[Rev. 2/11/2019 1:11:22 PM]
κ1999 Statutes of Nevada, Page 2723κ
Senate Bill No. 511Committee on Finance
CHAPTER 532
AN ACT relating to air pollution; revising the provisions relating to expenditures from the pollution control account for purposes relating to air quality; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station......................................................................................................... $25
(b) For each set of 25 forms certifying emission control compliance................ 125
(c) For each form issued to a fleet station................................................................... 5
2. Except as otherwise provided in subsections 4, 5 and 6, [all fees must be used by that department as needed to carry out the provisions of NRS 445B.700 to 445B.845, inclusive.] and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:
(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The state department of conservation and natural resources to carry out the provisions of this chapter.
(c) The division of agriculture of the department of business and industry to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
(e) The Nevada Tahoe regional planning agency to carry out the provisions of NRS 278.780 to 278.828, inclusive.
(f) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the attainment or maintenance of environmental thresholds in the Lake Tahoe Basin.
(g) Other agencies of this state to pay the costs incurred by those agencies to attain or maintain the environmental thresholds established by the Tahoe Regional Planning Agency pursuant to NRS 277.200.
κ1999 Statutes of Nevada, Page 2724 (CHAPTER 532, SB 511)κ
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including , without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The department of motor vehicles and public safety shall by regulation establish a program to award grants of [:
(a) Money] money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for carbon monoxide for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money [granted must not exceed that portion of the money in the pollution control account that equals 1/5] in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1 [.] ; and
(b) Excess money in the pollution control account . [to air pollution control agencies established pursuant to NRS 445B.205 or 445B.500.] As used in this paragraph, excess money means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year [.] , after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
Sec. 2. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station........................................................................................... $25
κ1999 Statutes of Nevada, Page 2725 (CHAPTER 532, SB 511)κ
(b) For each set of 25 forms certifying emission control compliance.. $125
(c) For each form issued to a fleet station....................................................... 5
2. Except as otherwise provided in subsections 4, 5 and 6, and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:
(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The state department of conservation and natural resources to carry out the provisions of this chapter.
(c) The division of agriculture of the department of business and industry to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
[(e) The Nevada Tahoe regional planning agency to carry out the provisions of NRS 278.780 to 278.828, inclusive.
(f) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the attainment or maintenance of environmental thresholds in the Lake Tahoe Basin.
(g) Other agencies of this state to pay the costs incurred by those agencies to attain or maintain the environmental thresholds established by the Tahoe Regional Planning Agency pursuant to NRS 277.200.]
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The department of motor vehicles and public safety shall by regulation establish a program to award grants of money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for carbon monoxide for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1; and
(b) Excess money in the pollution control account. As used in this paragraph, excess money means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year, after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
κ1999 Statutes of Nevada, Page 2726 (CHAPTER 532, SB 511)κ
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1999.
2. Section 2 of this act becomes effective on July 1, 2001.
3. Section 1 of this act expires by limitation on June 30, 2001.
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Senate Bill No. 507Committee on Finance
CHAPTER 533
AN ACT making a supplemental appropriation to the Agency for Nuclear Projects of the Office of the Governor for additional expenses relating to projected salaries, travel and operating costs; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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 Agency for Nuclear Projects of the Office of the Governor the sum of $4,063 for additional expenses relating to projected salaries, travel and operating costs. This appropriation is supplemental to that made by section 2 of chapter 244, Statutes of Nevada 1997, at page 853.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2727κ
Assembly Bill No. 272Committee on Transportation
CHAPTER 534
AN ACT relating to motor vehicles; revising the penalty for driving without the required insurance in effect; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another person unless:
(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or
(b) He has his own evidence of insurance which covers him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy [not later than 30 days after the fine is imposed,] by the time of sentencing, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.
κ1999 Statutes of Nevada, Page 2728 (CHAPTER 534, AB 272)κ
person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.
Sec. 2. The amendatory provisions of section 1 of this act do not apply to offenses that were committed before October 1, 1999.
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Senate Bill No. 478Committee on Government Affairs
CHAPTER 535
AN ACT relating to state government; authorizing the commission to appoint an executive director and commission counsel and providing their duties; clarifying the intent of the legislature with respect to the Nevada Ethics in Government Law; increasing the number of members of the commission; authorizing the chairman of the commission to issue subpoenas in certain circumstances; revising the provisions relating to requests for opinions by the commission and the manner in which determinations of just and sufficient cause to render such opinions are made; revising the provisions relating to the confidentiality of persons who request an opinion by or provide testimony to the commission; authorizing the commission to take testimony by telephone or video conference in certain circumstances; revising the civil penalties for willful violations of ethical provisions; revising the penalties for certain crimes; authorizing the commission and the secretary of state to waive certain civil penalties in certain circumstances; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Executive director means the executive director appointed by the commission pursuant to section 5 of this act.
Sec. 3. Panel means the panel appointed by the commission pursuant to section 8 of this act.
Sec. 3.5. Vexatious means lacking justification and intended to harass.
Sec. 4. Willful violation means the public officer or employee knew or reasonably should have known that his conduct violated this chapter.
Sec. 5. 1. The commission shall appoint, within the limits of legislative appropriation, an executive director who shall perform the duties set forth in this chapter and such other duties as may be prescribed by the commission.
2. The executive director must have experience in administration, law enforcement, investigations or law.
3. The executive director is in the unclassified service of the state.
κ1999 Statutes of Nevada, Page 2729 (CHAPTER 535, SB 478)κ
4. The executive director shall devote his entire time and attention to the business of the commission and shall not pursue any other business or occupation or hold any other office of profit that detracts from the full and timely performance of his duties.
5. The executive director may not:
(a) Be actively involved in the work of any political party or political campaign; or
(b) Communicate directly or indirectly with a member of the legislative branch on behalf of someone other than himself to influence legislative action, except in pursuit of the business of the commission.
Sec. 5.5. 1. The commission shall appoint, within the limits of legislative appropriation, a commission counsel who shall perform the duties set forth in this chapter and such other duties as may be prescribed by the commission.
2. The commission counsel must be an attorney who is licensed to practice law in this state.
3. The commission counsel is in the unclassified service of the state.
4. The commission counsel shall devote his entire time and attention to the business of the commission and shall not pursue any other business or occupation or hold any other office of profit that detracts from the full and timely performance of his duties.
5. The commission counsel may not:
(a) Be actively involved in the work of any political party or political campaign; or
(b) Communicate directly or indirectly with a member of the legislative branch on behalf of someone other than himself to influence legislative action, except in pursuit of the business of the commission.
Sec. 6. 1. In addition to any other duties imposed upon him, the executive director shall:
(a) Maintain complete and accurate records of all transactions and proceedings of the commission.
(b) Receive requests for opinions pursuant to NRS 281.511, 294A.345 or 294A.346.
(c) Gather information and conduct investigations regarding requests for opinions received by the commission and submit recommendations to the panel appointed pursuant to section 8 of this act regarding whether there is just and sufficient cause to render an opinion in response to a particular request.
(d) Recommend to the commission any regulations or legislation that he considers desirable or necessary to improve the operation of the commission and maintain high standards of ethical conduct in government.
(e) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the commission and previous opinions of the commission. In any such training, the executive director shall emphasize that he is not a member of the commission and that only the commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The commission shall charge a reasonable fee to cover the costs of training provided by the executive director pursuant to this subsection.
κ1999 Statutes of Nevada, Page 2730 (CHAPTER 535, SB 478)κ
shall charge a reasonable fee to cover the costs of training provided by the executive director pursuant to this subsection.
(f) Perform such other duties, not inconsistent with law, as may be required by the commission.
2. The executive director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of his duties relating to:
(a) The administration of the affairs of the commission;
(b) The review of statements of financial disclosure; and
(c) The investigation of matters under the jurisdiction of the commission.
Sec. 7. Every public officer shall acknowledge that he has received, read and understands the statutory ethical standards. The acknowledgment must be on a form prescribed by the commission and must accompany the first statement of financial disclosure that the public officer is required to file with the commission pursuant to NRS 281.561. Willful refusal to execute and file the acknowledgment required by this subsection constitutes nonfeasance in office and is a ground for removal pursuant to NRS 283.440.
Sec. 8. 1. The chairman shall appoint one or more panels of two members of the commission on a rotating basis to review the determinations of just and sufficient cause made by the executive director pursuant to NRS 281.511 and make a final determination regarding whether just and sufficient cause exists for the commission to render an opinion.
2. The chairman and vice chairman of the commission may not serve together on a panel.
3. The members of a panel may not be members of the same political party.
4. If a panel finds just and sufficient cause for the commission to render an opinion in a matter, the members of the panel shall not participate in any further proceedings of the commission relating to that matter.
Sec. 8.5. NRS 281.421 is hereby amended to read as follows:
281.421 1. It is hereby declared to be the public policy of this state that:
(a) A public office is a public trust and shall be held for the sole benefit of the people.
(b) A public officer or employee must commit himself to avoid conflicts between his private interests and those of the general public whom he serves.
2. The legislature finds that:
(a) The increasing complexity of state and local government, more and more closely related to private life and enterprise, enlarges the potentiality for conflict of interests.
(b) To enhance the peoples faith in the integrity and impartiality of public officers and employees, adequate guidelines are required to show the appropriate separation between the roles of persons who are both public servants and private citizens.
κ1999 Statutes of Nevada, Page 2731 (CHAPTER 535, SB 478)κ
(c) Members of the legislature serve as citizen legislators who have other occupations and business interests. Each legislator has particular philosophies and perspectives that are necessarily influenced by the life experiences of that legislator, including, without limitation, professional, family and business experiences. Our system assumes that legislators will contribute those philosophies and perspectives to the debate over issues with which the legislature is confronted. The law concerning ethics in government is not intended to require a member of the legislature to abstain on issues which might affect his interests, provided those interests are properly disclosed and that the benefit or detriment accruing to him is not greater than that accruing to any other member of the general business, profession, occupation or group.
Sec. 9. NRS 281.431 is hereby amended to read as follows:
281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4365, inclusive, and sections 2 to 4, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 10. NRS 281.455 is hereby amended to read as follows:
281.455 1. The commission on ethics, consisting of [six] eight members, is hereby created.
2. The legislative commission shall appoint to the commission [:
(a) One former legislator;
(b) One former public officer of a county; and
(c) One former public officer of a city.] four residents of the state, at least two of whom are former public officers, and at least one of whom must be an attorney licensed to practice law in this state.
3. The governor shall appoint to the commission [three] four residents of the state, [one] at least two of whom must be [, if available and willing to serve, a retired justice or judge of this state who was not removed or retired from that office for cause.] former public officers or public employees, and at least one of whom must be an attorney licensed to practice law in this state.
4. Not more than [three] four members of the commission may be members of the same political party. Not more than [three] four members may be residents of the same county.
5. None of the members of the commission may:
(a) Hold another public office;
(b) Be actively involved in the work of any political party or political campaign; or
(c) [Appear in person and communicate] Communicate directly with a member of the legislative branch on behalf of someone other than himself [,] or the commission, for compensation, to influence legislative action,
while he is serving on the commission.
6. After the initial terms, the [members shall serve] terms of the members are 4 years. Any vacancy in the membership must be filled by the appropriate appointing authority for the unexpired term. Each member may serve no more than two consecutive full terms.
κ1999 Statutes of Nevada, Page 2732 (CHAPTER 535, SB 478)κ
Sec. 11. NRS 281.461 is hereby amended to read as follows:
281.461 1. The commission shall:
(a) At its first meeting and annually thereafter elect a chairman and vice chairman from among its members.
(b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511, 294A.345 or 294A.346, and at other times upon the call of the chairman.
2. Members of the commission are entitled to receive a salary of not more than $80 per day, as fixed by the commission, while engaged in the business of the commission.
3. 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.
4. [The commission shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of its duties relating to:
(a) The administration of its affairs;
(b) The review of statements of financial disclosure; and
(c) The investigation of matters under its jurisdiction.
5.] The commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.
Sec. 12. NRS 281.465 is hereby amended to read as follows:
281.465 1. The commission has jurisdiction to investigate and take appropriate action regarding an alleged violation of:
(a) This chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:
(1) The filing of a request for an opinion with the commission; or
(2) [A determination of the] The commission on its own motion . [that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.]
(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.
2. The provisions of paragraph (a) of subsection 1 apply to a public officer or employee who:
(a) Currently holds public office or is publicly employed at the commencement of proceedings against him.
(b) Resigns or otherwise leaves his public office or employment:
(1) After the commencement of proceedings against him; or
(2) Within 1 year after the alleged violation or reasonable discovery of the alleged violation.
Sec. 13. NRS 281.471 is hereby amended to read as follows:
281.471 The commission shall:
1. Adopt procedural regulations [to] :
(a) To facilitate the receipt of inquiries by the commission;
(b) For the filing of a request for an opinion with the commission;
(c) For the withdrawal of a request for an opinion by the person who filed the request; and
(d) To facilitate the prompt rendition of [its opinions.] opinions by the commission.
κ1999 Statutes of Nevada, Page 2733 (CHAPTER 535, SB 478)κ
2. Prescribe, by regulation, forms and procedures for the submission of statements of financial disclosure [,] and statements of acknowledgment filed by public officers pursuant to section 7 of this act, maintain files of [the] such statements and make the statements available for public inspection.
3. [Make] Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.
4. Inform the attorney general or district attorney of all cases of noncompliance with the requirements [for disclosure.] of this chapter.
5. Recommend to the legislature such further legislation as the commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.
6. Publish a manual for the use of public officers and employees that contains:
(a) Hypothetical opinions which are abstracted from opinions rendered pursuant to subsection 1 of NRS 281.511, for the future guidance of all persons concerned with ethical standards in government;
(b) Abstracts of selected opinions rendered pursuant to subsection 2 of NRS 281.511; and
(c) An abstract of the requirements of this chapter.
The legislative counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the abstracts and published opinions of the commission.
Sec. 14. NRS 281.475 is hereby amended to read as follows:
281.475 1. The chairman and vice chairman of the commission may administer oaths.
2. The commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Upon the request of the executive director or the public officer or public employee who is the subject of a request for an opinion, the chairman or, in his absence, the vice chairman, may issue a subpoena to compel the attendance of a witness and the production of books and papers.
3. Before issuing [such a subpoena, the commission] a subpoena to a public officer or public employee who is the subject of a request for an opinion, the executive director shall submit a written request to the public officer or public employee [who is the subject of an inquiry or opinion of the commission, or to the person or group of persons requesting an opinion pursuant to NRS 294A.345 or 294A.346,] requesting:
(a) His appearance [, or the appearance of a representative of the group,] as a witness; or
(b) [The appearance as a witness of any other person who may have information relating to the inquiry or opinion; or
(c) The] His production of any books and papers [. Each such] relating to the request for an opinion.
4. Each written request submitted by the executive director pursuant to subsection 3 must specify the time and place for the attendance of [any witness] the public officer or public employee or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or [other witness] public employee fails or refuses to attend at the time and place specified or produce the books and papers requested by the [commission, the commission] executive director within 5 business days after receipt of the request, the chairman may issue the subpoena.
κ1999 Statutes of Nevada, Page 2734 (CHAPTER 535, SB 478)κ
or refuses to attend at the time and place specified or produce the books and papers requested by the [commission, the commission] executive director within 5 business days after receipt of the request, the chairman may issue the subpoena. Failure of the public officer or public employee to comply with the written request of the executive director constitutes good cause for extension of the time set forth in subsections 3 and 4 of NRS 281.511.
[3.] 5. If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the chairman of the commission may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the commission pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the commission.
[4.] 6. Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the commission. If the witness has been subpoenaed by the commission in response to a request for an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to appear before the court as expeditiously as possible to allow the commission to render its opinion within the time required by NRS 281.477. A certified copy of the order must be served upon the witness.
[5.] 7. If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order that the witness appear before the commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 14.2. NRS 281.477 is hereby amended to read as follows:
281.477 1. If a request for an opinion is filed with the commission pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.
2. Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and
(b) Decline to render an opinion.
κ1999 Statutes of Nevada, Page 2735 (CHAPTER 535, SB 478)κ
The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.
3. The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing no later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commissions hearing on the matter.
4. A person notified pursuant to subsection 3 shall submit a response to the commission no later than at the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and
(b) Prohibit that person from responding and presenting evidence at the hearing.
The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.
5. Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:
(a) Be represented by counsel; and
(b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.
6. At the request of:
(a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or
(b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,
the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.
7. The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence. In addition to the other requirements for issuing an opinion pursuant to this subsection, the commission shall not render a final opinion determining that a person has violated NRS 294A.345 or 294A.346 unless a finding that each of the elements of the offense has been proven receives the affirmative vote of two-thirds of the commission.
κ1999 Statutes of Nevada, Page 2736 (CHAPTER 535, SB 478)κ
the other requirements for issuing an opinion pursuant to this subsection, the commission shall not render a final opinion determining that a person has violated NRS 294A.345 or 294A.346 unless a finding that each of the elements of the offense has been proven receives the affirmative vote of two-thirds of the commission.
8. The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.
9. A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.
10. Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.
11. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
12. Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commissions deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.
Sec. 14.5. NRS 281.481 is hereby amended to read as follows:
281.481 A code of ethical standards is hereby established to govern the conduct of public officers and employees:
1. A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.
2. A public officer or employee shall not use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity in which he has a significant pecuniary interest, or any other person. As used in this subsection, unwarranted means without justification or adequate reason.
κ1999 Statutes of Nevada, Page 2737 (CHAPTER 535, SB 478)κ
3. A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a significant pecuniary interest.
4. A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.
5. If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he shall not use the information to further the pecuniary interests of himself or any other person or business entity.
6. A public officer or employee shall not suppress any governmental report or other document because it might tend to affect unfavorably his pecuniary interests.
7. A public officer or employee, other than a member of the legislature, shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest. This subsection does not prohibit:
(a) A limited use of governmental property, equipment or other facility for personal purposes if:
(1) The public officer who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;
(2) The use does not interfere with the performance of his public duties;
(3) The cost or value related to the use is nominal; and
(4) The use does not create the appearance of impropriety;
(b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or
(c) The use of telephones or other means of communication if there is not a special charge for that use.
If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.
8. A member of the legislature shall not:
(a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person. This paragraph does not prohibit:
(1) A limited use of state property and resources for personal purposes if:
(I) The use does not interfere with the performance of his public duties;
(II) The cost or value related to the use is nominal; and
(III) The use does not create the appearance of impropriety;
(2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or
κ1999 Statutes of Nevada, Page 2738 (CHAPTER 535, SB 478)κ
(3) The use of telephones or other means of communication if there is not a special charge for that use.
(b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:
(1) In unusual and infrequent situations where the employees service is reasonably necessary to permit the legislator or legislative employee to perform his official duties; or
(2) Where such service has otherwise been established as legislative policy.
9. A public officer or employee shall not attempt to benefit his personal or financial interest through the influence of a subordinate.
10. A public officer or employee shall not seek other employment or contracts through the use of his official position.
Sec. 15. NRS 281.501 is hereby amended to read as follows:
281.501 1. Except as otherwise provided in subsection 2 or 3, a [member of the legislative branch] public officer may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.
2. In addition to the requirements of the code of ethical standards, a [member of the legislative branch] public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His pecuniary interest; or
(c) His commitment in a private capacity to the interests of others.
It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed in a private capacity is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 3 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the interests of others.
3. A public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:
(a) Regarding which he has accepted a gift or loan;
(b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or
(c) In which he has a pecuniary interest,
without disclosing [the full nature and extent of] sufficient information concerning the gift, loan, commitment or interest [.] to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the person to whom he has a commitment, or upon his interest. Except as otherwise provided in subsection 6, such a disclosure must be made at the time the matter is considered.
κ1999 Statutes of Nevada, Page 2739 (CHAPTER 535, SB 478)κ
disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected. This subsection does not require a public officer to disclose any campaign contributions that the public officer reported pursuant to NRS 294A.120 or 294A.125 in a timely manner.
4. If a [member of the legislative branch] public officer declares to the [legislative] body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.
5. If a [member of the legislative branch] public officer is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.
6. After a member of the [legislative branch] legislature makes a disclosure pursuant to subsection 3, he may file with the director of the legislative counsel bureau a written statement of his disclosure. The written statement must designate the matter to which the disclosure applies. After a legislator files a written statement pursuant to this subsection, he is not required to disclose orally his interest when the matter is further considered by the legislature or any committee thereof. A written statement of disclosure is a public record and must be made available for inspection by the public during the regular office hours of the legislative counsel bureau.
7. The provisions of this section do not, under any circumstances:
(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or
(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.
8. As used in this section, commitment in a private capacity to the interests of others means a commitment to a person:
(a) Who is a member of his household;
(b) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;
(c) Who employs him or a member of his household;
(d) With whom he has a substantial and continuing business relationship; or
(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.
Sec. 16. NRS 281.511 is hereby amended to read as follows:
281.511 1. The commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances upon request from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee. He may also request the commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of his own present or future conduct, the opinion of the commission is:
κ1999 Statutes of Nevada, Page 2740 (CHAPTER 535, SB 478)κ
requested opinion relates to the propriety of his own present or future conduct, the opinion of the commission is:
(a) Binding upon the requester as to his future conduct; and
(b) Final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.
2. The commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:
(a) Upon request from a specialized or local ethics committee.
(b) [Upon] Except as otherwise provided in this subsection, upon request from a person, if the requester:
(1) Submits all related evidence deemed necessary by the [commission for it] executive director and the panel to make a [preliminary] determination of whether there is just and sufficient cause to render an opinion in the matter; and
(2) Signs a statement on a form prescribed by the commission in which he affirms that:
(I) The accusation or information contained in the request is true;
(II) He did not submit the request in bad faith or with a vexatious purpose; and
(III) He understands that the commission may impose penalties upon him pursuant to NRS 281.551 if the commission determines that the accusation or information is false and was submitted in bad faith [,] or with a vexatious purpose . [or in connection with a request for an opinion that the commission determines to be without merit.]
(c) Upon the commissions own motion regarding the propriety of conduct by a public officer or employee . [, if the commission first determines in an adopted motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee.] The commission shall not initiate proceedings pursuant to this paragraph based solely upon an anonymous complaint. [Proceedings that the commission initiates pursuant to this paragraph must remain confidential unless the commission determines that there is just and sufficient cause to render an opinion.]
The commission shall not [determine that there is just and sufficient cause to render an opinion without extending the public officer or employee an opportunity to appear before the commission and present evidence and argument.
3. The commission shall] render an opinion interpreting the statutory ethical standards or apply those standards to a given set of facts and circumstances if the request is submitted by a person who is incarcerated in a correctional facility in this state.
3. Upon receipt of a request for an opinion by the commission or upon the motion of the commission pursuant to subsection 2, the executive director shall investigate the facts and circumstances relating to the request to determine whether there is just and sufficient cause for the commission to render an opinion in the matter. The public officer or employee that is the subject of the request may submit to the executive director any information relevant to the request.
κ1999 Statutes of Nevada, Page 2741 (CHAPTER 535, SB 478)κ
information relevant to the request. The executive director shall complete an investigation and present his recommendation relating to just and sufficient cause to the panel within 15 days after the receipt of or the motion of the commission for the request, unless the panel extends the time for a period not to exceed 30 days upon the request of the executive director for good cause shown or the request of the public officer or employee. If the executive director determines after an investigation that just and sufficient cause exists for the commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific evidence that supports his recommendation. If, after an investigation, the executive director does not determine that just and sufficient cause exists for the commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific reasons for his recommendation. Within 15 days after the executive director has provided his recommendation in the matter to the panel, the panel shall make a final determination regarding whether just and sufficient cause exists for the commission to render an opinion in the matter, unless the commission extends the time for a period not to exceed 30 days upon the request of the panel for good cause shown or the request of the public officer or employee. The panel shall not determine that there is just and sufficient cause for the commission to render an opinion unless the panel has provided the public officer or employee an opportunity to respond to the allegations against him. The panel shall cause a record of its proceedings in each matter to be kept and such a record must remain confidential until the panel determines whether there is just and sufficient cause for the commission to render an opinion in the matter.
4. If the panel determines that just and sufficient cause exists for the commission to render an opinion requested pursuant to this section [as expeditiously as possible in light of the circumstances of the public officer or employee about whom the opinion is requested, so as to minimize adverse consequences to him that may result from a delay in issuing the opinion.
4.] , the commission shall hold a hearing and render an opinion in the matter within 30 days after the determination of just and sufficient cause by the panel, unless the commission extends the time for a period not to exceed 30 days for good cause shown or upon the request of the public officer or employee.
5. Each request for an opinion that a public officer or employee submits to the commission pursuant to subsection 1, each opinion rendered by the commission in response to such a request and any motion, [preliminary] determination, evidence or record of a hearing relating to such a request are confidential unless the public officer or employee who requested the opinion:
(a) Acts in contravention of the opinion, in which case the commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;
(b) Discloses the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto; or
κ1999 Statutes of Nevada, Page 2742 (CHAPTER 535, SB 478)κ
(c) Requests the commission to disclose the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto.
[5.] 6. Except as otherwise provided in this subsection, each document in the possession of the commission or its staff that is related to a request for an opinion regarding a public officer or employee submitted to or initiated by the commission pursuant to [paragraph (b) of] subsection 2, including , without limitation, the commissions copy of the request and all materials and information gathered in an investigation of the request, is confidential until the [commission] panel determines whether there is just and sufficient cause to render an opinion in the matter. The public officer or employee who is the subject of a request for an opinion submitted or initiated pursuant to [paragraph (b) of] subsection 2 may in writing authorize the commission to make its files, material and information which are related to the request publicly available.
[6.] 7. Except as otherwise provided in paragraphs (a) and (b), the proceedings of a panel are confidential until the panel determines whether there is just and sufficient cause to render an opinion. A person who:
(a) Requests an opinion from the commission pursuant to paragraph (b) of subsection 2 may:
(1) At any time, reveal to a third party the alleged conduct of a public officer or employee underlying the request that he filed with the commission or the substance of testimony, if any, that he gave before the commission.
(2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he requested an opinion from the commission.
(b) Gives testimony before the commission may:
(1) At any time, reveal to a third party the substance of testimony that he gave before the commission.
(2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he gave testimony before the commission.
8. Whenever the commission holds a hearing [for a purpose other than to determine whether there is just and sufficient cause to render an opinion in a matter,] pursuant to this section, the commission shall:
(a) Notify the person about whom the opinion was requested of the place and time of the commissions hearing on the matter;
(b) Allow the person to be represented by counsel; and
(c) Allow the person to hear the evidence presented to the commission and to respond and present evidence on his own behalf.
The commissions hearing may be held no sooner than [2 weeks] 10 days after the notice is given unless the person agrees to a shorter time.
[7.] 9. If a person who is not a party to a hearing before the commission, including, without limitation, a person who has requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a question of a witness at the hearing, the person must submit the question to the executive director in writing. The executive director may submit the question to the commission if he deems the question relevant and appropriate.
κ1999 Statutes of Nevada, Page 2743 (CHAPTER 535, SB 478)κ
appropriate. This subsection does not require the commission to ask any question submitted by a person who is not a party to the proceeding.
10. If a person who requests an opinion pursuant to subsection 1 or 2 does not:
(a) Submit all necessary information to the commission; and
(b) Declare by oath or affirmation that he will testify truthfully,
the commission may decline to render an opinion.
[8.] 11. For good cause shown, the commission may take testimony from a person by telephone or video conference.
12. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking an action related to the rendering of an opinion pursuant to this section.
[9. The commission shall publish hypothetical opinions which are abstracted from the opinions rendered pursuant to subsection 1, for the future guidance of all persons concerned with ethical standards in government.
10.] 13. A meeting or hearing that the commission or the panel holds to receive information or evidence concerning the propriety of the conduct of a public officer or employee pursuant to this section and the [commissions] deliberations of the commission and the panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.
Sec. 17. NRS 281.531 is hereby amended to read as follows:
281.531 1. The [attorney general] commission counsel is the legal adviser to the commission. For each opinion [he] of the commission, the commission counsel shall prepare , at the direction of the commission , the appropriate findings of fact and conclusions as to relevant standards and the propriety of particular conduct [.] within the time set forth in subsection 4 of NRS 281.511. The commission counsel shall not issue written opinions concerning the applicability of the statutory ethical standards to a given set of facts and circumstances except as directed by the commission.
2. The commission may rely upon the legal advice of the commission counsel in conducting its daily operations.
3. If the commission counsel is prohibited from acting on a particular matter pursuant to NRS 281.501, he shall disclose the reasons therefor to the chairman and the attorney general shall appoint a deputy to act in the place of the commission counsel for that particular matter.
Sec. 18. NRS 281.551 is hereby amended to read as follows:
281.551 1. In addition to any other penalty provided by law, the commission may impose on a public officer or employee or former public officer or employee civil penalties [not to exceed] :
(a) Not to exceed $5,000 for a first willful violation of this chapter [.] ;
(b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and
(c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of this chapter.
2. In addition to other penalties provided by law, the commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorneys fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who:
κ1999 Statutes of Nevada, Page 2744 (CHAPTER 535, SB 478)κ
person about whom an opinion was requested pursuant to NRS 281.511, against a person who:
(a) Submits to the commission, in bad faith or with a vexatious purpose, an accusation or information that is false; or
(b) [Submits to the commission, in connection with a request for an opinion that the commission determines to be without merit, an accusation or information that is false; or
(c)] Prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.
3. If the commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.
4. [Except as otherwise provided in this subsection, and in] In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the commission, the commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed [$10,000. If the commission finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000.] $5,000.
5. If the commission finds that [a] :
(a) A willful violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.
(b) A willful violation of this chapter has been committed by a public officer removable from office pursuant to NRS 283.440, the commission may file a proceeding in the appropriate court for removal of the officer.
(c) Three or more willful violations have been committed by a public officer removable from office pursuant to NRS 283.440, the commission shall file a proceeding in the appropriate court for removal of the officer.
6. An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee:
(a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee [;] or upon the manual published by the commission pursuant to NRS 281.471;
(b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and
(c) Took action that was not contrary to a prior published opinion issued by the commission . [to the public officer or employee.]
κ1999 Statutes of Nevada, Page 2745 (CHAPTER 535, SB 478)κ
7. In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.
8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the commission shall refer the matter to the attorney general or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.
9. The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.
10. In determining for the purposes of this section whether a person submitted an accusation or information in bad faith or with a vexatious purpose, the commission may consider various factors, including, without limitation:
(a) When the accusation or information was filed with or provided to the commission;
(b) Whether and, if applicable, in what manner the person who submitted the accusation or information publicly disseminated the accusation or information before the commission determined whether there was just and sufficient cause to render an opinion in the matter;
(c) Whether the accusation or information sets forth alleged facts or details that are misleading or deceptive; and
(d) Whether the accusation or information or the conduct of the person who submitted the accusation or information:
(1) Would be perceived as annoying or harassing by a reasonable person; or
(2) Demonstrates conscious disregard for the process and procedures established by the commission.
11. A finding by the commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.
Sec. 19. NRS 281.553 is hereby amended to read as follows:
281.553 1. A public officer or public employee shall not accept or receive an honorarium.
2. An honorarium paid on behalf of a public officer or public employee to a charitable organization from which the officer or employee does not derive any financial benefit is deemed not to be accepted or received by the officer or employee for the purposes of this section.
3. This section does not prohibit:
κ1999 Statutes of Nevada, Page 2746 (CHAPTER 535, SB 478)κ
(a) The receipt of payment for work performed outside the normal course of a persons public office or employment if the performance of that work is consistent with the applicable policies of his public employer regarding supplemental employment.
(b) The receipt of an honorarium by the spouse of a public officer or public employee if it is related to the spouses profession or occupation.
4. As used in this section, honorarium means the payment of money or anything of value for an appearance or speech by the public officer or public employee in his capacity as a public officer or public employee. The term does not include the payment of:
(a) The actual and necessary costs incurred by the public officer or public employee, his spouse or his aid for transportation and for lodging and meals while the public officer or public employee is away from his residence.
(b) Compensation which would otherwise have been earned by the public officer or public employee in the normal course of his public office or employment.
(c) A fee for a speech related to the officers or employees profession or occupation outside of his public office or employment if:
(1) Other members of the profession or occupation are ordinarily compensated for such a speech; and
(2) The fee paid to the public officer or public employee is approximately the same as the fee that would be paid to a member of the private sector whose qualifications are similar to those of the officer or employee for a comparable speech.
(d) A fee for a speech delivered to an organization of legislatures, legislators or other elected officers.
5. A public officer or public employee who violates the provisions of this section is guilty of a gross misdemeanor and, upon conviction, forfeits the amount of the honorarium.
Sec. 19.5. NRS 281.581 is hereby amended to read as follows:
281.581 1. A candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorneys fees. The amount of the civil penalty is:
(a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.
(b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.
(c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.
2. The commission may, for good cause shown, waive or reduce the civil penalty.
3. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
4. If the commission waives a civil penalty pursuant to subsection 2, the commission shall:
κ1999 Statutes of Nevada, Page 2747 (CHAPTER 535, SB 478)κ
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
Sec. 20. NRS 197.110 is hereby amended to read as follows:
197.110 Every public officer who:
1. Asks or receives, directly or indirectly, any compensation, gratuity or reward, or promise thereof, for omitting or deferring the performance of any official duty [;] or for any official service which has not been actually rendered, except in case of charges for prospective costs or fees demandable in advance in a case allowed by law; or
2. Employs or uses any person, money or property under his official control or direction, or in his official custody, for the private benefit or gain of himself or another,
[shall be] is guilty of a [gross misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.
Sec. 21. NRS 197.170 is hereby amended to read as follows:
197.170 A public officer or employee who [asks,] :
1. Asks, receives or agrees to receive a fee or other compensation for his official service [,] or his employment either:
[1.] (a) In excess of the fee or compensation allowed to him by statute therefor; or
[2.] (b) Where a fee or compensation is not allowed to him by statute therefor [,] ; or
2. Requests money, property or anything of value which is not authorized by law, from any person regulated by the public officer or employee, and in a manner which would cause a reasonable person to be intimidated into complying with the request to avoid the risk of adverse action by the public officer or employee,
commits extortion which is a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
Sec. 22. NRS 294A.345 is hereby amended to read as follows:
294A.345 1. A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:
(a) The education or training of the candidate.
(b) The profession or occupation of the candidate.
(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.
(d) Whether the candidate has received treatment for a mental illness.
(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.
(f) Whether another person endorses or opposes the candidate.
(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.
κ1999 Statutes of Nevada, Page 2748 (CHAPTER 535, SB 478)κ
2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.
3. Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. Such a request must be filed with the commission not later than 10 days after the date on which the false statement of fact is alleged to have been made. The commission shall give priority to such a request over all other matters pending with the commission.
4. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
5. As used in this section:
(a) Actual malice means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.
(b) Publish means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.
Sec. 23. NRS 294A.346 is hereby amended to read as follows:
294A.346 1. An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
κ1999 Statutes of Nevada, Page 2749 (CHAPTER 535, SB 478)κ
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
5. Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and 281.477. Such a request must be filed with the commission not later than 10 days after the date of the election with respect to which the alleged violation occurred. The commission shall give priority to such a request over all matters pending with the commission.
6. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
Sec. 24. NRS 294A.420 is hereby amended to read as follows:
294A.420 1. If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.
2. Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorneys fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited with the state treasurer for credit to the state general fund.
3. If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
4. For good cause shown, the secretary of state may waive a civil penalty that would otherwise be imposed pursuant to this section. If the secretary of state waives a civil penalty pursuant to this subsection, the secretary of state shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
κ1999 Statutes of Nevada, Page 2750 (CHAPTER 535, SB 478)κ
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
Sec. 25. The amendatory provisions of this act do not apply to conduct that occurred before October 1, 1999 or to the jurisdiction, duties, powers or proceedings of the commission on ethics relating to such conduct.
Sec. 26. 1. Section 19.5 of this act becomes effective at 12:01 a.m. on October 1, 1999.
2. Section 5.5 of this act expires by limitation on June 30, 2001.
________
Senate Bill No. 496Committee on Finance
CHAPTER 536
AN ACT relating to education; creating the millennium scholarship trust fund; providing for the award of millennium scholarships by the board of regents of the University of Nevada; prescribing the conditions of eligibility for students to receive millennium scholarships; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. The legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:
(a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and
(b) To assist Nevada residents in obtaining and maintaining good health.
2. To further these priorities, the legislature hereby declares that it is in the best interest of the residents of the State of Nevada that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:
(a) Increasing the number of residents of the State of Nevada who enroll in and attend a university or community college of the University and Community College System of Nevada;
(b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;
(c) Expanding the availability of health insurance and health care for children and adults in this state, especially for children and for adults with disabilities;
κ1999 Statutes of Nevada, Page 2751 (CHAPTER 536, SB 496)κ
(d) Assisting senior citizens who have modest incomes in purchasing prescription drugs and assisting those senior citizens in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and
(e) Promoting the general health of all residents of the State of Nevada.
Sec. 3. As used in sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 4. Millennium scholarship means a scholarship that is awarded from the trust fund to a student.
Sec. 5. Trust fund means the millennium scholarship trust fund created pursuant to section 6 of this act.
Sec. 6. 1. The millennium scholarship trust fund is hereby created in the state treasury. The state treasurer may accept gifts, grants, bequests and donations for deposit in the trust fund.
2. The state treasurer shall deposit in the trust fund:
(a) Forty percent of all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products;
(b) Forty percent of all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products; and
(c) Any gifts, grants, bequests or donations specifically designated for the trust fund by the donor.
3. The state treasurer shall administer the trust fund. As administrator of the trust fund, the state treasurer:
(a) Shall maintain the financial records of the trust fund;
(b) Shall invest the money in the trust fund as the money in other state funds is invested;
(c) Shall manage any account associated with the trust fund;
(d) Shall maintain any instruments that evidence investments made with the money in the trust fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the trust fund.
4. All interest and income earned on the money in the trust fund must, after deducting any applicable charges, be credited to the trust fund. All claims against the trust fund must be paid as other claims against the state are paid.
5. Not more than 2 percent of the amount of money in the trust fund may be used to pay the costs of administering the trust fund.
6. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
7. Money in the trust fund may be used only for the purposes set forth in sections 3 to 8, inclusive, of this act.
Sec. 7. 1. Except as otherwise provided in subsections 2 and 3, a student may apply to the board of regents for a millennium scholarship if he:
(a) Has been a resident of this state for at least 2 years before he applies for the scholarship;
κ1999 Statutes of Nevada, Page 2752 (CHAPTER 536, SB 496)κ
(b) Graduated from a public or private high school in this state:
(1) After May 1, 2000; and
(2) Not more than 8 years before he applies for the scholarship;
(c) Maintained at least a 3.0 grade-point average on a 4.0 grading scale in high school in the core curriculum, as determined by the board of regents pursuant to subsection 2; and
(d) Is enrolled in at least 12 semester credit hours in a university or at least 6 semester credit hours in a community college.
2. The board of regents shall:
(a) Define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.
(b) Develop a plan to ensure that needy students and students from families that otherwise could not afford to send their children to college receive millenium scholarships.
3. For students who did not graduate from a public or private high school in this state and who have been residents of this state for at least 2 years, the board of regents shall establish:
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
to be eligible for millennium scholarships.
4. In awarding scholarships, the board of regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to a university or community college; or
(c) Substantially participated in an anti-smoking, anti-drug or anti-alcohol program during high school.
Sec. 8. 1. Within the limits of money available in the trust fund, a student who is eligible for a millennium scholarship is entitled to receive:
(a) If he is enrolled in a community college, $40 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less.
(b) If he is enrolled in a university, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.
No student may be awarded a scholarship for a total amount in excess of $10,000.
2. A student who receives a millennium scholarship shall:
(a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the board of regents pursuant to subsection 6; and
(b) Maintain at least a 2.0 grade-point average on a 4.0 grading scale.
3. A millennium scholarship must be used only:
(a) For the payment of registration fees and laboratory fees and expenses;
κ1999 Statutes of Nevada, Page 2753 (CHAPTER 536, SB 496)κ
(b) To purchase required textbooks and course materials; and
(c) For other costs related to the attendance of the student at the university or community college.
4. Except as otherwise provided in this subsection, if a student drops out of school or fails to maintain at least a 2.0 grade-point average in any semester, the student shall repay the millennium scholarship before the student is eligible to receive an additional millennium scholarship or otherwise receive money pursuant to sections 3 to 8, inclusive, of this act. The board of regents shall establish criteria for a waiver from the repayment required by this subsection, including, without limitation, service in the military and conditions of hardship such as medical necessity.
5. The board of regents shall certify a list of eligible students to the state treasurer. The state treasurer shall disburse a millennium scholarship for each semester on behalf of an eligible student directly to the community college or university in which the student is enrolled, upon certification from the community college or university of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the board of regents pursuant to subsection 6. The scholarship must be administered by the community college or university as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 3.
6. The board of regents shall establish criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 5.
Sec. 9. The board of regents shall develop a plan to direct a significant portion of other available financial aid to culturally disadvantaged or at-risk students, and students who graduated from high school before May 1, 2000, who wish to attend college and have the potential to be successful, but who do not otherwise meet the eligibility requirements for millennium scholarships.
Sec. 10. On or before February 1, 2003, the board of regents of the University of Nevada shall submit a report to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada legislature that includes:
1. An examination of the projected enrollment of students in the University and Community College System of Nevada who will be eligible for millennium scholarships;
2. An actuarial study to determine the approximate costs of continuing the millennium scholarship program; and
3. A report setting forth any enhanced outreach efforts carried out pursuant to subsection 4 of section 7 of this act.
________
κ1999 Statutes of Nevada, Page 2754κ
Senate Bill No. 370Committee on Human Resources and Facilities
CHAPTER 537
AN ACT relating to health care; providing that senior citizens are eligible for Medicaid upon purchasing and receiving benefits from certain policies of insurance for long-term care; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director shall include in the state plan for Medicaid a requirement that any senior citizen who purchases and receives benefits for at least 3 years pursuant to a policy of health insurance for long-term care that is approved by the director and whose annual household income is less than $200,000 is eligible for Medicaid for long-term care.
2. As used in this section:
(a) Household income has the meaning ascribed to it in NRS 361.820.
(b) Senior citizen means a person who is domiciled in this state and is 55 years of age or older.
Sec. 2. NRS 422.272 is hereby amended to read as follows:
422.272 1. [The] Except as otherwise provided in section 1 of this act, the director shall include in the state plan for Medicaid a requirement that the state shall pay the nonfederal share of expenditures for the medical, administrative and [transaction] transactional costs , to the extent not covered by private insurance, of a person:
(a) Who is admitted to a hospital, facility for intermediate care or facility for skilled nursing for not less than 30 consecutive days;
(b) Who is covered by the state plan for Medicaid; and
(c) Whose net countable income per month is not more than $775 or 156 percent of the supplemental security income benefit rate established pursuant to 42 U.S.C. § 1382(b)(1), whichever is greater.
2. As used in this section:
(a) Facility for intermediate care has the meaning ascribed to it in NRS 449.0038.
(b) Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039.
(c) Hospital has the meaning ascribed to it in NRS 449.012.
Sec. 3. Section 89 of chapter 550, Statutes of Nevada 1997, at page 2644, as last amended by section 74 of Senate Bill No. 453 of this session is hereby amended to read as follows:
Sec. 89. 1. This section and sections 2 to [14.1,] 13, inclusive, 14.1, 14.3 to 29, inclusive, 32 [to 43, inclusive,] 34, 35, 37, 38, 39, 41, 42, 43, 45, 47, [49] 51 to 54, inclusive, 56, 57, 59, 63, [64, 67 to 71, inclusive, and] 67, 68, 70, 71, 74 to 80.4, inclusive, 80.7 and 81 to 88, inclusive, of this act become effective on July 1, 1997.
κ1999 Statutes of Nevada, Page 2755 (CHAPTER 537, SB 370)κ
71, inclusive, and] 67, 68, 70, 71, 74 to 80.4, inclusive, 80.7 and 81 to 88, inclusive, of this act become effective on July 1, 1997.
2. Sections 1, [30, 30.5,] 14, 33, 36, 40, 44, 46, [48, 54.5,] 49, 50, 58, 60, [61,] 62, 64, 65, 66, 69, [72 and] 73 , 80.5 and 80.6 of this act become effective at 12:01 a.m. on July 1, 1997.
3. Sections [31 and 55] 30, 30.5, 48, 54.5, 61 and 72 of this act become effective at 12:02 a.m. on July 1, 1997.
4. Sections 31 and 55 of this act become effective at 12:03 a.m. on July 1, 1997.
5. Section 14.2 of this act becomes effective on July 1, 1998.
[5.] 6. Sections 1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54, inclusive, 55 to 80.3, inclusive, 80.5, 80.7 and 84 of this act, and subsection 1 of section 81 of this act, expires by limitation on June 30, 1999.
Sec. 4. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 474Assemblymen Evans, Perkins, Dini, Arberry, Marvel, Giunchigliani, Hettrick, Beers, Goldwater, Cegavske, Chowning, Parks, de Braga, Price, Leslie, Segerblom, Thomas, Gibbons, Ohrenschall, Von Tobel, Manendo, Buckley, Bache, Parnell, Williams, Anderson, Freeman, Koivisto, McClain, Angle, Gustavson, Claborn, Mortenson, Humke, Lee, Carpenter, Collins, Berman, Tiffany, Neighbors, Brower and Nolan
Joint Sponsors: Senators Amodei, Carlton, Jacobsen, James, Mathews, McGinness, Neal, OConnell, ODonnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener
CHAPTER 538
AN ACT relating to state financial administration; creating the fund for a healthy Nevada; creating the task force for the fund for a healthy Nevada; providing for subsidies to be granted to senior citizens for pharmaceutical services; creating the trust fund for public health; creating the board of trustees of the trust fund for public health; providing for the allocation and use of certain proceeds from settlement agreements and civil litigation between the State of Nevada and tobacco companies; making appropriations; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. 1. The legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:
(a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and
κ1999 Statutes of Nevada, Page 2756 (CHAPTER 538, AB 474)κ
(b) To assist Nevada residents in obtaining and maintaining good health.
2. To further these priorities, the legislature hereby declares that it is in the best interest of the residents of this state that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:
(a) Increasing the number of Nevada residents who enroll in and attend a university or community college of the University and Community College System of Nevada;
(b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;
(c) Expanding the availability of health insurance and health care for children and adults in this state, especially for children and for adults with disabilities;
(d) Assisting senior citizens who have modest incomes in purchasing prescription drugs and assisting those senior citizens in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and
(e) Promoting the general health of all residents of the State of Nevada.
Sec. 3. 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:
(a) Shall maintain the financial records of the fund;
(b) Shall invest the money in the fund as the money in other state funds is invested;
(c) Shall manage any account associated with the fund;
(d) Shall maintain any instruments that evidence investments made with the money in the fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the fund.
3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
4. Not more than 2 percent of the money in the fund may be used to pay the costs of administering the fund.
5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
κ1999 Statutes of Nevada, Page 2757 (CHAPTER 538, AB 474)κ
6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of section 5 of this act, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 4. 1. The task force for the fund for a healthy Nevada is hereby created. The membership of the task force consists of:
(a) Three members appointed by the majority leader of the senate, one of whom must be a senator and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; and
(b) Three members appointed by the speaker of the assembly, one of whom must be an assemblyman and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; and
(c) Three members appointed by the governor, one of whom must have experience with and knowledge of matters relating to health care.
Each member appointed pursuant this subsection must be a resident of this state and must not be employed in the executive or judicial branch of state government.
2. Each person who appoints members pursuant to subsection 1 shall ensure that insofar as practicable, the members whom he appoints reflect the ethnic and geographical diversity of this state.
3. For each day or portion of a day during which a member of the task force who is a legislator attends a meeting of the task force or is otherwise engaged in the work of the task force, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the task force must be paid from the legislative fund.
4. Members of the task force who are not legislators serve without salary, except that they are entitled to receive travel expenses provided for state officers and employees generally. The travel expenses of:
(a) A member of the task force who is an officer or employee of a local government thereof must be paid by the local government that employs him.
(b) Each remaining member of the task force must be paid from the legislative fund.
5. Each member of the task force who is an officer or employee of a local government must be relieved from his duties without loss of his regular compensation so that he may perform his duties relating to the task force in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the task force to:
κ1999 Statutes of Nevada, Page 2758 (CHAPTER 538, AB 474)κ
(a) Make up the time he is absent from work to fulfill his obligations as a member of the task force; or
(b) Take annual leave or compensatory time for the absence.
6. The department shall provide such administrative support to the task force as is required to carry out the duties of the task force. The state health officer shall provide such technical advice and assistance to the task force as is requested by the task force.
Sec. 5. 1. The task force for the fund for a healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to sections 6 to 17, inclusive, of this act. The department shall submit a quarterly report to the governor and interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund each year for a healthy Nevada for programs that improve health services for children and for persons with disabilities.
(g) Maximize expenditures through local, federal and private matching contributions.
κ1999 Statutes of Nevada, Page 2759 (CHAPTER 538, AB 474)κ
(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals.
(j) To make the allocations required by paragraph (e) and (f) of subsection 1:
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the governor and the interim finance committee.
(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.
2. The task force may take such other actions as are necessary to carry out its duties.
3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.
4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.
5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 of section 5, which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
κ1999 Statutes of Nevada, Page 2760 (CHAPTER 538, AB 474)κ
Sec. 6. As used in sections 6 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7, 8 and 9 of this act have the meanings ascribed to them in those sections.
Sec. 7. Household income has the meaning ascribed to it in NRS 361.820.
Sec. 8. Income has the meaning ascribed to it in NRS 361.823.
Sec. 9. Senior citizen means a person who is domiciled in this state and is 62 years of age or older.
Sec. 10. 1. The department shall enter into contracts with private insurers who transact health insurance in this state to arrange for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services.
2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who is not eligible for Medicaid and who purchases a policy of health insurance that is made available pursuant to subsection 1 is entitled to an annual grant from the trust fund to subsidize a portion of the cost of that insurance if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is within one of the income ranges for which grants are provided pursuant to this subsection to the extent determined by the percentage shown opposite his household income on the following schedule:
|
|
|
|
Percent of |
|
Amount of Household |
|
|
Cost of Insurance Allowable |
|
Income Is Over |
|
But Not Over |
as a Subsidy |
|
$0 |
— |
$12,700 |
90 |
|
12,700 |
— |
14,800 |
80 |
|
14,800 |
— |
17,000 |
50 |
|
17,000 |
— |
19,100 |
25 |
|
19,100 |
— |
21,500 |
10 |
3. The amount of any subsidy granted pursuant to this section must not exceed the annual cost of insurance that provides coverage for prescription drugs and pharmaceutical services or $480 per year, whichever is less.
Sec. 11. 1. A senior citizen who wishes to receive a subsidy pursuant to section 10 of this act must file a request therefor with the department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department shall, within 45 days after receiving a request for a subsidy, examine the request, grant or deny it, and if granted, shall determine the amount of the subsidy to which the senior citizen is entitled.
4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to section 10 of this act and pay the subsidy directly to an insurer with whom the department has entered into a contract pursuant to section 10 of this act.
κ1999 Statutes of Nevada, Page 2761 (CHAPTER 538, AB 474)κ
Sec. 12. Any subsidy granted pursuant to section 10 of this act to a senior citizen who is not qualified for such a subsidy may be revoked by the department. If a subsidy is so revoked, the senior citizen shall make restitution to the department for any subsidy he has improperly received, and the department shall take all proper actions to collect the amount of the subsidy as a debt.
Sec. 13. 1. The department shall deny any request for a subsidy received pursuant to section 11 of this act to which the senior citizen is not entitled or any amount in excess of that to which the senior citizen is entitled.
2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.
3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada.
Sec. 14. Any person who is aggrieved by a decision of the department denying a request for a subsidy submitted pursuant to section 11 of this act is entitled to judicial review thereof.
Sec. 15. The department is responsible for the administration of the provisions of sections 6 to 17, inclusive, of this act and may:
1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to section 11 of this act.
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen requesting a subsidy pursuant to section 11 of this act.
4. Adopt such other regulations as may be required to carry out the provisions of sections 6 to 17, inclusive, of this act.
Sec. 16. No person may publish, disclose or use any personal or confidential information contained in a request for a subsidy submitted pursuant to section 11 of this act except for purposes relating to the administration of sections 6 to 17, inclusive, of this act.
Sec. 17. The department of human resources shall, in cooperation with the department of taxation and the various counties in this state:
1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 361.800 to 361.877, inclusive, and sections 6 to 17, inclusive, of this act;
2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the department of human resources, the department of taxation and the various counties in this state to carry out the provisions of NRS 361.800 to 361.877, inclusive, and sections 6 to 16, inclusive, of this act.
Sec. 18. 1. The trust fund for public health is hereby created in the state treasury. The state treasurer shall deposit in the trust fund:
κ1999 Statutes of Nevada, Page 2762 (CHAPTER 538, AB 474)κ
(a) Ten percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Ten percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the trust fund. As administrator of the trust fund, the state treasurer:
(a) Shall maintain the financial records of the trust fund;
(b) Shall invest the money in the trust fund as the money in other state funds is invested;
(c) Shall manage any account associated with the trust fund;
(d) Shall maintain any instruments that evidence investments made with the money in the trust fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the trust fund.
3. The interest and income earned on the money in the trust fund is hereby appropriated to the board of trustees of the trust fund for public health and must, after deducting any applicable charges, be credited to the fund and accounted for separately. All claims against the fund must be paid as other claims against the state are paid.
4. Only the interest and income earned on the money in the trust fund may be expended. Such expenditures may only be made for:
(a) Grants made pursuant to section 20 of this act for:
(1) The promotion of public health and programs for the prevention of disease or illness;
(2) Research on issues related to public health; and
(3) The provision of direct health care services to children and senior citizens;
(b) Expenses related to the operation of the board of trustees of the trust fund; and
(c) Actual costs incurred by the health division for providing administrative assistance to the board, but in no event may more than 2 percent of the money in the fund be used for administrative expenses or other indirect costs.
5. The money in the trust fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
Sec. 19. 1. The board of trustees of the trust fund for public health is hereby created.
2. The board consists of 11 members composed of:
(a) The administrator or his designee.
(b) The state health officer or his designee.
(c) The chairman of the Nevada commission on aging or his designee.
(d) The chairman of the state board of health or his designee.
(e) The chairman of the advisory board on maternal and child health or his designee.
(f) The superintendent of schools of the school district in this state that has the highest number of enrolled pupils or his designee.
κ1999 Statutes of Nevada, Page 2763 (CHAPTER 538, AB 474)κ
(g) The county health officers of the two most populous counties in this state.
(h) One member appointed by the Nevada Association of Counties, or its successor, who serves as a county health officer in a rural area of this state.
(i) A representative of the University of Nevada School of Medicine appointed by the Dean of the School of Medicine.
(j) One member appointed by the governor who possesses knowledge, skill and experience in providing health care services.
3. The term of a member of the board who is appointed pursuant to paragraph (h), (i) or (j) of subsection 2 is 4 years.
4. The board shall annually elect a chairman from among its members. The board shall meet at least quarterly. A majority of the members constitutes a quorum, and a majority of those present must concur in any decision.
5. Each member of the board serves without compensation. While engaged in the business of the board, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses of:
(a) A member of the board who is an officer or employee of this state or a local government thereof must be paid by the state agency or the local government.
(b) Any other member of the board must be paid from the interest and income earned on the money in the trust fund.
6. Each member of the board who is an officer or employee of this state or a local government must be relieved from his duties without loss of his regular compensation so that he may perform his duties relating to the board in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the board to:
(a) Make up the time he is absent from work to fulfill his obligations as a member of the board; or
(b) Take annual leave or compensatory time for the absence.
7. The health division shall provide such administrative support to the board as is required to carry out the duties of the board.
Sec. 20. 1. The board of trustees shall:
(a) In accordance with the provisions set forth in subsection 4 of section 18 of this act, develop policies and procedures for the expenditure of the interest and income earned on the money in the trust fund for public health.
(b) After deducting authorized expenses, annually make grants in a cumulative amount equal to the interest and income earned on the money in the trust fund for public health.
(c) Develop forms for requests for proposals for grants and disseminate information about the grant program. A condition of each such grant must be that not more than 8 percent of the grant may be used for administrative expenses and other indirect costs.
κ1999 Statutes of Nevada, Page 2764 (CHAPTER 538, AB 474)κ
(d) Publish an annual report of the activities of the board and the grants made by the board. A copy of each such report must be transmitted to the governor and to the director of the legislative counsel bureau for transmittal to the legislature.
2. The board may take such other actions as are necessary to carry out its duties and the provisions of this section and sections 18 and 19 of this act.
Sec. 21. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in 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 section 5 of this act, 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, 353.2705 to 353.2771, inclusive, 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. 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 NRS 353.2705 to 353.2771, inclusive.
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. 22. There is hereby appropriated the sum of $2,000,000 from the money:
1. Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or
2. Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,
to public broadcasting stations KNPB and KLVX to carry out the conversion to digital television required by Federal Communications Commission DTV Standard, MM Docket No. 87-268.
Sec. 23. 1. The money appropriated by section 22 of this act:
(a) May be used only to convert the public broadcasting system in the State of Nevada to digital television as carried out by televisions stations KNPB and KLVX.
(b) May be disbursed only at a ratio of $1 for every $3 of matching money received by the television stations from federal and private sources.
2. Television stations KNPB and KLVX shall report jointly to the Interim Finance Committee every 3 months regarding:
(a) The status of the conversion to digital television and the programs and benefits provided to the residents of the State of Nevada; and
κ1999 Statutes of Nevada, Page 2765 (CHAPTER 538, AB 474)κ
(b) The amount of matching money that has been received from federal and private sources.
3. As a condition of accepting the money appropriated by section 22 of this act, television stations KNPB and KLVX must each agree to:
(a) Broadcast a public service announcement pertaining to the hazards associated with using tobacco at least eight times each day for 10 consecutive years, for a cumulative total of 30,000 announcements over that period, beginning as soon as practicable after the date on which the stations begin to receive the money appropriated by section 22 of this act; and
(b) Dedicate at least one or more of their multiple digital channels to instructional television, telecourses, adult learning services and courses provided in conjunction with the University and Community College System of Nevada.
Sec. 24. Any remaining balance of the appropriation made by section 22 of this act must not be committed for expenditure after June 30, 2003, and reverts to the fund for a healthy Nevada as soon as all payments of money committed have been made.
Sec. 25. 1. There is hereby appropriated the sum of $5,000,000 from the money:
(a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or
(b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,
to the University of Nevada School of Medicine for capital improvements required to establish a program in Las Vegas that is designed to provide health care services to persons for whom health care is not readily accessible in this state, including, without limitation, elderly persons, persons who reside in the rural areas of the state, persons who are culturally disadvantaged and persons who are at risk of contracting certain diseases.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after completion of the capital improvements and reverts to the fund for a healthy Nevada as soon as all payments of money committed have been made.
Sec. 26. 1. There is hereby appropriated the sum of $5,000,000 from the money:
(a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or
(b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,
to the Rehabilitation Division of the Department of Employment, Training and Rehabilitation for disbursement to Accessible Space, Inc. to construct an accessible housing and supportive services complex in Clark County for disabled persons.
2. Any remaining balance of those sums must not be committed for expenditure after the project is completed and reverts to the fund for a healthy Nevada as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2766 (CHAPTER 538, AB 474)κ
Sec. 27. 1. There is hereby appropriated the sum of $1,000,000 from the money:
(a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or
(b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,
to the office of rural health of the University of Nevada School of Medicine for emergency medical services provided in counties whose populations are less than 100,000, the improvement of technology used for billing by rural hospitals, and the development of systems to provide health care services in counties whose populations are less than 100,000 by the use of telemedicine and other electronic means.
2. Any remaining balance of those sums must not be committed for expenditure after the project is completed and reverts to the fund for a healthy Nevada as soon as all payments of money committed have been made.
Sec. 28. 1. Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the state controller shall:
(a) First disburse the money appropriated by section 22 of this act in its entirety, then the money appropriated by section 25 of this act in its entirety; and
(b) Thereafter, disburse all other money appropriated from this same source on a pro rata basis by percentage allocated by law.
2. Notwithstanding the provisions of section 3 of this act, upon receipt of sufficient money in the fund for a healthy Nevada, the state controller shall first disburse the money appropriated by section 26 of this act in its entirety and then disburse the money appropriated by section 27 of this act in its entirety. Thereafter, the state controller shall disburse all other money appropriated from the trust fund in the manner provided by law.
Sec. 29. Notwithstanding the provisions of subsection 2 of NRS 449.465, not more than $15,000 from the amount of the fees collected pursuant to subsection 2 of NRS 449.465 and deposited in the legislative fund may be used for the preliminary operational support of the task force for the fund for a healthy Nevada and for the travel expenses to be provided to members of the task force pursuant to paragraph (b) of subsection 4 of section 4 of this act.
________
κ1999 Statutes of Nevada, Page 2767κ
Assembly Bill No. 166Assemblymen Hettrick, Cegavske, Nolan, Brower, Berman, Gustavson, Beers, Humke, Carpenter, Tiffany, Von Tobel, Angle, Lee, Gibbons, Chowning, Manendo, Ohrenschall, Collins, Koivisto, Parks, Arberry, Williams, Buckley, Freeman, Mortenson, Perkins, Price, Anderson, Goldwater, Leslie, Dini, Evans, McClain, de Braga, Marvel, Thomas, Neighbors, Segerblom, Parnell and Claborn
CHAPTER 539
AN ACT relating to concealed firearms; expanding the locations into which a permittee may carry a concealed firearm; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.3673 is hereby amended to read as follows:
202.3673 1. Except as otherwise provided in [NRS 202.265 and this section, a permittee shall not carry a concealed firearm into:
(a) Any facility of a law enforcement agency;
(b) A prison, county or city jail or detention facility;
(c) A courthouse or courtroom;
(d) Any facility of a public or private school;
(e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;
(f) Any other building owned or occupied by the Federal Government, the state or a local government; or
(g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.
2. The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.
3. The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.
4. The provisions of this section do not apply to a permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state.
5. A violation of the provisions of subsection 1 is a misdemeanor.] subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.
2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.
3. A permittee shall not carry a concealed firearm while he is on the premises of:
(a) A public building that is located on the property of a public school or the property of the University and Community College System of Nevada, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to paragraph (c) of subsection 3 of NRS 202.265.
κ1999 Statutes of Nevada, Page 2768 (CHAPTER 539, AB 166)κ
concealed firearm while he is on the premises of the public building pursuant to paragraph (c) of subsection 3 of NRS 202.265.
(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.
4. The provisions of paragraph (b) of subsection 3 do not prohibit:
(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state from carrying a concealed firearm while he is on the premises of a public building.
(c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.
(d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.
5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.
6. As used in this section, public building means any building or office space occupied by:
(a) Any component of the University and Community College System of Nevada and used for any purpose related to the system; or
(b) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.
If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.
Sec. 2. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2769κ
Assembly Bill No. 668Committee on Taxation
CHAPTER 540
AN ACT relating to taxation; making various changes in the provisions governing the exemption and assessment of property for taxation; revising the provisions governing the administration and collection of certain taxes; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Secs. 1-6. (Deleted by amendment.)
Sec. 7. NRS 361.080 is hereby amended to read as follows:
361.080 1. The property of widows and orphan children not to exceed the amount of $1,000 assessed valuation, is exempt from taxation, but no such exemption may be allowed to anyone but actual bona fide residents of this state, and must be allowed in but one county in this state to the same family.
2. For the purpose of this section, property in which the widow or orphan child has any interest shall be deemed the property of the widow or orphan child.
3. The person claiming such an exemption shall file with the county assessor an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. A widow is not entitled to the exemption provided by this section in any fiscal year beginning after her remarriage, even if the remarriage is later annulled.
Sec. 8. NRS 361.085 is hereby amended to read as follows:
361.085 1. The property of all blind persons, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the blind persons interest therein, but no such exemption may be allowed to anyone but bona fide residents of this state, and must be allowed in but one county in this state [to the same family.] on account of the same blind person.
2. The person claiming such an exemption shall file with the county assessor an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
κ1999 Statutes of Nevada, Page 2770 (CHAPTER 540, AB 668)κ
3. Upon first claiming the exemption in a county the claimant shall furnish to the assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a blind person.
4. As used in this section, blind person includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
Sec. 9. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; or
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.
3. The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and filed with the county assessor . [to the effect] It must state that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county [within] in this state. After the filing of the original affidavit, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the veterans home account,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
κ1999 Statutes of Nevada, Page 2771 (CHAPTER 540, AB 668)κ
without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 10. NRS 361.125 is hereby amended to read as follows:
361.125 1. Except as otherwise provided in subsection 2, churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned, are exempt from taxation.
2. Except as otherwise provided in NRS 361.157, when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the property must be taxed.
3. [If a recognized religious society or corporation leases or rents space to facilitate worship during the same fiscal year in which it owns a parcel of vacant land with the intent of constructing a church or chapel, other than a marriage chapel, on that land and the society or corporation has no other church or chapel in the county, the parcel of land is exempt from taxation for not more than 3 consecutive years. If a church or chapel has not been constructed by the end of the third year of exemption or the property is sold before that date, the exemption is voided and the taxes must be paid for the years for which an exemption pursuant to this subsection was claimed.] The exemption provided by this section must be prorated for the portion of a fiscal year during which the religious society or corporation owns the real property. For the purposes of this subsection, ownership of property purchased begins on the date of recording of the deed to the purchaser.
Sec. 10.5. (Deleted by amendment.)
Sec. 11. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of the lessee or user of the property is subject to taxation to the extent the:
(a) Portion of the property leased or used; and
(b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user,
can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.
κ1999 Statutes of Nevada, Page 2772 (CHAPTER 540, AB 668)κ
2. Subsection 1 does not apply to:
(a) Property located upon a public airport, park, market or fairground or any property owned by a public airport, unless the property owned by the public airport is not located upon the public airport and the property is leased, loaned or otherwise made available for purposes other than for the purposes of a public airport, including, without limitation, residential, commercial or industrial purposes;
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;
(c) Property of any state-supported educational institution;
(d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;
(f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation, whether or not the property is owned by the federal, state or a local government;
(g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;
(h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;
(i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;
(j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;
(k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons having low incomes;
(l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or
(m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.
3. Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and, if unpaid, are recoverable by the county in the proper court of the county.
[4. As used in this section, the term park does not include a golf course.]
κ1999 Statutes of Nevada, Page 2773 (CHAPTER 540, AB 668)κ
Sec. 12. NRS 361.260 is hereby amended to read as follows:
361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property that is in his county on July 1 which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it [.] on July 1 of that fiscal year. He shall take the same action at any time between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile homes on the secured tax roll if the owner of the personal property or mobile home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on both the real property and the personal property or mobile home, plus penalties. Personal property and mobile homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.
3. An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.
4. The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.
5. [In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.
6.] In addition to the inquiry and examination required in subsection 1, for any property not reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.
[7.] 6. The county assessor shall reappraise all real property at least once every 5 years.
[8.] 7. Each county assessor shall submit a written request to the board of county commissioners and the governing body of each of the local governments located in the county which maintain a unit of government that issues building permits for a copy of each building permit that is issued.
κ1999 Statutes of Nevada, Page 2774 (CHAPTER 540, AB 668)κ
issues building permits for a copy of each building permit that is issued. Upon receipt of such a request, the governing body shall direct the unit which issues the permits to provide a copy of each permit to the county assessor within a reasonable time after issuance.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser, repossessor or other owner of a mobile or manufactured home fails to comply with the provisions of subsection 1 of NRS 361.562 within the required time, the county assessor shall collect a penalty, which must be added to the tax and collected therewith in the amount of 10 percent of the tax due . [, plus:
(a) If the tax on a mobile or manufactured home is paid within 1 month after it is due, $3, and if paid on any unit or vehicle mentioned in NRS 361.561 within 1 month, $1.
(b) If the tax on a mobile or manufactured home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on any unit or vehicle mentioned in NRS 361.561 more than 1 month after it is due, $1 for each such month.]
2. If any person required to pay a personal property tax under the provisions of NRS 361.562 neglects or refuses to pay the tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile or manufactured home upon which the taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty must be computed for each fiscal year from the date of purchase within or importation into this state.
Sec. 15. NRS 361.767 is hereby amended to read as follows:
361.767 1. If the county assessor determines that certain personal property was not assessed, he may assess the property based upon its taxable value in the year in which it was not assessed.
2. If the county assessor determines that certain personal property was underassessed because it was incorrectly reported by the owner, the assessor may assess the property based upon its taxable value in the year in which it was underassessed. He may then send an additional tax bill for an amount which represents the difference between the reported value and the taxable value for each year.
3. The assessments provided for in subsections 1 and 2 may be made at any time within 3 years after the end of the fiscal year in which the taxes would have been due. The tax bill must specify the fiscal year for which the tax is due and the applicable rate and whether it is for property which was not assessed or for property which was underassessed.
4. If property is not assessed or is underassessed because the owner submitted an incorrect written statement or failed to submit a written statement required pursuant to subsection 1 of NRS 361.265, there must be added to the taxes due a penalty in the amount of 20 percent of the tax for each year the property was not assessed or was underassessed. The county assessor may waive this penalty if he finds extenuating circumstances sufficient to justify the waiver.
κ1999 Statutes of Nevada, Page 2775 (CHAPTER 540, AB 668)κ
Sec. 16. NRS 361A.283 is hereby amended to read as follows:
361A.283 1. If the county assessor determines that the deferred tax for any fiscal year or years was not assessed in the year it became due, he may assess it anytime within 5 fiscal years after the end of the fiscal year in which a parcel or portion of a parcel was converted to a higher use.
2. If the county assessor determines that a parcel was assessed for agricultural use rather than at full taxable value for any fiscal year in which it did not qualify for agricultural assessment, he may assess the deferred tax for that year anytime within 5 years after the end of that fiscal year.
3. A penalty equal to 20 percent of the total accumulated deferred tax described in subsections 1 and 2 must be added for each of the years in which the owner failed to provide the written notice required by NRS 361A.270. The county assessor may waive this penalty if he finds extenuating circumstances sufficient to justify the waiver.
Sec. 16.3. NRS 371.101 is hereby amended to read as follows:
371.101 1. Vehicles registered by widows and orphan children not to exceed the amount of $1,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but actual bona fide residents of this state, and must be filed in but one county in this state to the same family.
2. For the purpose of this section, vehicles in which the widow or orphan child has any interest shall be deemed to belong entirely to that widow or orphan child.
3. The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. A widow is not entitled to the exemption provided by this section in any fiscal year beginning after her remarriage, even if the remarriage is later annulled.
Sec. 16.5. NRS 371.102 is hereby amended to read as follows:
371.102 1. Vehicles registered by a blind person, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but bona fide residents of this state, and must be filed in but one county in this state [to the same family.] on account of the same blind person.
2. The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
κ1999 Statutes of Nevada, Page 2776 (CHAPTER 540, AB 668)κ
form must be designed to facilitate its return by mail by the person claiming the exemption.
3. Upon first claiming [such] the exemption in a county the claimant shall furnish to the department a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a blind person.
4. As used in this section, blind person includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
Sec. 16.7. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; or
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.
3. A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county [within] in this state. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the veterans home account,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
κ1999 Statutes of Nevada, Page 2777 (CHAPTER 540, AB 668)κ
filed in his behalf during the period of such service by any person having knowledge of the facts.
5. Before allowing any veterans exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
6. If any person files a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 17. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
4. All money received or collected by the department for the basic vehicle privilege tax must be deposited in the local government tax distribution account, created by NRS 360.660, for credit to the appropriate county pursuant to subsection 6.
5. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
6. The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:
Carson City.......... 1.07 percent Lincoln..................... 3.12 percent
Churchill................ 5.21 percent Lyon......................... 2.90 percent
Clark.................... 22.54 percent Mineral..................... 2.40 percent
Douglas................. 2.52 percent Nye........................... 4.09 percent
Elko..................... 13.31 percent Pershing.................... 7.00 percent
Esmeralda............. 2.52 percent Storey......................... .19 percent
Eureka................... 3.10 percent Washoe.................. 12.24 percent
Humboldt............. 8.25 percent White Pine............... 5.66 percent
Lander................... 3.88 percent
The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.
κ1999 Statutes of Nevada, Page 2778 (CHAPTER 540, AB 668)κ
7. [As commission to the department for collecting the privilege tax on vehicles subject to the provisions of this chapter and chapter 706 of NRS, the department shall deduct and withhold 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.] The department shall withhold 6 percent from the amount of privilege tax collected by the department as a commission. From the amount of privilege tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor.
8. When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
9. If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.
Sec. 18. NRS 489.511 is hereby amended to read as follows:
489.511 1. If a used or rebuilt manufactured home, mobile home or commercial coach is sold in this state by a dealer or rebuilder, the dealer or rebuilder shall complete a dealers or rebuilders report of sale. The report must be in a form prescribed by the division and include a description of the manufactured home, mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller, dealer or rebuilder to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home or commercial coach, the name and address of the secured party must be entered on the dealers or rebuilders report of sale.
2. The dealer or rebuilder shall submit the original of the dealers or rebuilders report of sale to the division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of the sale, unless an extension of time is granted by the division, together with the endorsed certificate of title or certificate of ownership previously issued. The dealer or rebuilder shall furnish one copy of the report of sale to the buyer at the time of the sale. Within 45 days after the sale, the dealer or rebuilder shall furnish one copy of the report of sale to the assessor of the county in which the manufactured home, mobile home or commercial coach will be located.
3. The dealer or rebuilder shall require the buyer to sign an acknowledgment of taxes, on a form prescribed by the division, which includes a statement that the manufactured home, mobile home or commercial coach is taxable in the county in which it is located. The dealer shall deliver the buyers copy of the acknowledgment to him at the time of sale and submit another copy to the county assessor of the county in which the manufactured home, mobile home or commercial coach is to be located.
κ1999 Statutes of Nevada, Page 2779 (CHAPTER 540, AB 668)κ
4. If a used or rebuilt manufactured home, mobile home or commercial coach is sold by a dealer or rebuilder pursuant to an installment contract or other agreement by which the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer upon the sale, the dealer or rebuilder shall submit to the division any information required by the regulations adopted by the administrator pursuant to NRS 489.272.
Sec. 19. NRS 562.160 is hereby amended to read as follows:
562.160 Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the board shall fix the rate to be levied each year as provided for in NRS 562.170 and shall send notice of it to the county assessor or treasurer of each county that administers the special tax, and to the division of agriculture of the department of business and industry on or before the first Monday in May of each year.
Sec. 20. NRS 567.110 is hereby amended to read as follows:
567.110 1. Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the state board of sheep commissioners, acting as the committee to control predatory animals, may levy an annual special tax of not to exceed the equivalent of 20 cents per head on all sheep and goats.
2. The special tax is designated as the tax for control of predatory animals.
3. Notice of the tax must be sent by the board to the county assessor or treasurer of each county that is administering the special taxes on livestock, and to the division of agriculture of the department of business and industry on or before the first Monday in May of each year.
Sec. 21. NRS 571.035 is hereby amended to read as follows:
571.035 1. Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the division shall fix the amount of the annual special tax on each head of the following specified classes of livestock, which , except as otherwise provided in subsection 4, must not exceed the following rates per head for each class:
Class Rate per head
Stock cattle............................................................................................. $0.28
Dairy cattle.................................................................................................. .53
Horses.......................................................................................................... .75
Mules............................................................................................................ .75
Burros or asses............................................................................................ .75
Hogs and pigs............................................................................................. .07
Goats............................................................................................................ .06
2. As used in subsection 1:
(a) Dairy cattle are bulls, cows and heifers of the dairy breeds that are more than 6 months old.
(b) Stock cattle are:
(1) Steers of any breed and other weaned calves of the beef breeds that are more than 6 months old; and
(2) Bulls, cows and older heifers of the beef breeds.
κ1999 Statutes of Nevada, Page 2780 (CHAPTER 540, AB 668)κ
(c) The classes consisting of horses, mules, and burros and asses exclude animals that are less than 1 year old.
3. The division shall send notice of the annual special tax on each head of the specified classes of livestock to the county assessor or treasurer of each county on or before the first Monday in May of each year [.
4. Notwithstanding the provisions of subsection 1, the] unless the division makes the election provided in subsection 7.
4. The minimum special tax due annually pursuant to this section from each owner of livestock is $5.
5. Upon the receipt of payment of the special tax and the report thereof by the state controller, the division shall credit the amount of the tax as paid on its records.
6. The special taxes paid by an owner of livestock, when transmitted to the state treasurer, must be deposited in the livestock inspection account.
7. The division may elect to perform the duties otherwise performed by the county assessor and county treasurer under NRS 575.100 to 575.140, inclusive.
Sec. 22. NRS 575.090 is hereby amended to read as follows:
575.090 1. There is hereby created in each county a committee for assessing livestock composed of:
(a) Two persons who own livestock in the county and who are appointed by the state board of agriculture;
(b) One person who owns sheep in the county and who is appointed by the board or, if there is no owner of sheep in the county, another person who owns livestock in the county who is appointed by the state board of agriculture;
(c) A brand inspector who is designated by the administrator of the division; and
(d) [The] In a county where the division elects to administer the special tax, another person who owns livestock, appointed by the state board of agriculture, otherwise the county assessor or a person designated by him.
2. Except as otherwise provided in this subsection, the term of each member is 2 years, and any vacancy must be filled by appointment for the unexpired term. The term of the county assessor expires upon the expiration of the term of his office. A person designated by the county assessor serves at the pleasure of the county assessor. The brand inspector serves at the pleasure of the administrator of the division.
3. While engaged in official business of the committee for assessing livestock, each member of the committee is entitled to:
(a) A salary not exceeding $60 per day for attending meetings or performing other official business, to be paid from any money available to the division.
(b) The per diem allowance and travel expenses fixed for state officers and employees.
Sec. 23. NRS 575.120 is hereby amended to read as follows:
575.120 1. The division shall prepare a form for declaration of livestock and sheep on which an owner of livestock or sheep shall declare the average number, kind and classification of all livestock and sheep in the state owned by him during the year immediately preceding the date the declaration is made.
κ1999 Statutes of Nevada, Page 2781 (CHAPTER 540, AB 668)κ
owned by him during the year immediately preceding the date the declaration is made.
2. Before May 6 of each year, the division shall distribute the form for declaration to [all] the county assessors [.] of the counties in which the special tax is administered by the county.
3. In other counties, the division shall mail the declaration directly to each owner of livestock or sheep.
Sec. 24. NRS 575.130 is hereby amended to read as follows:
575.130 1. [The] In a county in which the special tax is administered by the county, the county assessor shall mail the form for declaration to each owner of livestock or sheep listed in his most current report of such owners. He may include the form with any other mailing sent by him to that owner.
2. An owner of livestock or sheep who fails to complete and return the form for declaration within 30 days after the date it was mailed to him is subject to a penalty of $5 assessed by the committee.
Sec. 25. NRS 575.140 is hereby amended to read as follows:
575.140 The county assessor or the division shall forward to the committee for assessing livestock all of the completed forms for declaration of livestock and sheep received by him and a copy of his most current report of owners of livestock and sheep. This report may show a parcel number and must include the name and address of each owner and the number, kind and classification of the livestock and sheep belonging to each owner.
Sec. 26. NRS 575.150 is hereby amended to read as follows:
575.150 1. Upon receipt of the forms for declaration of livestock and sheep and the report of owners of livestock and sheep from the county assessor [,] or the division, the committee for assessing livestock shall:
(a) Make an estimate of the number, kind and classification of all livestock and sheep owned by any person failing to return the form for declaration of livestock and sheep and include that information on the report; and
(b) Examine each completed form for declaration of livestock and sheep and the report to determine its accuracy, and if there is any evidence that any information is inaccurate or incomplete, may change and correct any listing as to number, kind, classification, ownership or location by adding thereto or deducting therefrom as necessary to make the report complete and accurate.
2. The committee for assessing livestock may verify the number of livestock or sheep by any reasonable means, including actual count at any reasonable time.
3. If the committee for assessing livestock changes the listings on the report of owners of livestock and sheep for any owner and the listing for that owner does not conform to the listings on the form for declaration completed by that owner, the committee shall notify the owner of the change within 15 days after the change is made. The notification must contain a statement explaining the owners right to challenge the accuracy of the report made by the committee for assessing livestock.
Sec. 27. NRS 575.180 is hereby amended to read as follows:
575.180 1. When the report of owners of livestock and sheep is approved by the committee for assessing livestock as complete and accurate, the approval must be noted on the report. The report must then be returned to the county assessor , or the division if it is administering the special tax, and a copy sent to the board, the division unless it is administering the special tax, and the Nevada beef council.
κ1999 Statutes of Nevada, Page 2782 (CHAPTER 540, AB 668)κ
the county assessor , or the division if it is administering the special tax, and a copy sent to the board, the division unless it is administering the special tax, and the Nevada beef council.
2. If, as the result of a challenge of the accuracy of the report, any change is ordered in the report of owners of livestock and sheep after it has been approved by the committee for assessing livestock, [the county assessor, the board, the division and the Nevada beef council] each recipient of the report or copy must be notified of the change.
Sec. 28. NRS 575.190 is hereby amended to read as follows:
575.190 Using the tax levies from the board, the division and the Nevada beef council, the county assessor, auditor or treasurer , or the division if it is administering the special tax, shall calculate the total taxes due from each owner of livestock or sheep based on the report of owners of livestock or sheep approved by the committee for assessing livestock.
Sec. 29. NRS 575.200 is hereby amended to read as follows:
575.200 The county treasurer or the assessor , or the division if it is administering the special tax, shall mail to each owner of livestock or sheep a bill for the total taxes due from that owner. The billing may be made from the secured or unsecured tax roll. The bill may be included with any other tax bill sent by the county assessor or treasurer to that owner. Failure to receive a tax bill does not excuse the taxpayer from the timely payment of his taxes.
Sec. 30. (Deleted by amendment.)
Sec. 31. This section and sections 7 to 12, inclusive, and 14 to 29, inclusive, of this act become effective on June 30, 1999.
________
κ1999 Statutes of Nevada, Page 2783κ
Assembly Bill No. 680Committee on Commerce and Labor
CHAPTER 541
AN ACT relating to insurance; revising the fees for the issuance and renewal of a license for a surplus lines broker; revising the provisions governing authorized investments by insurers; requiring the commissioner of insurance to adopt regulations for the licensing of provider‑sponsored organizations; revising the requirements for certain insurers to accept surplus lines risks; clarifying the authority of the commissioner to impose a fine or penalty or initiate or continue a disciplinary proceeding against a person who has voluntarily surrendered his license or certificate of registration; revising the provisions governing the disclosure statement required for certain umbrella policies; revising various provisions governing health insurance; requiring an applicant for a license as a general agent to file a bond; revising the requirements for the issuance of a certificate of registration as an administrator; revising the qualifications for licensure by a corporation as a bail agent or bail enforcement agent; revising the authority of the commissioner to approve certain contracts relating to the states group insurance plan; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 679A of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or voluntary surrender of a license or certificate issued pursuant to the provisions of this code does not:
1. Prohibit the commissioner from initiating or continuing a disciplinary proceeding against the holder of the license or certificate; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this code against the holder of the license or certificate.
Sec. 2. NRS 679B.190 is hereby amended to read as follows:
679B.190 1. The commissioner shall carefully preserve in the division and in permanent form all papers and records relating to the business and transactions of the division and shall hand them over to his successor in office.
2. Except as otherwise provided in subsections 3, 5 and 6 , [and] other provisions of this code and NRS 616B.015, the papers and records must be open to public inspection.
3. Any records or information in the possession of the division related to an investigation [or examination] conducted by the commissioner is confidential [for the period of the investigation or examination] unless:
(a) The commissioner releases, in the manner that he deems appropriate, all or any part of the records or information for public inspection after determining that the release of the records or information:
(1) Will not harm his investigation [or examination] or the person who is being investigated ; [or examined;] or
(2) Serves the interests of a policyholder, the shareholders of the insurer or the public; or
κ1999 Statutes of Nevada, Page 2784 (CHAPTER 541, AB 680)κ
(b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the commissioner.
4. The commissioner may destroy unneeded or obsolete records and filings in the division in accordance with provisions and procedures applicable in general to administrative agencies of this state.
5. The commissioner may classify as confidential certain records and information obtained from a governmental agency or other sources upon the express condition that they remain confidential.
6. All information and documents in the possession of the division or any of its employees which are related to cases or matters under investigation [or examination] by the commissioner or his staff are confidential for the [entire] period of the investigation [or examination] and may not be made public unless the commissioner finds the existence of an imminent threat of harm to the safety or welfare of the policyholder, shareholders or the public and determines that the interests of the policyholder, shareholders or the public will be served by publication thereof, in which event he may make a record public or publish all or any part of the record in any manner he deems appropriate.
Sec. 3. NRS 679B.440 is hereby amended to read as follows:
679B.440 1. The commissioner may require that reports submitted pursuant to NRS 679B.430 include, without limitation, information regarding:
(a) Liability insurance provided to:
(1) Governmental agencies and political subdivisions of this state, reported separately for:
(I) Cities and towns;
(II) School districts; and
(III) Other political subdivisions;
(2) Public officers;
(3) Establishments where alcoholic beverages are sold;
(4) Facilities for the care of children;
(5) Labor, fraternal or religious organizations; and
(6) Officers or directors of organizations formed pursuant to Title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;
(b) Liability insurance for:
(1) Defective products;
(2) Medical malpractice;
(3) Malpractice of attorneys;
(4) Malpractice of architects and engineers; and
(5) Errors and omissions by other professionally qualified persons; [and]
(c) Vehicle insurance, reported separately for:
(1) Private vehicles;
(2) Commercial vehicles;
(3) Liability insurance; and
(4) Insurance for property damage [.] ; and
(d) Workers compensation insurance.
κ1999 Statutes of Nevada, Page 2785 (CHAPTER 541, AB 680)κ
2. The commissioner may require that the report include, without limitation, information specifically pertaining to this state or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:
(a) Premiums directly written;
(b) Premiums directly earned;
(c) Number of policies issued;
(d) Net investment income, using appropriate estimates when necessary;
(e) Losses paid;
(f) Losses incurred;
(g) Loss reserves, including:
(1) Losses unpaid on reported claims; and
(2) Losses unpaid on incurred but not reported claims;
(h) Number of claims, including:
(1) Claims paid; and
(2) Claims that have arisen but are unpaid;
(i) Expenses for adjustment of losses, including allocated and unallocated losses;
(j) Net underwriting gain or loss;
(k) Net operation gain or loss, including net investment income; and
(l) Any other information requested by the commissioner.
3. The commissioner may also obtain, based upon an insurer in its entirety, information regarding:
(a) Recoverable federal income tax;
(b) Net unrealized capital gain or loss; and
(c) All other expenses not included in subsection 2.
Sec. 4. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Filing initial application................................................................................... $2,450
(b) Issuance of certificate:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive 283
(2) For two or more kinds of insurance as so defined..................................... 578
(3) For a reinsurer............................................................................................... 2,450
(c) Each annual continuation of a certificate..................................................... 2,450
(d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(e) Registration of additional title pursuant to NRS 680A.240............................. 50
(f) Annual renewal of the registration of additional title pursuant to NRS 680A.240 25
2. Charter documents, other than those filed with an application for a certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document.............................. $10
3. Annual statement or report. For filing annual statement or report.............. $25
κ1999 Statutes of Nevada, Page 2786 (CHAPTER 541, AB 680)κ
4. Service of process:
(a) Filing of power of attorney..................................................................................... $5
(b) Acceptance of service of process.......................................................................... 30
5. Agents licenses, appointments and renewals:
(a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:
(1) Application and license.................................................................................. $78
(2) Appointment by each insurer............................................................................ 5
(3) Triennial renewal of each license.................................................................... 78
(4) Temporary license............................................................................................. 10
(b) Other nonresident agents:
(1) Application and license ................................................................................. 138
(2) Appointment by each insurer.......................................................................... 25
(3) Triennial renewal of each license................................................................. 138
6. Brokers licenses and renewals:
(a) Resident brokers and nonresident brokers qualifying under subsection 3 of NRS 683A.340:
(1) Application and license ................................................................................. $78
(2) Triennial renewal of each license.................................................................... 78
(b) Other nonresident brokers:
(1) Application and license ................................................................................. 258
(2) Triennial renewal of each license................................................................. 258
(c) [Surplus] Resident surplus lines brokers:
(1) Application and license ................................................................................... 78
(2) Triennial renewal of each license.................................................................... 78
(d) Nonresident surplus lines brokers:
(1) Application and license................................................................................ 258
(2) Triennial renewal of each license............................................................... 258
7. Solicitors licenses, appointments and renewals:
(a) Application and license ....................................................................................... $78
(b) Triennial renewal of each license.......................................................................... 78
(c) Initial appointment.................................................................................................... 5
8. Managing general agents licenses, appointments and renewals:
(a) Resident managing general agents:
(1) Application and license ................................................................................. $78
(2) Initial appointment, each insurer...................................................................... 5
(3) Triennial renewal of each license.................................................................... 78
(b) Nonresident managing general agents:
(1) Application and license.................................................................................. 138
(2) Initial appointment, each insurer.................................................................... 25
(3) Triennial renewal of each license................................................................. 138
9. Adjusters licenses and renewals:
(a) Independent and public adjusters:
(1) Application and license ................................................................................. $78
(2) Triennial renewal of each license.................................................................... 78
(b) Associate adjusters:
(1) Application and license ................................................................................... 78
(2) Initial appointment.............................................................................................. 5
κ1999 Statutes of Nevada, Page 2787 (CHAPTER 541, AB 680)κ
(3) Triennial renewal of each license................................................................. $78
10. Licenses and renewals for appraisers of physical damage to motor vehicles:
(a) Application and license ....................................................................................... $78
(b) Triennial renewal of each license.......................................................................... 78
11. Additional title and property insurers pursuant to NRS 680A.240:
(a) Original registration............................................................................................... $50
(b) Annual renewal........................................................................................................ 25
12. Insurance vending machines:
(a) Application and license, for each machine....................................................... $78
(b) Triennial renewal of each license.......................................................................... 78
13. Permit for solicitation for securities:
(a) Application for permit........................................................................................ $100
(b) Extension of permit................................................................................................. 50
14. Securities salesmen for domestic insurers:
(a) Application and license ....................................................................................... $25
(b) Annual renewal of license...................................................................................... 15
15. Rating organizations:
(a) Application and license ..................................................................................... $500
(b) Annual renewal...................................................................................................... 500
16. Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:
(a) Resident administrators:
(1) Application and certificate of registration ................................................. $78
(2) Triennial renewal............................................................................................... 78
(b) Nonresident administrators:
(1) Application and certificate of registration ................................................. 138
(2) Triennial renewal............................................................................................. 138
17. For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.
18. Certified copies of certificates of authority and licenses issued pursuant to the insurance code..................................................................................................................... $10
19. For copies and amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
20. Letter of clearance for an agent or broker..................................................... $10
21. Certificate of status as a licensed agent or broker........................................ $10
22. Licenses, appointments and renewals for bail agents:
(a) Application and license ....................................................................................... $78
(b) Initial appointment by each surety insurer............................................................ 5
(c) Triennial renewal of each license.......................................................................... 78
23. Licenses and renewals for bail enforcement agents:
(a) Application and license ....................................................................................... $78
(b) Triennial renewal of each license.......................................................................... 78
24. Licenses, appointments and renewals for general bail agents:
(a) Application and license ....................................................................................... $78
κ1999 Statutes of Nevada, Page 2788 (CHAPTER 541, AB 680)κ
(b) Initial appointment by each insurer..................................................................... $5
(c) Triennial renewal of each license.......................................................................... 78
25. Licenses and renewals for bail solicitors:
(a) Application and license ....................................................................................... $78
(b) Triennial renewal of each license.......................................................................... 78
26. Licenses and renewals for title agents and escrow officers:
(a) Resident title agents and escrow officers:
(1) Application and license ................................................................................. $78
(2) Triennial renewal of each license.................................................................... 78
(b) Nonresident title agents and escrow officers:
(1) Application and license ................................................................................. 138
(2) Triennial renewal of each license................................................................. 138
(c) Change in name or location of business or in association................................ 10
27. Certificate of authority and renewal for a seller of prepaid funeral contracts $78
28. Licenses and renewals for agents for prepaid funeral contracts:
(a) Resident agents:
(1) Application and license ................................................................................. $78
(2) Triennial renewal of each license.................................................................... 78
(b) Nonresident agents:
(1) Application and license.................................................................................. 138
(2) Triennial renewal of each license................................................................. 138
29. Licenses, appointments and renewals for agents for fraternal benefit societies:
(a) Resident agents:
(1) Application and license ................................................................................. $78
(2) Appointment......................................................................................................... 5
(3) Triennial renewal of each license.................................................................... 78
(b) Nonresident agents:
(1) Application and license.................................................................................. 138
(2) Triennial renewal of each license................................................................. 138
30. Reinsurance intermediary broker or manager:
(a) Resident agents:
(1) Application and license ................................................................................. $78
(2) Triennial renewal of each license ................................................................... 78
(b) Nonresident agents:
(1) Application and license ................................................................................. 138
(2) Triennial renewal of each license ................................................................ 138
31. Agents for and sellers of prepaid burial contracts:
(a) Resident agents and sellers:
(1) Application and certificate or license.......................................................... $78
(2) Triennial renewal............................................................................................... 78
(b) Nonresident agents and sellers:
(1) Application and certificate or license.......................................................... 138
(2) Triennial renewal............................................................................................. 138
32. Risk retention groups:
(a) Initial registration and review of an application........................................ $2,450
(b) Each annual continuation of a certificate of registration........................... 2,450
κ1999 Statutes of Nevada, Page 2789 (CHAPTER 541, AB 680)κ
33. Required filing of forms:
(a) For rates and policies............................................................................................ $25
(b) For riders and endorsements.................................................................................. 10
Sec. 5. NRS 681B.290 is hereby amended to read as follows:
681B.290 1. [On] Except as otherwise provided in subsection 3, on or before March 1 of each year, each domestic insurer, and each foreign insurer domiciled in a state which does not have requirements for reporting risk-based capital, that transacts property, casualty, life or health insurance in this state shall prepare and submit to the commissioner, and to each person designated by the commissioner, a report of the level of the risk-based capital of the insurer as of the end of the immediately preceding calendar year. The report must be in such form and contain such information as required by the regulations adopted by the commissioner pursuant to this section.
2. The commissioner shall adopt regulations concerning the amount of risk-based capital required to be maintained by each insurer licensed to do business in this state that is transacting property, casualty, life or health insurance in this state. The regulations must be consistent with the instructions for reporting risk-based capital adopted by the National Association of Insurance Commissioners, as those instructions existed on January 1, 1997. If the instructions are amended, the commissioner may amend the regulations to maintain consistency with the instructions if he determines that the amended instructions are appropriate for use in this state.
3. The commissioner may exempt from the provisions of this section a domestic insurer who:
(a) Does not transact insurance in any other state; and
(b) Does not assume reinsurance that is more than 5 percent of the direct premiums written by the insurer.
Secs. 5.2-5.8. (Deleted by amendment.)
Sec. 6. Chapter 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 16, inclusive, of this act.
Sec. 7. As used in NRS 683A.085 to 683A.0893, inclusive, and sections 7 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. Affiliate has the meaning ascribed to it in NRS 692C.030.
Sec. 9. Control has the meaning ascribed to it in NRS 692C.050.
Sec. 10. Insurer includes, without limitation:
1. An insurance company licensed pursuant to the provisions of this code;
2. A prepaid limited health service organization that has been issued a certificate of authority pursuant to chapter 695F of NRS;
3. A health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS;
4. A multiple employer welfare arrangement as defined in 29 U.S.C. § 1002;
5. An employer for whom a program of self-insurance is administered by an administrator; and
6. An organization for dental care that has been issued a certificate of authority pursuant to chapter 695D of NRS.
κ1999 Statutes of Nevada, Page 2790 (CHAPTER 541, AB 680)κ
Sec. 11. Underwrite includes, without limitation:
1. Accepting applications for insurance coverage in accordance with the written rules of an insurer;
2. Planning and coordinating a program of insurance; and
3. Procuring bonds and excess insurance.
Sec. 12. The commissioner:
1. Shall suspend or revoke the certificate of registration of an administrator if the commissioner has determined, after notice and a hearing, that the administrator:
(a) Is in an unsound financial condition;
(b) Uses methods or practices in the conduct of his business that are hazardous or injurious to insured persons or members of the general public; or
(c) Has failed to pay any judgment against him in this state within 60 days after the judgment became final.
2. May suspend or revoke the certificate of registration of an administrator if the commissioner determines, after notice and a hearing, that the administrator:
(a) Has willfully violated or failed to comply with any provision of this code, any regulation adopted pursuant to this code or any order of the commissioner;
(b) Has refused to be examined by the commissioner or has refused to produce accounts, records or files for examination upon the request of the commissioner;
(c) Has, without just cause, refused to pay claims or perform services pursuant to his contracts or has, without just cause, caused persons to accept less than the amount of money owed to them pursuant to the contracts, or has caused persons to employ an attorney or bring a civil action against him to receive full payment or settlement of claims;
(d) Is affiliated with, managed by or owned by another administrator or an insurer who transacts insurance in this state without a certificate of authority or a certificate of registration;
(e) Fails to comply with any of the requirements for a certificate of registration;
(f) Has been convicted of, or has entered a plea of guilty or nolo contendere to a felony, whether or not adjudication was withheld; or
(g) Has had his authority to act as an administrator in another state limited, suspended or revoked.
3. May, upon notice to the administrator, suspend the certificate of registration of the administrator pending a hearing if:
(a) The administrator is impaired or insolvent;
(b) A proceeding for receivership, conservatorship or rehabilitation has been commenced against the administrator in any state; or
(c) The financial condition or the business practices of the administrator represent an imminent threat to the public health, safety or welfare of the residents of this state.
4. May, in addition to or in lieu of the suspension or revocation of the certificate of registration of the administrator, impose a fine of $2,000 for each act or violation.
κ1999 Statutes of Nevada, Page 2791 (CHAPTER 541, AB 680)κ
Sec. 13. Each application for a certificate of registration as an administrator must include or be accompanied by:
1. A financial statement that is certified by an officer of the applicant and must include:
(a) The amount of money that the applicant expects to collect from or disburse to residents of this state during the next calendar year;
(b) Financial information for the 90 days immediately preceding the date the application was filed with the commissioner; and
(c) An income statement and balance sheet for the 2 years immediately preceding the application that are prepared in accordance with generally accepted accounting principles. The submission by the applicant of his consolidated income statement and balance sheet does not constitute compliance with the provisions of this paragraph.
2. The documents used to create the business association of the administrator, including, without limitation, articles of incorporation, articles of association, a partnership agreement, a trust agreement and a shareholder agreement.
3. The documents used to regulate the internal affairs of the administrator, including, without limitation, the bylaws, rules or regulations of the administrator.
4. A certificate of registration issued pursuant to NRS 600.350 for a trade name or trade-mark used by the administrator.
5. An organizational chart that identifies each person who directly or indirectly controls the administrator and each affiliate of the administrator.
6. A notarized affidavit from each person who manages or controls the administrator, including, without limitation, each member of the board of directors or board of trustees, each officer, partner, and member of the business association of the administrator, and each shareholder of the administrator who holds not less than 10 percent of the voting stock of the administrator. The affidavit must include, without limitation:
(a) The personal history, business record and insurance experience of the affiant;
(b) Whether the affiant has been investigated by any regulatory authority or has had any license or certificate denied, suspended or revoked in any state; and
(c) Any other information that the commissioner may require.
7. The complete name and address of each office of the administrator, including, offices located outside this state.
8. A statement that sets forth whether the administrator has:
(a) Held a license or certificate to transact any kind of insurance in this state or any other state and whether that license or certificate has been refused, suspended or revoked;
(b) Been indebted to any person and, if so, the circumstances of that debt; and
(c) Had an administrative agreement canceled and, if so, the circumstances of that cancellation.
9. A statement that describes the business plan of the administrator. The statement must include information:
κ1999 Statutes of Nevada, Page 2792 (CHAPTER 541, AB 680)κ
(a) Concerning the number of persons on the staff of the administrator and the activities proposed in this state or in any other state.
(b) That demonstrates the capability of the administrator to provide a sufficient number of experienced and qualified persons for the processing of claims, the keeping of records and, if applicable, underwriting.
10. If the applicant intends to solicit new or renewal business, proof that the applicant employs or has contracted with an agent licensed in this state to solicit and take applications. An applicant who intends to solicit insurance contracts directly or to act as an insurance agent must provide proof that he is licensed as an insurance agent in this state.
Sec. 14. 1. Except as otherwise provided by subsection 2, the commissioner shall issue a certificate of registration as an administrator to an applicant who:
(a) Submits an application on a form prescribed by the commissioner;
(b) Has complied with the provisions of section 13 of this act; and
(c) Pays the fee for the issuance of a certificate of registration prescribed in NRS 680B.010.
2. The commissioner may refuse to issue a certificate of registration as an administrator to an applicant if the commissioner determines that the applicant or any person who has completed an affidavit pursuant to subsection 6 of section 13 of this act:
(a) Is not competent to act as an administrator;
(b) Is not trustworthy or financially responsible;
(c) Does not have a good personal or business reputation;
(d) Has had a license or certificate to transact insurance denied for cause, suspended or revoked in this state or any other state; or
(e) Has failed to comply with any provision of this chapter.
Sec. 15. 1. A certificate of registration as an administrator is valid for 3 years after the date the commissioner issues the certificate to the administrator.
2. An administrator may renew a certificate of registration if he submits to the commissioner:
(a) An application on a form prescribed by the commissioner; and
(b) The fee for the renewal of the certificate of registration prescribed in NRS 680B.010.
3. A certificate of registration that is suspended or revoked must be surrendered immediately to the commissioner.
Sec. 16. Not later than March 1 of each year, each holder of a certificate of registration as an administrator shall file a financial statement with the commissioner on a form approved by the commissioner.
Sec. 17. NRS 683A.025 is hereby amended to read as follows:
683A.025 1. Except as limited by this section, administrator means a person who:
(a) [Collects] Directly or indirectly underwrites or collects charges or premiums from or adjusts or settles claims of residents of this state or any other state from within this state in connection with workers compensation insurance, life or health insurance coverage or annuities, including coverage or annuities provided by an employer for his employees;
κ1999 Statutes of Nevada, Page 2793 (CHAPTER 541, AB 680)κ
(b) Administers [a trust under] an internal service fund pursuant to NRS 287.010;
(c) Administers a program of self-insurance for an employer; [or]
(d) Administers a program which is funded by an employer and which provides pensions, annuities, health benefits, death benefits or other similar benefits for his employees [.] ; or
(e) Is an insurance company that is licensed to do business in this state or is acting as an insurer with respect to a policy lawfully issued and delivered in a state where the insurer is authorized to do business, if the insurance company performs any act described in paragraphs (a) to (d), inclusive, for or on behalf of another insurer.
2. Administrator does not include:
(a) An employee authorized to act on behalf of an administrator who holds a certificate of registration from the commissioner.
(b) An employer acting on behalf of his employees or the employees of a subsidiary or affiliated concern.
(c) A labor union acting on behalf of its members.
(d) [An] Except as otherwise provided in paragraph (e) of subsection 1, an insurance company licensed to do business in this state or acting as an insurer with respect to a policy lawfully issued and delivered in a state in which the insurer was authorized to do business.
(e) A life or health insurance agent or broker licensed in this state, when his activities are limited to the sale of insurance.
(f) A creditor acting on behalf of his debtors with respect to insurance covering a debt between the creditor and debtor.
(g) A trust and its trustees, agents and employees acting for it, if the trust was established under the provisions of 29 U.S.C. § 186.
(h) A trust which is exempt from taxation under section 501(a) of the Internal Revenue Code, 26 U.S.C. § 501(2), its trustees and employees, and a custodian, his agents and employees acting under a custodial account which meets the requirements of section 401(f) of the Internal Revenue Code [.] , 26 U.S.C. § 401(f).
(i) A bank, credit union or other financial institution which is subject to supervision by federal or state banking authorities.
(j) A company which issues credit cards, and which advances for and collects premiums or charges from credit card holders who have authorized it to do so, if the company does not adjust or settle claims.
(k) An attorney at law who adjusts or settles claims in the normal course of his practice or employment, but who does not collect charges or premiums in connection with life or health insurance coverage or with annuities.
Sec. 18. NRS 683A.085 is hereby amended to read as follows:
683A.085 [1.] No person may act as [an administrator,] , offer to act as or hold himself out to the public as an administrator, unless he has obtained a certificate of registration as an administrator from the commissioner [.
2. A certificate must be issued to an applicant who has made written application therefor, giving any information which the commissioner reasonably requires, and has paid the required fee, unless the commissioner has determined, after notice and hearing, that the applicant is not competent, trustworthy, financially responsible or of good personal and business reputation.
κ1999 Statutes of Nevada, Page 2794 (CHAPTER 541, AB 680)κ
trustworthy, financially responsible or of good personal and business reputation.
3. No certificate may be issued to any person who, within the 5 years immediately preceding his application, has had an insurance license revoked or an application denied for cause.
4. The commissioner may revoke or suspend the certificate of any administrator if he finds, after notice and hearing, that the administrator has violated any provision of this Title or any regulation adopted under it.] pursuant to section 14 of this act.
Sec. 19. NRS 683A.0857 is hereby amended to read as follows:
683A.0857 1. [Every] Each administrator shall file with the commissioner a bond with an authorized surety in favor of the State of Nevada, continuous in form and in an amount determined by the commissioner of not less than [$50,000.] $100,000.
2. The commissioner shall establish schedules for the amount of the bond required, based on the amount of money received and distributed by an administrator.
3. The bond must inure to the benefit of any person damaged by any fraudulent act or conduct of the administrator and must be conditioned upon faithful accounting and application of all money coming into the administrators possession in connection with his activities as an administrator.
4. The bond remains in force until released by the commissioner or canceled by the surety. Without prejudice to any liability previously incurred, the surety may cancel the bond upon 90 days advance notice to the administrator and the commissioner. An administrators certificate is automatically suspended if he does not file with the commissioner a replacement bond before the date of cancellation of the previous bond. A replacement bond must meet all requirements of this section for the initial bond.
Sec. 20. NRS 683A.086 is hereby amended to read as follows:
683A.086 1. No person may act as an administrator unless he has entered into a written agreement with an insurer, and the written agreement contains provisions to effectuate the requirements contained in NRS [683A.0867] 683A.087 to 683A.0883, inclusive, and section 1 of Senate Bill No. 145 of this [act] session, and sections 12 to 16, inclusive, of this act which apply to the duties of the administrator.
2. The written agreement must set forth:
(a) The duties the administrator will be required to perform on behalf of the insurer; and
(b) The lines, classes or types of insurance that the administrator is authorized to administer on behalf of the insurer.
3. A copy of an agreement entered into under the provisions of this section must be retained in the records of the administrator and of the insurer for a period of 5 years after the termination of the agreement.
[3.] 4. When a policy is issued to a trustee or trustees, a copy of the trust agreement and amendments must be obtained by the administrator and a copy forwarded to the insurer. Each agreement must be retained by the administrator and [by] the insurer for a period of 5 years after the termination of the policy.
κ1999 Statutes of Nevada, Page 2795 (CHAPTER 541, AB 680)κ
administrator and [by] the insurer for a period of 5 years after the termination of the policy.
[4.] 5. The commissioner may adopt regulations which specify the functions an administrator may perform on behalf of an insurer.
6. The insurer or administrator may, upon written notice to the other party to the agreement and to the commissioner, terminate the written agreement for any cause specified in the agreement. The insurer may suspend the authority of the administrator while any dispute regarding the cause for termination is pending. The insurer shall perform any obligations with respect to the policies affected by the agreement regardless of any dispute with the administrator.
Sec. 21. NRS 683A.087 is hereby amended to read as follows:
683A.087 An administrator may advertise the insurance which he administers only [with] after he receives the approval of the insurer who underwrites the business involved.
Sec. 22. NRS 683A.0873 is hereby amended to read as follows:
683A.0873 1. Each administrator shall maintain at his principal office adequate books and records of all transactions between himself, the insurer and the insured. The books and records must be maintained in accordance with prudent standards of recordkeeping for insurance and with regulations of the commissioner for a period of 5 years after the transaction to which they respectively relate. After the 5-year period the administrator may remove the books and records from the state, store their contents on microfilm or return them to the appropriate insurer.
2. The commissioner may examine, audit and inspect books and records [kept by administrators] maintained by an administrator under the provisions of this section [.] to carry out the provisions of NRS 679B.230 to 679B.300, inclusive.
3. The names and addresses of insured persons and any other material which is in the books and records of an administrator are confidential except when used in proceedings against the administrator.
4. The insurer may inspect and examine all books and records to the extent necessary to fulfill all contractual obligations to insured persons, subject to restrictions in the written agreement between the insurer and administrator.
Sec. 23. NRS 683A.0877 is hereby amended to read as follows:
683A.0877 1. All insurance charges and premiums collected by an administrator on behalf of an insurer and return premiums received from an insurer are held by the administrator in a fiduciary capacity.
2. Money [shall] must be remitted within 15 days to the person or persons entitled to it, or [shall] be deposited within 15 days in [a fiduciary account] one or more fiduciary accounts established and maintained by the administrator [within the state.] in a bank , [or] credit union [.] or other financial institution in this state. The fiduciary accounts must be separate from the personal or business accounts of the administrator.
3. If charges or premiums deposited in an account have been collected for or on behalf of more than one insurer, the administrator shall cause the bank , [or] credit union [in which] or other financial institution where the fiduciary account is maintained to record clearly the deposits and withdrawals from the account on behalf of each insurer.
κ1999 Statutes of Nevada, Page 2796 (CHAPTER 541, AB 680)κ
fiduciary account is maintained to record clearly the deposits and withdrawals from the account on behalf of each insurer.
4. The administrator shall promptly obtain and keep copies of [all account] the records of each fiduciary account and shall furnish any insurer with copies of the records which pertain to him upon demand of the insurer.
5. The administrator [may] shall not pay any claim by withdrawing money from his fiduciary account [.] in which premiums or charges are deposited.
6. Withdrawals [shall] must be made as provided in the agreement between the insurer and the administrator for:
(a) Remittance to the insurer.
(b) Deposit in an account maintained in the name of the insurer.
(c) Transfer to and deposit in an account for the payment of claims.
(d) Payment to a group policyholder for remittance to the insurer entitled to the money.
(e) Payment to the administrator of his commission, fees or charges.
(f) Remittance of return premiums to persons entitled to them.
7. The administrator shall maintain copies of all records relating to deposits or withdrawals and, upon the request of an insurer, provide the insurer with copies of those records.
Sec. 24. NRS 683A.088 is hereby amended to read as follows:
683A.088 Each claim paid by the administrator from [funds] money collected for or on behalf of an insurer [shall] must be paid by a check or draft upon and as authorized by the insurer.
Sec. 25. NRS 683A.0883 is hereby amended to read as follows:
683A.0883 1. The compensation paid to an administrator for his services may be based upon premiums or charges collected, on number of claims paid or processed or on [another] any other basis agreed upon by the administrator and the insurer, except as provided in subsection 2.
2. Compensation paid to an administrator may not be based upon or contingent upon :
(a) The claim experience of the policies [which he handles.] that he handles; or
(b) The savings realized by the administrator by adjusting, settling or paying the losses covered by an insurer.
Sec. 26. NRS 683A.0887 is hereby amended to read as follows:
683A.0887 1. Each administrator shall advise each insured, by means of a written notice approved by the insurer, of the identity of and relationship among the insurer, administrator and insured.
2. An administrator who seeks to collect premiums or charges shall clearly [state] set forth in writing to the insured the amount of premium or charge set by the insurer for the insurance coverage [.] and the reason for the collection of the premium or charge. Each charge must be set forth separately from the premium.
3. The administrator shall disclose to an insurer, in writing, all charges, fees and commissions the administrator receives in connection with the provision of administrative services for the insurer, including, without limitation, the fees and commissions paid by insurers providing reinsurance or excess of loss insurance.
κ1999 Statutes of Nevada, Page 2797 (CHAPTER 541, AB 680)κ
Sec. 26.5. NRS 685A.070 is hereby amended to read as follows:
685A.070 1. A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible pursuant to this section.
2. [No] Except as otherwise provided in this section, no insurer is eligible for the acceptance of surplus lines risks pursuant to this chapter unless it has surplus as to policyholders in an amount of not less than $5,000,000 and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established pursuant to terms reasonably adequate for the protection of all of its policyholders in the United States in an amount of not less than $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of:
(a) A group of insurers which includes individual unincorporated insurers, such a trust fund must not be less than $100,000,000.
(b) A group of incorporated insurers under common administration, such a trust fund must not be less than $100,000,000. The group of incorporated insurers must:
(1) Operate under the supervision of the Department of Trade and Industry of the United Kingdom;
(2) Possess aggregate policyholders surplus of $10,000,000,000, which must consist of money in trust in an amount not less than the assuming insurers liabilities attributable to insurance written in the United States; and
(3) Maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group.
(c) An insurance exchange created by the laws of a state, [such] the insurance exchange shall have and maintain a trust fund [must not be] in an amount of not less than $50,000,000 [.] or have a surplus as to policyholders in an amount of not less than $50,000,000. If an insurance exchange maintains money for the protection of all policyholders, each syndicate shall maintain minimum capital and surplus of not less than $5,000,000 and must qualify separately to be eligible for the acceptance of surplus lines risks pursuant to this chapter.
The commissioner may require larger trust funds or surplus as to policyholders than those set forth in this section if, in his judgment, the volume of business being transacted or proposed to be transacted warrants larger amounts.
3. No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.
4. The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. To be placed on the list, a surplus lines insurer must file an application with the commissioner. The application must be accompanied by a nonrefundable fee of $2,450.
κ1999 Statutes of Nevada, Page 2798 (CHAPTER 541, AB 680)κ
a nonrefundable fee of $2,450. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer. The status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.
Sec. 27. NRS 685A.120 is hereby amended to read as follows:
685A.120 1. No person in this state may act as, hold himself out as, or be a surplus lines broker with respect to subjects of insurance resident, located or to be performed in this state or elsewhere unless he is licensed as such by the commissioner pursuant to this chapter.
2. Any person who has been licensed by this state as a [resident] broker for general lines for at least 6 months , or has been licensed in another state as a surplus lines broker for at least 1 year and continues to be licensed in that state, and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:
(a) Application for a license and payment of the applicable fee for a license and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305;
(b) Submitting the statement required pursuant to NRS 685A.127; and
(c) Passing any examination prescribed by the commissioner on the subject of surplus lines.
3. An application for a license must be submitted to the commissioner on a form designated and furnished by him. The application must include the social security number of the applicant.
4. A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed upon submission of the statement required pursuant to NRS 685A.127 and payment of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305 to the commissioner on or before the last day of the month in which the license is renewable.
5. A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by the statement required pursuant to NRS 685A.127, a fee for renewal of 150 percent of the fee otherwise required and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305.
Sec. 28. NRS 685A.140 is hereby amended to read as follows:
685A.140 1. In addition to other grounds therefor, the commissioner may suspend or revoke any surplus lines brokers license:
(a) If the broker fails to file the annual statement or to remit the tax as required by NRS 685A.170 and 685A.180;
(b) If the broker fails to maintain an office in this state [,] or in the state where he was issued a license as a resident broker, or to keep the records, or to allow the commissioner to examine his records as required by this chapter, or if he removes his records from the state; or
κ1999 Statutes of Nevada, Page 2799 (CHAPTER 541, AB 680)κ
(c) If the broker places a surplus lines coverage in an insurer other than as authorized under this chapter.
2. Upon suspending or revoking the brokers surplus lines license the commissioner may also suspend or revoke all other licenses of or as to the same individual under this code.
Sec. 29. NRS 685A.160 is hereby amended to read as follows:
685A.160 1. Each broker shall keep in his office [in this state] a full and true record of each surplus lines coverage procured by him, including a copy of each daily report, if any, a copy of each certificate of insurance issued by him, and such of the following items as may be applicable:
(a) [Amount] The amount of the insurance;
(b) [Gross] The gross premium charged;
(c) [Return] The return premium paid, if any;
(d) [Rate] The rate of premium charged upon the several items of property;
(e) [Effective] The effective date of the contract, and the terms thereof;
(f) [Name] The name and address of each insurer on the direct risk and the proportion of the entire risk assumed by [such] that insurer if less than the entire risk;
(g) [Name] The name and address of the insured;
(h) [Brief] A brief general description of the property or risk insured and where located or to be performed; and
(i) [Other] Any other information as may be required by the commissioner.
2. The record [shall] must not be removed from [this state and shall] the office of the broker and must be open to examination by the commissioner or his representative at all times within 5 years after issuance of the coverage to which it relates.
Sec. 30. NRS 686A.130 is hereby amended to read as follows:
686A.130 1. No property, casualty, surety or title insurer or underwritten title company or any employee or representative thereof, and no broker, agent or solicitor may pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the commissioner.
2. No title insurer or underwritten title company may:
(a) Pay, directly or indirectly, to the insured or any person acting as agent, representative, attorney or employee of the owner, lessee, mortgagee, existing or prospective, of the real property or interest therein which is the subject matter of title insurance or as to which a service is to be performed, any commission , rebate or part of its fee or charges or other consideration as inducement or compensation for the placing of any order for a title insurance policy or for performance of any escrow or other service by the insurer or underwritten title company with respect thereto; or
κ1999 Statutes of Nevada, Page 2800 (CHAPTER 541, AB 680)κ
(b) Issue any policy or perform any service in connection with which it or any agent or other person has paid or contemplates paying any commission, rebate or inducement in violation of this section.
3. No insured named in a policy or any employee of [such] that insured may knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement.
4. No such insurer may make or permit any unfair discrimination between insured or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of insurance.
5. No casualty insurer may make or permit any unfair discrimination between persons legally qualified to provide a particular service, in the amount of the fee or charge for that service payable as a benefit under any policy or contract of casualty insurance.
6. [Nothing in this section prohibits:] The provisions of this section do not prohibit:
(a) The payment of commissions or other compensation to licensed agents, brokers or solicitors.
(b) The extension of credit to an insured for the payment of any premium and for which credit a reasonable rate of interest is charged and collected.
(c) Any insurer from allowing or returning to its participating policyholders, members or subscribers, dividends, savings or unabsorbed premium deposits.
[As to title insurance, nothing in this section prohibits]
(d) With respect to title insurance, bulk rates or special rates for customers of prescribed classes if [such] the bulk or special rates are provided for in the [currently] effective schedule of fees and charges of the title insurer or underwritten title company.
7. [This section does] The provisions of this section do not apply to wet marine and transportation insurance.
Sec. 31. NRS 686C.035 is hereby amended to read as follows:
686C.035 1. This chapter does not provide coverage for:
(a) Any portion of a policy or contract not guaranteed by the insurer, or under which the risk is borne by the [policyholder.] holder of the policy or contract.
(b) Any policy or contract of reinsurance unless assumption certificates have been issued [.] pursuant to that policy or contract.
(c) Any portion of a policy or contract to the extent that the rate of interest on which it is based:
(1) When averaged over the period of 4 years before the date [that] on which the association becomes obligated with respect to the policy or contract, or averaged for the period since the policy or contract was issued if it was issued less than 4 years before the association became obligated, exceeds the rate of interest determined by subtracting 2 percentage points from Moodys Corporate Bond Yield Average averaged for the same period; and
κ1999 Statutes of Nevada, Page 2801 (CHAPTER 541, AB 680)κ
(2) On or after the date on which the association becomes obligated with respect to the policy or contract, exceeds the rate of interest determined by subtracting 3 percentage points from the most recent Moodys Corporate Bond Yield Average.
(d) Any portion of a policy or contract issued to a plan or program of an employer, association or [similar entity] other person to provide life , [or] health or annuity benefits [or annuities] to its employees , [or] members or other persons to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association or [similar entity] other person under:
(1) A [Multiple Employer Welfare Arrangement] multiple employer welfare arrangement as defined in 29 U.S.C. § 1002;
(2) A minimum-premium group insurance plan;
(3) A stop-loss group insurance plan; or
(4) A contract for administrative services only.
(e) Any portion of a policy or contract to the extent that it provides for dividends, credits for experience, voting rights or the payment of any fee or allowance to any person, including the [policyholder,] holder of a policy or contract, for services or administration connected with the policy or contract.
(f) Any policy or contract issued in this state by a member insurer at a time when the member insurer was not authorized to issue the policy or contract [.] in this state.
(g) [Any certificate for an annuity or group annuity which is not issued to or owned by a natural person, except to the extent of any annuity guaranteed to a natural person by an insurer under the contract or certificate except that annuities issued in connection with and for the purpose of funding structured settlements of liability are covered policies.
(h) Any health or life insurance policy purchased by the Federal Government, if no premium taxes are paid on such policies.
(i) Any annuity issued pursuant to subsection 8 of NRS 680A.070.] A portion of a policy or contract to the extent that the assessments required by NRS 686C.230 for the policy or contract are preempted by federal law.
(h) An obligation that does not arise under the written terms of a policy or contract issued by the insurer.
(i) An unallocated annuity contract.
2. As used in this section, Moodys Corporate Bond Yield Average means the monthly average for corporate bonds published by Moodys Investors Service, Inc., or any successor average.
Sec. 32. NRS 687B.440 is hereby amended to read as follows:
687B.440 1. An insurer offering an umbrella policy to an individual shall obtain a signed disclosure statement from the individual indicating whether the umbrella policy includes uninsured or underinsured vehicle coverage.
2. The disclosure statement for an umbrella policy that includes uninsured or underinsured vehicle coverage must be on a form provided by the commissioner or in substantially the following form: UMBRELLA POLICY DISCLOSURE STATEMENT
κ1999 Statutes of Nevada, Page 2802 (CHAPTER 541, AB 680)κ
UMBRELLA POLICY DISCLOSURE STATEMENT
UNINSURED/UNDERINSURED VEHICLE COVERAGE
¨ Your Umbrella Policy does provide coverage in excess of the limits of the uninsured/underinsured vehicle coverage in your primary auto insurance only if the requirements for the uninsured/underinsured vehicle coverage in your underlying auto insurance are maintained. [The minimum uninsured/underinsured vehicle coverage in your umbrella insurance policy is $ . The limits of the uninsured/underinsured vehicle coverage in your primary auto insurance policy are $ . .] Your uninsured/underinsured vehicle coverage provided by this umbrella policy is limited to $ .
I understand and acknowledge the above disclosure.
..................................
Insured Date
3. The disclosure statement for an umbrella policy that does not include uninsured or underinsured vehicle coverage must be on a form provided by the commissioner or in substantially the following form:
¨ Your Umbrella Liability Policy does not provide any uninsured/underinsured vehicle coverage.
I understand and acknowledge the above disclosure.
..................................
Insured Date
[3.] 4. As used in this section, umbrella policy means a policy that protects a person against losses in excess of the underlying amount required to be covered by other policies.
Sec. 33. NRS 689A.505 is hereby amended to read as follows:
689A.505 Creditable coverage means, with respect to a person, health benefits or coverage provided pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395c et seq., also known as Medicare;
4. Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title [;
5. Chapter 55 of Title 10, United States Code (] , 42 U.S.C § 1396s;
5. The Civilian Health and Medical Program of Uniformed Services [(CHAMPUS));] , CHAMPUS, 10 U.S.C §§ 1071 et seq.;
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
κ1999 Statutes of Nevada, Page 2803 (CHAPTER 541, AB 680)κ
8. A health plan offered pursuant to [chapter 89 of Title 5, United States Code (] the Federal Employees Health Benefits Program [(FEHBP));] , FEHBP, 5 U.S.C. §§ 8901 et seq.;
9. A public health plan as defined in 45 C.F.R. § 146.113, authorized by the Public Health Service Act, [section 2701(c)(1)(I), as amended by Public Law 104-191,] 42 U.S.C. § 300gg(c)(1)(I);
10. A health benefit plan under section 5(e) of the Peace Corps Act, 22 U.S.C. § 2504(e); [or]
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive [.] ;
12. A short-term health insurance policy; or
13. A blanket student accident and health insurance policy.
Sec. 34. NRS 689A.515 is hereby amended to read as follows:
689A.515 Eligible person means:
1. A person:
(a) Who, as of the date on which he seeks coverage pursuant to this chapter, has an aggregate period of creditable coverage that is 18 months or more;
(b) Whose most recent prior creditable coverage , other than coverage under a short‑term health insurance policy, was under a group health plan, governmental plan, church plan or health insurance coverage offered in connection with any such plan;
(c) Who is not eligible for coverage under a group health plan, Part A or Part B of Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395c et seq., also known as Medicare, a state plan pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., also known as Medicaid, or any successor program, and who does not have any other health insurance coverage;
(d) Whose most recent health insurance coverage within the period of aggregate creditable coverage was not terminated because of a failure to pay premiums or fraud;
(e) Who has exhausted his continuation of coverage under the Consolidation Omnibus Budget Reconciliation Act of 1985 [,] Public Law 99-272, or under a similar state program, if any; and
(f) Who has not had a break of more than 63 consecutive days in his creditable coverage.
2. A person whose most recent prior creditable coverage was under a basic or standard health benefit plan and was not renewed by a carrier who discontinued offering and renewing individual health benefit plans in this state pursuant to NRS 689A.630.
3. Notwithstanding the provisions of paragraph (a) of subsection 1, a newborn child or a child placed for adoption, if the child was enrolled timely and would have otherwise met the requirements of an eligible person as set forth in subsection 1.
Sec. 35. NRS 689A.540 is hereby amended to read as follows:
689A.540 1. Health benefit plan means a policy, contract, certificate or agreement offered by a carrier to provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of health care services. Except as otherwise provided in this section, the term includes [short-term and] catastrophic health insurance policies [,] and a policy that pays on a cost-incurred basis.
κ1999 Statutes of Nevada, Page 2804 (CHAPTER 541, AB 680)κ
[short-term and] catastrophic health insurance policies [,] and a policy that pays on a cost-incurred basis.
2. The term does not include:
(a) Coverage that is only for accident or disability income insurance, or any combination thereof;
(b) Coverage issued as a supplement to liability insurance;
(c) Liability insurance, including general liability insurance and automobile liability insurance;
(d) Workers compensation or similar insurance;
(e) Coverage for medical payments under a policy of automobile insurance;
(f) Credit insurance;
(g) Coverage for on-site medical clinics; [and]
(h) Other similar insurance coverage specified in federal regulations issued pursuant to Public Law 104-191 under which benefits for medical care are secondary or incidental to other insurance benefits [.] ;
(i) Coverage under a short‑term health insurance policy; and
(j) Coverage under a blanket student accident and health insurance policy.
3. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan:
(a) Limited-scope dental or vision benefits;
(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and
(c) Such other similar benefits as are specified in any federal regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
4. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and [such] the benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor:
(a) Coverage that is only for a specified disease or illness; and
(b) Hospital indemnity or other fixed indemnity insurance.
5. The term does not include any of the following, if offered as a separate policy, certificate or contract of insurance:
(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss, as that section existed on July 16, 1997;
(b) Coverage supplemental to the coverage provided pursuant to [chapter 55 of Title 10, United States Code (] the Civilian Health and Medical Program of Uniformed Services [(CHAMPUS));] , CHAMPUS, 10 U.S.C. §§ 1071 et seq.; and
(c) Similar supplemental coverage provided under a group health plan.
κ1999 Statutes of Nevada, Page 2805 (CHAPTER 541, AB 680)κ
Sec. 36. NRS 689A.650 is hereby amended to read as follows:
689A.650 1. An individual carrier is not required to provide coverage to eligible persons pursuant to NRS 689A.640:
(a) During any period in which the commissioner determines that requiring the individual carrier to provide such coverage would place the individual carrier in a financially impaired condition.
(b) If the individual carrier elects not to offer any new coverage to any [eligible] persons in this state. An individual carrier that elects not to offer new coverage in accordance with this paragraph may maintain its existing policies issued to [eligible] persons in this state, subject to the requirements of NRS 689A.630.
2. An individual carrier that elects not to offer new coverage pursuant to paragraph (b) of subsection 1 shall notify the commissioner forthwith of that election and shall not thereafter write any new business to individuals in this state for 5 years after the date of the notification.
Sec. 37. NRS 689A.660 is hereby amended to read as follows:
689A.660 An individual carrier shall not:
1. Impose on an eligible person who is covered under a basic or standard health benefit plan any exclusion because of a preexisting condition.
2. Modify a health benefit plan, with respect to an eligible person, through riders, endorsements or otherwise, to restrict or exclude services otherwise covered by the plan.
Sec. 38. NRS 689A.680 is hereby amended to read as follows:
689A.680 1. An individual carrier shall develop its rates for its individual health benefit plans pursuant to NRS 689A.470 to 689A.740, inclusive, based on rating characteristics. After any adjustments for rating characteristics and design of benefits, the rate for any block of business for an individual health benefit plan written on or after [July 16, 1997,] January 1, 2000, must not exceed the rate for any other block of business for an individual health benefit plan offered by the individual carrier by more than [100] 50 percent. The rate for a block of business is equal to the average rate charged to all the insureds in the block of business. In determining whether the rate of a block of business complies with the provisions of this subsection, any differences in rating factors between blocks of business must be considered.
2. In determining the rating factors to establish premium rates for a health benefit plan, an individual carrier shall not use characteristics other than age, sex, occupation, geographic area, composition of the family of the individual and health status.
3. If an individual carrier uses health status as a rating factor in establishing premium rates, the highest factor associated with any classification for health status may not exceed the lowest factor by more than 75 percent.
4. For the purposes of this section, rating characteristics must not include durational or tier rating, or adverse changes in health status or claim experience after the policy is issued.
κ1999 Statutes of Nevada, Page 2806 (CHAPTER 541, AB 680)κ
5. As used in this section, characteristics means demographic or other information concerning individuals that is considered by a carrier in the determination of premium rates for individuals.
Sec. 39. NRS 689B.027 is hereby amended to read as follows:
689B.027 1. The commissioner shall adopt regulations which require an insurer to file with the commissioner, for his approval, a disclosure summarizing the coverage provided by each policy of group health insurance offered by the insurer. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the policy;
(b) Any restrictions on payments for emergency care, including related definitions of an emergency and medical necessity;
(c) Any provisions concerning the insurers right to change premium rates and the characteristics, other than claim experience, that affect changes in premium rates;
(d) Any provisions relating to renewability;
(e) Any provisions relating to preexisting conditions; and
(f) Any other information,
that the commissioner finds necessary to provide for full and fair disclosure of the provisions of the policy.
2. The disclosure must be written in language which is easily understood and [must] include a statement that the disclosure is a summary of the policy only, and that the policy [itself] should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
4. The insurer shall make available to an employer or a producer acting on behalf of an employer upon request a copy of the disclosure approved by the commissioner pursuant to this section for each policy of health insurance coverage for which that employer may be eligible.
Sec. 40. NRS 689B.380 is hereby amended to read as follows:
689B.380 Creditable coverage means health benefits or coverage provided to a person pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395c et seq., also known as Medicare;
4. Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title [;
5. Chapter 55 of Title 10, United States Code (] , 42 U.S.C. § 1396s;
5. The Civilian Health and Medical Program of Uniformed Services [(CHAMPUS));] , CHAMPUS, 10 U.S.C. §§ 1071 et seq.;
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
κ1999 Statutes of Nevada, Page 2807 (CHAPTER 541, AB 680)κ
8. A health plan offered pursuant to [chapter 89 of Title 5, United States Code (] the Federal Employees Health Benefits Program [(FEHBP));] , FEHBP, 5 U.S.C. §§ 8901 et seq.;
9. A public health plan as defined in 45 C.F.R. § 146.113, authorized by the Public Health Service Act, [section 2701(c)(1)(I), as amended by Public Law 104-191,] 42 U.S.C. § 300gg(c)(1)(I);
10. A health benefit plan under section 5(e) of the Peace Corps Act, 22 U.S.C. § 2504(e); [or]
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive [.] ;
12. A short-term health insurance policy; or
13. A blanket student accident and health insurance policy.
Sec. 41. NRS 689B.410 is hereby amended to read as follows:
689B.410 1. Health benefit plan means a policy, contract, certificate or agreement offered by a carrier to provide for, arrange for the payment of, pay for or reimburse any of the costs of health care services. Except as otherwise provided in this section, the term includes [short-term and] catastrophic health insurance policies, and a policy that pays on a cost-incurred basis.
2. The term does not include:
(a) Coverage that is only for accident or disability income insurance, or any combination thereof;
(b) Coverage issued as a supplement to liability insurance;
(c) Liability insurance, including general liability insurance and automobile liability insurance;
(d) Workers compensation or similar insurance;
(e) Coverage for medical payments under a policy of automobile insurance;
(f) Credit insurance;
(g) Coverage for on-site medical clinics; [and]
(h) Other similar insurance coverage specified in federal regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, under which benefits for medical care are secondary or incidental to other insurance benefits [.] ;
(i) Coverage under a short‑term health insurance policy; and
(j) Coverage under a blanket student accident and health insurance policy.
3. If the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan, the term does not include the following benefits:
(a) Limited-scope dental or vision benefits;
(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and
(c) Such other similar benefits as are specified in any federal regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
4. For the purposes of NRS 689B.340 to 689B.590, inclusive, if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and [such] the benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor, the term does not include:
κ1999 Statutes of Nevada, Page 2808 (CHAPTER 541, AB 680)κ
any exclusion of benefits under any group health plan maintained by the same plan sponsor, and [such] the benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor, the term does not include:
(a) Coverage that is only for a specified disease or illness; and
(b) Hospital indemnity or other fixed indemnity insurance.
5. For the purposes of NRS 689B.340 to 689B.590, inclusive, if offered as a separate policy, certificate or contract of insurance, the term does not include:
(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss, as that section existed on July 16, 1997;
(b) Coverage supplemental to the coverage provided pursuant to the Civilian Health and Medical Program of Uniformed Services, CHAMPUS, 10 U.S.C. §§ 1071 et seq.; and
(c) Similar supplemental coverage provided under a group health plan.
Sec. 42. NRS 689B.460 is hereby amended to read as follows:
689B.460 Waiting period means the period established by a plan of health insurance that must pass before a person who is an eligible participant or beneficiary in a plan is covered for benefits under the terms of the plan. The term includes the period from the date a person submits an application to an individual carrier for coverage under a health benefit plan until the first day of coverage under that health benefit plan.
Sec. 43. NRS 689B.500 is hereby amended to read as follows:
689B.500 1. Except as otherwise provided in this section, a carrier that issues a group health plan or coverage under group health insurance shall not deny, exclude or limit a benefit for a preexisting condition for:
(a) More than 12 months after the effective date of coverage if the employee enrolls through open enrollment or after the first day of the waiting period for [such] that enrollment, whichever is earlier; or
(b) More than 18 months after the effective date of coverage for a late enrollee.
A carrier may not define a preexisting condition more restrictively than that term is defined in NRS 689B.450.
2. The period of any exclusion for a preexisting condition imposed by a group health plan or coverage under group health insurance on a person to be insured in accordance with the provisions of this chapter must be reduced by the aggregate period of creditable coverage of that person, if the creditable coverage was continuous to a date not more than 63 days before the effective date of the coverage. The period of continuous coverage must not include:
(a) Any waiting period for the effective date of the new coverage applied by the employer or the carrier; or
(b) Any affiliation period not to exceed 60 days for a new enrollee and [63] 90 days for a late enrollee required before becoming eligible to enroll in the group health plan.
3. A health maintenance organization authorized to transact insurance pursuant to chapter 695C of NRS that does not restrict coverage for a preexisting condition may require an affiliation period before coverage becomes effective under a plan of insurance if the affiliation period applies uniformly to all employees and without regard to any health status-related factors.
κ1999 Statutes of Nevada, Page 2809 (CHAPTER 541, AB 680)κ
uniformly to all employees and without regard to any health status-related factors. During the affiliation period, the carrier shall not collect any premiums for coverage of the employee.
4. An insurer that restricts coverage for preexisting conditions shall not impose an affiliation period.
5. A carrier shall not impose any exclusion for a preexisting condition:
(a) Relating to pregnancy.
(b) In the case of a person who, as of the last day of the 30-day period beginning on the date of his birth, is covered under creditable coverage.
(c) In the case of a child who is adopted or placed for adoption before attaining the age of 18 years and who, as of the last day of the 30-day period beginning on the date of adoption or placement for adoption, whichever is earlier, is covered under creditable coverage. The provisions of this paragraph do not apply to coverage before the date of adoption or placement for adoption.
(d) In the case of a condition for which medical advice, diagnosis, care or treatment was recommended or received for the first time while the covered person held creditable coverage, and the medical advice, diagnosis, care or treatment was a benefit under the plan, if the creditable coverage was continuous to a date not more than 63 days before the effective date of the new coverage.
The provisions of paragraphs (b) and (c) do not apply to a person after the end of the first 63-day period during all of which the person was not covered under any creditable coverage.
6. As used in this section, late enrollee means an eligible employee, or his dependent, who requests enrollment in a group health plan following the initial period of enrollment, if that initial period of enrollment is at least 30 days, during which the person is entitled to enroll under the terms of the health benefit plan. The term does not include an eligible employee or his dependent if:
(a) The employee or dependent:
(1) Was covered under creditable coverage at the time of the initial enrollment;
(2) Lost coverage under creditable coverage as a result of cessation of contributions by his employer, termination of employment or eligibility, reduction in the number of hours of employment, involuntary termination of creditable coverage, or death of, or divorce or legal separation from, a covered spouse; and
(3) Requests enrollment not later than 30 days after the date on which his creditable coverage was terminated or on which the change in conditions that gave rise to the termination of the coverage occurred.
(b) The employee enrolls during the open enrollment period, as provided in the contract or as otherwise specifically provided by specific statute.
(c) The employer of the employee offers multiple health benefit plans and the employee elected a different plan during an open enrollment period.
(d) A court has ordered coverage to be provided to the spouse or a minor or dependent child of an employee under a health benefit plan of the employee and a request for enrollment is made within 30 days after the issuance of the court order.
κ1999 Statutes of Nevada, Page 2810 (CHAPTER 541, AB 680)κ
(e) The employee changes status from not being an eligible employee to being an eligible employee and requests enrollment, subject to any waiting period, within 30 days after the change in status.
(f) The person has continued coverage in accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985 , Public Law 99-272, and [such] that coverage has been exhausted.
Sec. 44. NRS 689B.590 is hereby amended to read as follows:
689B.590 1. Not later than 180 days after the date on which the basic and standard health benefit plans are approved pursuant to NRS 689C.770 as part of the plan of operation of the program of reinsurance, each carrier required to offer to a person a converted policy pursuant to NRS 689B.120 shall only offer as a converted policy a choice of the basic and standard health benefit plans.
2. A person with a converted policy issued before the effective date of the requirement set forth in subsection 1 may, at each annual renewal of the converted policy elect a basic or standard health benefit plan as a substitute converted policy, except that the carrier may, if the person has not made an election within 3 years after first becoming eligible to do so, require the person to make such an election. Once a person has elected [either] the basic or standard health benefit plan as a substitute converted policy, he may not elect another converted policy.
3. The premium for a converted policy may not exceed the small group index rate, as defined in paragraph (b) of subsection 3 of NRS 689C.230, applicable to the carrier by more than [110] 75 percent. The small group index rate used by a carrier that does not write insurance to small employers in this state must be the average small group index rate, as determined by the commissioner, of the five largest carriers that provide coverage to small employers pursuant to this chapter for their basic and standard health benefit plans. The commissioner shall annually determine the average small group index rate, as measured by the premium volume of the plans, of those five largest carriers.
4. The rates for new and renewal converted policies for persons with the same converted policies whose case characteristics are similar must be the same.
5. Any losses suffered by a carrier on its converted policies issued pursuant to this section must be spread across the entire book of the health benefit coverage of the carrier issued or delivered for issuance to small employers and large group employers in this state.
6. The commissioner shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 45. Chapter 689C of NRS is hereby amended by adding thereto the provisions set forth as sections 46 and 47 of this act.
Sec. 46. No member, agent or employee of the board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
Sec. 47. The provisions of this chapter apply to health benefit plans that provide coverage to the employees of small employers in this state and to carriers that offer those health benefit plans if:
κ1999 Statutes of Nevada, Page 2811 (CHAPTER 541, AB 680)κ
1. A portion of the premium or benefits are paid by or on behalf of the small employer;
2. An eligible employee or his dependent is reimbursed for a portion of the premium, whether by wage adjustments or otherwise, by or on behalf of the small employer; or
3. The health benefit plan is considered by the small employer or any of his eligible employees or dependents as part of a plan or program for the purposes of sections 106, 125 or 162 of the Internal Revenue Code, 26 U.S.C. § 106, 125 or 162.
Sec. 48. NRS 689C.053 is hereby amended to read as follows:
689C.053 Creditable coverage means health benefits or coverage provided to a person pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395c et seq., also known as Medicare;
4. Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title [;
5. Chapter 55 of Title 10, United States Code (] , 42 U.S.C. § 1396s;
5. The Civilian Health and Medical Program of Uniformed Services [(CHAMPUS));] , CHAMPUS, 10 U.S.C. §§ 1071 et seq.;
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
8. A health plan offered pursuant to [chapter 89 of Title 5, United States Code (] the Federal Employees Health Benefits Program [(FEHBP));] , FEHBP, 5 U.S.C. §§ 8901 et seq.;
9. A public health plan as defined in federal regulations authorized by the Public Health Service Act, [section 2701(c)(1)(I), as amended by Public Law 104-191;] 42 U.S.C. § 300gg(c)(1)(I);
10. A health benefit plan under section 5(e) of the Peace Corps Act, 22 U.S.C. § 2504(e); [or]
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive [.] ;
12. A short-term health insurance policy; or
13. A blanket student accident and health insurance policy.
Sec. 49. NRS 689C.075 is hereby amended to read as follows:
689C.075 1. Health benefit plan means a policy or certificate for hospital or medical expenses, a contract for dental, hospital or medical services, or a health care plan of a health maintenance organization available for use, offered or sold to a small employer. Except as otherwise provided in this section, the term includes short-term and catastrophic health insurance policies, and a policy that pays on a cost-incurred basis.
2. The term does not include:
(a) Coverage that is only for accident or disability income insurance, or any combination thereof;
(b) Coverage issued as a supplement to liability insurance;
κ1999 Statutes of Nevada, Page 2812 (CHAPTER 541, AB 680)κ
(c) Liability insurance, including general liability insurance and automobile liability insurance;
(d) Workers compensation or similar insurance;
(e) Coverage for medical payments under a policy of automobile insurance;
(f) Credit insurance;
(g) Coverage for on-site medical clinics; [and]
(h) Coverage under a short‑term health insurance policy;
(i) Coverage under a blanket student accident and health insurance policy; and
(j) Other similar insurance coverage specified in federal regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 , under which benefits for medical care are secondary or incidental to other insurance benefits.
3. If the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan, the term does not include the following benefits:
(a) Limited-scope dental or vision benefits;
(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and
(c) Such other similar benefits as are specified in any federal regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
4. If the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and [such] the benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor, the term does not include:
(a) Coverage that is only for a specified disease or illness; and
(b) Hospital indemnity or other fixed indemnity insurance.
5. If offered as a separate policy, certificate or contract of insurance, the term does not include:
(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss, as that section existed on July 16, 1997;
(b) Coverage supplemental to the coverage provided pursuant to [chapter 55 of Title 10, United States Code (] the Civilian Health and Medical Program of Uniformed Services [(CHAMPUS));] , CHAMPUS, 10 U.S.C. §§ 1071 et seq.; and
(c) Similar supplemental coverage provided under a group health plan.
Sec. 50. NRS 689C.095 is hereby amended to read as follows:
689C.095 1. Small employer means , [any person or governmental entity actively engaged in a business:
(a) Which,] with respect to a calendar year and a plan year, an employer who employed on business days during the preceding calendar year an average of at least 2 [,] employees, but not more than 50 employees, [a majority of whom are residents of this state,] who have a normal work week
κ1999 Statutes of Nevada, Page 2813 (CHAPTER 541, AB 680)κ
of 30 hours or more, and [which] who employs at least 2 employees on the first day of the plan year . [;
(b) Which was not formed primarily for the purpose of purchasing insurance; and
(c) In which a relationship between the employer and the employees exists in good faith.] For the purposes of determining the number of eligible employees, organizations which are affiliated or which are eligible to file a combined tax return for the purposes of taxation constitute one employer.
2. For the purposes of this section, organizations are affiliated if one directly, or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, the other, as determined pursuant to the provisions of NRS 692C.050.
Sec. 51. NRS 689C.106 is hereby amended to read as follows:
689C.106 Waiting period means the period established by a plan of health insurance that must pass before a person who is an eligible participant or beneficiary in a plan is covered for benefits under the terms of the plan. The term includes the period from the date a person submits an application to an individual carrier for coverage under a health benefit plan until the first day of coverage under that health benefit plan.
Sec. 52. NRS 689C.210 is hereby amended to read as follows:
689C.210 1. Except as otherwise provided in subsection 3, a carrier shall not increase the premium rate charged to a small employer for a new rating period by a percentage greater than the sum of:
(a) The percentage of change in the premium rate for new business for the policy under which the small employer is covered, measured from the first day of the previous rating period to the first day of the new rating period;
(b) An adjustment, not to exceed 15 percent annually, adjusted pro rata for rating periods of less than 1 year, on account of the claim experience, health status, or duration of coverage of the employees or dependents of the small employer as determined from the carriers rate manual for the class of business; and
(c) Any adjustment on account of change in coverage or change in the characteristics of the small employer as determined from the carriers rate manual for the class of business.
2. If the carrier no longer issues new policies for that class of business, the carrier shall use the percentage of change in the premium rate for new business for the class of business which is most similar to the closed class of business and for which the carrier is issuing new policies.
3. In the case of health benefit plans delivered or issued for delivery before January 1, 1996, for groups with [no] not fewer than 2 employees and [no] not more than 25 employees, or before July 1, 1997, for groups with [no] not fewer than 26 employees and [no] not more than 50 employees, a premium rate for a rating period may exceed the ranges set forth in [paragraphs (a) and (b) of subsection 1] NRS 689C.230 for a period of 3 years following that date. In that case, the percentage of increase in the premium rate charged to a small employer for a new rating period may not exceed the sum of:
κ1999 Statutes of Nevada, Page 2814 (CHAPTER 541, AB 680)κ
(a) The percentage of change in the premium rate for new business measured from the first day of the previous rating period to the first day of the new rating period. In the case of a health benefit plan into which the carrier is no longer enrolling new small employers, the carrier shall use the percentage of change in the base premium rate if that change does not exceed, on a percentage basis, the change in the premium rate for new business for the most similar health benefit plan into which the carrier is actively enrolling new small employers.
(b) Any adjustment on account of change in coverage or change in the characteristics of the small employer as determined from the carriers rate manual for the class of business.
Sec. 53. NRS 689C.270 is hereby amended to read as follows:
689C.270 1. The commissioner shall adopt regulations which require a carrier to file with the commissioner, for his approval, a disclosure offered by the carrier to a small employer. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the policy;
(b) Any restrictions on payments for emergency care, including, without limitation, related definitions of an emergency and medical necessity;
(c) The provision of the health benefit plan concerning the carriers right to change premium rates and the characteristics, other than claim experience, that affect changes in premium rates;
(d) The provisions relating to renewability of policies and contracts;
(e) The provisions relating to any preexisting condition; and
(f) Any other information that the commissioner finds necessary to provide for full and fair disclosure of the provisions of a policy or contract of insurance issued pursuant to this chapter.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the policy only, and that the policy itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
4. The carrier shall make available to a small employer or a producer acting on behalf of a small employer, upon request a copy of the disclosure approved by the commissioner pursuant to this section for policies of health insurance for which that employer may be eligible.
Sec. 54. (Deleted by amendment.)
Sec. 55. NRS 689C.610 is hereby amended to read as follows:
689C.610 As used in NRS 689C.610 to 689C.980, inclusive, and section 46 of this act, unless the context otherwise requires, the words and terms defined in NRS 689C.620 to 689C.730, inclusive, have the meanings ascribed to them in those sections.
Sec. 56. NRS 689C.870 is hereby amended to read as follows:
689C.870 1. If, in each of 2 consecutive years, the board determines that the amount of the assessment needed exceeds 5 percent of the total premiums earned in the previous calendar year from health benefit plans delivered or issued for delivery to small employers by reinsuring carriers, the program of reinsurance is eligible for additional funding pursuant to this section.
κ1999 Statutes of Nevada, Page 2815 (CHAPTER 541, AB 680)κ
program of reinsurance is eligible for additional funding pursuant to this section.
2. If, in each of 2 consecutive years, the board determines that the amount of the assessment needed exceeds 5 percent of the total premiums earned in the previous calendar year from health benefit plans delivered or issued for delivery to individuals by individual reinsuring carriers, the program of reinsurance is eligible for additional funding pursuant to this section.
3. To raise [such] the additional funding, the board shall establish a formula pursuant to which additional assessments may be made on all carriers that offer a health benefit plan or provide stop-loss coverage for a health benefit plan which is an [employee-sponsored] employer‑sponsored plan or a plan established pursuant to the Labor-Management Relations Act, 1947, as amended. The total additional assessments on all such carriers combined may not exceed one-half of 1 percent of the total premiums earned from all health benefit plans and stop-loss coverage issued in this state in the previous calendar year.
Sec. 57. NRS 690B.042 is hereby amended to read as follows:
690B.042 1. Except as otherwise provided in subsection 2, any party against whom a claim is asserted for compensation or damages for personal injury under a policy of motor vehicle insurance covering a private passenger car may require any attorney representing the claimant to provide to the party and his insurer or attorney, not more than once every 90 days, all medical reports [or] , records and bills concerning the claim.
2. In lieu of providing medical reports [or] , records and bills pursuant to subsection 1, the claimant or any attorney representing the claimant may [authorize in writing any provider of health care to provide to the party and his insurer or attorney photocopies of the medical reports or] provide to the party, his insurer or his attorney a written authorization to receive the reports, records and bills from the provider of health care. At the written request of the claimant or his attorney, copies of all reports, records and bills obtained pursuant to the authorization must be provided to the claimant or his attorney within 30 days after the date they are received. If the claimant or his attorney makes a written request for the reports, records and bills, the claimant or his attorney shall pay for the reasonable costs of copying the reports, records and bills.
3. Upon receipt of any photocopies of medical reports [or] , records and bills , or a written authorization pursuant to subsection 2, the insurer who issued the policy specified in subsection 1 shall, upon request, immediately disclose to the insured or the claimant all pertinent facts or provisions of the policy relating to any coverage at issue.
Sec. 58. NRS 692A.105 is hereby amended to read as follows:
692A.105 1. The commissioner may refuse to license any title agent or escrow officer or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
(a) In the case of a title agent, is insolvent or in such a financial condition that he cannot continue in business with safety to his customers;
κ1999 Statutes of Nevada, Page 2816 (CHAPTER 541, AB 680)κ
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;
(c) Has committed fraud in connection with any transaction governed by this chapter;
(d) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact known to him from, any principal or designated agent of the principal in the course of the escrow business;
(e) Has intentionally or knowingly made or caused to be made to the commissioner any false representation of a material fact or has suppressed or withheld from him any information which the applicant or licensee possesses;
(f) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
(g) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
(h) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner pursuant to the provisions of this chapter;
(i) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;
(j) In the case of a title agent, has failed to maintain complete and accurate records of all transactions within the last 7 years;
(k) Has commingled the money of [others] other persons with his own or converted the money of [others] other persons to his own use;
(l) Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow;
(m) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction; [or]
(n) In the case of an escrow officer, has been convicted of, or entered a plea of guilty or nolo contendere to, any crime involving moral turpitude [.] ; or
(o) Has failed to obtain and maintain a copy of the executed agreement or contract that establishes the conditions for the sale of real property.
2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission directly arising from the business activities of a title agent which would be cause for such action had the applicant or licensee been a natural person.
3. The commissioner may suspend or revoke the license of a title agent, or impose a fine, if the commissioner finds that the title agent:
(a) Failed to maintain adequate supervision of an escrow officer title agent he has appointed or employed.
κ1999 Statutes of Nevada, Page 2817 (CHAPTER 541, AB 680)κ
(b) Instructed an escrow officer to commit AN ACT which would be cause for the revocation of the escrow officers license and the escrow officer committed the act. An escrow officer is not subject to disciplinary action for committing such AN ACT under instruction by the title agent.
4. The commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
Sec. 59. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent authorized by federal law, the commissioner shall adopt regulations for the licensing of provider‑sponsored organizations in this state.
2. As used in this section, provider‑sponsored organization has the meaning ascribed to it in 42 U.S.C. § 1395w-25(d).
Sec. 60. NRS 695C.350 is hereby amended to read as follows:
695C.350 1. The commissioner may, in lieu of suspension or revocation of a certificate of authority under NRS 695C.330, levy an administrative penalty in an amount not [less than $1,000 nor] more than $2,500 [,] for each act or violation, if reasonable notice in writing is given of the intent to levy the penalty . [and the health maintenance organization has a reasonable time within which to remedy the defect in its operations which gave rise to the penalty citation.]
2. Any person who violates the provisions of this chapter is guilty of a misdemeanor.
3. If the commissioner or the state board of health for any reason have cause to believe that any violation of this chapter has occurred or is threatened, the commissioner or the state board of health may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in [such] the suspected violation, to arrange a conference with the alleged violators or their authorized representatives [for the purpose of attempting to ascertain] to attempt to determine the facts relating to [such] the suspected violation, and, [in the event] if it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing [such] the violation.
4. [Proceedings under subsection 3 shall] The proceedings conducted pursuant to the provisions of subsection 3 must not be governed by any formal procedural requirements, and may be conducted in such manner as the commissioner or the state board of health may deem appropriate under the circumstances.
5. The commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this chapter.
6. Within 30 days after service of the order [of] to cease and desist, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. [Such hearings shall be conducted pursuant to the Nevada Administrative Procedure Act, and judicial review shall] The hearing must be conducted pursuant to the provisions of chapter 233B of NRS and judicial review must be available as provided therein.
κ1999 Statutes of Nevada, Page 2818 (CHAPTER 541, AB 680)κ
pursuant to the Nevada Administrative Procedure Act, and judicial review shall] The hearing must be conducted pursuant to the provisions of chapter 233B of NRS and judicial review must be available as provided therein.
7. In the case of any violation of the provisions of this chapter, if the commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection 5, the commissioner may institute a proceeding to obtain injunctive relief, or seek other appropriate relief in the district court of the judicial district of the county in which the violator resides.
Secs. 61 and 62. (Deleted by amendment.)
Sec. 63. NRS 697.090 is hereby amended to read as follows:
697.090 1. A person in this state shall not act in the capacity of a bail agent, bail enforcement agent or bail solicitor, or perform any of the functions, duties or powers prescribed for a bail agent, bail enforcement agent or bail solicitor under the provisions of this chapter, unless that person is qualified and licensed as provided in this chapter. The commissioner may, after notice and a hearing, impose a fine of not more than $1,000 for each act or violation of the provisions of this subsection.
2. A person, whether or not located in this state, shall not act as or hold himself out to be a general agent unless qualified and licensed as such under the provisions of this chapter.
3. For the protection of the people of this state, the commissioner shall not issue or renew, or permit to exist, any license except in compliance with this chapter. The commissioner shall not issue or renew, or permit to exist, a license for any person found to be untrustworthy or incompetent, or who has not established to the satisfaction of the commissioner that he is qualified therefor in accordance with this chapter.
Sec. 63.5. NRS 697.100 is hereby amended to read as follows:
697.100 1. Except as otherwise provided in this section, no license may be issued:
(a) Except in compliance with this chapter.
(b) To a bail agent, bail enforcement agent or bail solicitor, unless he is a natural person.
2. A corporation may be licensed as a bail agent or bail enforcement agent if [ownership] :
(a) The corporation is owned and controlled by an insurer authorized to write surety in this state or a subsidiary corporation of such an insurer; or
(b) Ownership and control of the corporation is retained by one or more licensed agents.
3. This section does not prohibit two or more licensed bail agents from entering into a partnership for the conduct of their bail business. No person may be a member of such a partnership unless he is licensed pursuant to this chapter in the same capacity as all other members of the partnership. A limited partnership or a natural person may not have any proprietary interest, directly or indirectly, in a partnership or the conduct of business thereunder except licensed bail agents as provided in this chapter.
κ1999 Statutes of Nevada, Page 2819 (CHAPTER 541, AB 680)κ
Sec. 64. NRS 697.184 is hereby amended to read as follows:
697.184 1. An application for a license as a general agent must be accompanied by:
(a) Proof of the completion of a 6-hour course of instruction in bail bonds that is:
(1) Offered by a state or national organization of bail agents or another organization that administers training programs for general agents; and
(2) Approved by the commissioner.
(b) A written appointment by an authorized insurer as general agent, subject to the issuance of the license.
(c) A letter from a local law enforcement agency in the applicants county of residence which indicates that the applicant:
(1) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and
(2) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.
(d) A copy of the contract or agreement that authorizes the general agent to act as general agent for the insurer.
(e) Any other information the commissioner may require.
2. If the applicant for a license as a general agent is a firm or corporation, the application must include the names of the members, officers and directors and designate each natural person who is to exercise the authority granted by the license. Each person so designated must furnish information about himself as though the application were for an individual license.
Sec. 65. NRS 697.190 is hereby amended to read as follows:
697.190 1. [Every] Each applicant for a [bail agents or bail solicitors] license as a bail agent, bail solicitor or general agent must file with the application, and thereafter maintain in force while so licensed, a bond in favor of the people of the State of Nevada executed by an authorized surety insurer. The bond may be continuous in form with total aggregate liability limited to payment as follows:
(a) Bail agent............................................................................................ $25,000
(b) Bail solicitor.......................................................................................... 10,000
(c) General agent....................................................................................... 50,000
2. The bond must be conditioned upon full accounting and payment to the person entitled thereto of money, property or other matters coming into the licensees possession through bail bond transactions under the license.
3. The bond must remain in force until released by the commissioner, or canceled by the surety. Without prejudice to any liability previously incurred under the bond, the surety may cancel the bond upon 30 days advance written notice to the licensee and the commissioner.
Sec. 65.3. NRS 277.055 is hereby amended to read as follows:
277.055 1. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Nonprofit medical facility means a nonprofit medical facility in this or another state.
κ1999 Statutes of Nevada, Page 2820 (CHAPTER 541, AB 680)κ
(c) Public agency has the meaning ascribed to it in NRS 277.100, and includes any municipal corporation.
2. Any two or more public agencies or nonprofit medical facilities may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, as that term is defined in NRS 681A.020;
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070;
(e) Health insurance, as that term is defined in NRS 681A.030; or
(f) Insurance for any combination of these kinds.
3. Every such agreement must:
(a) Be ratified by formal resolution or ordinance of the governing body or board of trustees of each agency or nonprofit medical facility included;
(b) Be included in the minutes of each governing body or board of trustees, or attached in full to the minutes as an exhibit;
(c) Be submitted to the commissioner of insurance not less than 30 days before the date on which the agreement is to become effective for approval in the manner provided by NRS 277.150; and
(d) If a public agency is a party to the agreement, comply with the provisions of NRS 277.080 to 277.180, inclusive.
4. Each participating agency or nonprofit medical facility shall provide for any expense to be incurred under any such agreement.
Sec. 65.5. NRS 287.025 is hereby amended to read as follows:
287.025 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may, in addition to the other powers granted in NRS 287.010 and 287.020:
1. Negotiate and contract with any other such agency or with the committee on benefits for the states group insurance plan to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established or in the states group insurance plan . [; and] Each such contract:
(a) Must be submitted to the commissioner of insurance not less than 30 days before the date on which the contract is to become effective for approval.
(b) Does not become effective unless approved by the commissioner.
(c) Shall be deemed to be approved if not disapproved by the commissioner of insurance within 30 days after its submission.
2. To secure group health or life insurance for its officers and employees and their dependents, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to secure such insurance for its members from an insurer licensed pursuant to the provisions of Title 57 of NRS.
3. In addition to the provisions of subsection 2, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to:
κ1999 Statutes of Nevada, Page 2821 (CHAPTER 541, AB 680)κ
(a) Facilitate contractual arrangements for the provision of medical services to its members officers and employees and their dependents and for related administrative services.
(b) Procure health-related information and disseminate that information to its members officers and employees and their dependents.
Sec. 65.7. NRS 287.0434 is hereby amended to read as follows:
287.0434 The committee on benefits may:
1. Use its assets to pay the expenses of health care for its members and covered dependents, to pay its employees salaries and to pay administrative and other expenses.
2. Enter into contracts relating to the administration of a plan of insurance, including contracts with licensed administrators and qualified actuaries. Each such contract with a licensed administrator:
(a) Must be submitted to the commissioner of insurance not less than 30 days before the date on which the contract is to become effective for approval as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.
(b) Does not become effective unless approved by the commissioner.
(c) Shall be deemed to be approved if not disapproved by the commissioner of insurance within 30 days after its submission.
3. Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents.
4. Enter into contracts for the services of other experts and specialists as required by a plan of insurance.
5. Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the committee, the state or a participating public employer in administering a plan of insurance offered by that insurer, organization or corporation.
Sec. 66. NRS 616B.500 is hereby amended to read as follows:
616B.500 1. An insurer may enter into a contract to have his plan of insurance administered by a third-party administrator.
2. An insurer shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person maintains an office in this state and has a [valid] certificate issued by the commissioner pursuant to [NRS 683A.085.] section 14 of this act. The system may, as a part of a contract entered into with an organization for managed care pursuant to NRS 616B.515, require the organization to act as its third-party administrator.
Sec. 67. NRS 616B.503 is hereby amended to read as follows:
616B.503 1. A person shall not act as a third-party administrator for an insurer without a certificate issued by the commissioner pursuant to [NRS 683A.085.] section 14 of this act.
2. A person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS shall:
κ1999 Statutes of Nevada, Page 2822 (CHAPTER 541, AB 680)κ
(a) Administer from one or more offices located in this state all of the claims arising under each plan of insurance that he administers and maintain in those offices all of the records concerning those claims;
(b) Administer each plan of insurance directly, without subcontracting with another third-party administrator; and
(c) Upon the termination of his contract with an insurer, transfer forthwith to a certified third-party administrator chosen by the insurer all of the records in his possession concerning claims arising under the plan of insurance.
3. The commissioner may, under exceptional circumstances, waive the requirements of subsection 2.
Sec. 68. Section 38 of Senate Bill No. 37 of this session is hereby amended to read as follows:
Sec. 38. NRS 616B.500 is hereby amended to read as follows:
616B.500 1. An insurer may enter into a contract to have his plan of insurance administered by a third-party administrator.
2. An insurer shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person maintains an office in this state and has a certificate issued by the commissioner pursuant to section 14 of [this act. The system may, as a part of a contract entered into with an organization for managed care pursuant to NRS 616B.515, require the organization to act as its third-party administrator.] Assembly Bill No. 680 of this session.
Sec. 69. NRS 683A.0867, 686C.060 and 686C.085 are hereby repealed.
Sec. 70. Sections 20, 23 and 67 of this act become effective at 12:01 a.m. on October 1, 1999.
________
Assembly Bill No. 699Committee on Ways and Means
CHAPTER 542
AN ACT relating to projects of capital improvement; providing for the issuance of general obligation bonds of the state; requiring the repayment for certain projects by certain state agencies; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the consolidated bond interest and redemption fund; making appropriations; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $157,992,540 for the capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1999-2000 and 2000-2001 or otherwise described as follows: Description Project No.
κ1999 Statutes of Nevada, Page 2823 (CHAPTER 542, AB 699)κ
Description Project No. Amount
1. Capital improvements for the Department of Prisons:
Mens Prison No. 7 (Cold Creek State Prison), Phase II. 99-C1................................................................................ $34,705,851
Sewage plant improvements at SNCC, LCC, PCC and ECC 99-M27............................................................................. $616,388
Replace fire hydrants, Southern Nevada Correctional Center 99-M28................................................................................ $28,495
Repair 21 housing unit wing gates, Southern Desert Correctional Center............................................................................. 99-M29...................................................................................... $518,159
Improve shower stalls in housing units, Nevada State Prison 99-M30............................................................................. $198,959
Emergency generator replacement, Southern Desert Correctional Center............................................................................. 99-M32...................................................................................... $361,799
Replace control panel in unit 7, Northern Nevada Correctional Center.......................................................................... 99-M34L...................................................................................... $423,907
2. Capital improvements for the Office of the Military:
New supply administration facility, Carson City............. 99-C3................................................................................... $3,491,307
Enclose pavilion at Veterans Cemetery, Fernley............ 99-C9...................................................................................... $247,081
3. Capital improvements for the University and Community College System of Nevada:
Lied Library Furnishings, UNLV....................................... 99-C11................................................................................... $7,469,011
Law School Renovation, UNLV....................................... 99-C12................................................................................ $15,606,424
Redfield campus, phase I, UNR....................................... 99-C13................................................................................... $5,172,957
Science building on West Charleston campus, CCSN.. 99-C14................................................................................ $17,241,821
High-Tech Center, GBC..................................................... 99-C15................................................................................... $5,124,600
Student development center, TMCC............................... 99-C16................................................................................... $5,003,022
Library and student center, WNCC.................................. 99-C17................................................................................... $6,176,514
Wright Hall phase I advance planning, UNLV............ 99-C23L...................................................................................... $524,679
High-Tech learning center, Green Valley, CCSN......... 99-C28L................................................................................... $5,000,000
Medical school learning resource center, UNR............ 99-C29L................................................................................... $4,000,000
High-Tech learning center, TMCC................................. 99-C37L................................................................................... $5,000,000
Southern Nevada science center, DRI.......................... 99-C38L................................................................................... $1,500,000
Campus improvements, System......................................... 99-U1...................................................................................... $100,000
Campus improvements, UNLV........................................... 99-U2................................................................................... $2,975,976
Campus improvements, UNR............................................. 99-U3................................................................................... $4,109,823
Campus improvements, CCSN........................................... 99-U4................................................................................... $1,062,965
Campus improvements, DRI............................................... 99-U5...................................................................................... $354,412
Campus improvements, GBC............................................. 99-U6...................................................................................... $354,412
κ1999 Statutes of Nevada, Page 2824 (CHAPTER 542, AB 699)κ
Description Project No. Amount
Campus improvements, TMCC.......................................... 99-U7...................................................................................... $688,000
Campus improvements, WNCC......................................... 99-U8...................................................................................... $354,412
4. Capital improvements for the Department of Business and Industry:
Las Vegas building addition for Division of Agriculture, Las Vegas................................................................................. 99-C5...................................................................................... $287,585
5. Capital improvements for the State Department of Conservation and Natural Resources:
Expand shops and warehouses at the Tonopah, Ely and Indian Springs conservation camps.......................................... 99-C6...................................................................................... $484,698
Region 2 office, shop and storage complex for the Wildlife and State Parks divisions, Elko.......................................... 99-C18................................................................................... $1,154,586
Dispatch center expansion and remodel, Division of Forestry, Minden............................................................................ 99-C19...................................................................................... $139,179
6. Capital improvements for the Department of Human Resources:
SNAMHS, advance planning for psychiatric emergency crisis center................................................................................. 99-C7...................................................................................... $288,500
New mental health hospital, NMHI................................. 99-C21................................................................................ $10,030,132
Provide second exit from dormitories and install fire sprinklers at Caliente Youth Center................................................... 99-M1...................................................................................... $232,960
HVAC systems renovation, SNMRS/DRC, Las Vegas.. 99-M8...................................................................................... $854,901
Replace floor and wall coverings, SNAMHS, Las Vegas 99-M9........................................................................................ $62,288
Replace fencing and gates, SNAMHS, Las Vegas....... 99-M10...................................................................................... $302,260
Temperature control system upgrade, SNAMHS, Las Vegas 99-M11............................................................................. $206,756
Exterior lighting upgrade, SNAMHS, Las Vegas........... 99-M12........................................................................................ $93,950
Replace exterior wood doors for administration building, SNAMHS, Las Vegas.................................................. 99-M13........................................................................................ $52,705
Replace HVAC units in buildings 2A, 7, 8A, 8B and 8C, NMHI, Reno............................................................................... 99-M15...................................................................................... $101,678
Domestic water heater replacement in building 8, NMHI, Reno......................................................................................... 99-M16........................................................................................ $46,223
Upgrade restroom fixtures in buildings 7 and 8, SNCAS, Las Vegas.............................................................................. 99-M17........................................................................................ $68,148
Exterior safety lighting and pool cover, SNCAS, Las Vegas 99-M18............................................................................. $111,809
κ1999 Statutes of Nevada, Page 2825 (CHAPTER 542, AB 699)κ
Description Project No. Amount
HVAC system renovation in building 15, SNCAS, Las Vegas 99-M19................................................................................ $68,304
Replace windows in building 8, SNCAS, Las Vegas..... 99-M20........................................................................................ $41,217
Demolition of bowling alley at NNCH, Carson City.... 99-M21........................................................................................ $32,137
Repair/remodel multipurpose building and replace ceiling and wall covers in the gymnasium, NYTC, Elko........... 99-M22...................................................................................... $319,795
Install back-flow preventors, NMHI, Sparks................ 99-M24........................................................................................ $37,613
7. Capital improvements for the Department of Museums, Library and Arts:
Remodel old FIB building for Museums, Carson City. 99-C10...................................................................................... $286,017
8. Capital improvements for the Department of Administration:
Remodel Carson City Courthouse for the Office of the Attorney General.............................................................................. 99-C4................................................................................... $1,727,371
Co-op parking with Carson City....................................... 99-C20...................................................................................... $330,900
Fire alarm system upgrade and install fire sprinklers at Belrose Building, Las Vegas....................................................... 99-M2...................................................................................... $170,577
Upgrade Marlette water treatment plant, Carson City.. 99-M3........................................................................................ $60,810
Heating system replacement in buildings 12, 13, 17, 18, 89 and 160 at Stewart Complex, Carson City....................... 99-M4...................................................................................... $347,829
Sewer line upgrades, Phase II at Stewart Complex, Carson City........................................................................................... 99-M5...................................................................................... $177,762
Boiler replacement, Special Childrens Clinic, Reno...... 99-M6........................................................................................ $24,517
Sewer line upgrades, Phase II at Clear Creek Facility, Carson City........................................................................................... 99-M7...................................................................................... $193,403
Statewide roofing program................................................... 99-S1................................................................................... $1,753,854
Statewide ADA program....................................................... 99-S2................................................................................... $1,954,571
Statewide fire sprinkler program.......................................... 99-S3...................................................................................... $366,866
Advance planning for 2001 CIP program...................... 99-S4A........................................................................................ $50,513
Advance planning through construction documents for addition and remodel of Special Childrens Clinic, Reno...... 99-S4B...................................................................................... $111,097
Advance planning through construction documents for central administration building, MH/MR, Las Vegas.......... 99-S4C...................................................................................... $366,500
κ1999 Statutes of Nevada, Page 2826 (CHAPTER 542, AB 699)κ
Description Project No. Amount
Advance planning through construction documents for records center in southern Nevada, MLA............................... 99-S4D...................................................................................... $155,192
Advance planning through construction documents for visitors center at Mormon Fort, Las Vegas............................ 99-S4E...................................................................................... $100,000
Statewide paving.................................................................... 99-S5...................................................................................... $804,117
Statewide asbestos, lead and indoor air quality program 99-S6................................................................................... $1,314,299
Statewide underground storage tank removal program.. 99-S7...................................................................................... $490,109
9. Capital improvements for the Department of Information Technology:
Capitol Complex conduit system, phase II, Carson City 99-C8................................................................................... $1,872,395
Chiller replacement at computer facility, Carson City 99-M25...................................................................................... $291,415
Upgrade building data systems/wiring for Capitol Complex and Sawyer Building, Carson City and Las Vegas........ 99-M26................................................................................... $1,614,028
Sec. 2. 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $407,649 for capital improvement project 99-C39L, various general improvements at the Old Las Vegas Mormon Fort, Phase 1B.
2. The proceeds of the bonds issued pursuant to this section must be allocated to the State Department of Conservation and Natural Resources. The State Department of Conservation and Natural Resources shall administer the project.
3. The Legislature finds and declares that the issuance of bonds pursuant to this section is necessary for the protection and preservation of the property of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Constitution of the State of Nevada.
Sec. 3. Any remaining balance of the allocated amounts authorized in sections 1 and 2 of this act must not be committed for expenditure after June 30, 2003, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
Sec. 4. 1. The State Controller may advance temporarily from the state general fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Board or the State Department of Conservation and Natural Resources, until the date on which bonds authorized by sections 1 and 2 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in sections 1 and 2 of this act. The State Controller shall not advance more than the face amount of the
κ1999 Statutes of Nevada, Page 2827 (CHAPTER 542, AB 699)κ
bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.
2. The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the state general fund to the State Public Works Board or the State Department of Conservation and Natural Resources pursuant to subsection 1.
Sec. 5. 1. If the University and Community College System of Nevada determines that all or a portion of the amounts allocated pursuant to section 1 of this act for project 99-C16, student development center, TMCC, are not needed to complete the project because there is sufficient money available from other sources to complete the project, the University and Community College System of Nevada shall notify the State Public Works Board of that determination in writing. A notification provided pursuant to this section must specify the amount allocated pursuant to section 1 of this act for project 99-C16 that is not needed to complete the project.
2. Upon the receipt of notification from the University and Community College System of Nevada that all or a portion of the amounts allocated pursuant to section 1 of this act for project 99-C16, student development center, TMCC, are not needed to complete the project, the State Public Works Board shall transfer the amount specified in the notification to support the Board in carrying out the program of capital improvements summarized in this section. The amount specified in the notification must be allocated in the manner prescribed in this section to projects numbered and described in the executive budget for the fiscal years 1999-2000 and 2000-2001 or otherwise described as follows:
Description Project No. Amount
Capital improvements for the University and Community College System of Nevada:...........................................................................
Addition to student services building, UNLV............... 99-C22L. 80 percent
High-Tech Center, Pahrump........................................... 99-C25L. 10 percent
Advance planning, Getchell library addition, UNR.... 99-S4GL. 10 percent
3. If the State Public Works Board makes a transfer pursuant to subsection 2, the Manager of the State Public Works Board shall notify:
(a) The Budget Division of the Department of Administration; and
(b) The Legislature or, if the Legislature is not in session, the Interim Finance Committee,
of the transfer made pursuant to this section.
4. Any remaining balance of the allocated amounts authorized in subsection 2 must not be committed for expenditure after June 30, 2003, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2828 (CHAPTER 542, AB 699)κ
Sec. 6. Commencing on July 1, 2001, the Department of Information Technology shall repay in annual installments to the State Treasurer for deposit to the bond interest and redemption account in the consolidated bond interest and redemption fund the cost of project 99-C8, Capitol Complex conduit system, phase II, project 99-M25, chiller replacement at computer facility, and project 99-M26, upgrade building data systems/wiring for Capitol Complex and Sawyer Building. Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 7. There is hereby appropriated from the state highway fund to the State Public Works Board the sum of $11,796,898 to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1999-2000 and 2000-2001 or otherwise described as follows:
Description Project No. Amount
1. New highway patrol building, Las Vegas......................... 99-H1 $10,770,364
2. Covered parking at highway patrol facility, Las Vegas 99-H2 $84,350
3. Capitol Complex conduit system...................................... 99-C8 $279,443
4. Upgrade building data systems/wiring.......................... 99-M26 $466,858
5. Statewide paving................................................................... 99-S5 $195,883
Sec. 8. 1. The State Public Works Board shall obtain approval for the siting and location of project 99-H1, new highway patrol building in Las Vegas, from the Interim Finance Committee or the Legislature if in session, before expending funding for the design of the facility.
2. The State Public Works Board shall not expend the $2,000,000 designated for the costs of acquiring the property on which the facility will be located for any purpose other than for the purpose of acquiring the property on which the facility will be located.
Sec. 9. 1. Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by section 7 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.
2. Any remaining balance of the $2,000,000 that is designated for the acquisition of the property on which project 99-H1, new highway patrol building, Las Vegas, will be located must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 10. The amounts appropriated pursuant to section 7 of this act from the state highway fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the state highway fund until required to make contract payments.
Sec. 11. There is hereby appropriated from the penalties and interest account maintained by the Employment Security Division of the Department of Employment, Training and Rehabilitation to the State Public Works Board the sum of $525,991 to support the Board in carrying out the program of capital improvements summarized in this section.
κ1999 Statutes of Nevada, Page 2829 (CHAPTER 542, AB 699)κ
capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1999-2000 and 2000-2001 or otherwise described as follows:
Description Project No. Amount
1. Capitol Complex conduit system, Carson City.............. 99-C8 $30,523
2. Upgrade building data systems/wiring, Carson City... 99-M26 $103,136
3. Statewide roofing.................................................................. 99-S1 $392,332
Sec. 12. The State Public Works Board shall transfer the sum of $60 from the amount allocated pursuant to section 5 of chapter 613, Statutes of Nevada 1989, at pages 1372 and 1373, for project 89-39, State Library, Carson City, to projects as authorized in section 18 of this act.
Sec. 13. The State Public Works Board shall transfer the sum of $63,120 from the amounts allocated pursuant to section 4 of chapter 497, Statutes of Nevada 1991, at pages 1526, 1527 and 1528, from the projects identified in this section to projects as authorized in section 18 of this act:
Description Project No. Amount
1. Chemistry/physics building, UNLV .................................. 91-D8 $3,894
2. Architecture building, UNLV............................................ 91-D12 $32,227
3. Regional medical facility.................................................. 91-C12 $26,999
Sec. 14. The State Public Works Board shall transfer the sum of $21,450 from the interest on the proceeds of the bonds issued pursuant to section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, for project 91-C15, classroom and office complex, UNLV, to projects as authorized in section 18 of this act.
Sec. 15. The State Public Works Board shall transfer the sum of $514,246 from the amounts allocated or appropriated pursuant to sections 1, 7 and 14 of chapter 351, Statutes of Nevada 1993, at pages 1126 to 1131, inclusive, from the projects identified in this section to projects as authorized in section 18 of this act:
Description Project No. Amount
1. Waterproof underground electrical system, SNCC....... 93-M5 $480
2. Roofing, statewide................................................................ 93-S1 $140,000
3. Fire sprinklers......................................................................... 93-S3 $373,766
Sec. 16. The State Public Works Board shall transfer the sum of $638,827 from the amounts appropriated pursuant to section 1 of chapter 619, Statutes of Nevada 1995, at pages 2331 to 2335, inclusive, from the projects identified in this section to projects as authorized in section 18 of this act:
κ1999 Statutes of Nevada, Page 2830 (CHAPTER 542, AB 699)κ
Description Project No. Amount
1. Renovate Kyle Canyon Fire Station #1, Division of Forestry 95-M19................................................................................................... $26,499
2. Conservation camp shop expansion, Jean Conservation Camp, Division of Forestry......................................................................... 95-M22 $9,804
3. Advance planning UNLV, Wright Hall renovation and addition, UNLV................................................................................................. 95-S4B $3,750
4. Advance design of UNLV library, UNLV........................ 95-G2 $14,000
5. Maintenance and renovation, NMHI, Sparks............. 95-M20 $90,569
6. Lovelock Correctional Center, Phase II........................... 95-C1 $359,864
7. Replace/relocate generators, NSP, Carson City.......... 95-M13 $22,482
8. Americans with Disabilities Act, statewide....................... 95-S2 $45,429
9. Advance planning for 1997 CIP program, statewide.. 95-S4G $13,699
10. Protect adobe at Lost City Museum, Overton.......... 95-M29 $42,683
11. Douglas county branch, WNCC.................................... 95-L14 $10,048
Sec. 17. The State Public Works Board shall transfer the sum of $2,820,326 from the amounts allocated or appropriated pursuant to sections 1, 10 and 17 of chapter 478, Statutes of Nevada 1997, at pages 1827 to 1835, inclusive, from the projects identified in this section to projects as authorized in section 18 of this act:
Description Project No. Amount
1. Advanced planning for state area command complex 97-S4A $310,000
2. Advance planning for relocation of southern Nevada museum 97-S4I....................................................................................... $138,038
3. Purchase and renovate old FIB building.......................... 97-C2 $7,500
4. Lied Library, UNLV........................................................... 97-C15 $2,000,000
5. Advance planning for 1999 CIP program..................... 97-S4D $85,788
6. Advance planning for southern Nevada records center 97-S4J $4,000
7. Statewide underground storage tank removal................. 97-S7 $100,000
8. Replace campus exterior lighting, NMHI..................... 97-M19 $175,000
Sec. 18. The State Public Works Board shall use the $4,058,029 transferred from the projects identified in sections 12 to 17, inclusive, of this act to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1999-2000 and 2000-2001 or otherwise described as follows:
κ1999 Statutes of Nevada, Page 2831 (CHAPTER 542, AB 699)κ
Description Project No. Amount
1. New supply administration facility, Office of the Military, Carson City.......................................................................................... 99-C3 $310,000
2. Expand shops and warehouses at the Tonopah, Ely and Indian Springs Conservation Camps, Division of Forestry...................... 99-C6 $36,303
3. Remodel old FIB building for Museums, Carson City 99-C10 $145,598
4. Lied Library Furnishings, UNLV..................................... 99-C11 $2,000,000
5. Library and student services building, WNCC.............. 99-C17 $10,048
6. Wright Hall phase I advance planning, UNLV.......... 99-C23L $75,321
7. Replace HVAC units, NMHI.......................................... 99-M15 $175,000
8. Install back-flow preventors, NMHI, Sparks............... 99-M24 $90,569
9. Replace fire hydrants, SNCC.......................................... 99-M28 $59,825
10. Repair flooring and walls in culinary, LCC............. 99-M33L $350,000
11. Statewide roofing program............................................... 99-S1 $140,000
12. Statewide ADA program................................................... 99-S2 $45,429
13. Omega fire sprinkler program........................................ 99-S3L $373,766
14. Advance planning for 2001 CIP program.................. 99-S4A $99,487
15. Advance planning through construction documents for records center in southern Nevada, MLA.................................................. 99-S4D $46,683
16. Statewide underground storage tank removal program 99-S7 $100,000
Sec. 19. Any remaining balance of the allocated amounts in section 18 of this act must not be committed for expenditure after June 30, 2003, and reverts to the fund of origin as soon as all payments of money committed have been made.
Sec. 20. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized for the following projects numbered and described in the executive budget for the fiscal years 1999-2000 and 2000-2001 or otherwise described as follows:
Description Project No. Amount
1. Mens Prison No. 7 (Cold Creek State Prison), Phase II 99-C1 $10,990,000
2. New supply administration facility for the Office of the Military, Carson City.......................................................................................... 97-C3 $7,339,027
3. Las Vegas building addition for Division of Agriculture, Las Vegas.................................................................................................... 99-C5 $46,816
4. Capitol Complex conduit system, Carson City.............. 99-C8 $251,249
κ1999 Statutes of Nevada, Page 2832 (CHAPTER 542, AB 699)κ
Description Project No. Amount
5. Enclose pavilion at Veterans Cemetery, Fernley.......... 99-C9 $988,324
6. Remodel old FIB building for Museums, Carson City 99-C10 $50,000
7. Law school renovation, UNLV........................................ 99-C12 $600,000
8. Redfield campus, phase I, UNR...................................... 99-C13 $7,440,000
9. Science building on West Charleston Campus, CCSN 99-C14 $10,000,000
10. Hi-tech center, GBC, Elko.............................................. 99-C15 $500,000
11. Student development center, TMCC........................... 99-C16 $3,000,000
12. Region 2 office, shop and storage complex for the Wildlife and State Parks divisions, Elko.............................................................. 99-C18 $1,000,000
13. Co-op parking with Carson City................................... 99-C20 $165,400
14. Hi-tech learning center, Green Valley, CCSN.......... 99-C28L $1,000,000
15. Medical school learning resource center, UNR........ 99-C29L $6,000,000
16. Southern Nevada science center, DRI...................... 99-C38L $1,000,000
17. Upgrade building data systems/wiring, Carson City 99-M26 $206,270
18. Replace vehicle gate, SDCC......................................... 99-M31 $188,198
19. Statewide roofing program............................................... 99-S1 $213,814
20. Advance Planning through construction documents for a new petroleum lab addition to the Division of Agriculture weights and measures facility, Sparks ............................................................. 99-S4FL $64,283
Sec. 21. 1. The State Controller may advance temporarily from the state general fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Board, until the date on which the sums not appropriated from the state general fund or the state highway fund for project 99-C1, Mens Prison No. 7 (Cold Creek State Prison), Phase II, are received, amounts necessary to facilitate the start of the project. The State Controller shall not advance more than the amount authorized for the project pursuant to section 20 of this act. The advanced amounts must be repaid immediately to the state general fund upon the receipt of the sums not appropriated from the state general fund or the state highway fund.
2. The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the state general fund to the State Public Works Board pursuant to subsection 1.
Sec. 22. Except as otherwise provided in section 2 of this act, the State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The Board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.
κ1999 Statutes of Nevada, Page 2833 (CHAPTER 542, AB 699)κ
Sec. 23. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Board to expedite the completion of the project.
Sec. 24. 1. An ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1999, and ending June 30, 2000, and an ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 2000, and ending June 30, 2001. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of minerals and excluding such property as is by law exempt from taxation.
2. The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.
Sec. 25. 1. On or before July 1, 1999, and July 1, 2000, the State Controller shall estimate the amount of proceeds of the tax levied by section 24 of this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The State Controller may revise the estimate and amount reserved.
2. If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection 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.
3. The State Controller shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;
(b) The amount of money transferred from the state general fund pursuant to subsection 2; and
(c) The amount of money which reverts to the state general fund pursuant to subsection 2.
Sec. 26. The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 70th session of the Nevada Legislature from the proceeds of those bonds.
Sec. 27. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized from the consolidated bond interest and redemption fund in the amount of $69,300,982 for the fiscal year beginning July 1, 1999, and ending June 30, 2000, and in the amount of $75,252,778 for the fiscal year beginning July 1, 2000, and ending June 30, 2001.
κ1999 Statutes of Nevada, Page 2834 (CHAPTER 542, AB 699)κ
$69,300,982 for the fiscal year beginning July 1, 1999, and ending June 30, 2000, and in the amount of $75,252,778 for the fiscal year beginning July 1, 2000, and ending June 30, 2001.
Sec. 28. With the approval of the Interim Finance Committee, the State Public Works Board and the University and Community College System of Nevada may transfer appropriated and authorized money from one project to another within the same agency or within the University and Community College System of Nevada for those projects listed in sections 1, 7, 11, 18, 20 and 30 of this act.
Sec. 29. The State Public Works Board shall let a single contract for project number 99-C1, Mens Prison No. 7 (Cold Creek State Prison), phase II. The contract for construction is exempt from the provisions relating to bids in NRS 341.145 to 341.151, inclusive.
Sec. 30. The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the special capital construction fund for higher education, except any amount of that money that is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Board for the following capital improvement projects for the University and Community College System of Nevada:
Description Project No. Amount
1. Campus improvements, UNLV...................................... 99-U2L $1,628,424
2. Campus improvements, UNR......................................... 99-U3L $2,678,177
3. Campus improvements, CCSN....................................... 99-U4L $287,035
4. Campus improvements, DRI.......................................... 99-U5L $79,188
5. Campus improvements, GBC......................................... 97-U6L $272,588
6. Campus improvements, WNCC..................................... 99-U8L $54,588
Sec. 31. Any remaining balance of the appropriation made by section 30 of this act must not be committed for expenditure after June 30, 2003, and reverts to the fund of origin as soon as all payments of money committed have been made.
Sec. 32. Section 26 of chapter 619, Statutes of Nevada 1995, as amended by section 30 of chapter 478, Statutes of Nevada 1997, at page 1837, is hereby amended to read as follows:
Sec. 26. 1. Except as otherwise provided in [subsection 2,] this section, any remaining balance of the appropriations made by sections 1 and 19 of chapter 619, Statutes of Nevada 1995, 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.
2. [Any] Except as otherwise provided in subsection 3, any remaining balance of the appropriations made by section 1 of chapter 619, Statutes of Nevada 1995, for projects enumerated in section 16 of [this act,] chapter 478, Statutes of Nevada 1997, at page 1833, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2835 (CHAPTER 542, AB 699)κ
3. Any remaining balance of the appropriations made by section 1 of chapter 619, Statutes of Nevada 1995, at page 2331, for projects enumerated in section 16 of this act, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
4. Any remaining balance of the appropriations made by section 1 of chapter 619, Statutes of Nevada 1995, at page 2331, for the following projects, must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made:
Description Project No.
(a) Improve fire safety in 11 buildings — SNAMHS/SNCAS, Las Vegas 95-M8
(b) Roofing inventory, statewide........................................................... 95-S4I
(c) Paving, statewide.................................................................................. 95-S5
(d) Culinary renovation and addition, NSP, Carson City................. 95-G5
(e) Security/electronics upgrade, NNCC, Carson City...................... 95-M6
(f) Install generators and add lightning protection, HCC, JCC, WCC, ESP and TCC...................................................................................................... 95-M12
(g) Repair utilities, SDCC, Indian Springs....................................... 95-M14
(h) Replace windows, units 1 through 4, NNCC, Carson City...... 95-M25
(i) Garbage truck wash area, NNCC, Carson City.......................... 95-M35
(j) Connect city sewer to Jones Street NDI Facility, Las Vegas... 95-M37
(k) Exterior painting of 9 armories.................................................... 95-M28
(l) Kitchen renovations at 9 armories................................................ 95-M43
5. Any remaining balance of the appropriation made by section 1 of chapter 619, Statutes of Nevada 1995, at page 2331, for project 95-M27, repair utilities in main building basement, NSP, Carson City, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 33. Section 27 of chapter 619, Statutes of Nevada 1995, as amended by section 30 of chapter 478, Statutes of Nevada 1997, at page 1837, is hereby amended to read as follows:
Sec. 27. 1. Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts authorized in section 11 of chapter 619, Statutes of Nevada 1995, must not be committed for expenditure after June 30, 1999, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2836 (CHAPTER 542, AB 699)κ
2. Any remaining balance of the allocated amounts authorized in section 11 of chapter 619, Statutes of Nevada 1995, for projects enumerated in section 16 of [this act,] chapter 478, Statutes of Nevada 1997, at page 1833, must not be committed for expenditure after June 30, 2001, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
3. Any remaining balance of the appropriations made by section 11 of chapter 619, Statutes of Nevada 1995, at page 2337, for the following projects, must not be committed for expenditure after June 30, 2000, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made:
Description Project No.
(a) Addition to Lakes Crossing, division of MH/MR, Sparks.......... 95-C3
(b) Education building, UNR, UCCSN, Reno...................................... 95-C7
(c) Northern Science Center, DRI, UCCSN, Reno............................ 95-C10
Sec. 34. Section 3 of chapter 478, Statutes of Nevada 1997, at page 1831, is hereby amended to read as follows:
Sec. 3. [Any]
1. Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by section 1 of [this act] chapter 478, Statutes of Nevada 1997, at page 1827, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
2. Any remaining balance of the appropriations made by section 1 of chapter 478, Statutes of Nevada 1997, at page 1827, for projects enumerated in section 17 of this act, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 35. Section 11 of chapter 478, Statutes of Nevada 1997, at page 1832, is hereby amended to read as follows:
Sec. 11. [Any]
1. Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 10 of [this act] chapter 478, Statutes of Nevada 1997, at page 1832, must not be committed for expenditure after June 30, 2001, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
2. Any remaining balance of the allocated amounts authorized in section 10 of chapter 478, Statutes of Nevada 1997, at page 1832, for projects enumerated in section 17 of this act, must not be committed for expenditure after June 30, 2003, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2837 (CHAPTER 542, AB 699)κ
interest and redemption fund as soon as all payments of money committed have been made.
Sec. 36. Section 18 of chapter 478, Statutes of Nevada 1997, at page 1835, is hereby amended to read as follows:
Sec. 18. [Any]
1. Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts in section 17 of [this act] chapter 478, Statutes of Nevada 1997, at page 1834, must not be committed for expenditure after June 30, 2001, and reverts to the fund of origin as soon as all payments of money committed have been made.
2. Any remaining balance of the allocated amounts in section 17 of chapter 478, Statutes of Nevada 1997, at page 1834, for projects enumerated in section 17 of this act, must not be committed for expenditure after June 30, 2003, and reverts to the fund of origin as soon as all payments of money committed have been made.
Sec. 37. This act becomes effective upon passage and approval.
________
Assembly Bill No. 700Committee on Ways and Means
CHAPTER 543
AN ACT relating to education; renaming the fund for class-size reduction as the fund for school improvement; making appropriations to the state distributive school account for purposes relating to class-size reduction; making supplemental appropriations to the fund for class-size reduction to cover certain shortfalls in revenue; requiring the transfer of money from the fund for school improvement to provide scholarships for students pursuing degrees in teaching; and providing other matters properly relating thereto.
[Approved June 9, 1999]
Whereas, The intended goal of the legislature is to achieve a pupil-teacher ratio of not more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught; and
Whereas, Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in fiscal years 1999-2000 and 2000-2001, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in fiscal years 1999-2000 and 2000-2001; and
Whereas, Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3; and
Whereas, It is unreasonable to assign two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3; and
κ1999 Statutes of Nevada, Page 2838 (CHAPTER 543, AB 700)κ
Whereas, School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by utilizing alternative methods of reducing the ratio, such as employing teachers to provide remedial instruction; and
Whereas, School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement; and
Whereas, The legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts; and
Whereas, School districts are encouraged, to the extent possible, to reduce the pupil-teacher ratio in each classroom in the district in the grades for which additional funding is provided; and
Whereas, With this act, the legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the state and to continue reducing the pupil-teacher ratio in grade 3; and
Whereas, Thereafter, the intended goal of the legislature is to reduce the pupil-teacher ratio per class in grade 3 to not more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to not more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to not more than 25 pupils per class; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 375A.700 is hereby amended to read as follows:
375A.700 1. The department shall deposit all payments received pursuant to NRS 375A.100 in the state treasury:
(a) For credit to the estate tax account in the state general fund, an amount determined by the department as necessary to pay the costs of administration of this chapter and to refund any overpayments of tax.
(b) For credit to the estate tax account in the endowment fund of the University and Community College System of Nevada, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
(c) For credit to the fund for [class-size reduction,] school improvement created pursuant to NRS 388.730, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
2. The interest earned on the money in the estate tax account must be credited to the account.
Sec. 2. NRS 388.730 is hereby amended to read as follows:
388.730 1. There is hereby created as a special revenue fund, the fund for [class-size reduction] school improvement to be administered by the superintendent of public instruction. The superintendent may accept gifts and grants from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may only be reduced pursuant to subsection 3 or by specific legislative action.
κ1999 Statutes of Nevada, Page 2839 (CHAPTER 543, AB 700)κ
2. The interest and income earned from the money in the fund must be used by the superintendent to carry out [the purposes of the plans adopted to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 before it is used for any other purpose.] programs of school improvement identified by the legislature. No such expenditure may be made unless authorized by the legislature or by the interim finance committee if the legislature is not in session.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee, or the senate committee on finance and the assembly committee on ways and means when the legislature is in session, that the amount so needed be transferred from the fund to the state general fund. Upon approval of the appropriate committee or committees, the money may be so transferred.
Sec. 3. 1. There is hereby appropriated from the state general fund to the state distributive school account the sum of $82,900,087 for distribution by the superintendent of public instruction to the county school districts for fiscal year 1999-2000 which must, except as otherwise provided in sections 6 and 9 of this act, be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the state distributive school account. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 2000, and must be transferred and added to the money appropriated to the state distributive school account pursuant to section 4 of this act for the 2000-2001 fiscal year, and may be expended as that money is expended.
2. Except as otherwise provided in sections 6 and 9 of this act, the money appropriated by subsection 1 must be used to pay the salaries and benefits of not less than 1,786 teachers employed by school districts to meet the required pupil-teacher ratios in the 1999-2000 school year.
Sec. 4. 1. There is hereby appropriated from the state general fund to the state distributive school account the sum of $86,880,711 for distribution by the superintendent of public instruction to the county school districts for fiscal year 2000-2001 which must, except as otherwise provided in sections 6 and 9 of this act, be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the state distributive school account. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2840 (CHAPTER 543, AB 700)κ
2. Except as otherwise provided in sections 6 and 9 of this act, the money appropriated by subsection 1 must be used to pay the salaries and benefits of not less than 1,826 teachers employed by school districts to meet the required pupil-teacher ratios in the 2000-2001 school year.
Sec. 5. The board of trustees of each county school district:
1. Shall file a plan with the superintendent of public instruction describing how the money appropriated by sections 3 and 4 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3; or
2. May, after receiving approval of the plan from the superintendent of public instruction, use money appropriated by sections 3 and 4 of this act to carry out an alternative program for reducing the ratio of pupils per teacher or to carry out programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 1996-1997 school year. The plan approved by the superintendent of public instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial programs in improving pupil achievement.
Sec. 6. 1. The money appropriated for class-size reduction pursuant to sections 3 and 4 of this act:
(a) May be applied first to pupils considered most at risk of failure.
(b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
2. The money appropriated for class-size reduction pursuant to sections 3 and 4 of this act must not be distributed to a school district unless that school district has:
(a) Filed with the department of education a plan for achieving the required ratio set forth in NRS 388.700; and
(b) Demonstrated that, from resources of the school district other than allocations received from the state distributive school account for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for each grade in that school district for the 3 school years immediately preceding the start of the class-size reduction program in the 1990-1991 school year.
Sec. 7. 1. There is hereby appropriated from the state general fund to the fund for class-size reduction created by NRS 388.730, the sum of $856,633 to cover a shortfall in estate tax revenue in fiscal year 1997-1998. This appropriation is supplemental to that made by section 1 of chapter 245, Statutes of Nevada 1997, at page 868.
κ1999 Statutes of Nevada, Page 2841 (CHAPTER 543, AB 700)κ
2. Any remaining balance of the supplemental appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the fund for school improvement created by NRS 388.730, as amended by section 2 of this act, as soon as all payments of money committed have been made.
Sec. 8. 1. There is hereby appropriated from the state general fund to the fund for class-size reduction created by NRS 388.730, the sum of $4,226,953 to cover a shortfall in estate tax revenue in fiscal year 1998-1999. This appropriation is supplemental to that made by section 2 of chapter 245, Statutes of Nevada 1997, at page 868.
2. Any remaining balance of the supplemental appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the fund for school improvement created by NRS 388.730, as amended by section 2 of this act, as soon as all payments of money committed have been made.
Sec. 9. 1. The Elko County School District is hereby authorized to use money appropriated by sections 3 and 4 of this act to carry out a demonstration project in which pupil-teacher ratios of 22 to 1 are established in kindergarten and grades 1 to 5, inclusive, in school years 1999-2000 and 2000-2001 in order to eliminate team teaching.
2. The Elko County School District shall evaluate the effectiveness of its demonstration project in improving pupil achievement and shall report its findings in an interim report to the legislative committee on education on or before February 15, 2000, and a final report to the legislature on or before February 15, 2001.
Sec. 10. Any money remaining in the fund for class-size reduction created by NRS 388.730 must, at the close of fiscal year 1998-1999, be transferred to the fund for school improvement created by NRS 388.730, as amended by section 2 of this act.
Sec. 11. 1. The superintendent of public instruction shall transfer from the fund for school improvement to the University and Community College System of Nevada the sum of $130,680 to be used to provide not more than 45 scholarships at the University of Nevada, Las Vegas, and not more than 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching.
2. Any remaining balance of the sum authorized for expenditure by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the fund for school improvement as soon as all payments of money committed have been made.
Sec. 12. 1. This section and sections 7, 8 and 10 of this act become effective upon passage and approval.
2. Sections 1, 2, 3, 5, 6, 9 and 11 of this act become effective on July 1, 1999.
3. Section 4 of this act becomes effective on July 1, 2000.
________
κ1999 Statutes of Nevada, Page 2842κ
Senate Bill No. 560Committee on Finance
CHAPTER 544
AN ACT relating to governmental administration; making appropriations to various projects and programs that benefit the residents of this state; establishing a position of Weed Control Analyst and providing the powers and duties of the position; advancing the effective date of certain previously enacted provisions concerning the governmental regulation of the practice of dentistry; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the State Department of Agriculture the sum of $10,000 to establish and maintain a program for the eradication and control of nests and colonies of ants of the genus and species Solenopsis invicta or Solenopsis richteri, or a hybrid of either, and bees of the genus, species and subspecies Apis mellifera scutellata, or a hybrid thereof.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the State Department of Agriculture to carry out the provisions of sections 33 and 34 of this act:
For the fiscal year 1999-2000...................................................................... $46,764
For the fiscal year 2000-2001...................................................................... $54,845
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. 3. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $200,000 for a Program Coordinator, additional staff person, and program and office expenses to continue the Nevada Humanities Committee Office in southern Nevada.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. 1. There is hereby appropriated from the state general fund to the Department of Education for distribution to school districts to purchase library books:
For the fiscal year 1999-2000.................................................................... $374,000
For the fiscal year 2000-2001.................................................................... $374,000
2. Except as otherwise provided in subsection 7, the board of trustees of a school district may submit an application to the Department of Education for a grant of money from the appropriation made by subsection 1 on a form provided by the Department of Education.
κ1999 Statutes of Nevada, Page 2843 (CHAPTER 544, SB 560)κ
provided by the Department of Education. Such an application must include a description of the:
(a) Amount of money expended by the school district, excluding gifts and grants, in the immediately preceding year for the purchase of library books for use in the media centers of school libraries within the school district; and
(b) Financial needs of the school district to maintain an adequate supply of library books in the media centers of school libraries within the school district.
3. Upon receipt of such an application, the Department of Education shall review the application to determine whether it is complete. Except as otherwise provided in subsection 7, the Department of Education shall approve an application if it is complete.
4. The Department of Education shall apportion the money available for each fiscal year among the school districts whose applications have been approved. Each school district is entitled to receive, within the limits of money available, an amount equal to not more than 50 percent of the money that the school district expended, excluding gifts and grants, on the purchase of library books for use in the media centers of school libraries in the immediately preceding year.
5. The board of trustees of a school district that receives a grant of money pursuant to subsection 4 shall use the money to purchase library books for use in the media centers of school libraries.
6. The board of trustees of a school district that receives a grant of money pursuant to subsection 4 shall not use the money to:
(a) Supplant or cause to be reduced any other source of funding for the media centers of school libraries within the school district.
(b) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.
(c) Adjust the schedules of salaries and benefits of the employees of the school district.
7. If the board of trustees of a school district receives a grant of money pursuant to subsection 4 for the fiscal year 1999-2000 and the board of trustees does not expend at least the amount of money, excluding gifts and grants, that the board of trustees expended in the immediately preceding year on the purchase of library books for media centers of school libraries, the board of trustees is not eligible to apply for a grant of money for the fiscal year 2000-2001. If the Department of Education receives an application from a school district and, upon review of the information contained in the application described in paragraph (a) of subsection 2, the Department determines that the board of trustees did not expend at least the amount of money that the board of trustees expended in the immediately preceding year on the purchase of library books for media centers of school libraries, the Department shall deny the application.
8. As used in this section, media center of a school library means a centralized collection of educational resources located in a school library that is designed to:
(a) Integrate the curriculum of a school;
(b) Teach pupils skills in methods to acquire information; and
κ1999 Statutes of Nevada, Page 2844 (CHAPTER 544, SB 560)κ
(c) Ensure that teachers and pupils use the resources of information offered in a school library.
9. Any remaining balance of the appropriation made by subsection 1 for:
(a) The fiscal year 1999-2000 must be transferred and added to the money appropriated for the fiscal year 2000-2001.
(b) The fiscal year 2000-2001, including any money added thereto pursuant to paragraph (a), must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. 1. There is hereby appropriated from the state general fund to the University of Nevada School of Medicine for the expansion of the program administered by the Pediatric Diabetes and Endocrinology Center:
For the fiscal year 1999-2000.................................................................... $379,500
For the fiscal year 2000-2001.................................................................... $379,500
2. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
3. The money appropriated by subsection 1 must be used to pay the salaries of professional and support personnel on the multi-disciplinary team of the Pediatric Diabetes and Endocrinology Center, including, without limitation, pediatric endocrinologists, licensed clinical social workers, exercise physiologists, psychologists, health analysts, biostatisticians, nurse practitioners, registered nurses and registered dietitians.
4. The Pediatric Diabetes and Endocrinology Center shall create an advisory board consisting of the eight members of the executive committee of the Nevada Diabetes Council and three additional members who are medical and allied health professionals in the field of diabetes to provide advice to the Pediatric Diabetes and Endocrinology Center regarding the collaboration between the various state agencies, focusing primarily on the care and treatment of children with diabetes.
5. The Pediatric Diabetes Endocrinology Center shall ensure that a data analysis is conducted to evaluate the financial situation of the program administered by the center and the medical results of patients who receive care under the program. The advisory board shall monitor and review the data analysis and provide advice based on the results of the analysis.
Sec. 6. 1. There is hereby appropriated from the state general fund to the legislative fund the sum of $250,000 for use by the Legislative Committee on Public Lands for the following purposes:
(a) To maximize opportunities for the transfer and acquisition of federal public lands within Nevada;
(b) To study water management practices within the Humboldt River Basin; or
(c) Any other purpose related to maximizing the utilization and enjoyment of public lands by Nevadans.
The money appropriated pursuant to this subsection may be expended directly by the Legislative Committee on Public Lands or through money granted to applicants.
κ1999 Statutes of Nevada, Page 2845 (CHAPTER 544, SB 560)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 7. 1. There is hereby appropriated from the state general fund to the Office of Science, Engineering and Technology, established by NRS 396.798, for operating and travel expenses and salaries for a director, full-time staff assistant and half-time clerical position:
For the fiscal year 1999-2000.................................................................... $280,081
For the fiscal year 2000-2001.................................................................... $255,427
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. 8. 1. There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $75,000 for the design of a community college to be located in Mesquite.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 9. 1. There is hereby appropriated from the state general fund to the Department of Transportation the sum of $300,000 for use with federal money received pursuant to 49 U.S.C. §§ 5310 and 5311, for operating costs and the purchase of paratransit vehicles for transportation programs for elderly persons and persons with disabilities.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 10. 1. There is hereby appropriated from the state general fund to the Nevada Commission for National and Community Service the sum of $125,000 for continuation of its programs dedicated to promoting citizen volunteerism.
2. The appropriation made by subsection 1 is contingent upon the Nevada Commission for National and Community Service obtaining matching money from the Federal Government. The Nevada Commission for National and Community Service shall submit a certification or other proof satisfactory to the State Controller that the matching money has been committed by the Federal Government before the money appropriated by subsection 1 may be distributed.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 11. 1. There is hereby appropriated from the state general fund to the Alliance for the Mentally Ill of Nevada the sum of $75,000 for the expenses involved in the training of volunteers, the coordination of the Family to Family program and evaluation of its success, and for the installation of a toll-free telephone number for persons to call who need help regarding caring for a family member with a serious brain disorder.
κ1999 Statutes of Nevada, Page 2846 (CHAPTER 544, SB 560)κ
installation of a toll-free telephone number for persons to call who need help regarding caring for a family member with a serious brain disorder.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 12. 1. There is hereby appropriated from the state general fund to Kids Count for development of statistics to determine priorities for funding programs for children:
For the fiscal year 1999-2000...................................................................... $50,000
For the fiscal year 2000-2001.................................................................... $100,000
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. 13. 1. There is hereby appropriated from the state general fund to the Life Line Pregnancy Assistance and Vocational Training Center the sum of $200,000 for the continuation of its nonprofit pregnancy assistance, educational and vocational training center.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 14. 1. There is hereby appropriated from the state general fund to Mineral County the sum of $437,000 for expenses related to the renovation of the Hawthorne National Guard Armory into a facility to house juvenile offenders.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after the project is completed and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 15. 1. There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $175,000 for the purchase of ultrasound imaging equipment and the necessary computer support and training to operate the equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 16. 1. There is hereby appropriated from the state general fund to the National Judicial College the sum of $120,000 for the Death Penalty Resource Center to provide education and training for judges, prosecutors and defense attorneys regarding the laws relating to capital punishment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2847 (CHAPTER 544, SB 560)κ
Sec. 17. 1. There is hereby appropriated from the state general fund to the Department of Education for vocational student organizations:
For the fiscal year 1999-2000.................................................................... $100,000
For the fiscal year 2000-2001.................................................................... $100,000
2. All expenditures of the money appropriated by subsection 1 must be recorded and accounted for in the accounts of the State of Nevada or a school district to which the money has been granted.
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 years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 18. 1. There is hereby appropriated from the state general fund to the Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $200,000 to contract with community-based agencies to provide enhanced suicide hotline services and expanded suicide hotline services statewide.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 19. 1. There is hereby appropriated from the state general fund to Washoe County the sum of $80,000 for the Gerlach Community Center Expansion Project.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after the project is completed and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 20. There is hereby appropriated from the state general fund to the Make-A-Wish Foundation in Reno, the sum of $100,000, and to the Make-A-Wish Foundation in Las Vegas, the sum of $100,000.
Sec. 21. 1. There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $250,000 for the Harry Reid Center for Environmental Studies at the University of Nevada, Las Vegas.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 22. 1. There is hereby appropriated from the state general fund to the Department of Education the sum of $123,750 for operating and other expenses of the Classroom on Wheels program.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2848 (CHAPTER 544, SB 560)κ
Sec. 23. 1. There is hereby appropriated from the state highway fund to the Department of Transportation the sum of $67,000 for the erection of directional signs on West Desert Inn Road. The Department of Transportation and Clark County shall cooperatively design and install the required directional signage.
2. Clark County may use the money appropriated by subsection 1 only if matching money is provided by Clark County from sources other than the appropriation made by subsection 1.
3. The State Controller shall not distribute any money from the appropriation made pursuant to subsection 1 until Clark County has committed the matching money required by subsection 2.
4. Any remaining balance of the appropriation made by subsection 1, must not be committed for expenditure after the project is completed and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 24. There is hereby appropriated from the state general fund to the Nevada Womens Fund the sum of $50,000.
Sec. 25. 1. There is hereby appropriated from the state general fund to the State Public Works Board the sum of $2,000,000 for capital improvement projects approved by the 70th session of the Nevada Legislature to be allocated as follows:
(a) $1,000,000 for Campus Improvements, UNLV, project No. 99‑U2.
(b) $1,000,000 for Campus Improvements, UNR, project No. 99‑U3.
2. Notwithstanding the provisions of section 1 of Assembly Bill No. 699 of this session, the sum appropriated by section 1 is to reduce the amount of general obligation bonds authorized for capital improvements projects Nos. 99‑U2 and 99‑U3 by the amount allocated for each of those projects pursuant to subsection 1.
Sec. 26. 1. There is hereby appropriated from the state general fund to the Economic Opportunity Board of Clark County the sum of $250,000 for the replacement of its paratransit fleet that provides transportation for senior citizens, children and persons with disabilities.
2. Any remaining balance of the appropriation made by subsection 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 27. 1. There is hereby appropriated from the state general fund to the Health Division of the Department of Human Resources the Sum of $25,000 for carrying out the provisions of section 10 of Senate Bill No. 197 of this session.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 28. 1. There is hereby appropriated from the state general fund to the veterans home that is established in southern Nevada the sum of $15,000 for the operational costs of the on-site facility that provides temporary housing for the spouses of veterans residing in the veterans home.
κ1999 Statutes of Nevada, Page 2849 (CHAPTER 544, SB 560)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 29. 1. There is hereby appropriated from the state general fund to the Las Vegas Springs Preserve Foundation the sum of $50,000.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 30. 1. There is hereby appropriated from the state general fund to the Interim Finance Committee for distribution to Douglas County the sum of $2,800,000 for improvements to and the expansion of the China Spring Youth Camp including:
(a) The construction of a new 24-bed female juvenile dormitory;
(b) The construction of a new 40-bed male juvenile dormitory;
(c) The construction of an administration building; and
(d) Improvements to the septic system to handle the increased population.
2. The Interim Finance Committee shall distribute to Douglas County an amount equal to the actual cost for the work performed up to the amount appropriated pursuant to subsection 1 after it receives a report from Douglas County of the work performed and the actual cost for that work.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after the projects are completed and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 31. Senate Bill No. 181 of this session is hereby amended by adding thereto a new section, designated sec. 10, following sec. 9, to read as follows:
Sec. 10. This act becomes effective upon passage and approval.
Sec. 32. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 33 and 34 of this act:
Sec. 33. 1. The position of weed control analyst is hereby created in the department.
2. The director shall appoint the weed control analyst. The person so appointed:
(a) Is in the classified service of the state;
(b) Must be a scientist who possesses a masters degree in one of the biological sciences from an accredited college or university; and
(c) Must be selected on the basis of his training, experience, capability and interest in biological methods of controlling noxious weeds.
Sec. 34. The weed control analyst shall:
1. Research biological methods of controlling noxious weeds in this state;
2. Document the effectiveness of those methods in controlling noxious weeds;
3. Develop strategies for managing noxious weeds in this state; and
4. Perform such other duties as requested by the director.
κ1999 Statutes of Nevada, Page 2850 (CHAPTER 544, SB 560)κ
Sec. 35. NRS 561.305 is hereby amended to read as follows:
561.305 The department shall establish and maintain a laboratory for the following purposes:
1. The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.
2. The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.
4. The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive [.] , and sections 33 and 34 of this act.
5. The testing of pesticides, as may be necessary under the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.
6. The safekeeping and maintenance of official standards of weights and measures , as may be necessary under the provisions of chapter 581 of NRS.
7. The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.
8. The analysis and testing of commercial fertilizers and agricultural minerals , as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
9. The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
10. The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
11. Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the director and which can be made with equipment available in any such laboratory. Any [person] resident of this state may submit samples to the department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be adopted by the director.
Sec. 36. 1. This section and section 31 of this act become effective upon passage and approval.
2. Sections 1 to 27, inclusive, 32, 33 and 34 of this act become effective on July 1, 1999.
3. Section 35 of this act becomes effective at 12:01 a.m. on July 1, 1999.
4. Sections 28, 29 and 30 of this act become effective on July 1, 2000.
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