonably be required by the department to carry out its duties.
4. To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
5. To be informed by the department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
6. To written instructions indicating how the taxpayer may petition for:
(a) An adjustment of an assessment; or
(b) A refund or credit for overpayment of taxes, interest or penalties.
7. To recover an overpayment of taxes promptly upon the final determination of such an overpayment.
8. To obtain specific advice from the department concerning taxes imposed by the state.
9. In any meeting with the department, including an audit, conference, interview or hearing:
(a) To an explanation by an officer or employee of the department that describes the procedures to be followed and the taxpayers rights thereunder;
(b) To be represented by himself or anyone who is otherwise authorized by law to represent him before the department;
(c) To make an audio recording using the taxpayers own equipment and at the taxpayers own expense; and
(d) To receive a copy of any document or audio recording made by or in the possession of the department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the department of making the copy.
κ1997 Statutes of Nevada, Page 2601 (CHAPTER 549, SB 424)κ
10. To a full explanation of the departments authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer.
11. To the immediate release of any lien which the department has placed on real or personal property for the nonpayment of any tax when:
(a) The tax is paid;
(b) The period of limitation for collecting the tax expires;
(c) The lien is the result of an error by the department;
(d) The department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(e) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(f) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(g) The department determines that the lien is creating an economic hardship.
12. To the release or reduction of a [sales tax] bond required by the department in accordance with applicable statutes and regulations.
13. To be free from investigation and surveillance by an officer, agent or employee of the department for any purpose that is not directly related to the administration of the provisions of this Title.
14. To be free from harassment and intimidation by an officer, agent or employee of the department for any reason.
Sec. 2. Chapter 364 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. 1. An ordinance adopted by a city or county after July 1, 1997, which imposes or increases a tax or fee on a private enterprise that is measured by the income or revenue of the enterprise, including, without limitation, any fee imposed for the regulation and licensing of a business or occupation, must include a statement of:
(a) The need for and purpose of the ordinance.
(b) The intended use for the revenue to be obtained pursuant to the ordinance.
2. An agenda that proposes such an ordinance must include a statement indicating whether the proposed ordinance establishes a new tax or fee, or increases an existing tax or fee.
Sec. 4. An ordinance of a city or county which requires the payment by a private enterprise of a tax or fee measured by the income or revenue of the enterprise, including, without limitation, any fee imposed for the regulation and licensing of a business or occupation, must:
1. Exclude from gross revenue any tax on fuel or on retail sales which is collected by the enterprise, and require the proprietor of the enterprise to maintain adequate accounting records and supporting documentation for determining the relevant sums.
2. Provide that any audit of the amount due from the enterprise must not include any period for the licensing of the business ending more than 3 years before the date of the audit, unless the enterprise has been operating without such a license or the auditor has reason to believe that the enterprise has made a fraudulent or material misstatement of its revenue.
κ1997 Statutes of Nevada, Page 2602 (CHAPTER 549, SB 424)κ
3. Provide a procedure for the proprietor of the enterprise to obtain a review of the results of an audit performed pursuant to subsection 2. To the extent practicable, the procedure must:
(a) Require the auditor to disclose the results of the audit to the proprietor, discuss any relevant issues that have not previously been resolved and attempt to resolve those issues.
(b) If those issues are not resolved through compliance with paragraph (a):
(1) Authorize the proprietor to prepare documentation of those issues and submit the documentation with a copy of the final audit report to an administrative officer responsible for the enforcement of the ordinance; and
(2) Require the administrative officer:
(I) Within 7 days after receiving the documentation, to acknowledge that receipt; and
(II) Within 30 days after receiving the documentation, to respond to the proprietor regarding those issues.
(c) If those issues are not resolved through compliance with paragraph (b), require:
(1) The administrative officer to submit the documentation to the chief administrative officer of the administrative agency responsible for the enforcement of the ordinance and notify the proprietor that the matter is being reviewed by the chief administrative officer; and
(2) The chief administrative officer, within 60 days after receipt of the documentation by the administrative officer pursuant to paragraph (b), to review the documentation and inform the proprietor of his decision regarding the resolution of those issues.
(d) If the proprietor is not satisfied with the resolution of those issues pursuant to paragraph (c), authorize the proprietor to appeal the matter to a board, hearing officer or other person designated by the city or county.
(e) If the proprietor is not satisfied with the resolution of those issues pursuant to paragraph (d), authorize the proprietor, except as otherwise provided in this paragraph, to appeal the matter to the municipal court if the tax or fee is imposed by a city or to the justices court if the tax or fee is imposed by a county. If the amount in controversy exceeds the jurisdiction of the municipal or justices court, or if the municipal or justices court makes a determination adverse to the proprietor, the proprietor may appeal the matter to the district court.
Sec. 5. If an audit is performed pursuant to subsection 2 of section 4 of this act:
1. The proprietor of the enterprise has those rights set forth in NRS 360.291 that are applicable to the audit.
2. The proprietor must be informed of his rights in writing, including his rights relating to the procedure required by subsection 3 of section 4 of this act.
3. The proprietor must be given notice, in writing, of the amount of any interest or penalties required to be paid as a result of the audit.
Sec. 6. NRS 365.210 is hereby amended to read as follows:
365.210 1. No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:
κ1997 Statutes of Nevada, Page 2603 (CHAPTER 549, SB 424)κ
upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:
(a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.
(b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(c) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
[(d) County and city business license taxes where otherwise authorized by law, except as otherwise provided in subsection 2.]
2. After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:
(a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.
Sec. 7. Section 3 of Senate Bill No. 223 of this session is hereby amended to read as follows:
Sec. 3. NRS 365.210 is hereby amended to read as follows:
365.210 1. No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:
(a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.
(b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(c) A tax on aviation fuel authorized by NRS 365.203.
(d) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
2. After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:
(a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.
Sec. 8. On and after October 1, 1997, if an ordinance must be amended to conform to the provisions of section 4 of this act, but is not amended by the appropriate local governing body:
1. An audit of the amount due from a private enterprise must not include any period for the licensing of the business ending more than 3 years before the date of the audit, unless the enterprise has been operating without such a license or the auditor has reason to believe that the enterprise has made a fraudulent or material misstatement of its revenue.
κ1997 Statutes of Nevada, Page 2604 (CHAPTER 549, SB 424)κ
years before the date of the audit, unless the enterprise has been operating without such a license or the auditor has reason to believe that the enterprise has made a fraudulent or material misstatement of its revenue.
2. The proprietor of the enterprise may obtain a review of the results of the audit in the manner required by subsection 3 of section 4 of this act.
Sec. 9. This act becomes effective on July 1, 1997.
________
Senate Bill No. 427Committee on Finance
CHAPTER 550
AN ACT relating to public welfare; creating the division of health care financing and policy within the department of human resources and providing its duties; reassigning certain duties of the welfare division of the department to the division of health care financing and policy and to the housing division of the department of business and industry; exempting the division of health care financing and policy from the requirements of the Nevada Administrative Procedure Act; revising certain provisions regarding reports of the abuse, neglect or exploitation of older persons; revising certain provisions that limit the increase in charges that a major hospital may impose; requiring the legislative committee on health care to conduct a study to evaluate expanding access to health care in this state and to make recommendations for establishing a mandatory Medicaid managed care program; making an appropriation; providing for the allocation and transfer of certain funding for the treatment of Medicaid patients, indigent patients and other low-income patients; 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 228.410 is hereby amended to read as follows:
228.410 1. The attorney general has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the plan or in the provision of medical assistance. The provisions of this section notwithstanding, the welfare division and the division of health care financing and policy of the department of human resources shall enforce the plan and any [administrative] regulations adopted pursuant thereto.
2. For this purpose, [he] the attorney general shall establish within his office the Medicaid fraud control unit. The unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator who, to the extent practicable, [has] have expertise in nursing, medicine and the administration of medical facilities.
3. The attorney general, acting through the Medicaid fraud control unit : [established pursuant to subsection 2:]
(a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;
(b) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the plan and, when appropriate, investigate and prosecute the persons responsible;
κ1997 Statutes of Nevada, Page 2605 (CHAPTER 550, SB 427)κ
(c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities [which] that receive payments under the plan and, when appropriate, shall prosecute the persons responsible;
(d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and
(e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out the provisions of this section.
4. When acting pursuant to NRS 228.175 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.
5. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Plan means the state plan for Medicaid established pursuant to NRS 422.237.
Sec. 2. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3. As used in sections 3 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Administrator means the administrator of the division.
Sec. 5. (Deleted by amendment.)
Sec. 6. Division means the division of health care financing and policy of the department.
Sec. 7. Medicaid has the meaning ascribed to it in NRS 439B.120.
Sec. 8. The purposes of the division are:
1. To ensure that the Medicaid provided by this state is provided in the manner that is most efficient to this state.
2. To evaluate alternative methods of providing Medicaid.
3. To review Medicaid and other health programs of this state to determine the maximum amount of money that is available from the Federal Government for such programs.
4. To promote access to quality health care for all residents of this state.
5. To restrain the growth of the cost of health care in this state.
Sec. 9. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.465, inclusive, and sections 3 to 8, inclusive, of this act, unless the context requires otherwise:
1. Department means the department of human resources.
2. Director means the director of the department.
Sec. 10. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of human resources is hereby created.
2. The department consists of a director and the following divisions:
(a) Aging services division.
κ1997 Statutes of Nevada, Page 2606 (CHAPTER 550, SB 427)κ
(b) Health division.
(c) Mental hygiene and mental retardation division.
(d) Welfare division.
(e) Division of child and family services.
(f) Division of health care financing and policy.
3. The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.
Sec. 11. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, [chiefs] administrators of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) The state welfare administrator; [and]
(4) The administrator of the division of child and family services [.] ; and
(5) The administrator of the division of health care financing and policy.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446, 447, 449 and 450 of NRS, NRS 127.220 to 127.310, inclusive, [422.070] 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and sections 16 to 29, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
κ1997 Statutes of Nevada, Page 2607 (CHAPTER 550, SB 427)κ
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 12. NRS 232.340 is hereby amended to read as follows:
232.340 The [chief] administrator of each division of the department:
1. Is in the unclassified service of the state unless federal law or regulation requires otherwise.
2. Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
3. Except as otherwise provided in NRS 284.143, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 13. NRS 232.350 is hereby amended to read as follows:
232.350 Unless federal law or regulation requires otherwise:
1. The [chiefs] administrators of the divisions of the department, except as otherwise provided in [subsection 2,] subsections 2 and 3, may each appoint a deputy and a chief assistant in the unclassified service of the state.
2. The administrator of the division of child and family services of the department may appoint three deputies in the unclassified service of the state.
3. The administrator of the division of health care financing and policy of the department may appoint two deputies in the unclassified service of the state.
Sec. 14. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The division of health care financing and policy of the department of human resources.
(j) The state board of examiners acting pursuant to chapter 217 of NRS.
[(j)] (k) Except as otherwise provided in NRS 533.365, the office of the state engineer.
2. Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
κ1997 Statutes of Nevada, Page 2608 (CHAPTER 550, SB 427)κ
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
Sec. 14.1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any 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. The report must be made to:
(a) The local office of the [welfare or] aging services division or the division of health care financing and policy of the department of human resources;
(b) Any police department or sheriffs office; or
(c) The countys office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the [welfare division,] aging services division , another division of the department of human resources 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:
κ1997 Statutes of Nevada, Page 2609 (CHAPTER 550, SB 427)κ
(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.
(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 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 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 from a client who has been or may be accused of the abuse, neglect or exploitation.
(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 of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
3. A report may be filed by any other person.
4. Any 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 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.
κ1997 Statutes of Nevada, Page 2610 (CHAPTER 550, SB 427)κ
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, 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.
Sec. 14.2. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. 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, exploited or isolated. The report must be made to:
(a) The local office of the aging services division [or the division of health care financing and policy] of the department of human resources;
(b) 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, exploitation or isolation of an older person involves an act or omission of the aging services division, another division of the department of human resources 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, 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, 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, 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, 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.
κ1997 Statutes of Nevada, Page 2611 (CHAPTER 550, SB 427)κ
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, 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, 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. 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, 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, exploited or isolated, 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.
Sec. 14.3. 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] department of human resources or the countys office for protective services shall obtain the consent of the older person before inspecting those records.
κ1997 Statutes of Nevada, Page 2612 (CHAPTER 550, SB 427)κ
human resources or the countys office for protective services shall obtain the consent of the older person before inspecting those records. If the [welfare division] department of human resources 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] department of human resources or the countys office for protective services shall obtain the consent of the guardian before inspecting those records. If the [welfare division] department of human resources or the countys office for protective services has reason to believe that the guardian is abusing, neglecting or exploiting 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.
Sec. 14.4. NRS 200.50986 is hereby amended to read as follows:
200.50986 The [local office of the welfare division] department of human resources 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] department of human resources or the countys office of protective services has reason to believe that the guardian is abusing, neglecting or exploiting the older person in violation of NRS 200.5095 to 200.5099, inclusive.
Sec. 14.5. Chapter 319 of NRS is hereby amended by adding thereto a new section to read as follows:
The division shall administer the program established to increase the efficiency with which energy is used in dwellings owned or occupied by persons of low income pursuant to 42 U.S.C. §§ 6861 et seq.
Sec. 15. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 29, inclusive, of this act.
Sec. 16. Division of health care financing and policy means the division of health care financing and policy of the department.
Sec. 17. As used in NRS 422.285, 422.2993, 422.2997, 422.380 to 422.390, inclusive, 422.580, and sections 17 to 29, inclusive, of this act, unless the context otherwise requires, administrator means the administrator of the division of health care financing and policy.
Sec. 18. The administrator and the division of health care financing and policy shall administer the provisions of NRS 422.285, 422.2993, 422.2997, 422.380 to 422.390, inclusive, 422.580, and sections 17 to 29, inclusive, of this act, subject to administrative supervision by the director.
Sec. 19. (Deleted by amendment.)
Sec. 20. The administrator must:
1. Be appointed on the basis of his training, education, experience and interest in the financing of programs for public health, including, without limitation, the financing of Medicaid.
2. Be a graduate in public administration, business administration or a similar area of study from an accredited college or university.
κ1997 Statutes of Nevada, Page 2613 (CHAPTER 550, SB 427)κ
3. Have not less than 3 years of demonstrated successful experience in the financing of health care or other public programs, and not less than 1 year of experience relating to Medicaid, or any equivalent combination of training and experience.
4. Possess qualities of leadership in the fields of health care and the financing of health care.
Sec. 21. The administrator:
1. Shall serve as the executive officer of the division of health care financing and policy.
2. Shall establish policies for the administration of the programs of the division, and shall administer all activities and services of the division in accordance with those policies and any regulations of the administrator, subject to administrative supervision by the director.
3. Is responsible for the management of the division.
Sec. 22. The administrator shall make:
1. Such reports, subject to approval by the director, as will comply with the requirements of federal legislation and this chapter.
2. A biennial report to the director on the condition, operation and functioning of the division of health care financing and policy.
Sec. 23. The administrator:
1. Is responsible for and shall supervise the fiscal affairs and responsibilities of the division of health care financing and policy, subject to administrative supervision by the director.
2. Shall present the biennial budget of the division to the legislature in conjunction with the budget division of the department of administration.
3. Shall allocate, in the interest of efficiency and economy, the states appropriation for the administration of each program for which the division of health care financing and policy is responsible, subject to administrative supervision by the director.
Sec. 24. The administrator:
1. May establish, consolidate and abolish sections within the division of health care financing and policy.
2. Shall organize the division to comply with the requirements of this chapter and with the standards required by federal legislation, subject to approval by the director.
3. Shall appoint the heads of the sections of the division.
4. May employ such assistants and employees as may be necessary to the efficient operation of the division.
5. Shall set standards of service.
Sec. 25. 1. The administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the division of health care financing and policy at a designated time and place and the production of books, papers and records relative to:
(a) Eligibility or continued eligibility to provide medical care, remedial care or other services pursuant to the state plan for Medicaid; and
(b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the state plan for Medicaid.
κ1997 Statutes of Nevada, Page 2614 (CHAPTER 550, SB 427)κ
2. If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.
Sec. 26. The administrator shall:
1. Supply the director with material on which to base proposed legislation.
2. Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.
3. Coordinate the activities of the division of health care financing and policy with other agencies, both public and private, with related or similar activities.
4. Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. Inform the public in regard to the activities and operation of the division, and provide other information which will acquaint the public with the financing of Medicaid programs.
6. Conduct studies into the causes of the social problems with which the division is concerned.
7. Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of NRS 422.285, 422.2993, 422.2997, 422.380 to 422.390, inclusive, 422.580, and sections 17 to 29, inclusive, of this act.
8. Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business, and to promote the efficiency of the service provided by the division.
Sec. 27. 1. The administrator shall:
(a) Promptly comply with a request from the unit for access to and free copies of any records or other information in the possession of the division of health care financing and policy regarding a provider;
(b) Refer to the unit all cases in which he suspects that a provider has committed an offense pursuant to NRS 422.540 to 422.570, inclusive; and
(c) Suspend or exclude a provider who he determines has committed an offense pursuant to NRS 422.540 to 422.570, inclusive, from participation as a provider or an employee of a provider, for a minimum of 3 years. A criminal action need not be brought against the provider before suspension or exclusion pursuant to this subsection.
2. As used in this section:
(a) Provider means a person who has applied to participate or who participates in the state plan for Medicaid as the provider of goods or services.
(b) Unit means the Medicaid fraud control unit established in the office of the attorney general pursuant to NRS 228.410.
Sec. 28. The administrator may adopt such regulations as are necessary for the administration of NRS 422.285, 422.2993, 422.2997, 422.380 to 422.390, inclusive, 422.580, and sections 17 to 29, inclusive, of this act.
κ1997 Statutes of Nevada, Page 2615 (CHAPTER 550, SB 427)κ
Sec. 29. 1. Any gifts or grants of money which the division of health care financing and policy is authorized to accept must be deposited in the state treasury to the credit of the gift and cooperative account of the division of health care financing and policy which is hereby created in the department of human resources gift fund.
2. Money in the account must be used for health care purposes only and expended in accordance with the terms of the gift or grant.
3. All claims must be approved by the administrator before they are paid.
Sec. 30. NRS 422.001 is hereby amended to read as follows:
422.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [422.005] 422.007 to 422.055, inclusive, [and] section 2 of [this act,] Assembly Bill No. 13 of this session and section 16 of this act, have the meanings ascribed to them in those sections.
Sec. 30.5. NRS 422.050 is hereby amended to read as follows:
422.050 Public assistance includes:
1. State supplementary assistance;
2. Aid to families with dependent children;
3. Medicaid;
4. Food stamp assistance;
5. Low-income home energy assistance; and
6. [Low-income weatherization assistance; and
7.] Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
Sec. 31. NRS 422.050 is hereby amended to read as follows:
422.050 Public assistance includes:
1. State supplementary assistance;
2. Aid to families with dependent children;
3. Medicaid;
4. Food stamp assistance;
5. Low-income home energy assistance; and
6. Benefits provided pursuant to any other public welfare program administered by the welfare division or the division of health care financing and policy pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
Sec. 32. NRS 422.060 is hereby amended to read as follows:
422.060 The state welfare administrator and the welfare division shall administer the provisions of this section and NRS [422.070 to 422.410, inclusive,] 422.160 to 422.2345, inclusive, 422.238, 422.250, 422.2935 to 422.294, inclusive, 422.296 to 422.299, inclusive, and 422.310 to 422.377, inclusive, subject to administrative supervision by the director.
Sec. 33. NRS 422.110 is hereby amended to read as follows:
422.110 1. The members of the board may meet at such times and at such places as the board, the chairman of the board, the state welfare administrator or the director deems necessary and a meeting of the board may be held at least once each year.
κ1997 Statutes of Nevada, Page 2616 (CHAPTER 550, SB 427)κ
2. Four members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board.
3. The board shall keep minutes of the transactions of each board session, regular or special, which are public records and must be filed with the welfare division.
Sec. 34. NRS 422.120 is hereby amended to read as follows:
422.120 1. At the first meeting after the adjournment of any regular session of the legislature, the board shall elect from its members a chairman and vice chairman. The terms of the offices of chairman and vice chairman expire upon the election of a chairman and vice chairman at the first meeting following the adjournment of the next regular session of the legislature.
2. If a vacancy occurs in the office of chairman, the vice chairman shall assume the duties of chairman for the unexpired term. If a vacancy occurs in the office of vice chairman, the board shall, at its next meeting, fill the vacancy for the unexpired term.
3. The state welfare administrator shall act as the nonvoting recording secretary.
Sec. 35. NRS 422.140 is hereby amended to read as follows:
422.140 1. The board has only those powers and duties authorized by law.
2. The board:
(a) Shall adopt regulations for its own management and government.
(b) May adopt regulations for the administration of public assistance and other programs for which the welfare division is responsible.
3. A regulation of the board:
[(1)] (a) Must be so formulated or conditioned that it does not require for its operation throughout a fiscal year the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which it applies.
[(2)] (b) Must not be inconsistent with any plan, policy or regulation [adopted] :
(1) Adopted by the state welfare administrator:
(I) Pursuant to NRS 422.238, without the approval of the board; or
(II) Pursuant to NRS 422.180, [422.237,] 422.265, 422.373 or 422.377.
[(3) Becomes effective upon adoption or such other date as the board specifies in the regulation.]
(2) Adopted by the director pursuant to NRS 422.237.
(c) Shall advise and make recommendations to the director or the legislature relative to the public welfare policy of the state.
[3.] 4. The state welfare administrator shall execute and enforce the regulations of the board.
Sec. 36. NRS 422.141 is hereby amended to read as follows:
422.141 1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the [welfare division] department is responsible, the board shall give at least 30 days notice of its intended action.
2. The notice of intent to act upon a regulation must:
κ1997 Statutes of Nevada, Page 2617 (CHAPTER 550, SB 427)κ
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the board for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The board shall consider fully all oral and written submissions relating to the proposed regulation.
4. The board shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to this section in the manner provided in subsections 1 and 2 of NRS 241.035.
5. The board may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.
6. No objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date.
Sec. 37. NRS 422.151 is hereby amended to read as follows:
422.151 1. The medical care advisory group is hereby created within the [welfare] division of [the department.] health care financing and policy.
2. The function of the medical care advisory group is to:
(a) Advise the [welfare] division regarding the provision of services for the health and medical care of welfare recipients.
(b) Participate, and increase the participation of welfare recipients, in the development of policy and the administration of programs by the [welfare] division.
Sec. 38. NRS 422.155 is hereby amended to read as follows:
422.155 1. The director shall appoint a chairman of the medical care advisory group from among its members.
2. The [chief of the medical care section of the welfare division or other person designated by the administrator to perform an equivalent function] administrator of the division of health care financing and policy or his designee shall serve as secretary for the medical care advisory group.
3. The medical care advisory group:
(a) Shall meet at least once each calendar year.
(b) May, upon the recommendation of the chairman, form subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the medical care advisory group.
κ1997 Statutes of Nevada, Page 2618 (CHAPTER 550, SB 427)κ
Sec. 39. NRS 422.160 is hereby amended to read as follows:
422.160 The state welfare administrator [shall:] must:
1. Be selected on the basis of his training, experience, capacity and interest in public welfare services.
2. Be a graduate in public or business administration from an accredited college or university.
3. Have had not less than 3 [years] years of demonstrated successful experience in public welfare administration, with responsibility for general direction and determination of a policy of a general assistance and social service program, or any equivalent combination of training and experience.
4. Possess qualities of leadership in the field of human welfare and health.
Sec. 40. NRS 422.180 is hereby amended to read as follows:
422.180 The state welfare administrator:
1. Shall serve as the executive officer of the welfare division.
2. Shall establish policies for the administration of the programs of the welfare division, and shall administer all activities and services of the welfare division in accordance with those policies and any regulations of the state welfare administrator or the board, subject to administrative supervision by the director.
3. Is responsible for the management of the welfare division.
Sec. 41. NRS 422.190 is hereby amended to read as follows:
422.190 The state welfare administrator shall [have the following powers and duties:
1. To make such] make:
1. Such reports, subject to approval by the director, as will comply with the requirements of federal legislation and [with the provisions of] this chapter.
2. [To make reports] Reports to the [state welfare] board.
3. [To make a] A biennial report to the director [of] on the condition, operation and functioning of the welfare division.
Sec. 42. NRS 422.200 is hereby amended to read as follows:
422.200 The state welfare administrator:
1. Is responsible for and shall supervise the fiscal affairs and responsibilities of the welfare division, subject to administrative supervision by the director.
2. Shall present the biennial budget of the welfare division to the legislature in conjunction with the budget division of the department of administration.
3. Shall allocate, in the interest of efficiency and economy, the states appropriation for the administration of [the separate programs] each program for which the welfare division is responsible, subject to administrative supervision by the director.
Sec. 43. NRS 422.210 is hereby amended to read as follows:
422.210 The state welfare administrator:
1. May establish, consolidate and abolish sections within the welfare division.
κ1997 Statutes of Nevada, Page 2619 (CHAPTER 550, SB 427)κ
2. Shall organize the welfare division [so as] to comply with the requirements of this chapter and with the standards required by federal legislation, subject to approval by the director.
3. Shall appoint the heads of the sections of the welfare division.
4. May employ such assistants and employees as may be necessary to the efficient operation of the welfare division.
5. Shall set standards of service.
Sec. 44. NRS 422.215 is hereby amended to read as follows:
422.215 1. The state welfare administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the welfare division at a designated time and place and the production of books, papers and records relative to:
(a) Eligibility or continued eligibility for public assistance; and
(b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the state plan for Medicaid.
2. If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, the district court of the county in which the investigation is being conducted may compel the attendance of [witnesses,] the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.
Sec. 45. NRS 422.230 is hereby amended to read as follows:
422.230 The state welfare administrator [has the following powers and duties:
1. To supply] shall:
1. Supply the director with material on which to base proposed legislation.
2. [To cooperate] Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.
3. [To coordinate] Coordinate the activities of the welfare division with other agencies, both public and private, with related or similar activities.
4. [To keep] Keep a complete and accurate record of all proceedings, record and file all bonds [or] and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. [To inform] Inform the public in regard to the activities and operation of the welfare division, and [to give] provide other information which will acquaint the public with [welfare problems.
6. To conduct] problems relating to welfare.
6. Conduct studies into the causes of the social problems with which the welfare division is concerned.
7. [To provide] Provide leadership in the community in order that all welfare activities are pointed toward the single goal of improving the public welfare.
8. [To invoke] Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS [422.070 to 422.410,] 422.060, 422.160 to 422.2345, inclusive, 422.238, 422.250, 422.2935 to 422.294, inclusive, 422.296 to 422.299, inclusive, and 422.310 to 422.377, inclusive.
κ1997 Statutes of Nevada, Page 2620 (CHAPTER 550, SB 427)κ
422.250, 422.2935 to 422.294, inclusive, 422.296 to 422.299, inclusive, and 422.310 to 422.377, inclusive.
9. [To exercise] Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business, to ensure fair consideration of applications for aid, and to promote the efficiency of the service [.] provided by the welfare division.
Sec. 46. NRS 422.2345 is hereby amended to read as follows:
422.2345 1. The state welfare administrator shall:
(a) Promptly comply with a request from the unit for access to and free copies of any records or other information in the possession of the welfare division regarding a provider; and
(b) Refer to the unit all cases in which he suspects that a provider has committed an offense [under] pursuant to NRS 422.540 [, 422.550, 422.560 or 422.570; and
(c) Suspend or exclude a provider who he determines has committed an offense under NRS 422.540, 422.550, 422.560 or 422.570 from participation as a provider or an employee of a provider, for a minimum of 3 years. A criminal action need not be brought against the provider before suspension or exclusion pursuant to this subsection.] to 422.570, inclusive.
2. As used in this section:
(a) Provider means a person who has applied to participate or who participates in the state plan for Medicaid as the provider of goods or services.
(b) Unit means the Medicaid fraud control unit established in the office of the attorney general pursuant to NRS 228.410.
Sec. 47. NRS 422.235 is hereby amended to read as follows:
422.235 As a part of the health and welfare programs of this state, the welfare division [is authorized to:] or the division of health care financing and policy may:
1. Conduct a family planning service , or contract for the provision of a family planning service, in any county of the state. Such service may include the dispensing of information and the distribution of literature on birth control and family planning methods.
2. Establish a policy of referral of welfare recipients for birth control.
Sec. 48. NRS 422.236 is hereby amended to read as follows:
422.236 1. As part of the health and welfare programs of this state, the welfare division or the division of health care financing and policy may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this state.
2. The welfare division or the division of health care financing and policy shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for Medicaid and any other interested person, information concerning the prenatal care available pursuant to this section.
3. The welfare division or the division of health care financing and policy shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of this section, and such other provisions relating to the development and administration of the program for prenatal care as the state welfare administrator or the administrator of the division of health care financing and policy, as applicable, and the board deem necessary.
κ1997 Statutes of Nevada, Page 2621 (CHAPTER 550, SB 427)κ
administrator or the administrator of the division of health care financing and policy, as applicable, and the board deem necessary.
Sec. 49. NRS 422.237 is hereby amended to read as follows:
422.237 1. The [administrator] director shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any public assistance or other program for which the welfare division or the division of health care financing and policy is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:
(a) The requirements for eligibility;
(b) The nature and amounts of grants and other assistance which may be provided;
(c) The conditions imposed; and
(d) Such other provisions relating to the development and administration of the program as the [administrator] director deems necessary.
[Such a plan becomes effective upon adoption or such other date as the administrator specifies in the plan.]
2. In developing and revising such a plan, the [administrator] director shall consider, among other things:
(a) The amount of money available from the Federal Government;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations and authorizations,
for the particular program to which the plan applies.
3. The welfare division and the division of health care financing and policy shall comply with each state plan adopted pursuant to this section.
Sec. 50. NRS 422.238 is hereby amended to read as follows:
422.238 1. The state welfare administrator:
(a) Shall propose regulations for the administration of NRS [422.070 to 422.410, inclusive;] 422.060, 422.160 to 422.2345, inclusive, 422.238, 422.250, 422.2935 to 422.294, inclusive, 422.296 to 422.299, inclusive, and 422.310 to 422.377, inclusive; and
(b) May propose regulations to administer any program of the welfare division.
2. The state welfare administrator may adopt any regulation proposed pursuant to this section which:
(a) Is approved by the board;
(b) Is required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any program of the welfare division; or
(c) The director of the department of administration and the state welfare administrator determine is necessary to avoid the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which the regulation applies.
[3. A regulation adopted by the administrator becomes effective upon adoption or such other date as the administrator specifies in the regulation.]
Sec. 51. NRS 422.240 is hereby amended to read as follows:
422.240 1. Money to carry out the provisions of NRS [422.070] 422.001 to 422.410, inclusive, 422.580, and sections 16 to 29, inclusive, of this act, must be provided by appropriation by the legislature from the state general fund.
κ1997 Statutes of Nevada, Page 2622 (CHAPTER 550, SB 427)κ
this act, must be provided by appropriation by the legislature from the state general fund.
2. Disbursements for the purposes of NRS [422.070] 422.001 to 422.410, inclusive, 422.580, and sections 16 to 29, inclusive, of this act, must be made upon claims duly filed, audited and allowed in the same manner as other money in the state treasury is disbursed.
Sec. 52. NRS 422.245 is hereby amended to read as follows:
422.245 Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the welfare division or the division of health care financing and policy is responsible and such other money as may be received by the state for such purposes must be deposited in the appropriate accounts of the welfare division or the division of health care financing and policy in the state general fund.
Sec. 53. NRS 422.250 is hereby amended to read as follows:
422.250 1. Any gifts or grants of money which the welfare division is authorized to accept must be deposited in the state treasury to the credit of the welfare divisions gift and cooperative account in the department of human resources gift fund.
2. Money in the account must be used for welfare purposes only and expended in accordance with the terms of the gift or grant.
3. All claims must be approved by the state welfare administrator before they are paid.
Sec. 54. NRS 422.265 is hereby amended to read as follows:
422.265 If Congress passes any law increasing the participation of the Federal Government in a Nevada program for public assistance, whether relating to eligibility for assistance or otherwise:
1. The director may accept, with the approval of the governor, the increased benefits of such congressional legislation; and
2. The state welfare administrator or the administrator of the division of health care financing and policy may adopt any regulations required by the Federal Government as a condition of acceptance.
Sec. 54.5. NRS 422.270 is hereby amended to read as follows:
422.270 The department through the welfare division shall:
1. Except as otherwise provided in NRS 432.010 to 432.085, inclusive, administer all public welfare programs of this state, including:
(a) State supplementary assistance;
(b) Aid to families with dependent children;
(c) Medicaid;
(d) Food stamp assistance;
(e) Low-income home energy assistance;
(f) [Low-income weatherization assistance;
(g)] The program for the enforcement of child support; and
[(h)] (g) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.
κ1997 Statutes of Nevada, Page 2623 (CHAPTER 550, SB 427)κ
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.
6. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.
Sec. 55. NRS 422.270 is hereby amended to read as follows:
422.270 The department [through the welfare division shall:
1. Except as otherwise provided in NRS 432.010 to 432.085, inclusive, administer] shall:
1. Administer all public welfare programs of this state, including:
(a) State supplementary assistance;
(b) Aid to families with dependent children;
(c) Medicaid;
(d) Food stamp assistance;
(e) Low-income home energy assistance;
(f) The program for the enforcement of child support; and
(g) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the [welfare division] department in carrying out the provisions of [NRS 422.070 to 422.410, inclusive.] this chapter.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the [administrator.] director.
κ1997 Statutes of Nevada, Page 2624 (CHAPTER 550, SB 427)κ
6. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.
Sec. 56. NRS 422.275 is hereby amended to read as follows:
422.275 The attorney general and his deputies are the legal advisers for the welfare division [.] and the division of health care financing and policy.
Sec. 57. NRS 422.280 is hereby amended to read as follows:
422.280 [In order to secure] To ensure accuracy, uniformity and completeness in statistics and information, the welfare division and the division of health care financing and policy may prescribe forms of reports and records to be kept by all persons, associations or institutions, subject to its supervision or investigation, and each such person, association or institution shall keep such records and render such reports in [conformity to] the form so prescribed.
Sec. 58. NRS 422.285 is hereby amended to read as follows:
422.285 The department through the [welfare division,] division of health care financing and policy, may reimburse directly, under the state plan for Medicaid, any registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, for such services rendered under the authorized scope of his practice to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.
Sec. 59. NRS 422.290 is hereby amended to read as follows:
422.290 1. [For the purpose of restricting] To restrict the use or disclosure of any information concerning applicants for and recipients of public assistance to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the welfare division and the division of health care financing and policy shall establish and enforce reasonable [rules and] regulations governing the custody, use and preservation of [the] any records, files and communications filed with the welfare division [.
2. Wherever, under provisions of law or regulations] or the division of health care financing and policy.
2. If, pursuant to a specific statute or a regulation of the welfare division [,] or the division of health care financing and policy, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government is bound by the [rules and] regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.
3. Except for purposes directly connected with the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to a recipient of assistance under the provisions of this chapter.
Sec. 60. NRS 422.293 is hereby amended to read as follows:
422.293 1. When a recipient of Medicaid incurs an illness or injury for which medical services are payable under the state plan and which is incurred under circumstances creating a legal liability in some person other than the recipient or [the welfare] a division of the department to pay all or part of the costs of such services, the [division] department is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.
κ1997 Statutes of Nevada, Page 2625 (CHAPTER 550, SB 427)κ
than the recipient or [the welfare] a division of the department to pay all or part of the costs of such services, the [division] department is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.
2. If a recipient or his successors in interest fail or refuse to commence an action to enforce the legal liability, the [welfare division] department may commence an independent action, after notice to the recipient or his successors in interest, to recover all costs to which it is entitled. In any such action by the [division,] department, the recipient or his successors in interest may be joined as third-party defendants.
3. In any case where the [welfare division] department is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the [division] department has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. Such a lien must be satisfied in full, unless reduced pursuant to subsection 5, at such time as:
(a) The proceeds of any recovery or settlement are distributed to or on behalf of the recipient, his successors in interest or his attorney; and
(b) A dismissal by any court of any action brought to enforce the legal liability established by subsection 1.
No such lien is enforceable unless written notice is first given to the person against whom the lien is asserted.
4. The recipient or his successors in interest shall notify the [welfare division] department in writing before entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1. Except if extraordinary circumstances exist, a person who fails to comply with the provisions of this subsection shall be deemed to have waived any consideration by the [administrator] director or his designated representative of a reduction of the amount of the lien pursuant to subsection 5 and shall pay to the [division] department all costs to which it is entitled and its court costs and attorneys fees.
5. If the [welfare division] department receives notice pursuant to subsection 4, the [administrator] director or his designated representative may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery.
6. The attorney of a recipient:
(a) Shall not condition the amount of attorneys fees or impose additional attorneys fees based on whether a reduction of the lien is authorized by the [administrator] director or his designated representative pursuant to subsection 5.
(b) Shall reduce the amount of the fees charged the recipient for services provided by the amount the attorney receives from the reduction of a lien authorized by the [administrator] director or his designated representative pursuant to subsection 5.
κ1997 Statutes of Nevada, Page 2626 (CHAPTER 550, SB 427)κ
Sec. 61. NRS 422.2935 is hereby amended to read as follows:
422.2935 1. Except as otherwise provided in this section, the welfare division shall, to the extent it is not prohibited by federal law and when circumstances allow:
(a) Recover benefits correctly paid for Medicaid from:
(1) The undivided estate of the person who received those benefits; and
(2) Any recipient of money or property from the undivided estate of the person who received those benefits.
(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:
(1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or
(2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.
2. The welfare division shall not recover benefits pursuant to paragraph (a) of subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.
3. Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.
4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.
5. The state welfare administrator may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The board shall adopt regulations defining the circumstances that constitute an undue hardship.
6. Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.
7. An action to recover money owed to the department [of human resources] as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:
(a) The death of the recipient of Medicaid;
(b) The death of the surviving spouse of the recipient of Medicaid;
κ1997 Statutes of Nevada, Page 2627 (CHAPTER 550, SB 427)κ
(c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and
(d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.
Sec. 62. NRS 422.29355 is hereby amended to read as follows:
422.29355 1. The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a) The welfare division may obtain a lien against a recipients property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.
(b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.
2. No lien may be placed on a recipients home for assistance correctly paid if:
(a) His spouse;
(b) His child who is under 21 years of age or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
is lawfully residing in the home.
3. Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in NRS 422.054.
4. The state welfare administrator shall release a lien pursuant to this section:
(a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;
(b) If the lien was incorrectly determined; or
(c) Upon satisfaction of the [welfare divisions claim.] claim of the welfare division.
Sec. 63. NRS 422.295 is hereby amended to read as follows:
422.295 Any person who is [the] :
1. The subject of a hearing conducted under the authority of the welfare division or the division of health care financing and policy; or [who is a]
2. A witness at that hearing,
and who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be appointed by the person who presides at the hearing.
κ1997 Statutes of Nevada, Page 2628 (CHAPTER 550, SB 427)κ
Sec. 64. NRS 422.298 is hereby amended to read as follows:
422.298 1. A decision or order adverse to an applicant for or recipient of public assistance must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail forthwith to each party and to his attorney or other representative.
2. A person aggrieved by the final decision of the welfare division with respect to public assistance may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which he resides to review the decision. The district court shall review the decision on the record of the case before the welfare division, a copy of which must be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.
Sec. 65. NRS 422.2993 is hereby amended to read as follows:
422.2993 1. Except as otherwise provided in NRS 228.410 and [422.2345] section 27 of this act and subsection 2 of this section, any information obtained by the [welfare] division of health care financing and policy in an investigation of a provider of services under the state plan for Medicaid is confidential.
2. The information presented as evidence at a hearing:
(a) To enforce the provisions of NRS 422.450 to 422.580, inclusive; or
(b) To review an action by the [welfare] division of health care financing and policy against a provider of services under the state plan for Medicaid,
is not confidential, except for the identity of any recipient of the assistance.
Sec. 66. NRS 422.2997 is hereby amended to read as follows:
422.2997 1. Upon receipt of a request for a hearing from a provider of services under the plan for Medicaid, the [welfare] division of health care financing and policy shall appoint a hearing officer to conduct the hearing. Any employee or other representative of the [welfare] division of health care financing and policy who investigated or made the initial decision regarding the action taken against a provider of services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.
2. The [welfare] division of health care financing and policy shall adopt regulations prescribing the procedures to be followed at the hearing.
3. The decision of the hearing officer is a final decision. Any party, including the [welfare division,] division of health care financing and policy, who is aggrieved by the decision of the hearing officer may appeal that decision to the district court. The review of the court must be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
κ1997 Statutes of Nevada, Page 2629 (CHAPTER 550, SB 427)κ
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the [welfare division;] division of health care financing and policy;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Sec. 67. NRS 422.373 is hereby amended to read as follows:
422.373 The state welfare administrator shall, pursuant to the appropriate provisions of 42 U.S.C. §§ 601 to 645, inclusive, establish by regulation a plan to provide for the education and training of recipients of aid to families with dependent children as a condition of being eligible for that aid.
Sec. 68. NRS 422.375 is hereby amended to read as follows:
422.375 The plan must include provisions for:
1. Assisting the recipient to plan for a career, including:
(a) Testing of the [recipients skills;] skills of the recipient;
(b) Evaluation of the [recipients] abilities and goals [;] of the recipient;
(c) Guidance for the recipient in establishing a specific plan for training; and
(d) A contract between the welfare division and the recipient which specifies the responsibilities of each party, including the:
(1) [Recipients commitment] Commitment of the recipient to specific actions to prepare for and seek employment that will make the recipient self-sufficient.
(2) [Welfare divisions commitment] Commitment of the welfare division to provide assistance and services to the recipient while he is seeking employment.
2. Training of a recipient by an employer, including:
(a) Subsidization of the [employers] costs incurred by the employer in training the recipient; and
(b) An emphasis on training the recipient in increasingly difficult duties under close supervision until the recipient is capable of performing the work on his own.
3. Operation of a program to assist recipients who have limited or no skills to obtain the necessary training and experience for unsubsidized employment.
4. Education and training of a recipient, including:
(a) Courses of training in skills desirable for employment in Nevada;
(b) Payment, for qualified recipients, of the costs of tuition, books and fees for college courses which are directly applicable to the recipients goals for his career; and
(c) Basic education in reading, writing, mathematics, the sciences and English as a second language, and education leading to the equivalent of a high school diploma.
5. Direct placement in a job, including assisting the recipient to search for a job.
κ1997 Statutes of Nevada, Page 2630 (CHAPTER 550, SB 427)κ
6. Supportive services, including:
(a) If the recipient is employed by an employer who does not provide health insurance, providing health insurance for a limited time after the recipient is employed;
(b) Subsidizing the costs of child care while the recipient is participating in the plan and for a limited time after he is employed; and
(c) Reimbursement of the costs of transportation, up to a limit determined by the state welfare administrator, while the recipient is participating in the plan.
Sec. 69. NRS 422.377 is hereby amended to read as follows:
422.377 The state welfare administrator:
1. Shall adopt regulations for:
(a) The administration of the plan; and
(b) The determination of eligibility of a recipient to participate in any part of the plan;
2. May contract with any state or private agency to provide any of the services of the plan; and
3. May receive a grant of money from the Federal Government or any other source to defray the costs of the plan.
Sec. 70. NRS 422.3805 is hereby amended to read as follows:
422.3805 The [director] administrator shall:
1. Apply for all waivers from federal law or regulation which are necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive; and
2. If a waiver is denied or altered, take all appropriate steps to comply with the directives of the Federal Government.
Sec. 71. NRS 422.382 is hereby amended to read as follows:
422.382 1. In a county within which:
(a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to 75 percent of the amount of the payment made to the public hospital pursuant to NRS 422.387 less $50,000 to the [department.] division of health care financing and policy.
(b) A private hospital which receives a payment pursuant to NRS 422.387 is located, the county shall transfer an amount established by the legislature to the [department.] division of health care financing and policy.
2. A county that transfers the amount required pursuant to paragraph (b) of subsection 1 to the [department] division of health care financing and policy is discharged of the duty and is released from liability for providing medical treatment for indigent inpatients who are treated in the hospital in the county that receives a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387.
3. Any money collected pursuant to subsection 1, including any interest or penalties imposed for a delinquent payment, must be deposited in the state treasury for credit to the intergovernmental transfer account in the state general fund to be administered by the [department.] division of health care financing and policy.
κ1997 Statutes of Nevada, Page 2631 (CHAPTER 550, SB 427)κ
4. The interest and income earned on money in the intergovernmental transfer account, after deducting any applicable charges, must be credited to the account.
Sec. 72. NRS 422.385 is hereby amended to read as follows:
422.385 1. The allocations and payments required pursuant to NRS 422.387 must be made, to the extent allowed by the state plan for Medicaid, from the Medicaid budget account.
2. The money in the intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the account exceeds the amount authorized for expenditure by the [department] division of health care financing and policy for the purposes specified in NRS 422.387, the [department] division of health care financing and policy is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.
Sec. 73. NRS 422.387 is hereby amended to read as follows:
422.387 1. Before making the payments required or authorized by this section, the [department] division of health care financing and policy shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the legislature for this purpose in a fiscal year. The interim finance committee may adjust the amount allowed for administrative costs.
2. The state plan for Medicaid must provide:
(a) For the payment of the maximum amount allowable under federal law and regulations after making a payment, if any, pursuant to paragraph (b), to public hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.
(b) For a payment in an amount approved by the legislature to the private hospital that provides the largest volume of medical care to Medicaid patients, indigent patients or other low-income patients in a county that does not have a public hospital.
The plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.), and the regulations adopted pursuant to those provisions.
3. The [department] division of health care financing and policy may , with the approval of the director, amend the state plan for Medicaid to modify the methodology for establishing the rates of payment to public hospitals for inpatient services, except that such amendments must not reduce the total reimbursements to public hospitals for such services.
Sec. 74. NRS 422.390 is hereby amended to read as follows:
422.390 1. The [department, through the welfare division,] division of health care financing and policy shall adopt regulations concerning:
(a) Procedures for the transfer to the [department] division of health care financing and policy of the amount required pursuant to NRS 422.382.
(b) Provisions for the payment of a penalty and interest for a delinquent transfer.
κ1997 Statutes of Nevada, Page 2632 (CHAPTER 550, SB 427)κ
(c) Provisions for the payment of interest by the [department] division of health care financing and policy for late reimbursements to hospitals or other providers of medical care.
2. The [department] division of health care financing and policy shall report to the interim finance committee quarterly concerning the provisions of NRS 422.380 to 422.390, inclusive.
Sec. 75. NRS 439A.082 is hereby amended to read as follows:
439A.082 The director , through the division of health care financing and policy of the department, shall contract with the University and Community College System of Nevada to collect and analyze information from health facilities and purchasers of health care to:
1. Respond to requests for information from the legislature.
2. Provide technical assistance to purchasers of health care.
3. Provide the department with information necessary to carry out the provisions of chapter 439A of NRS.
4. Provide other persons with information relating to the cost of health care.
Sec. 76. NRS 439A.106 is hereby amended to read as follows:
439A.106 1. The department shall prepare annually and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The listing must include information regarding each hospitals average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.
2. The department shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the department may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information disclosed to the agency by the department pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.
3. The director may delegate any of the powers or duties of the department pursuant to this section to the division of health care financing and policy of the department.
4. As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 77. Chapter 439B of NRS is hereby amended by adding thereto a new section to read as follows:
The director may delegate:
1. Any of his powers or duties pursuant to this chapter to the administrator of the division of health care financing and policy of the department.
2. Any of the departments powers or duties pursuant to this chapter to the division of health care financing and policy.
κ1997 Statutes of Nevada, Page 2633 (CHAPTER 550, SB 427)κ
Sec. 78. Section 21 of chapter 706, Statutes of Nevada 1991, as last amended by chapter 540, Statutes of Nevada 1995, at page 1856, is hereby amended to read as follows:
Sec. 21. 1. As used in this section:
(a) Charge master means the uniform list of billed charges described in NRS 439B.400, except that the term includes the uniform list of billed charges for units of service or goods provided on an outpatient basis.
(b) Department means the department of human resources.
(c) Director means the director of the department.
(d) Hospital has the meaning ascribed to it in NRS 439B.110.
(e) Major hospital means a hospital which has 200 or more licensed or approved beds, or any hospital in a group of affiliated hospitals in a county which have a combined total of 200 or more licensed or approved beds, that is not operated by a federal, state or local governmental agency.
(f) New major hospital means a hospital that becomes a major hospital, as defined in paragraph (e), on or after July 1, 1991.
(g) Revenue neutral means a change in price made by a hospital that neither increases nor decreases the gross revenue of the hospital.
2. On or before July 1, 1991, each major hospital shall submit to the department a complete charge master for the hospital that will be effective on July 1, 1991. The charge master must be submitted on a computer medium in a form acceptable to the director.
3. Except as otherwise provided in subsections 4 to [9,] 7, inclusive, during the period from July 1, 1991, through June 30, [1997,] 1999, no major hospital may:
(a) Raise the unit price of any item in its charge master.
(b) Modify the unit to which a price applies unless the change is revenue neutral.
(c) Add a new item to its charge master.
(d) Charge a patient for an item that is not on its charge master.
(e) Replace an existing item in the charge master with a different item [or add a new item to its charge master unless the price for the different or new item is approved by the director.
4. The director shall by regulation establish a procedure and standards for approving charges for items that:
(a) Are not stated in the charge master;
(b) Represent special equipment, supplies or medication ordered by a physician; and
(c) Are not standard items that the hospital regularly provides,
and for such other unique or unusual items as the director prescribes by regulation. The director shall allow a hospital to use the rate formula that the hospital has in effect on July 1, 1991, for determining charges for such items.
5. A major hospital shall notify the department in writing of any modification pursuant to paragraph (b) of subsection 3 or the replacement or addition of an item pursuant to paragraph (c) of subsection 3 not less than 10 days, excluding Saturdays, Sundays and legal holidays, after the modification, replacement or addition.
κ1997 Statutes of Nevada, Page 2634 (CHAPTER 550, SB 427)κ
legal holidays, after the modification, replacement or addition. The hospital shall submit with the notice documentation that:
(a) The modification is revenue neutral; or
(b) The different or additional] unless the different item is priced at a level that reflects the same rate of return on the item as the hospital [receives on comparable items or] received on an item being replaced.
[6. If the director determines that a modification pursuant to paragraph (b) of subsection 3 is not revenue neutral or that a replacement or addition pursuant to paragraph (c) of subsection 3 exceeds the level allowed pursuant to paragraph (b) of subsection 5, he shall disapprove the proposed charge and notify the hospital of the charge he will allow for the items disapproved. The hospital shall charge the amount approved by the director and shall credit the bill of any patient charged the amount disapproved the difference between the approved charge and the actual charge within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the disapproval. If the director does not give notice of disapproval pursuant to this subsection within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the modification, replacement or addition, the modification, replacement or addition shall be deemed approved.
7.] 4. A major hospital may add an item to its charge master or charge a patient for an item that is not on its charge master, including items that represent special equipment, supplies or medication ordered by a physician or an item that is not a standard item which the hospital regularly provides, if:
(a) The item is priced at a level that reflects the same rate of return on the item as the hospital receives on comparable items; or
(b) The hospital uses the rate formula that the hospital had in effect on January 1, 1997,
and the hospital provides the department with a list of all those items and charges. The director shall by regulation establish a procedure for a major hospital to provide such a list on a periodic basis, which must not be more often than quarterly.
5. The director shall, not later than October 1, 1997, adopt regulations establishing a procedure for a major hospital to modify the prices of the items on its charge master. The regulations must:
(a) Ensure that the net effect of such a modification of prices is revenue neutral.
(b) Specify a format for a request for such a modification.
(c) Specify a period for the director to act upon such a request.
(d) Provide that if the director does not give notice of his disapproval of a request for such a modification within the period specified pursuant to paragraph (c), the request shall be deemed approved.
6. If any new state or federal taxes are imposed on hospitals between July 1, 1991, and June 30, 1992, except the tax imposed on hospitals pursuant to section 13 of this act and the tax imposed pursuant to section 16 of this act, a major hospital may increase the prices in its charge master by an amount that will generate net revenue sufficient to recover the amount of the added expense.
κ1997 Statutes of Nevada, Page 2635 (CHAPTER 550, SB 427)κ
to section 16 of this act, a major hospital may increase the prices in its charge master by an amount that will generate net revenue sufficient to recover the amount of the added expense. Prices may be increased pursuant to this subsection only to compensate for new taxes. Prices must not be increased to correspond with increases in existing taxes, or a modification, reconfiguration or replacement of existing taxes which results in an increased tax burden on a hospital. The director shall by regulation establish the mechanism for carrying out the increase allowed by this subsection.
[8.] 7. At any time during the fiscal years 1992-93, 1993-94, 1994-95, 1995-96 , [and] 1996-97, 1997-98 and 1998-99, a major hospital may increase the price of any item on its charge master by a percentage up to the percentage increase, if any, in the Consumer Price Index (Medical Care Component for All Urban Consumers) as published by the Bureau of Labor Statistics of the United States Department of Labor for the most recent 12-month period for which information is available at the time the notice of the allowable increase is given pursuant to subsection [10. A hospital shall notify the director in writing within 10 days, excluding Saturdays, Sundays and legal holidays, after making an increase allowed by this subsection.] 8. In addition to the increases authorized by this subsection, a hospital may modify the unit to which a price applies, replace an existing item in the charge master with a different item or add a new item to its charge master during the fiscal years 1992-93, 1993-94, 1994-95, 1995-96 , [and] 1996-97 , 1997-98 and 1998-99 in [the manner provided in subsections 5 and 6.
9. In addition to the increase allowed pursuant to subsection 8, if the net revenue per admission in a major hospital has decreased by at least 4 percent between the base period of July 1, 1989, to June 30, 1990, and the period from July 1, 1992, to March 31, 1993, the major hospital may increase the price of any item on its charge master by not more than an additional 4 percent at any time during fiscal year 1993-94 and 1994-95. A hospital shall notify the director in writing within 10 working days after making an increase allowed by this subsection.
10.] accordance with subsections 3 and 4.
8. On or before May 1 of each fiscal year , the director shall notify each major hospital of the permissible percentage increase in each item in its charge master for the succeeding fiscal year.
[11.] 9. A major hospital shall submit to the department [upon request by the director] on July 1 of each year, and within 30 days after the date the hospital increases its charges pursuant to subsection 7, a detailed listing of charges by the identification code used in the hospitals charge master for any inpatient admission or outpatient visit on a computer medium in a form acceptable to the director.
[12.] 10. A new major hospital shall submit to the director a complete charge master for the hospital at least 60 days before becoming a major hospital. The charge master must be submitted on a computer medium in a form acceptable to the director. The director shall review, revise as appropriate [,] and approve the prices in the charge master based upon the prevailing charges in the area in which the new major hospital is located.
κ1997 Statutes of Nevada, Page 2636 (CHAPTER 550, SB 427)κ
charge master based upon the prevailing charges in the area in which the new major hospital is located. After approval of the charge master, the hospital is subject to the provisions of this section to the same extent as other major hospitals. The director shall adopt regulations governing the approval of a charge master pursuant to this subsection.
[13.] 11. A major hospital which considers its financial condition so weakened that the quality of care provided by the hospital is seriously jeopardized by any provision of this act, or considers that its financial condition is adversely affected by any other governmental action, may request approval to increase the prices in its charge master by submitting a written request for the increase and supporting documentation to the director. The director shall consider the potential impact on the quality of care provided by the hospital and the probability that failure to grant relief would cause financial instability. The director may approve the request, or revise and approve the request, if he determines that such approval is necessary to ensure the ability of the hospital to provide adequate care to its patients.
[14.] 12. A hospital that submits its charge master for approval pursuant to subsection [12] 10 or requests an increase in its prices pursuant to subsection [13] 11 shall pay the department a fee for its review of the charge master or the request. The director shall by regulation establish rates or fees for the departments review of the charge master or the request.
[15. A hospital shall not:
(a) Raise a unit price in its charge master unless authorized pursuant to this section;
(b) Charge a patient a higher price for any item than the price stated in the charge master or otherwise authorized pursuant to this section; or
(c) Except as authorized pursuant to subsection 4, charge a patient for any item not included in its charge master without seeking the approval of the director as required by subsections 5 and 6.
16.] 13. The director may compare a major hospitals actual charges with the charges authorized pursuant to this section to determine whether the hospitals charges are in compliance with the provisions of this section. If the director determines that a hospitals charges are not in compliance with this section, the hospital shall adjust any charges it imposes accordingly after it receives notice of that determination, but is not required to adjust any charges previously imposed. If the director determines that a hospital has engaged in a pattern of violations or committed an egregious violation of any provision of this section, he may impose an administrative penalty on the hospital of not more than:
(a) Two times the difference between the price charged in violation of this section and the allowable price, for each instance in which that item is billed; or
(b) One thousand dollars,
whichever is greater.
[17.] 14. The director may [adopt] :
κ1997 Statutes of Nevada, Page 2637 (CHAPTER 550, SB 427)κ
(a) Adopt such regulations as he considers necessary to carry out the provisions of this section.
(b) Delegate to the administrator of the division of health care financing and policy of the department the authority to carry out the provisions of this section.
Sec. 79. Section 22 of chapter 706, Statutes of Nevada 1991, at page 2341, is hereby amended to read as follows:
Sec. 22. 1. The costs of monitoring compliance with the provisions of section 21 of this act must be met by an annual assessment of the hospitals with 200 or more licensed or approved beds that are not operated by a local government.
2. On or before July 15 of each year, the director of the department of human resources shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.
3. The director shall estimate the total cost to the department of human resources, within the limits of legislative authorization, for carrying out the provisions of section 21 of this act in the current fiscal year. The total cost must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.
4. The assessment made pursuant to this section may be combined with the assessments made pursuant to sections 20, 23 and 24 of this act.
5. The director may delegate to the administrator of the division of health care financing and policy of the department of human resources the authority to carry out the provisions of this section.
Sec. 80. Section 1 of Assembly Bill No. 9 of this session is hereby amended to read as follows:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any 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. The report must be made to:
(a) The local office of the aging services division or the division of health care financing and policy of the department of human resources;
(b) Any police department or sheriffs office; [or]
(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 involves an act or omission of the aging services division, another division of the department of human resources 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.
κ1997 Statutes of Nevada, Page 2638 (CHAPTER 550, SB 427)κ
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:
(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.
(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 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 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 from a client who has been or may be accused of the abuse, neglect or exploitation.
(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 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 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 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.
κ1997 Statutes of Nevada, Page 2639 (CHAPTER 550, SB 427)κ
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, 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.
Sec. 80.1. Section 7 of Assembly Bill No. 242 of this session is hereby amended to read as follows:
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 aging services division or the division of health care financing and policy 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 aging services division, another division of the department of human resources 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.]
κ1997 Statutes of Nevada, Page 2640 (CHAPTER 550, SB 427)κ
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.
(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.
κ1997 Statutes of Nevada, Page 2641 (CHAPTER 550, SB 427)κ
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 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.
Sec. 80.2. Section 13 of Assembly Bill No. 242 of this session is hereby amended to read as follows:
Sec. 13. NRS 200.50984 is hereby amended to read as follows:
200.50984 1. Notwithstanding any other statute to the contrary, 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 department of human resources or the countys office for protective services shall obtain the consent of the older person before inspecting those records. If the department of human resources 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 department of human resources or the countys office for protective services shall obtain the consent of the guardian before inspecting those records. If the department of human resources 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.
Sec. 80.3. Section 14 of Assembly Bill No. 242 of this session is hereby amended to read as follows:
Sec. 14. NRS 200.50986 is hereby amended to read as follows:
200.50986 The department of human resources 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 department of human resources 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.
κ1997 Statutes of Nevada, Page 2642 (CHAPTER 550, SB 427)κ
Sec. 81. 1. NRS 422.005 is hereby repealed.
2. NRS 422.0453 is hereby repealed.
Sec. 82. 1. Any regulations adopted by an officer or agency whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations is transferred. Such regulations may be enforced by the officer or agency to which the responsibility for the enforcement of the regulation is transferred.
2. Any contracts or other agreements entered into by an officer or agency whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement is transferred. Such contracts or other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the contract or other agreement is transferred.
Sec. 83. The director of the department of human resources shall, on or before December 31, 1997, report to the legislative committee on health care and the interim finance committee his recommendations for the allocation of organizational responsibility within the department of human resources for the administration of programs to provide homemaking services and elder protection services, and for any budgetary adjustments necessary to carry out those recommendations.
Sec. 84. 1. The legislative committee on health care and the interim finance committee shall:
(a) Monitor the organizational development of the division of health care financing and policy of the department of human resources.
(b) Provide advice and guidance to the division regarding:
(1) Any organizational changes within the division;
(2) New initiatives to reduce the expenditure of money from the state general fund;
(3) The implementation of Medicaid managed care;
(4) The development and implementation of a study of the re-engineering of business processes relating to the administration of Medicaid; and
(5) Any other issues that may affect the policies of the division.
2. The division of health care financing and policy of the department of human resources shall not:
(a) Revise its Medicaid managed care program or the organizational structure of the division until the legislative committee on health care has approved the revision.
(b) Carry out a study of the re-engineering of business processes relating to the administration of Medicaid until the interim finance committee has approved the scope of the study.
Sec. 85. 1. The legislative committee on health care shall conduct a study to evaluate expanding access to health care in this state. The study must evaluate:
κ1997 Statutes of Nevada, Page 2643 (CHAPTER 550, SB 427)κ
(a) Expanding eligibility for Medicaid to other medically needy persons in this state, including, without limitation, medically needy children, women, persons with disabilities and working adults.
(b) Expanding services provided to recipients of Medicaid.
(c) The long-term and catastrophic health care needs of all persons in this state.
(d) Incentives that may be provided to employers to encourage them to provide health care insurance for their employees.
(e) The responsibility that corporations should accept over the provision of health care services to their employees.
(f) Establishing an independent office to advocate on behalf of consumers of health care.
(g) Identifying all potential sources of funding for the provision of health care services to all persons in this state, including, without limitation, private and public sources of funding.
(h) Establishing a mandatory Medicaid managed care program for all recipients of Medicaid, including, without limitation:
(1) Access to quality health care services;
(2) Coverage of health care services in at least the same amount, scope and duration as are provided to recipients of Medicaid as of July 1, 1997;
(3) Protections for recipients of Medicaid, including, without limitation, adequate procedures for filing complaints and appeals regarding the provision of health care services;
(4) Access to adequate outpatient services and other alternatives to care provided in a hospital;
(5) Contracts with providers of health care who provide services at no charge or for a fee for services based upon a sliding scale that is determined based on the income of a patient, who do not restrict access or services because of the financial limitations of a patient, and who:
(I) Historically have served medically needy or medically indigent patients and have demonstrated a commitment to serve such patients by dedicating a significant portion of their business to such patients; or
(II) Are the only providers of health care in their communities and to the best of their ability have served the medically indigent patients in their communities; and
(6) Agreements by providers of health care who contract to provide services to recipients of Medicaid to presume that certain persons are eligible for Medicaid, including, without limitation, certain pregnant women and persons with physical disabilities.
2. The legislative committee on health care shall establish the:
(a) Manner in which any necessary waivers must be obtained from the Federal Government;
(b) Manner of carrying out the purposes of the Medicaid managed care program;
(c) Procedures for protecting recipients of Medicaid from fraud;
(d) Method of enrolling persons in the Medicaid managed care program;
(e) Procedures for guaranteeing that recipients of Medicaid have adequate due process protections;
κ1997 Statutes of Nevada, Page 2644 (CHAPTER 550, SB 427)κ
(f) Manner for determining the scope of services provided by the Medicaid managed care program; and
(g) Manner of collecting data concerning the Medicaid managed care program.
3. The legislative committee on health care shall:
(a) Report its recommendations to the governor and the department of human resources on or before July 1, 1998; and
(b) Submit quarterly reports to the interim finance committee concerning the progress of its study and its recommendations for establishing a mandatory Medicaid managed care program.
Sec. 86. The department of human resources shall, with the consent of the interim finance committee:
1. Seek all necessary approvals and waivers from the Federal Government to accomplish the goals identified in the recommendations submitted by the legislative committee on health care pursuant to subsection 3 of section 85 of this act; and
2. Submit quarterly reports concerning its progress in obtaining such approvals and waivers to the legislative committee on health care.
Sec. 87. 1. There is hereby appropriated from the state general fund to the legislative committee on health care the sum of $200,000 for hiring a consultant to assist the committee in conducting its study and making recommendations pursuant to section 85 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after July 1, 1998, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 88. 1. Except as otherwise provided in subsection 2:
(a) The state plan for Medicaid must allocate $4,800,000 for the fiscal year 1997-1998 and $4,800,000 for the fiscal year 1998-1999 for distribution to the private hospitals, if any, that qualify for a payment pursuant to NRS 422.387.
(b) If a private hospital receives a payment pursuant to NRS 422.387, the county within which the hospital is located shall transfer $1,550,000 to the department of human resources for the fiscal year 1997-1998 and $1,550,000 for the fiscal year 1998-1999.
2. If federal law changes the amount payable pursuant to paragraph (a) of subsection 2 of NRS 422.387:
(a) The respective amounts required to be allocated and transferred pursuant to subsection 1 must be reduced proportionally in accordance with the limits of federal law.
(b) The administrator of the division of health care financing and policy of the department of human resources shall adopt a regulation specifying the amount of the reductions required by paragraph (a).
Sec. 89. 1. This section and sections 2 to 14.1, inclusive, 14.3 to 29, inclusive, 32 to 43, inclusive, 45, 47, 49 to 54, inclusive, 56, 57, 59, 63, 64, 67 to 71, inclusive, and 74 to 88, inclusive, of this act become effective on July 1, 1997.
2. Sections 1, 30, 30.5, 44, 46, 48, 54.5, 58, 60, 61, 62, 65, 66, 72 and 73 of this act become effective at 12:01 a.m. on July 1, 1997.
κ1997 Statutes of Nevada, Page 2645 (CHAPTER 550, SB 427)κ
3. Sections 31 and 55 of this act become effective at 12:02 a.m. on July 1, 1997.
4. Section 14.2 of this act becomes effective on July 1, 1998.
5. Sections 1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54, inclusive, 55 to 80.3, inclusive, and 84 of this act, and subsection 1 of section 81 of this act, expires by limitation on June 30, 1999.
________
Senate Bill No. 430Senators Washington, ODonnell, Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, OConnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer and Titus
CHAPTER 551
AN ACT relating to vehicles; revising the method for crediting a portion of the privilege taxes paid on a vehicle when the registration for that vehicle is transferred; requiring the department of motor vehicles and public safety to refund registration fees and privilege taxes under certain circumstances; revising the registration fees for certain vehicles; providing for the exemption of certain vehicles from controls on emissions from engines; 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 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the vehicle to which the registration is transferred over the total registration fee and privilege tax paid on all vehicles from which he is transferring his ownership or interest. Application for transfer of registration must be made in person, if practicable, to any office or agent of the department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete. In computing the privilege tax, the department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle [.] or on any other vehicle of which the person is the registered owner. If any person transfers his ownership or interest in two or more vehicles, the department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred [.]
κ1997 Statutes of Nevada, Page 2646 (CHAPTER 551, SB 430)κ
calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred [.] or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred [.] or on any other vehicle of which the person is the registered owner.
3. In computing the registration fee, the department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or privilege tax on that vehicle is less than the credit on the total registration fee or privilege tax paid on all vehicles from which a person transfers his ownership or interest, [no refund may be allowed.] the department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or privilege tax on that vehicle and the credit on the total registration fee or privilege tax paid on all vehicles from which a person transfers his ownership or interest.
4. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the department or registered dealer and an appropriate plate or plates must be issued by the department. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
5. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the department on or before the 60th day for cancellation of the registration.
6. If a person cancels his registration and surrenders to the department his license plates for a vehicle, the department shall issue to the person a refund of the portion of the registration fee and privilege tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.
Sec. 1.3. (Deleted by amendment.)
Sec. 1.7. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. [For] Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car [,] registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.
κ1997 Statutes of Nevada, Page 2647 (CHAPTER 551, SB 430)κ
(c) For each of the ninth or more such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
[3.] 5. For each transfer of registration , a fee of $6 in addition to any other fees.
[4.] 6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
[5.] 7. For every travel trailer, a fee for registration of $27.
[6.] 8. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 1.9. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $8.
κ1997 Statutes of Nevada, Page 2648 (CHAPTER 551, SB 430)κ
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
5. For each transfer of registration , a fee of $6 in addition to any other fees.
6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 2. NRS 485.317 is hereby amended to read as follows:
485.317 1. The department shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to NRS 485.313 to verify that each motor vehicle:
(a) Which is newly registered in this state; or
(b) For which a policy of liability insurance has been issued, amended or terminated,
is covered by a policy of liability insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.
2. The department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owners or operators policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department.
κ1997 Statutes of Nevada, Page 2649 (CHAPTER 551, SB 430)κ
department. This subsection does not prohibit an authorized agent of the owner from providing to the department:
(a) The information requested by the department pursuant to this subsection.
(b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.
3. When the department receives a completed form for verification it shall verify the information on the form.
4. The department shall suspend the registration and require the return to the department of the license plates of any vehicle for which:
(a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent within the period specified in that subsection;
(b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or
(c) Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If the department suspends a registration pursuant to subsection 4 because:
(a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:
(1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and
(2) Evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, justifiable cause may include, but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.
6. Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection [4] 6 of NRS 482.480.
κ1997 Statutes of Nevada, Page 2650 (CHAPTER 551, SB 430)κ
only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection [4] 6 of NRS 482.480.
7. If a registered owner proves to the satisfaction of the department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle , the department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection [4] 6 of NRS 482.480.
8. For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain liability insurance for a motor vehicle unless the vehicle is without coverage for a period of more than 7 days.
Sec. 3. NRS 486.377 is hereby amended to read as follows:
486.377 1. The board shall:
(a) Advise and assist the director and the administrator of the program in developing, establishing and maintaining the program;
(b) Regularly review the program and make recommendations to the director and the administrator of the program relating to the administration and content of the program; and
(c) Submit a report, not later than January 1 of each odd-numbered year, to the governor and the director of the legislative counsel bureau for presentation to the legislature.
2. The report must include:
(a) The number of courses offered in the program.
(b) The address of each location where a course was offered.
(c) The number of instructors licensed pursuant to NRS 486.375.
(d) The number of persons who have completed the program in the preceding 2 years and the number of persons who have completed the program since it was established.
(e) The amount of fees for motorcycle safety collected pursuant to subsection [2] 4 of NRS 482.480.
(f) A detailed accounting of the expenses of the program.
3. The director shall make copies of the report available for distribution to the public.
Sec. 4. NRS 445B.760 is hereby amended to read as follows:
445B.760 1. The state environmental commission may by regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible emissions of smoke from mobile internal combustion engines on the ground or in the air, including , but not limited to , aircraft, motor vehicles, snowmobiles and railroad locomotives. The regulations must:
(a) Provide for the exemption from such standards of restored vehicles for which special license plates have been issued pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816.
(b) Establish criteria for the condition and functioning of a restored vehicle to qualify for the exemption, and provide that the evaluation of the condition and functioning of such a vehicle may be conducted at an authorized inspection station or authorized station as defined in NRS 445B.710 and 445B.720, respectively.