[Rev. 2/11/2019 1:12:28 PM]
κ1999 Statutes of Nevada, Page 2993 (CHAPTER 571, AB 697)κ
years after which time any unexpended amounts revert to the State General Fund. If a challenge grant project is completed in less than 3 fiscal years, any unexpended money must not be reallocated and reverts to the State General Fund at the close of the fiscal year.
3. All money appropriated by section 18 of this act other than the sums designated in subsection 1 to support the challenge grant program is subject to the provisions of section 47 of this act.
Sec. 61. 1. This section and section 52 of this act become effective upon passage and approval.
2. Sections 1 to 51, inclusive, and 53 to 60, inclusive, of this act become effective on July 1, 1999.
________
Senate Bill No. 451Senators Schneider, OConnell, Rawson, Amodei, Coffin and Porter
CHAPTER 572
AN ACT relating to common-interest communities; requiring an association of a common-interest community to prepare and distribute operating and reserve budgets; requiring the executive board of such an association to conduct studies of the reserves of the association; requiring the ombudsman for owners in common-interest communities to maintain a registration of each association organized in this state; expanding the authority of the real estate commission to issue subpoenas; making the statutory requirements for common-interest communities applicable to certain preexisting communities; revising the manner in which fines may be imposed for a violation of the governing documents of an association; 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 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. Administrator means the administrator of the real estate division of the department of business and industry.
Sec. 3. 1. Except as otherwise provided in subsection 2 and unless the declaration of a common-interest community imposes more stringent standards, the executive board of an association shall, not less than 30 days or more than 60 days before the beginning of the fiscal year of the association, prepare and distribute to each units owner a copy of:
(a) The budget for the daily operation of the association. The budget must include, without limitation, the estimated annual revenue and expenditures of the association and any contributions to be made to the reserve account of the association.
(b) The budget to maintain the reserve required by paragraph (b) of subsection 2 of NRS 116.3115. The budget must include, without limitation:
κ1999 Statutes of Nevada, Page 2994 (CHAPTER 572, SB 451)κ
(1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component of the common elements;
(2) As of the end of the fiscal year for which the budget is prepared, the current estimate of the amount of cash reserves that are necessary, and the current amount of accumulated cash reserves that are set aside, to repair, replace or restore the major components of the common elements;
(3) A statement as to whether the executive board has determined or anticipates that the levy of one or more special assessments will be required to repair, replace or restore any major component of the common elements or to provide adequate reserves for that purpose; and
(4) A general statement describing the procedures used for the estimation and accumulation of cash reserves pursuant to subparagraph (2), including, without limitation, the qualifications of the person responsible for the preparation of the study required by section 4 of this act.
2. In lieu of distributing copies of the budgets of the association required by subsection 1, the executive board may distribute to each units owner a summary of those budgets, accompanied by a written notice that the budgets are available for review at the business office of the association or other suitable location and that copies of the budgets will be provided upon request.
Sec. 4. 1. The executive board of an association shall:
(a) Cause to be conducted at least once every 5 years, a study of the reserves required to repair, replace and restore the major components of the common elements;
(b) Review the results of that study at least annually to determine if those reserves are sufficient; and
(c) Make any adjustments it deems necessary to maintain the required reserves.
2. The study required by subsection 1 must be conducted by a person qualified by training and experience to conduct such a study, including a member of the executive board, a units owner or the property manager of the association who is so qualified. The study must include, without limitation:
(a) A summary of an inspection of the major components of the common elements the association is obligated to repair, replace or restore;
(b) An identification of the major components of the common elements that the association is obligated to repair, replace or restore which have a remaining useful life of less than 30 years;
(c) An estimate of the remaining useful life of each major component identified pursuant to paragraph (b);
(d) An estimate of the cost of repair, replacement or restoration of each major component identified pursuant to paragraph (b) during and at the end of its useful life; and
(e) An estimate of the total annual assessment that may be required to cover the cost of repairing, replacement or restoration the major components identified pursuant to paragraph (b), after subtracting the reserves of the association as of the date of the study.
κ1999 Statutes of Nevada, Page 2995 (CHAPTER 572, SB 451)κ
3. The administrator shall adopt by regulation the qualifications required for conducting a study required by subsection 1.
Sec. 5. Money in the reserve account of an association required by paragraph (b) of subsection 2 of NRS 116.3115 may not be withdrawn without the signatures of at least two members of the executive board or the signatures of at least one member of the executive board and one officer of the association who is not a member of the executive board.
Sec. 6. 1. A meeting of the executive board of an association must be held at least once every 90 days.
2. Except in an emergency or unless the bylaws of an association require a longer period of notice, the secretary or other officer specified in the bylaws of the association shall, not less than 10 days before the date of a meeting of the executive board, cause notice of the meeting to be given to the units owners. Such notice must be:
(a) Sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner; or
(b) Published in a newsletter or other similar publication that is circulated to each units owner.
3. In an emergency, the secretary or other officer specified in the bylaws of the association shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the common-interest community or posted in a prominent place or places within the common elements of the association.
4. The notice of a meeting of the executive board of an association must state the time and place of the meeting and include a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the units owners of the association. The notice must include notification of the right of a units owner to:
(a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request and, if required by the executive board, upon payment to the association of the cost of making the distribution.
(b) Speak to the association or executive board, unless the executive board is meeting in executive session.
5. The agenda of the meeting of the executive board of an association must comply with the provisions of subsection 3 of NRS 116.3108. The period required to be devoted to comments by units owners and discussion of those comments must be scheduled for the beginning of each meeting. In an emergency, the executive board may take action on an item which is not listed on the agenda as an item on which action may be taken.
6. At least once every 90 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review at one of its meetings:
(a) A current reconciliation of the operating account of the association;
(b) A current reconciliation of the reserve account of the association;
κ1999 Statutes of Nevada, Page 2996 (CHAPTER 572, SB 451)κ
(c) The actual revenues and expenses for the reserve account, compared to the budget for that account for the current year;
(d) The latest account statements prepared by the financial institutions in which the accounts of the association are maintained;
(e) An income and expense statement, prepared on at least a quarterly basis, for the operating and reserve accounts of the association; and
(f) The current status of any civil action or claim submitted to arbitration or mediation in which the association is a party.
7. The minutes of a meeting of the executive board of an association must be made available to the units owners in accordance with the provisions of subsection 5 of NRS 116.3108.
8. As used in this section, emergency means any occurrence or combination of occurrences that:
(a) Could not have been reasonably foreseen;
(b) Affects the health, welfare and safety of the units owners of the association;
(c) Requires the immediate attention of, and possible action by, the executive board; and
(d) Makes it impracticable to comply with the provisions of subsection 2 or 5.
Sec. 7. 1. Each association shall, at the time it pays the fee required by NRS 116.31155, register with the ombudsman for owners in common-interest communities on a form prescribed by the ombudsman.
2. The form for registration must include, without limitation, the information required to be maintained pursuant to paragraph (d) of subsection 4 of NRS 116.1116.
Sec. 8. 1. To carry out the purposes of this chapter, the real estate commission, or any member thereof, may issue subpoenas to compel the attendance of witnesses and the production of books, records and other papers.
2. If any person fails to comply with a subpoena issued by the commission pursuant to this section within 10 days after its issuance, the commission may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed 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 show cause why he has not complied with the subpoena. A certified copy must be served upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.
Sec. 9. 1. Except as otherwise provided in this subsection, the executive board of an association shall, upon the written request of a units owner, make available the books, records and other papers of the association for review during the regular working hours of the association. The provisions of this subsection do not apply to:
(a) The personnel records of the employees of the association; and
κ1999 Statutes of Nevada, Page 2997 (CHAPTER 572, SB 451)κ
(b) The records of the association relating to another units owner.
2. If the executive board refuses to allow a units owner to review the books, records or other papers of the association, the ombudsman for owners in common-interest communities may:
(a) On behalf of the units owner and upon written request, review the books, records or other papers of the association during the regular working hours of the association; and
(b) If he is denied access to the books, records or other papers, request the commission to issue a subpoena for their production.
Secs. 10 and 11. (Deleted by amendment.)
Sec. 12. If any change is made to the governing documents of an association, the secretary or other officer specified in the bylaws of the association shall, within 30 days after the change is made, prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner, a copy of the change that was made.
Sec. 13. 1. The executive board of an association shall maintain and make available for review at the business office of the association or other suitable location:
(a) The financial statement of the association;
(b) The budgets of the association required to be prepared pursuant to section 3 of this act; and
(c) The study of the reserves of the association required to be conducted pursuant to section 4 of this act.
2. The executive board shall provide a copy of any of the records required to be maintained pursuant to subsection 1 to a units owner or the ombudsman for owners in common-interest communities within 14 days after receiving a written request therefor. The executive board may charge a fee to cover the actual costs of preparing a copy, but not to exceed 25 cents per page.
Sec. 14. NRS 116.1116 is hereby amended to read as follows:
116.1116 1. The office of the ombudsman for owners in common-interest communities is hereby created within the real estate division of the department of business and industry.
2. The administrator [of the real estate division] shall appoint the ombudsman for owners in common-interest communities. The ombudsman for owners in common-interest communities is in the unclassified service of the state.
3. The ombudsman for owners in common-interest communities must be qualified by training and experience to perform the duties and functions of his office.
4. The ombudsman for owners in common-interest communities shall:
(a) Assist in processing claims submitted to mediation or arbitration pursuant to NRS 38.300 to 38.360, inclusive;
(b) Assist owners in common-interest communities to understand their rights and responsibilities as set forth in this chapter and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities; [and]
κ1999 Statutes of Nevada, Page 2998 (CHAPTER 572, SB 451)κ
(c) Assist persons appointed or elected to serve on executive boards of associations to carry out their duties [.] ; and
(d) Compile and maintain a registration of each association organized within the state which includes, without limitation:
(1) The name, address and telephone number of the association;
(2) The name of the person engaged in property management for the common-interest community or the name of the person who manages the property at the site of the common-interest community;
(3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;
(4) The name of the declarant;
(5) The number of units in the common-interest community; and
(6) The total annual assessment made by the association.
Sec. 15. NRS 116.1117 is hereby amended to read as follows:
116.1117 1. There
is hereby created the account for the ombudsman for owners in common-interest
communities in the state general fund. The account must be administered by the
administrator . [of the real estate division of the department of business and
industry.]
2. The fees collected pursuant to NRS 116.31155 must be credited to the account.
3. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
4. The money in the account must be used
solely to defray the costs and expenses of administering the office of the
ombudsman for owners in common-interest communities [.] and for the payment of fees for a mediator or an arbitrator
pursuant to NRS 38.330.
Sec. 16. NRS 116.1201 is hereby amended to read as follows:
116.1201 1. Except as
otherwise provided in this section
and NRS [116.1202 and] 116.1203, this chapter
applies to all common-interest communities created within this state . [on or after January 1,
1992.]
2. This chapter does not apply to:
(a) Associations created for the limited purpose of maintaining:
(1) The landscape of the common elements of a common-interest community;
(2) Facilities for flood control; or
(3) A rural agricultural residential common-interest community.
(b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that the chapter does apply to that planned community. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted, only if the declaration so provides or the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.
(c) Common-interest communities or units located outside of this state, but the provisions of NRS 116.4102 to 116.4108, inclusive, apply to all contracts for the disposition thereof signed in this state by any party unless exempt under subsection 2 of NRS 116.4101.
3. The provisions of this chapter do not:
κ1999 Statutes of Nevada, Page 2999 (CHAPTER 572, SB 451)κ
(a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units owners of the association;
(b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;
(c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992; or
(d) Prohibit a common-interest community created before January 1, 1992, from providing for a representative form of government.
4. The
provisions of chapters 117 and 278A of NRS do not apply to common-interest
communities . [created on or after January 1, 1992.]
5. For the purposes of this section, the administrator shall establish, by regulation, the criteria for determining whether an association is created for the limited purpose of maintaining the landscape of the common elements of a common-interest community, maintaining facilities for flood control or maintaining a rural agricultural residential common-interest community.
Sec. 16.2. NRS 116.1203 is hereby amended to read as follows:
116.1203 1. Except as otherwise provided in subsection 2, if a planned community [:
(a) Contains] contains no more than 12 units and is not subject to any developmental rights , [; or
(b) Provides, in its declaration, that the annual average liability for common expenses of all units restricted to residential purposes, exclusive of optional users fees and any insurance premiums paid by the association, may not exceed $500 per unit,] it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, NRS 116.3101 to 116.3119, inclusive, and 116.11031 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.
Sec. 16.5. NRS 116.1206 is hereby amended to read as follows:
116.1206 1. Any declaration, bylaw or other governing document of a common-interest community created before January 1, 1992, that does not conform to the provisions of this chapter shall be deemed to conform with those provisions by operation of law, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.
2. In the case of amendments to the declaration, bylaws or plats and plans of any common-interest community created before January 1, 1992:
(a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and
(b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.
κ1999 Statutes of Nevada, Page 3000 (CHAPTER 572, SB 451)κ
[2.] 3. An
amendment to the declaration, bylaws or plats and plans authorized by this
section to be made under this chapter must be adopted in conformity with the
applicable provisions of chapter 117 or 278A of NRS and with the procedures and
requirements specified by those instruments. If an amendment grants to any
person any rights, powers or privileges permitted by this chapter, all
correlative obligations, liabilities and restrictions in this chapter also
apply to that person.
Sec. 17. NRS 116.3102 is hereby amended to read as follows:
116.3102 1. Except as otherwise provided in subsection 2, and subject to the provisions of the declaration, the association may:
(a) Adopt and amend bylaws, rules and regulations;
(b) Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from units owners;
(c) Hire and discharge managing agents and other employees, agents and independent contractors;
(d) Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more units owners on matters affecting the common-interest community;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement and modification of common elements;
(g) Cause additional improvements to be made as a part of the common elements;
(h) Acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:
(1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and
(2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112;
(i) Grant easements, leases, licenses and concessions through or over the common elements;
(j) Impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to units owners;
(k) Impose charges for late payment of assessments and, except as otherwise provided in NRS 116.31031, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association;
(l) Impose reasonable charges for the preparation and recordation of amendments to the declaration, the information required by NRS 116.4109 or statements of unpaid assessments;
(m) Provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance;
(n) Assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides;
κ1999 Statutes of Nevada, Page 3001 (CHAPTER 572, SB 451)κ
(o) Exercise any other powers conferred by the declaration or bylaws;
(p) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association;
(q) Direct the removal of vehicles improperly parked on property owned or leased by the association, pursuant to NRS 487.038; and
(r) Exercise any other powers necessary and proper for the governance and operation of the association.
2. The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.
Sec. 18. NRS 116.31031 is hereby amended to read as follows:
116.31031 1. If a units owner, or a tenant or guest of a units owner, does not comply with a provision of the governing documents of an association, the executive board of the association may, if the governing documents so provide:
[1.] (a) Prohibit, for a reasonable time, the units owner, or the tenant or guest of the units owner, from:
[(a)] (1) Voting on matters related to the common-interest community.
[(b)] (2) Using the common elements. The provisions of this paragraph do not prohibit the units owner, or the tenant or guest of the units owner, from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.
[2.] (b) Require the units owner, or the tenant or guest of the units owner, to pay a fine [not to exceed $50 for each failure to comply, unless the violation is of a type that threatens the health and welfare of the common-interest community. The] for each failure to comply that does not threaten the health and welfare of the common-interest community. The fine must be commensurate with the severity of the violation, but must not exceed $100 for each violation or a total amount of $500, whichever is less.
2. If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days or a longer period as may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without notice and an opportunity to be heard.
3. Except as otherwise provided in subsection 2, the imposition of [such] a fine pursuant to this section must comply with the requirements of subsection 6 of NRS 116.31065.
Sec. 19. NRS 116.31034 is hereby amended to read as follows:
116.31034 1. Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarants control, the units owners shall elect an executive board of at least three members, at least a majority of whom must be units owners. The executive board shall elect the officers. The members and officers of the executive board shall take office upon election.
κ1999 Statutes of Nevada, Page 3002 (CHAPTER 572, SB 451)κ
2. The term of office of a member of the executive board may not exceed 2 years. A member of the executive board may be elected to succeed himself. The governing documents of the association must set forth the month during which elections for the members of the executive board must be held after the termination of any period of the declarants control.
3. Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each units owner of his eligibility to serve as a member of the executive board. Each units owner who is qualified to serve as a member of the executive board may have his name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
4. An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof [of authority] in the records of the association [.
3.] that:
(a) He is associated with the corporate owner, trust, partnership or estate as required by this subsection; and
(b) Identifies the unit or units owned by the corporate owner, trust partnership or estate.
5. The election of any member of the executive board must be conducted by secret written ballot. The secretary or other officer specified in the bylaws of the association shall cause to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner, a secret ballot and a return envelope.
6. Each
member of the executive board shall, [at the time of] within 30 days after his appointment or
election, certify in writing that he has read and understands the governing
documents of the association and the provisions of this chapter [.]
to the best of his ability.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 116.31038 is hereby amended to read as follows:
116.31038 Within 30 days after units owners other than the declarant may elect a majority of the members of the executive board, the declarant shall deliver to the association all property of the units owners and of the association held by or controlled by him, including:
1. The original or a certified copy of the recorded declaration as amended, the associations articles of incorporation if the association is incorporated, bylaws, minute books and other books and records of the association and any rules or regulations which may have been adopted.
2. An accounting for money of the association and financial statements from the date the association received money to the date the period of the declarants control ends. The financial statements must fairly and accurately report the associations financial condition prepared in accordance with generally accepted accounting principles.
κ1999 Statutes of Nevada, Page 3003 (CHAPTER 572, SB 451)κ
report the associations financial condition prepared in accordance with generally accepted accounting principles.
3. A complete study of the reserves of the association, conducted by a person qualified by training and experience to conduct such a study. At the time the control of the declarant ends, he shall:
(a) Except as otherwise provided in this paragraph, deliver to the association a reserve account that contains the declarants share of the amounts then due, and control of the account. If the declaration was recorded before October 1, 1999, and, at the time the control of the declarant ends, he has failed to pay his share of the amounts due, the executive board shall authorize the declarant to pay the deficiency in installments for a period of 3 years, unless the declarant and the executive board agree to a shorter period.
(b) Disclose, in writing, the amount by which he has subsidized the associations dues on a per unit or per lot basis.
The provisions of this subsection do not apply to a time share or time-share project governed by the provisions of chapter 119A of NRS.
4. The associations money or control thereof.
[4.] 5. All of the declarants tangible personal property that has been represented by the declarant as property of the association or, unless the declarant has disclosed in the public offering statement that all such personal property used in the common-interest community will remain the declarants property, all of the declarants tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, and inventories of these properties.
[5.] 6. A copy of any plans and specifications used in the construction of the improvements in the common-interest community which were completed within 2 years before the declaration was recorded.
[6.] 7. All insurance policies then in force, in which the units owners, the association, or its directors and officers are named as insured persons.
[7.] 8. Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the common-interest community other than units in a planned community.
[8.] 9. Any renewable permits and approvals issued by governmental bodies applicable to the common-interest community which are in force and any other permits and approvals so issued and applicable which are required by law to be kept on the premises of the community.
[9.] 10. Written warranties of the contractor, subcontractors, suppliers and manufacturers that are still effective.
[10.] 11. A roster of owners and mortgagees of units and their addresses and telephone numbers, if known, as shown on the declarants records.
[11.] 12. Contracts of employment in which the association is a contracting party.
[12.] 13. Any contract for service in which the association is a contracting party or in which the association or the units owners have any obligation to pay a fee to the persons performing the services.
κ1999 Statutes of Nevada, Page 3004 (CHAPTER 572, SB 451)κ
Sec. 22. NRS 116.31065 is hereby amended to read as follows:
116.31065 The rules adopted by an association:
1. Must be reasonably related to the purpose for which they are adopted.
2. Must be sufficiently explicit in their prohibition, direction or limitation to inform a units owner, or a tenant or guest of a units owner, of any action or omission required for compliance.
3. Must not be adopted to evade any obligation of the association.
4. Must be consistent with the governing documents of the association and must not arbitrarily restrict conduct or require the construction of any capital improvement by a units owner that is not required by the governing documents of the association.
5. Must be uniformly enforced under the same or similar circumstances against all units owners. Any rule that is not so uniformly enforced may not be enforced against any units owner.
6. May be enforced by the assessment of a fine only if:
(a) The person alleged to have violated the rule has received notice of the alleged violation [and has been given the] that informs him of his opportunity to request a hearing on the alleged violation.
(b) At least 30 days before the alleged violation, the person alleged to have violated the rule was given written notice of the rule or any amendment to the rule.
Sec. 23. NRS 116.3108 is hereby amended to read as follows:
116.3108 1. A meeting of the units owners of an association must be held at least once each year. [A meeting of the executive board must be held at least once every 90 days.] If the governing documents of a common-interest community do not designate an annual meeting date of the units owners, a meeting of the units owners must be held 1 year after the date of the last meeting of the units owners. If the units owners have not held a meeting for 1 year, a meeting of the units owners must be held on the following March 1. Special meetings of the units owners of an association may be called by the president, a majority of the executive board or by units owners having 10 percent, or any lower percentage specified in the bylaws, of the votes in the association.
2. Not less than 10 nor more than 60 days in advance of any meeting [,] of the units owners of an association, the secretary or other officer specified in the bylaws shall cause notice of the meeting to be hand‑delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner. The notice of [any] the meeting must state the time and place of the meeting and include a copy of the agenda for the meeting. The notice must include notification of the right of a units owner to:
(a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request [if he pays] and, if required by the executive board, upon payment to the association of the cost of making the distribution.
(b) Speak to the association or executive board, unless the executive board is meeting in executive session.
3. The agenda for [the] a meeting of the units owners must consist of:
κ1999 Statutes of Nevada, Page 3005 (CHAPTER 572, SB 451)κ
(a) A clear and complete statement of the topics scheduled to be considered during the meeting, including, without limitation, any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer or member of the executive board.
(b) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items. In an emergency, the units owners may take action on an item which is not listed on the agenda as an item on which action may be taken.
(c) A period devoted to comments by units owners and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).
4. If the association adopts a policy imposing a fine on a units owner for the violation of the declaration, bylaws or other rules established by the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner, a schedule of the fines that may be imposed for those violations.
5. Not more than 30 days after any meeting [,] of the units owners, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units owners. A copy of the minutes or a summary of the minutes must be provided to any units owner who pays the association the cost of providing the copy to him.
6. As used in this section, emergency means any occurrence or combination of occurrences that:
(a) Could not have been reasonably foreseen;
(b) Affects the health, welfare and safety of the units owners of the association;
(c) Requires the immediate attention of, and possible action by, the executive board; and
(d) Makes it impracticable to comply with the provisions of subsection 2 or 3.
Sec. 24. NRS 116.31085 is hereby amended to read as follows:
116.31085 1. Except as otherwise provided in this section, a units owner may attend any meeting of the units owners of the association or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a units owner may speak at such a meeting.
2. An executive board may meet in executive session to:
(a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive;
(b) Discuss matters relating to personnel; or
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(c) Discuss a violation of the governing documents [of the association] alleged to have been committed by a units owner [.] , including, without limitation, the failure to pay an assessment, except as otherwise provided in subsection 3.
3. An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the units owner who allegedly committed the violation requests in writing that the hearing be conducted by the executive board at an open meeting. The units owner who is alleged to have committed the violation may attend the hearing and testify concerning the alleged violation, but may be excluded by the executive board from any other portion of the hearing, including, without limitation, the deliberations of the executive board.
4. Except as otherwise provided in this subsection, any matter discussed in executive session must be generally noted in the minutes of the meeting of the executive board. The executive board shall maintain [detailed] minutes of any [matter discussed] decision made pursuant to [paragraph (c) of subsection 2] subsection 3 and, upon request, provide a copy of [those minutes] the decision to the units owner who was the subject of the [discussion] hearing or to his designated representative.
[4. A]
5. Except as otherwise provided in subsection 3, a units owner is not entitled to attend or speak at a meeting of the executive board held in executive session.
Sec. 24.5. NRS 116.3109 is hereby amended to read as follows:
116.3109 1. [Unless] Except as otherwise provided in this section and unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.
2. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.
3. For the purposes of determining whether a quorum is present for the election of any member of the executive board, only the secret written ballots that are returned to the association may be counted.
Sec. 25. NRS 116.311 is hereby amended to read as follows:
116.311 1. If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners cast the votes allocated to that unit without protest made promptly to the person presiding over the meeting by any of the other owners of the unit.
2. [Votes] Except as otherwise provided in this section, votes allocated to a unit may be cast pursuant to a proxy executed by a units owner. A units owner may give a proxy only to a member of his immediate family, a tenant of the units owner who resides in the common-interest community or another units owner who resides in the common-interest community.
κ1999 Statutes of Nevada, Page 3007 (CHAPTER 572, SB 451)κ
or another
units owner who resides in the common-interest community. If a
unit is owned by more than one person, each owner of the unit may vote or
register protest to the casting of votes by the other owners of the unit
through an executed proxy. A units owner may revoke a proxy given pursuant to
this section only by actual notice of revocation to the person presiding over a
meeting of the association. A proxy is void if [it] :
(a) It
is not dated or purports to be revocable without notice [.] ;
(b) It does not designate the votes that must be cast on behalf of the units owner who executed the proxy; or
(c) The holder of the proxy does not disclose at the beginning of the meeting for which the proxy is executed the number of proxies pursuant to which he will be casting votes and the voting instructions received for each proxy.
A proxy terminates [one year after its date, unless it specifies a shorter term.] immediately after the conclusion of the meeting for which it was executed. A vote may not be cast pursuant to a proxy for the election of a member of the executive board of an association.
3. Only a vote cast in person, by secret ballot or by proxy may be counted.
4. If the declaration requires that votes on specified matters affecting the common-interest community be cast by lessees rather than units owners of leased units:
(a) The provisions of subsections 1 and 2 apply to lessees as if they were units owners;
(b) Units owners who have leased their units to other persons may not cast votes on those specified matters; and
(c) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were units owners.
Units owners must also be given notice, in the manner provided in NRS 116.3108, of all meetings at which lessees are entitled to vote.
[4.] 5. No votes allocated to a unit owned by the association may be cast.
6. Votes cast for the election of a member of the executive board of an association must be counted in public.
Sec. 26. NRS 116.31139 is hereby amended to read as follows:
116.31139 1. An association may employ a person engaged in property management for the common-interest community.
2. Except as otherwise provided in this section, a person engaged in property management for a common-interest community must:
(a) Hold a permit to engage in property management that is issued pursuant to the provisions of chapter 645 of NRS; or
(b) Hold a certificate issued by the real estate commission pursuant to subsection [2.] 3.
[2.] 3. The real estate commission shall provide by regulation for the issuance of certificates for the management of common-interest communities to persons who are not otherwise authorized to engage in property management pursuant to the provisions of chapter 645 of NRS. The regulations:
κ1999 Statutes of Nevada, Page 3008 (CHAPTER 572, SB 451)κ
(a) Must establish the qualifications for the issuance of such a certificate, including the education and experience required to obtain such a certificate; [and]
(b) May require applicants to pass an examination
in order to obtain a certificate [.]
;
(c) Must establish standards of practice for persons engaged in property management for a common-interest community;
(d) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate; and
(e) Must establish rules of practice and procedure for conducting disciplinary hearings.
The real estate division of the department of business and industry may investigate the property managers to whom certificates have been issued to ensure their compliance with the standards of practice adopted pursuant to this subsection and collect a fee for the issuance of a certificate by the commission in an amount not to exceed the administrative costs of issuing the certificate.
[3.] 4. The provisions of subsection [1] 2 do not apply to:
(a) A [full-time employee of an association who manages only one association.] person who is engaged in property management for a common-interest community on October 1, 1999, and is granted an exemption from the requirements of subsection 2 by the administrator upon demonstration that he is qualified and competent to engage in property management for a common-interest community.
(b) A financial institution.
(c) An attorney licensed to practice in this state.
(d) A trustee.
(e) An employee of a corporation who manages only the property of the corporation.
(f) A declarant.
(g) A receiver.
[4.] 5. As used in
this section, property management means the physical, administrative or
financial maintenance and management of real property, or the supervision of
those activities for a fee, commission or other compensation or valuable
consideration.
Sec. 27. NRS 116.3115 is hereby amended to read as follows:
116.3115 1. Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association [.] in accordance with the requirements set forth in section 3 of this act. Except for an association for a time-share project governed by the provisions of chapter 119A of NRS, and unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and the money for the reserve required by paragraph (b) of subsection 2.
2. Except for assessments under
subsections 4 [, 5 and 6:] to 7, inclusive:
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(a) All common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.
(b) The association shall establish [a] an adequate reserve , funded on a reasonable basis, for the repair , [and] replacement and restoration of the major components of the common elements. The reserve may be used only for [common expenses that involve major repairs or replacement,] those purposes, including, without limitation, repairing , [and] replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance.
3. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.
4. To the extent required by the declaration:
(a) Any common expense associated with the maintenance, repair , restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;
(b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and
(c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
5. Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.
6. If any common expense is caused by the misconduct of any units owner, the association may assess that expense exclusively against his unit.
7. The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.
8. If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.
[8.] 9. The
association shall provide written notice to the owner of each unit of a meeting
at which an assessment for a capital improvement or the commencement of a civil
action is to be considered or action is to be taken on such an assessment at
least 21 calendar days before the meeting. Except as otherwise provided in this
subsection, the association may commence a civil action only upon a vote or written agreement of the
owners of units to which at least a majority of the votes of the members of the
association are allocated. The provisions of this subsection do not apply to a
civil action that is commenced:
(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;
(b) To enforce the payment of an assessment;
(c) To enforce the declaration, bylaws or rules of the association;
(d) To proceed with a counterclaim; or
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(e) To protect the health, safety and welfare of the members of the association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.
10. At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units owners that includes:
(a) A reasonable estimate of the costs of the civil action, including reasonable attorneys fees;
(b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and
(c) All disclosures that are required to be made upon the sale of the property.
11. No person other than a units owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.
Sec. 28. NRS 116.31155 is hereby amended to read as follows:
116.31155 1. An association [that is not a master association and levies an annual assessment against each unit in the common-interest community of $500 or more] shall:
(a) If the association is required to pay the fee
imposed by NRS 78.150 or 82.193, pay to the secretary of state at the time it
is required to pay the fee imposed by those sections a fee established by
regulation of the administrator [of the real estate division of the department of business and
industry] for every unit in the association [.] used for residential use.
(b) If the association is organized as a trust or
partnership, pay to the administrator [of the real
estate division of the department of business and industry]
a fee established by regulation of the administrator for each unit in the
association. The fee must be paid on or before January 1 of each year.
2. The fees required to be paid pursuant to this section must be:
(a) Deposited with the state treasurer for credit to the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117.
(b) Established on the basis of the actual cost of administering the office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office. In no event may the fees required to be paid pursuant to this section exceed $3 per unit.
κ1999 Statutes of Nevada, Page 3011 (CHAPTER 572, SB 451)κ
3. A units owner may not be required to pay any portion of the fees required to be paid pursuant to this section to a master association and to an association organized pursuant to NRS 116.3101.
Sec. 28.5. NRS 116.31155 is hereby amended to read as follows:
116.31155 1. An association shall:
(a) If the association is required to pay the fee imposed by NRS 78.150 or 82.193, pay to the [secretary of state at the time it is required to pay the fee imposed by those sections] administrator a fee established by regulation of the administrator for every unit in the association used for residential use.
(b) If the association is organized as a trust or partnership, pay to the administrator a fee established by regulation of the administrator for each unit in the association. [The fee must be paid on or before January 1 of each year.]
2. The fees required to be paid pursuant to this section must be:
(a) Paid at such times as are established by the administrator.
(b) Deposited with the state treasurer for credit to the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117.
[(b)] (c) Established on the basis of the actual cost of administering the office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office. In no event may the fees required to be paid pursuant to this section exceed $3 per unit.
3. A units owner may not be required to pay any portion of the fees required to be paid pursuant to this section to a master association and to an association organized pursuant to NRS 116.3101.
4. Upon the payment of the fees required by this section, the administrator shall provide to the association evidence that it paid the fees in compliance with this section.
Sec. 29. NRS 116.31162 is hereby amended to read as follows:
116.31162 1. Except as otherwise provided in subsection 4, in a condominium, a cooperative where the owners interest in a unit is real estate as determined pursuant to NRS 116.1105, or a planned community, the association may foreclose its lien by sale after:
(a) The association has mailed by certified or registered mail, return receipt requested, to the units owner or his successor in interest, at his address if known, and at the address of the unit, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed, and the name of the record owner of the unit;
(b) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common‑interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien, which contains the same information as the notice of delinquent assessment, but must also describe the deficiency in payment and the name and address of the person authorized by the association to enforce the lien by sale; and
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(c) The units owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 60 days following the recording of the notice of default and election to sell.
2. The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.
3. The period of 60 days begins on the first day following the later of:
(a) The day on which the notice of default is recorded; or
(b) The day on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the units owner or his successor in interest at his address if known, [otherwise to] and at the address of the unit.
4. The association may not foreclose a lien by sale for the assessment of a fine for a violation of the declaration, bylaws, rules or regulations of the association, unless the violation is of a type that threatens the health [and] , safety or welfare of the residents of the common-interest community.
Sec. 30. NRS 116.4101 is hereby amended to read as follows:
116.4101 1. NRS 116.4101 to 116.412, inclusive, apply to all units subject to this chapter, except as otherwise provided in this section or as modified or waived by agreement of purchasers of units in a common-interest community in which all units are restricted to nonresidential use.
2. Neither a public offering statement nor a certificate of resale need be prepared or delivered in the case of a:
(a) Gratuitous disposition of a unit;
(b) Disposition pursuant to court order;
(c) Disposition by a government or governmental agency;
(d) Disposition by foreclosure or deed in lieu of foreclosure;
(e) Disposition to a dealer;
(f) Disposition that may be canceled at any time and for any reason by the purchaser without penalty; or
(g) Disposition of a unit in a planned community [in which the declaration limits the average annual assessment of any unit to not more than $500, exclusive of optional users fees and any insurance premiums paid by the association, or] which contains no more than 12 units if:
(1) The
declarant reasonably believes in good faith that the maximum [stated] assessment
stated in the declaration
will be sufficient to pay the expenses of the planned community; and
(2) The declaration cannot be amended to increase the assessment during the period of the declarants control without the consent of all units owners.
3. Except as otherwise provided in subsection 2, the provisions of NRS 116.4101 to 116.412, inclusive, do not apply to a planned community described in NRS 116.1203.
Sec. 31. NRS 116.4103 is hereby amended to read as follows:
116.4103 1. Except as otherwise provided in NRS 116.41035, a public offering statement must set forth or fully and accurately disclose each of the following:
κ1999 Statutes of Nevada, Page 3013 (CHAPTER 572, SB 451)κ
(a) The name and principal address of the declarant and of the common-interest community, and a statement that the common-interest community is either a condominium, cooperative or planned community.
(b) A general description of the common-interest community, including to the extent possible, the types, number and declarants schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common-interest community.
(c) The estimated number of units in the common‑interest community.
(d) Copies of the declaration, bylaws, and any rules or regulations of the association, but a plat or plan is not required.
(e) A current financial statement and projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association. The budget must include, without limitation:
(1) A statement of the amount included in the budget as a reserve for repairs [and replacement;] , replacement and restoration; and
(2) The projected monthly assessment for common expenses for each type of unit, including the amount established as a reserve pursuant to NRS 116.3115.
(f) A description of any services or subsidies being provided by the declarant or an affiliate of the declarant, not reflected in the budget.
(g) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee.
(h) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.
(i) A statement that unless the purchaser or his agent has personally inspected the unit, the purchaser may cancel, by written notice, his contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.
(j) A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common-interest community of which a declarant has actual knowledge.
(k) Any current or expected fees or charges to be paid by units owners for the use of the common elements and other facilities related to the common‑interest community.
(l) The information statement set forth in NRS 116.41095.
2. A declarant is not required to revise a public offering statement more than once each calendar quarter, if the following warning is given prominence in the statement: THIS PUBLIC OFFERING STATEMENT IS CURRENT AS OF (insert a specified date). RECENT DEVELOPMENTS REGARDING (here refer to particular provisions of NRS 116.4103 and 116.4105) MAY NOT BE REFLECTED IN THIS STATEMENT.
Sec. 32. NRS 116.41095 is hereby amended to read as follows:
116.41095 The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form: BEFORE YOU PURCHASE PROPERTY IN A
κ1999 Statutes of Nevada, Page 3014 (CHAPTER 572, SB 451)κ
BEFORE YOU PURCHASE PROPERTY IN A
COMMON-INTEREST COMMUNITY
DID YOU KNOW . . .
1. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions (C, C & Rs) that should be provided for your review before making your purchase. The C, C & Rs become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The C, C & Rs, together with other governing documents (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by C, C & Rs, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the C, C & Rs and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you.
2. YOU WILL HAVE TO PAY OWNERS ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowners association. The obligation to pay these assessments binds you and every future owner of the property. Owners fees are usually assessed by the homeowners association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to maintain adequate reserves to repair , [and] replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.
3. IF YOU FAIL TO PAY OWNERS ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the associations costs and attorneys fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.
4. YOU MAY BECOME A MEMBER OF A HOMEOWNERS ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?
Many common-interest communities have a homeowners association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold.
κ1999 Statutes of Nevada, Page 3015 (CHAPTER 572, SB 451)κ
until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional managers to carry out these responsibilities.
Homeowners associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the C, C & Rs and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If persons controlling the association or its management are not complying with state laws or the governing documents, your remedy is typically to seek to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the associations cost in defending against your claim. There is no government agency in this state that investigates or intervenes to resolve disputes in homeowners associations.
5. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE BUYERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires you to provide to a prospective purchaser of your property, before you enter into a purchase agreement, a copy of the communitys governing documents, including the C, C & Rs, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the associations current financial statement, operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair , [and] replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware.
κ1999 Statutes of Nevada, Page 3016 (CHAPTER 572, SB 451)κ
judgments or lawsuits pending against the association of which you are aware. You are also required to provide a copy of the minutes from the most recent meeting of the homeowners association or its executive board. For more information regarding these requirements, see Nevada Revised Statutes 116.4103.
6. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON‑INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?
Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:
(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.
(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.
(c) To request a special meeting of the association upon petition of at least 10 percent of the homeowners.
(d) To inspect, examine, photocopy and audit financial and other records of the association.
(e) To be notified of all changes in the communitys rules and regulations and other actions by the association or board that affect you.
7. QUESTIONS?
Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the ombudsman for owners in common-interest communities, Nevada Real Estate Division, at (telephone number).
Buyer or prospective buyers initials:_____
Date:_____
Sec. 32.5. NRS 119A.165 is hereby amended to read as follows:
119A.165 1. If a matter governed by this chapter is also governed by chapter 116 of NRS, compliance with the provisions of chapter 116 of NRS governing the matter which are in addition to or different from the provisions in this chapter governing the same matter is not required. In the event of a conflict between provisions of this chapter and chapter 116 of NRS, the provisions of this chapter prevail.
2. Without limiting the generality of subsection 1, the provisions of sections 3 to 13, inclusive, of this act and NRS 116.3103, 116.31031, 116.31034, 116.3106, 116.31065, 116.3108 to 116.311, inclusive, 116.31139, 116.31145, 116.3115, 116.31155, 116.31162, 116.41095 and 116.4117 do not apply to a time share or a time-share project.
Sec. 33. NRS 38.330 is hereby amended to read as follows:
38.330 1. If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the division pursuant to NRS 38.340.
κ1999 Statutes of Nevada, Page 3017 (CHAPTER 572, SB 451)κ
mediators maintained by the division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the division shall appoint a mediator from the list of mediators maintained by the division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within [90] 60 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within [30] 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. [The] Except as otherwise provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.
2. If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the division shall appoint an arbitrator from the list maintained by the division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the division shall provide the name of the arbitrator to each party.
3. The division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117, to the extent that money is available in the account for this purpose.
4. Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.075 to 38.105, inclusive, 38.115 [to 38.135, inclusive,] , 38.125, 38.135, 38.155 and 38.165. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within [90] 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.
[4.] 5. If all the parties have agreed to nonbinding arbitration, any party to the arbitration may, within 30 days after a decision and award have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.135.
κ1999 Statutes of Nevada, Page 3018 (CHAPTER 572, SB 451)κ
[5.] 6. If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of chapter 38 of NRS. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.145.
[6.] 7. If, after the conclusion of arbitration, a party:
(a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.145; or
(b) Commences a civil action based upon any claim which was the subject of arbitration,
the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorneys fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.
[7.] 8. Upon request by a party, the division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.
[8.] 9. As used in this section, geographic area means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.
Sec. 34. NRS 78.150 is hereby amended to read as follows:
78.150 1. A corporation organized under the laws of this state shall, on or before the first day of the second month after the filing of its articles of incorporation with the secretary of state, file with the secretary of state a list, on a form furnished by him, containing:
(a) The name of the corporation;
(b) The file number of the corporation, if known;
(c) The names and titles of all of its required officers and the names of all of its directors;
(d) The mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director; and
(e) The signature of an officer of the corporation certifying that the list is true, complete and accurate.
2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state, on a form furnished by him, an amended list containing all of the information required in subsection 1. If the corporation has had no changes in its required officers and directors since its previous list was filed, no amended list need be filed if an officer of the corporation certifies to the secretary of state as a true and accurate statement that no changes in the required officers or directors has occurred.
3. Upon filing a list of officers and directors, or certifying that no changes have occurred, the corporation shall pay to the secretary of state a fee of $85.
4. The secretary of state shall, 60 days before the last day for filing the annual list required by subsection 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file a list of officers and directors or a certification of no change.
κ1999 Statutes of Nevada, Page 3019 (CHAPTER 572, SB 451)κ
or a certification of no change. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.
5. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 3 or 7 is not paid, the secretary of state may return the list for correction or payment.
6. An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.
7. If the corporation is an association as defined in NRS 116.110315, the secretary of state shall not accept the filing required by this section unless it is accompanied by evidence of the payment of the fee required to be paid pursuant to NRS 116.31155 [.] that is provided to the association pursuant to subsection 4 of that section.
Sec. 35. NRS 116.1102, 116.1115, 116.1202, 116.1204, 116.1205, 116.1207 and 116.1208 are hereby repealed.
Sec. 36. The executive board of a unit-owners association organized under NRS 116.3101 shall cause to be prepared a study of the reserves of the association required by section 4 of this act by October 1, 2000.
Sec. 37. Any declaration, bylaw or other governing document of a common-interest community in effect on October 1, 1999, that does not conform to the provisions of chapter 116 of NRS, as amended by this act, shall be deemed to have been conformed to those provisions by operation of law. Notwithstanding any other provision of law to the contrary, not later than October 1, 2000, any declaration, bylaw or other governing document of a common-interest community created on or after January 1, 1992, that does not conform to the provisions of chapter 116 of NRS, as amended by this act, must be changed to conform to those provisions, and may be so changed without complying with the procedural requirements generally applicable to the adoption of an amendment to such a declaration, bylaw or other governing document.
Sec. 38. 1. This section and sections 1 to 28, inclusive, 29 to 33, inclusive, 35, 36 and 37 of this act become effective on October 1, 1999.
2. Sections 28.5 and 34 of this act become effective on July 1, 2000.
________
κ1999 Statutes of Nevada, Page 3020κ
Senate Bill No. 544Committee on Government Affairs
CHAPTER 573
AN ACT relating to governmental administration; revising the provisions governing the states program of group insurance and other benefits by replacing the committee on benefits with the board of the public employees benefits program, changing the related powers and duties, requiring the appointment of an executive officer and certain other officers, providing education and experience requirements for members of the board and appointed officers and requiring members of the board and the executive officer to complete continuing education; authorizing certain periodic state employees to receive extended coverage from the public employees benefits program; renaming the interim retirement committee and expanding its duties to include the review of the operation of the public employees benefits program; authorizing certain public employees to secure insurance from an insurer or employee benefit plan other than through the public employees benefits program; removing the duty of the state risk manager to act as an adviser for group insurance and other employees benefits; authorizing the state risk manager to employ necessary staff to perform his duties; requiring the commissioner of insurance to adopt regulations providing for uniform claim forms and billing codes and compatible electronic data transfers relating to the provision of health care, health care plans or health insurance for certain insurers and administrators; 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 281.129 is hereby amended to read as follows:
281.129 Any officer of the state, except the legislative fiscal officer, who disburses money in payment of salaries and wages of officers and employees of the state may, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:
1. Charitable organizations;
2. Employee credit unions;
3. Insurers, if the [committee on benefits] board of the public employees benefits program has approved the request;
4. The United States for the purchase of savings bonds and similar obligations of the United States; and
5. Employee organizations and labor organizations.
The state controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the executive department.
Sec. 2. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
κ1999 Statutes of Nevada, Page 3021 (CHAPTER 573, SB 544)κ
an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than $2,500.
(b) For 15 years of service or more but less than 20 years, not more than $4,000.
(c) For 20 years of service or more but less than 25 years, not more than $6,000.
(d) For 25 years of service or more, not more than $8,000.
The department may by regulation provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
2. An employee entitled to payment for unused sick leave pursuant to subsection 1 may elect to receive the payment in any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums or contributions for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums or contributions pursuant to this subsection exceeds the amount which is payable for premiums or contributions for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.
3. Officers and members of the faculty of the University and Community College System of Nevada are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
4. The department may by regulation provide policies concerning employees with mental or emotional disorders which:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Provide for the retention of their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, provide for their reemployment if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
5. The director shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.
κ1999 Statutes of Nevada, Page 3022 (CHAPTER 573, SB 544)κ
6. The department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that he has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.
Sec. 2.3. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst serve at the pleasure of the executive officer.
2. The executive officer, operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement and benefits committee of the legislature [.] created pursuant to section 36.5 of this act. The salaries of these employees are exempt from the limitations of NRS 281.123.
3. The executive officer must:
(a) Be a graduate of a 4‑year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The operations officer and the investment officer must each be a graduate of a 4‑year college or university with a degree in business administration or public administration or an equivalent degree.
5. Except as otherwise provided in NRS 284.143, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.
Sec. 2.6. NRS 286.211 is hereby amended to read as follows:
286.211 1. The board shall, with the advice of the interim retirement and benefits committee [:] of the legislature created pursuant to section 36.5 of this act:
(a) Adopt regulations for the evaluation of requests for enrollment under the police and firemens retirement fund; and
(b) Determine those positions eligible under the early retirement provisions for police officers and firemen.
2. Service in any position which has not been determined by the board to be eligible does not entitle a member to early retirement as a fireman or police officer.
Sec. 3. NRS 286.615 is hereby amended to read as follows:
286.615 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:
κ1999 Statutes of Nevada, Page 3023 (CHAPTER 573, SB 544)κ
political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:
(a) He notifies the executive officer to discontinue the deduction; or
(b) Any of his dependents elect to assume the premium or contribution applicable to the dependents coverage before the death of such a retired person and continue coverage pursuant to NRS 287.023 after his death.
2. The board may adopt regulations to carry out the provisions of subsection 1, including , but not limited to , regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the board at the option of the officer or employee pursuant to this section.
3. The executive officer, board and system are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.
Sec. 4. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 12.5, inclusive, of this act.
Sec. 5. As used in NRS 287.041 to 287.049, inclusive, and sections 5 to 12.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec. 6. Board means the board of the public employees benefits program created by NRS 287.041.
Sec. 7. Program means the public employees benefits program established pursuant to subsection 1 of NRS 287.043.
Sec. 8. 1. A majority of the members of the board constitutes a quorum for the transaction of business.
2. The governor shall designate one of the members of the board to serve as the chairman.
3. The board shall meet at least once every calendar quarter and at other times upon the call of the chairman.
4. The board may meet in closed session:
(a) To discuss matters relating to personnel;
(b) To prepare a request for a proposal or other solicitation for bids to be released by the board for competitive bidding; or
(c) As otherwise provided pursuant to chapter 241 of NRS.
5. As used in this section, request for a proposal has the meaning ascribed to it in subsection 6 of NRS 333.020.
Sec. 9. The board may reimburse a witness whom the board requests appear before it and who has expertise in a field that is relevant to the program for any expenses relating to the testimony of the witness that the board deems reasonable.
κ1999 Statutes of Nevada, Page 3024 (CHAPTER 573, SB 544)κ
Sec. 10. 1. The board shall employ an executive officer who is in the unclassified service of the state and serves at the pleasure of the board. The board may delegate to the executive officer the exercise or discharge of any power, duty or function vested in or imposed upon the board.
2. The executive officer must:
(a) Be a graduate of a 4‑year college or university with a degree in business administration or public administration or an equivalent degree, as determined by the board; and
(b) Possess at least 5 years experience in a high-level administrative or executive capacity in the field of insurance, management of employees benefits or risk management, including, without limitation, responsibility for a variety of administrative functions such as personnel, accounting, data processing or the structuring of insurance programs.
3. Except as otherwise provided in NRS 284.143, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment with any vendor or provider to the program.
4. The executive officer is entitled to an annual salary fixed by the board with the approval of the interim retirement and benefits committee of the legislature created pursuant to section 36.5 of this act. The salary of the executive officer is exempt from the limitations set forth in NRS 281.123.
Sec. 11. 1. Each member of the board and the executive officer shall complete at least 16 hours of continuing education relating to the administration of group benefits for public employees each year.
2. While attending courses of continuing education, a member of the board who is a public employee and the executive officer must be granted administrative leave with pay and are entitled to receive the travel expenses provided for state officers and employees generally.
3. While attending courses of continuing education, a member of the board who is not a public employee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 11.5. 1. A participating state employee whose position is only authorized for 4 to 6 months every other year and who plans to return to the same or a similar position for the next period during which such a position is authorized may retain his membership in and his dependents coverage by the program after his employment ceases for:
(a) Six full calendar months in addition to the period of extended coverage required by federal law following the termination of employment; or
(b) Twenty-four full calendar months, if no period of extended coverage is required by federal law.
2. An employee who elects to continue his participation in the program pursuant to subsection 1 shall pay the entire premium or contribution plus allowable administrative fees for his insurance until the date on which he is reemployed.
κ1999 Statutes of Nevada, Page 3025 (CHAPTER 573, SB 544)κ
3. Failure to return to the same or a similar position for any reason, whether the decision was made by the former employee or the state, does not affect the application of this section.
Sec. 12. (Deleted by amendment.)
Sec. 12.5. 1. If approved by the board pursuant to this section, a group of not less than 300 officers, employees or retired employees, or any combination thereof, that participate in the program may leave the program and secure life, accident or health insurance, or any combination thereof, for the group from an:
(a) Insurer that is authorized by the commissioner of insurance to provide such insurance; or
(b) Employee benefit plan, as defined in 29 U.S.C. § 1002(3) that has been approved by the board. The board may approve an employee benefit plan unless the board finds that the plan is not operated pursuant to such sound accounting and financial management practices as to ensure that the group will continue to receive adequate benefits.
2. Before entering into a contract with the insurer or approved employee benefit plan, the group shall submit the proposed contract to the board for approval. The board may approve the contract unless the departure of the group from the program would cause an increase of more than 5 percent in the costs of premiums or contributions for the remaining participants in the program. In determining whether to approve a proposed contract, the board shall follow the criteria set forth in the regulations adopted by the board pursuant to subsection 4 and may consider the cumulative impact of groups that have left or are proposing to leave the program. Except as otherwise provided in this section, the board has discretion in determining whether to approve a contract. If the board approves a proposed contract pursuant to this subsection, the group that submitted the proposed contract is not authorized to leave the program until 120 days after the date on which the board approves the proposed contract.
3. The board shall disburse periodically to the insurer or employee benefit plan with which a group contracts pursuant to this section the total amount set forth in the contract for premiums or contributions for the members of the group for that period but not to exceed the amount appropriated to or authorized for the department, agency, commission or public agency that employs the members of the group for premiums or contributions for the members of the group for that period, after deducting any administrative costs related to the group.
4. The board shall adopt regulations establishing the criteria pursuant to which the board will approve proposed contracts pursuant to subsection 2.
Sec. 13. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or [join the states program of group insurance or] medical and hospital service coverage or join the public employees benefits program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq.
κ1999 Statutes of Nevada, Page 3026 (CHAPTER 573, SB 544)κ
287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or [join the states program of group insurance or] medical and hospital service coverage or join the public employees benefits program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq. [).]
2. A retired person who continues coverage under the [states program of group insurance] public employees benefits program shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the [states] public employees benefits program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees retirement system [in order] to continue coverage.
3. Except as otherwise provided in NRS 287.0235, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 30 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the [states] public employees benefits program, as the case may be.
4. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage [under] pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
Sec. 14. NRS 287.0235 is hereby amended to read as follows:
287.0235 1. Notwithstanding the provisions of NRS 287.023 and 287.045, a person or the surviving spouse of a person who did not, at the time of his retirement pursuant to the conditions set forth in NRS 286.510 or 286.620, have the option to participate in the [states program of group insurance] public employees benefits program may join the [states program of group insurance,] public employees benefits program, to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq. , [),] by:
(a) Providing the public employees retirement board with written notice of his intention to enroll in the [states] public employees benefits program during a period of open enrollment;
(b) Showing evidence of his good health as a condition of enrollment;
(c) Accepting the [state programs] current plan of insurance of the public employees benefits program and any subsequent changes to the plan; and
(d) Paying any portion of the [policys] premiums or contributions for the program in the manner set forth in NRS 286.615, which are due [from] after the date of enrollment.
κ1999 Statutes of Nevada, Page 3027 (CHAPTER 573, SB 544)κ
The public employees retirement board shall, beginning on September 1, 1997, have a biennial period of open enrollment between September 1 of each odd-numbered year and January 31 of each even-numbered year during which eligible retired persons may join the [states program of group insurance] public employees benefits program pursuant to this section.
2. The public employees retirement board shall, on or before September 1, 1997, and every September 1 of each odd-numbered year thereafter, notify eligible retired persons described in subsection 1 of the period of open enrollment by:
(a) Mailing a notice regarding the period of open enrollment to all retired persons who are, according to its records, eligible to join the [states program of group insurance;] public employees benefits program;
(b) Posting a notice of the period of open enrollment at its principal office and at least three other separate prominent places, such as a library, community center or courthouse; and
(c) Publicizing the period of open enrollment in any other manner reasonably calculated to inform additional eligible retired persons.
3. The public employees retirement board shall notify the [committee on benefits] board of the public employees benefits program of the enrollment of any person on or before March 1 immediately following the period of open enrollment. The [committee on benefits] board of the public employees benefits program shall approve or disapprove the request for enrollment within 90 days after receipt of the request. Enrollment shall be deemed to occur on the day the request is approved.
4. Enrollment in the [states program of group insurance] public employees benefits program pursuant to this section excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before enrollment unless:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after enrollment; or
(b) The insurance coverage has been in effect more than 12 consecutive months.
Sec. 15. 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] board of the public employees benefits program 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;] public employees benefits program; and
2. To secure group health , [or] life or workers compensation 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.
κ1999 Statutes of Nevada, Page 3028 (CHAPTER 573, SB 544)κ
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:
(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. 16. NRS 287.030 is hereby amended to read as follows:
287.030 No provisions of law prohibiting, restricting or limiting the assignment of or order for wages or salary shall be deemed in any way to prohibit, restrict or limit the powers enumerated in NRS 287.010 and 287.020, nor the right and power of officers or employees to authorize and approve payment of premiums or contributions by wage and salary deductions.
Sec. 17. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, and section 2 of Senate Bill No. 404 of this [act,] session, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to, except as otherwise provided in section 2 of Senate Bill No. 404 of this [act,] session, make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums or contributions therefor.
Sec. 18. NRS 287.041 is hereby amended to read as follows:
287.041 1. There is hereby created the [committee on benefits to be composed of five] board of the public employees benefits program. The board consists of nine members appointed as follows:
[1. Two members must be selected by the board of directors of the State of Nevada Employees Association.
2. One member must be the director of the department of administration.
3. Two members, one of whom must be an employee retired from state service, must be appointed by the governor.]
(a) One member who is a professional employee of the University and Community College System of Nevada, appointed by the governor upon consideration of any recommendations of organizations that represent employees of the University and Community College System of Nevada.
(b) One member who is retired from public employment, appointed by the governor upon consideration of any recommendations of organizations that represent retired public employees.
(c) Two members who are employees of the state, appointed by the governor upon consideration of any recommendations of organizations that represent state employees.
κ1999 Statutes of Nevada, Page 3029 (CHAPTER 573, SB 544)κ
(d) One member appointed by the governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.
(e) One member who is employed by this state in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor. The governor may appoint the executive officer of the public employees retirement system to fill this position.
(f) Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor.
(g) The director of the department of administration or his designee.
2. Of the six persons appointed to the board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
3. Each person appointed as a member of the board must:
(a) Except for a member appointed pursuant to paragraph (f) of subsection 1, have been a participant in the program for at least 1 year before his appointment;
(b) Except for a member appointed pursuant to paragraph (f) of subsection 1, be a current employee of the State of Nevada or another public employer that participates in the program or a retired public employee who is a participant in the program; and
(c) Not be an elected officer of the State of Nevada or any of its political subdivisions.
4. Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the board is 4 years and until his successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the governor. If a member loses the requisite qualifications within the last 12 months of his term, the member may serve the remainder of his term. Members are eligible for reappointment. A vacancy occurring in the membership of the board must be filled in the same manner as the original appointment.
5. The appointed members of the board serve at the pleasure of the governor. If the governor wishes to remove a member from the board for any reason other than malfeasance or misdemeanor, the governor shall provide the member with written notice which states the reason for and the effective date of the removal.
Sec. 19. NRS 287.042 is hereby amended to read as follows:
287.042 1. [A majority of the members of the committee on benefits constitutes a quorum for the transaction of business.
2.] No member who is a public employee may receive any compensation for his services as a member of the [committee.] board. Any member who is [employed in the service of the state] a public employee must be granted administrative leave from his duties to engage in the business of the [committee] board without loss of his regular compensation.
κ1999 Statutes of Nevada, Page 3030 (CHAPTER 573, SB 544)κ
administrative leave from his duties to engage in the business of the [committee] board without loss of his regular compensation. Such leave does not reduce the amount of the members [annual leave.
3.] other accrued leave.
2. A member of the [committee] board who is not a public employee is entitled to receive $80 per day for his attendance at meetings of the [committee.] board.
Sec. 20. NRS 287.043 is hereby amended to read as follows:
287.043 [The committee on benefits shall:
1. Act as an advisory body on matters]
1. The board shall:
(a) Establish and carry out a program to be known as the public employees benefits program which:
(1) Must include a program relating to group life, accident or health insurance, or any combination of these [,] ; and
(2) May include a program to reduce taxable compensation or other forms of compensation other than deferred compensation,
for the benefit of all state officers and employees and other persons who participate in the [states program of group insurance.
2.] program.
(b) Ensure that the program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.
2. In establishing and carrying out the program, the board shall:
(a) Except as otherwise provided in this [subsection,] paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the [states program of group insurance. The committee] program. The board shall establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.
[3.] (b) Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
[4.] (c) Purchase policies of life, accident or health insurance, or any combination of these, or , if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible public officers, employees and retired employees who participate in the [states program.
5. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
6.] program.
(d) Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.
[7.] (e) Investigate and approve or disapprove any contract proposed pursuant to section 12.5 of this act.
κ1999 Statutes of Nevada, Page 3031 (CHAPTER 573, SB 544)κ
(f) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, and sections 2 and 3 of Senate Bill No. 404 of this [act,] session, and sections 5 to 12.5, inclusive, of this act, including , without limitation, the establishment of:
[(a)] (1) Fees for applications for participation in the [states] program and for the late payment of premiums [;
(b)] or contributions;
(2) Conditions for entry and reentry into the [states] program by public agencies enumerated in NRS 287.010; [and
(c)] (3) The levels of participation in the [states] program required for employees of participating public agencies [.
8.] ;
(4) Procedures by which a group of participants in the program may leave the program pursuant to section 12.5 of this act and conditions and procedures for reentry into the program by such participants; and
(5) Specific procedures for the determination of contested claims.
(g) Appoint
an independent certified public accountant. The accountant shall provide [an] :
(1) An annual audit of the [plan and] program; and
(2) A biennial audit of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits.
The accountant
shall report to the [committee] board and the [legislative
commission. For the purposes of] interim retirement and benefits
committee of the legislature created pursuant to section 36.5 of this act.
3. The board may use any services provided to state agencies and shall use the services of the purchasing division of the department of administration to establish and carry out the program.
4. The board may make recommendations to the legislature concerning legislation that it deems necessary and appropriate regarding the program.
5. The state and any other public employers that participate in the program are not liable for any obligation of the program other than indemnification of the board and its employees against liability relating to the administration of the program, subject to the limitations specified in NRS 41.0349.
6. As used in this section, employee benefits includes any form of compensation provided to a state employee pursuant to this Title except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.
Sec. 21. NRS 287.0433 is hereby amended to read as follows:
287.0433 The [committee on benefits] board may establish a plan of life, accident or health insurance and provide for the payment of contributions into the [self‑insurance fund,] fund for the public employees benefits program established pursuant to NRS 287.0435, a schedule of benefits and the disbursement of benefits from the fund. The [committee] board may reinsure any risk or any part of such a risk. [Payments into and disbursements from the fund must be so arranged as to keep the fund solvent.]
κ1999 Statutes of Nevada, Page 3032 (CHAPTER 573, SB 544)κ
Sec. 22. NRS 287.0434 is hereby amended to read as follows:
287.0434 The [committee on benefits] board 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,] the program, including , without limitation, contracts with licensed administrators and qualified actuaries.
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.] the program.
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,] board, the state or a participating public employer in administering a plan of insurance offered by that insurer, organization or corporation.
Sec. 23. NRS 287.0435 is hereby amended to read as follows:
287.0435 1. [If any plan of self-insurance is adopted by the committee on benefits, there is created a self-insurance fund as a trust fund for the purpose of receiving contributions. The self-insurance] All money received for the program, including, without limitation, premiums and contributions, must be deposited in the state treasury for credit to the fund for the public employees benefits program which is hereby created as a trust fund. The fund must be accounted for as an internal service fund. Payments into and disbursements from the fund must be so arranged as to keep the fund solvent at all times.
2. The money in the fund must be invested as other money of the state is invested and any income from investments paid into the fund for the benefit of the fund.
3. Disbursements from the fund must be made as any other claims against the state are paid.
4. The state treasurer may charge a reasonable fee for his services in administering the fund, but the state, the state general fund and the state treasurer are not liable to the fund for any loss sustained by the fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the [plan of self-insurance. The state is liable for indemnification of the committee on benefits, the state risk manager and other employees of the state against liability relating to the administration of the states program of group insurance, subject to the limitations specified in NRS 41.0349.] program.
Sec. 24. NRS 287.0437 is hereby amended to read as follows:
287.0437 [The committee on benefits may employ professional, technical and clerical personnel as necessary to assist it in the operation of the plan of self‑insurance. Their salaries and other costs must be paid out of the self‑insurance fund. The committee shall prepare a budget for these costs in the manner prescribed for state agencies.]
κ1999 Statutes of Nevada, Page 3033 (CHAPTER 573, SB 544)κ
1. The executive officer may appoint a quality control officer, operations officer, accounting officer, information technology systems officer and executive assistant who are in the unclassified service of the state and serve at the pleasure of the executive officer. The appointment and dismissal of the quality control officer are subject to the approval of the board.
2. The quality control officer, operations officer, accounting officer and information technology systems officer must each be a graduate of a 4‑year college or university with a degree that is appropriate to their respective responsibilities or possess equivalent experience as determined by the board.
3. The quality control officer, operations officer, accounting officer, information technology systems officer and executive assistant are entitled to annual salaries fixed by the board with the approval of the interim retirement and benefits committee of the legislature created pursuant to section 36.5 of this act. The salaries of these employees are exempt from the limitations set forth in NRS 281.123.
4. The executive officer may employ such staff in the classified service of the state as are necessary for the performance of his duties, within limits of legislative appropriations or other available money.
Sec. 25. NRS 287.0438 is hereby amended to read as follows:
287.0438 Except for the files of individual members and former members, the correspondence, files, minutes and books of the [plan] program are public records.
Sec. 26. NRS 287.0439 is hereby amended to read as follows:
287.0439 1. A participating public employer shall, on request, furnish to the [committee on benefits] board any information necessary to carry out the provisions of this chapter. Members of the [committee] board and its employees or agents may examine under oath any officer, agent or employee of a participating public employer concerning the information.
2. The books, records and payrolls of a participating public employer must be available for inspection by members of the [committee] board and its employees and agents to obtain any information necessary for the administration of the [plan,] program, including , without limitation, the accuracy of the payroll and identity of employees.
Sec. 27. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the premiums or contributions for that group insurance, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the [group insurance] program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. Participation by the state in the cost of premiums or contributions must not exceed the amounts specified by law. If an officer or employee chooses to cover his dependents, whenever this option is made available by the [committee on benefits,] board, except as otherwise provided in sections 2 and 3 of Senate Bill No. 404 of this [act,] session, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state.
κ1999 Statutes of Nevada, Page 3034 (CHAPTER 573, SB 544)κ
between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state.
2. A department, agency, commission or public agency shall not pay any part of those premiums or contributions if the group life insurance or group accident or health insurance is not approved by the [committee on benefits.] board.
Sec. 28. NRS 287.0445 is hereby amended to read as follows:
287.0445 The department, agency, commission or public agency which employed an officer or employee who:
1. Was injured in the course of that employment;
2. Receives compensation for a temporary total disability pursuant to NRS 616C.475; and
3. Was a member of the [states program of group insurance] program at the time of the injury,
shall pay the states share of the cost of the premiums [of the group insurance] or contributions for the program for that officer or employee for [a period of] not more than 9 months after the injury or until the officer or employee is able to return to work, whichever is less. If the previous injury recurs within 1 month after the employee returns to work and the employee again receives compensation pursuant to NRS 616C.475 as a result of the previous injury, the department, agency, commission or public agency shall not, except as otherwise provided in this subsection, pay the states share of the cost of the premiums or contributions for the period during which the employee is unable to work as a result of the recurring previous injury. If the initial period of disability was less than 9 months, the department, agency, commission or public agency shall pay, during the recurrence, the states share of the costs of the premiums or contributions for a period which, when added to the initial period, equals not more than 9 months.
Sec. 29. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as otherwise provided in this section, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the [states group insurance] program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
κ1999 Statutes of Nevada, Page 3035 (CHAPTER 573, SB 544)κ
4. Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.
5. An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the [states group insurance] program at the time of his retirement is eligible to participate in the program 30 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The [committee on benefits] board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the [states] program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.
6. Notwithstanding the provisions of subsections 1, 3 and 4, if the [committee on benefits] board does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to 689B.590, inclusive, and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.
Sec. 30. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as otherwise provided in subsection 6, any state or other participating officer or employee who elects to participate in the [states group insurance] program may participate, and the department, agency, commission or public agency that employs the officer or employee shall pay the states share of the cost of the premiums or contributions for the [group insurance] program from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the [states group insurance] program must authorize deductions from their compensation for the payment of premiums or contributions [on the insurance.] for the program.
2. The department of personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for [group insurance] the program for persons retired from the service of the state who have continued to participate [.] in the program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:
(a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.
(b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 286.300, of the base amount provided by law for that fiscal year.
κ1999 Statutes of Nevada, Page 3036 (CHAPTER 573, SB 544)κ
excluding service purchased pursuant to NRS 286.300, of the base amount provided by law for that fiscal year.
3. If the amount calculated pursuant to subsection 2 exceeds the actual premium [of] or contribution for the plan of the program that the retired participant selects, the balance must be credited to the [self-insurance] fund for the public employees benefits program created pursuant to NRS 287.0435.
4. For the purposes of subsection 2:
(a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.
(b) No proration may be made for a partial year of service.
5. The department shall agree through the [committee on benefits] board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the [group insurance] program after his death.
6. A senator or assemblyman who elects to participate in the [states group insurance] program shall pay the entire premium or contribution for his insurance.
Sec. 31. NRS 287.0465 is hereby amended to read as follows:
287.0465 1. If an officer or employee of the state or a dependent of such an officer or employee incurs an illness or injury for which medical services are payable under the plan for self-insurance [adopted] established by the [committee on benefits] board and the illness or injury is incurred under circumstances creating a legal liability in some person, other than the officer, employee or dependent, to pay all or part of the cost of those services, the [committee on benefits] board is subrogated to the right of the officer, employee or dependent to the extent of all such costs, and may join or intervene in any action by the officer, employee or dependent or his successors in interest, to enforce that legal liability.
2. If an officer, employee or dependent or his successors in interest fail or refuse to commence an action to enforce that legal liability, the [committee on benefits] board may commence an independent action, after notice to the officer, employee or dependent or his successors in interest, to recover all costs to which it is entitled. In any such action by the [committee on benefits,] board, the officer, employee or dependent may be joined as a third party defendant.
3. If the [committee on benefits] board is subrogated to the rights of the officer, employee or dependent or his successors in interest as provided in subsection 1, the [committee on benefits] board has a lien upon the total proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of a judgment or settlement or otherwise. Within 15 days after recovery by receipt of the proceeds of the judgment, settlement or other recovery, the officer, employee or dependent or his successors in interest shall notify the [committee on benefits] board of the recovery and pay the [committee on benefits] board the amount due to it pursuant to this section. The officer, employee or dependent or his successors in interest are not entitled to double recovery for the same injury.
κ1999 Statutes of Nevada, Page 3037 (CHAPTER 573, SB 544)κ
4. The officer, employee or dependent or his successors in interest shall notify the [committee on benefits] board in writing before entering any settlement or agreement or commencing any action to enforce the legal liability referred to in subsection 1.
Sec. 32. NRS 287.047 is hereby amended to read as follows:
287.047 If the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program or with the plan of self-insurance [:] of the program:
1. A participating state employee who retires on or after July 1, 1985, may retain his membership in and his dependents coverage by the [states program of group insurance.] program.
2. A participating legislator who retires from the service of the state or who completes 8 years of service as such may retain his membership in and his dependents coverage by the [states program of group insurance.] program.
Sec. 33. NRS 287.0475 is hereby amended to read as follows:
287.0475 1. A public employee who has retired pursuant to NRS 286.510 or 286.620 or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement [under NRS 287.010, 287.020 or 287.0433] pursuant to NRS 287.010 or 287.020 or the program as a public employee by:
(a) Giving written notice of his intent to reinstate the insurance to the employees last public employer not later than January 31, of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the [policys premiums,] premiums or contributions of the public employers program or plan of insurance, in the manner set forth in NRS 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31, of the year in which the public employee or surviving spouse gives notice of his intent to reinstate the insurance. The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within [12] 6 months before reinstatement unless:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The reinstated insurance has been in effect more than 12 consecutive months.
[3. The retired public employee, his dependents and the surviving spouse of a retired public employee who is deceased must show evidence of their good health as a condition of the reinstatement.]
κ1999 Statutes of Nevada, Page 3038 (CHAPTER 573, SB 544)κ
Sec. 34. NRS 287.048 is hereby amended to read as follows:
287.048 NRS 287.041 to 287.047, inclusive, and sections 5 to 12.5, inclusive, of this act, do not require any officer or employee of the State of Nevada to accept or join the [states program of group insurance,] program, or to assign his wages or salary to or authorize deductions from his wages or salary in payment of premiums or contributions for [group insurance.] the program.
Sec. 35. NRS 287.049 is hereby amended to read as follows:
287.049 The cost of premiums or contributions for [group insurance] the program as provided in NRS 287.044 must be budgeted for as other expenditures of the state are budgeted for.
Sec. 36. NRS 287.245 is hereby amended to read as follows:
287.245 1. The state may agree with any of its employees, and the board of regents of the University of Nevada may agree with any of its employees, to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125 by the [committee on benefits.] board of the public employees benefits program.
2. Political subdivisions of this state may agree with any of their employees to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125.
3. The employer shall deduct an amount from the taxable compensation of an employee pursuant to the agreement between the employer and the employee.
4. An employer shall not make any reduction in the taxable compensation of an employee pursuant to this section until the program established meets the requirements of 26 U.S.C. § 125 for eligibility.
5. The [committee on benefits] board of the public employees benefits program may establish and administer a program pursuant to 26 U.S.C. § 125. The [committee] board may:
(a) Create an appropriate fund for administration of money and other assets resulting from the money deducted [under] pursuant to the program.
(b) Delegate to one or more state agencies or institutions of the University and Community College System of Nevada the responsibility for administering the program for their respective employees, including [:] , without limitation:
(1) Collection of money deducted;
(2) Transmittal of money collected to depositories within the state designated by the [committee;] board; and
(3) Payment for eligible uses.
(c) Contract with a natural person, corporation, institution or other entity, directly or through a state agency or institution of the University and Community College System of Nevada, for services necessary to the administration of the plan, including [:] , without limitation:
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The control and safeguarding of assets;
(4) Programs for communication with employees; and
κ1999 Statutes of Nevada, Page 3039 (CHAPTER 573, SB 544)κ
(5) The administration and coordination of the program.
6. Each employee who participates in a program established by the [committee] board of the public employees benefits program pursuant to this section shall pay a proportionate share of the cost to administer the program as determined by the [committee.] board.
7. The provisions of this section do not supersede, make inoperative or reduce the benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 36.5. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created an interim retirement and benefits committee of the legislature to review the operation of the public employees retirement system and the public employees benefits program and to make recommendations to the public employees retirement board and the board of the public employees benefits program, the legislative commission and the legislature. The interim retirement and benefits committee consists of six members appointed as follows:
(a) Three members of the senate, one of whom is the chairman of the committee on finance during the preceding session and two of whom are appointed by the majority leader of the senate.
(b) Three members of the assembly, one of whom is the chairman of the committee on ways and means and two of whom are appointed by the speaker of the assembly.
2. The immediate past chairman of the senate standing committee on finance is the chairman of the interim retirement and benefits committee for the period ending with the convening of each odd‑numbered session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim retirement and benefits committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
3. The interim retirement and benefits committee may exercise the powers conferred on it by law only when the legislature is not in regular or special session and shall meet at the call of the chairman.
4. The director of the legislative counsel bureau shall provide a secretary for the interim retirement and benefits committee.
5. The members of the interim retirement and benefits committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided by NRS 218.2207 for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, compensation and travel expenses of the members of the committee must be paid from the legislative fund.
Sec. 37. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
κ1999 Statutes of Nevada, Page 3040 (CHAPTER 573, SB 544)κ
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The welfare division of the department of human resources.
(h) The division of health care financing and policy of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.
2. Except as otherwise provided in NRS 391.323, the department of education, the [committee on benefits] board of the public employees benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 38. NRS 277.067 is hereby amended to read as follows:
277.067 1. Except as otherwise provided in subsection 2, any two or more political subdivisions of this state, agencies of the state or the University and Community College System of Nevada 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:
κ1999 Statutes of Nevada, Page 3041 (CHAPTER 573, SB 544)κ
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 of protection.
2. Any political subdivision of the state, any agency of the state or the University and Community College System of Nevada which participates in the [states program of group insurance] public employees benefits program shall obtain the approval of the [committee on benefits] board of the public employees benefits program before it enters into a cooperative agreement for the purchase of health insurance pursuant to paragraph (e) of subsection 1.
3. Any such agreement may obligate the respective parties to pledge revenues or contribute money to secure the obligations or pay the expenses of the cooperative undertaking and may provide for the establishment of a separate entity to administer the undertaking.
Sec. 39. Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:
The state risk manager may employ such staff as is necessary for the performance of his duties, within limits of legislative appropriations or other available money.
Sec. 40. NRS 331.184 is hereby amended to read as follows:
331.184 The state risk manager shall:
1. Direct and supervise all administrative and technical activities of the risk management division.
2. Determine the nature and extent of requirements for insurance, other than group life, accident or health insurance, on risks of an insurable nature of the state and any of its agencies, the premiums for which are payable in whole or in part from public money.
3. Negotiate for, procure, purchase and have placed, through a licensed insurance agent or broker residing or domiciled in Nevada, or continued in effect all insurance coverages, other than employee group life, accident or health insurance, which may be reasonably obtainable, whether from insurers authorized to transact business in this state or under the surplus lines provisions of chapter 685A of NRS.
4. Conduct periodic inspections of premises, property and risks to determine insurability, risk and premium rate, and submit a written report of each inspection and appraisal, together with any recommendations that appear appropriate, to the administrator of the agency most responsible for the premises, property or risk, and to the director of the department of administration.
5. Provide for self-insurance if the potential loss is relatively insignificant or if the risk is highly predictable and the probability of loss is so slight that the cost of insuring the risk is not a prudent expenditure of public funds, or if insurance is unavailable or unavailable at a reasonable cost.
κ1999 Statutes of Nevada, Page 3042 (CHAPTER 573, SB 544)κ
public funds, or if insurance is unavailable or unavailable at a reasonable cost.
6. Select reasonable deductibles when it appears economically advantageous to the state to do so.
7. Select comprehensive and blanket coverages insuring the property of two or more state agencies when that appears economically advisable.
8. Investigate and determine the reliability and financial condition of insurers, and the services they provide.
9. Minimize risks by adopting and promoting programs to control losses and encourage safety.
10. Perform any of the services described in subsections 2, 3 and 4 for any political subdivision of the state at the request of its managing officer or governing body.
11. [Act as adviser to the committee on benefits.
12.] Perform any other function of risk management as directed by the director of the department of administration.
Sec. 41. Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner shall adopt regulations which require the use of uniform claim forms and billing codes and the ability to make compatible electronic data transfers for all insurers and administrators authorized to conduct business in this state relating to a health care plan or health insurance or providing or arranging for the provision of health care services, including, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation, a health maintenance organization, a plan for dental care and a prepaid limited health service organization.
2. As used in this section:
(a) Administrator has the meaning ascribed to it in NRS 683A.025.
(b) Health care plan means a policy, contract, certificate or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
Sec. 42. NRS 689B.065 is hereby amended to read as follows:
689B.065 1. A policy of group health insurance issued to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that replacement policy is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement policy pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
κ1999 Statutes of Nevada, Page 3043 (CHAPTER 573, SB 544)κ
3. Any insurer which issues a replacement policy pursuant to subsection 1 may submit a written request to the insurer who provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer who provided the previous policy or coverage shall give a written statement to the insurer providing the replacement policy which indicates what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section:
(a) Apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a policy of group health insurance.
(b) Do not apply to the [states program of group insurance] public employees benefits program established pursuant to NRS 287.041 to 287.049, inclusive [.] , and sections 5 to 12.5, inclusive, of this act.
Sec. 42.5. Section 18 of this act is hereby amended to read as follows:
Sec. 18. NRS 287.041 is hereby amended to read as follows:
287.041 1. There is hereby created the board of the public employees benefits program. The board consists of [nine] seven members appointed as follows:
(a) One member who is an employee of the University and Community College System of Nevada, appointed by the governor upon consideration of any recommendations of organizations that represent employees of the University and Community College System of Nevada.
(b) One member who is retired from public employment, appointed by the governor upon consideration of any recommendations of organizations that represent retired public employees.
(c) Two members who are employees of the state, appointed by the governor upon consideration of any recommendations of organizations that represent state employees.
(d) One member appointed by the governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.
(e) One member who is employed by this state in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor. The governor may appoint the executive officer of the public employees retirement system to fill this position.
(f) [Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor.
(g)] The director of the department of administration or his designee.
2. Of the six persons appointed to the board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
κ1999 Statutes of Nevada, Page 3044 (CHAPTER 573, SB 544)κ
accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
3. Each person appointed as a member of the board must:
(a) [Except for a member appointed pursuant to paragraph (f) of subsection 1, have] Have been a participant in the program for at least 1 year before his appointment;
(b) [Except for a member appointed pursuant to paragraph (f) of subsection 1, be] Be a current employee of the State of Nevada or another public employer that participates in the program or a retired public employee who is a participant in the program; and
(c) Not be an elected officer of the State of Nevada or any of its political subdivisions.
4. Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the board is 4 years and until his successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the governor. If a member loses the requisite qualifications within the last 12 months of his term, the member may serve the remainder of his term. Members are eligible for reappointment. A vacancy occurring in the membership of the board must be filled in the same manner as the original appointment.
5. The appointed members of the board serve at the pleasure of the governor. If the governor wishes to remove a member from the board for any reason other than malfeasance or misdemeanor, the governor shall provide the member with written notice which states the reason for and the effective date of the removal.
Sec. 42.7. Section 3 of Assembly Bill No. 12 of this session is hereby amended to read as follows:
Sec. 3. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The welfare division of the department of human resources.
(h) The division of health care financing and policy of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.
(k) The division of industrial relations of the department of business and industry acting to enforce the provisions of NRS 618.375.
κ1999 Statutes of Nevada, Page 3045 (CHAPTER 573, SB 544)κ
(l) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.
2. Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Secs. 43‑46. (Deleted by amendment.)
Sec. 47. Section 3 of Assembly Bill No. 176 of this session is hereby amended to read as follows:
Sec. 3. 1. Notwithstanding the provisions of NRS 287.041 to 287.049, inclusive, to the contrary, the operation of the Committee on Benefits, created by NRS 287.041, is hereby [indefinitely] suspended and the committee shall not transact any business or hold any meetings [after the effective date of this act.
2. On and after the effective date of this act, the] until the members of the board of the public employees benefits program are appointed pursuant to section 48 of Senate Bill No. 544 of this session.
κ1999 Statutes of Nevada, Page 3046 (CHAPTER 573, SB 544)κ
2. The Governor, or his designee, shall administer the provisions of NRS 287.041 to 287.049, inclusive [.] , until the members of the board of the public employees benefits program are appointed pursuant to section 48 of Senate Bill No. 544 of this session. For this purpose, the Governor or his designee are hereby granted all powers necessary and proper to ensure the efficient and effective operation of the plan of self-insurance for state officers and employees and all other programs and benefits authorized by NRS 287.041 to 287.049, inclusive, and shall act on behalf of the Committee on Benefits in all matters relating to any contracts or other matters to which the committee is a party.
3. The State of Nevada is liable for indemnification of the Governor and his designee against liability relating to the administration of the states program of group insurance or the public employees benefits program, subject to the limitations specified in NRS 41.0349.
Sec. 47.2. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:
Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the [states program of group insurance] public employees benefits program if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the [states program of group insurance] public employees benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the [states program of group insurance.] public employees benefits program. If such a spouse or child elects to join the [states program of group insurance,] public employees benefits program, the spouse, child or legal guardian of the child must notify in writing the [committee on benefits] board within 60 days after the date of death of the volunteer fireman.
3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the [states program of group insurance] public employees benefits program for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the [states program of group insurance] public employees benefits program for the surviving spouse or child who elects to join the [states program of group insurance] public employees benefits program pursuant to subsection 2.
κ1999 Statutes of Nevada, Page 3047 (CHAPTER 573, SB 544)κ
program for the surviving spouse or child who elects to join the [states program of group insurance] public employees benefits program pursuant to subsection 2.
4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
5. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
Sec. 47.3. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:
Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the public employees benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the public employees benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the public employees benefits program. If such a spouse or child elects to join the public employees benefits program the spouse, child or legal guardian of the child must notify in writing the board within 60 days after the date of death of the volunteer fireman.
3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the public employees benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the public employees benefits program for the surviving spouse or child who elects to join the public employees benefits program pursuant to subsection 2.
κ1999 Statutes of Nevada, Page 3048 (CHAPTER 573, SB 544)κ
4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
5. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
Sec. 47.5. NRS 286.113 and 287.0432 are hereby repealed.
Sec. 48. 1. The terms of the persons who are members of the committee on benefits on June 30, 1999, expire on that date.
2. As soon as practicable on or before July 1, 1999, the appointing authorities set forth in subsection 1 of NRS 287.041, as amended by this act, shall appoint members of the board. The initial appointed members of the board shall, at the first meeting of the board after their appointment, draw lots to determine which:
(a) Member will serve an initial term that begins on July 1, 1999, and expires on July 1, 2000;
(b) Member will serve an initial term that begins on July 1, 1999, and expires on July 1, 2001;
(c) Member will serve an initial term that begins on July 1, 1999, and expires on July 1, 2002; and
(d) Two members will serve initial terms that begin on July 1, 1999, and expire on July 1, 2003.
Sec. 48.5. On or before February 5, 2001, the board of the public employees benefits program created pursuant to NRS 287.041 shall submit a copy of the regulations adopted by the board pursuant to section 12.5 of this act to the 71st session of the Nevada Legislature.
Sec. 49. 1. This section and sections 41, 47 and 48 of this act become effective upon passage and approval.
2. Sections 1 to 12, inclusive, 13 to 28, inclusive, 30 to 40, inclusive, 42, 42.7, 47.2, 47.5, 48.5 and 50 of this act become effective on July 1, 1999.
3. Section 29 of this act becomes effective at 12:01 a.m. on July 1, 1999.
4. Section 12.5 and 47.3 of this act become effective on July 1, 1999, for the purpose of adopting regulations, and on January 1, 2001, for all other purposes.
5. Section 18 of this act expires by limitation on July 1, 2003.
6. Section 42.5 of this act becomes effective on July 1, 2003.
Sec. 50. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to:
(a) Committee on benefits to board of the public employees benefits program.
(b) States program of group insurance to public employees benefits program.
κ1999 Statutes of Nevada, Page 3049 (CHAPTER 573, SB 544)κ
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to:
(a) Committee on benefits to board of the public employees benefits program.
(b) States program of group insurance to public employees benefits program.
________
Senate Bill No. 210Senator Townsend
CHAPTER 574
AN ACT relating to professions; creating the board of examiners for alcohol and drug abuse counselors; prescribing the powers and duties of the board; requiring persons who counsel alcohol and drug abusers to be licensed or certified by the board; prescribing the requirements for licensure and certification; providing a penalty; 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. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 44, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Board means the board of examiners for alcohol and drug abuse counselors.
Sec. 4. Certificate means a certificate issued to a person who is certified as an alcohol and drug abuse counselor or an alcohol and drug abuse counselor intern.
Sec. 5. Certified counselor means a person who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 6. Certified intern means a person who is certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter.
Sec. 7. Habitual use means the use of alcohol and drugs that endangers the health, safety or welfare of the user or any other person.
Sec. 8. License means a license issued to a person who is licensed as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 9. Licensed counselor means a person who is licensed as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 10. Practice of counseling alcohol and drug abusers means the application of counseling to reduce or eliminate the habitual use of alcohol or other drugs, other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS.
κ1999 Statutes of Nevada, Page 3050 (CHAPTER 574, SB 210)κ
Sec. 11. The practice of counseling alcohol and drug abusers is hereby declared to be a learned profession, affecting public health, safety and welfare and is subject to regulation to protect the public from the practice of counseling alcohol and drug abusers by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling alcohol and drug abusers.
Sec. 12. A license or certificate issued pursuant to the provisions of this chapter is a privilege that may be revoked in accordance with the disciplinary procedures set forth in this chapter and in regulations adopted by the board pursuant thereto, and no holder of such a license or certificate acquires thereby any vested right.
Sec. 13. The provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to the provisions of chapter 630 of NRS;
2. A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the state board of nursing to engage in the practice of counseling alcohol and drug abusers;
3. A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;
4. A marriage and family therapist who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the board of examiners for marriage and family therapists to engage in the practice of counseling alcohol and drug abusers; or
5. A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the board of examiners for social workers to engage in the practice of counseling alcohol and drug abusers.
Sec. 14. 1. The board of examiners for alcohol and drug abuse counselors, consisting of five members appointed by the governor, is hereby created.
2. The board must consist of:
(a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter;
(b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter; and
(c) One member who is a representative of the general public.
3. A person may not be appointed to the board unless he is:
(a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b) A resident of this state.
4. No member 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. 15. 1. After the initial terms, the members of the board must be appointed to terms of 4 years and may not serve more than two consecutive terms.
2. Upon the expiration of his term, a member continues to serve on the board until a qualified person has been appointed as his successor.
κ1999 Statutes of Nevada, Page 3051 (CHAPTER 574, SB 210)κ
3. The governor may, after notice and hearing, remove any member of the board for misconduct, incompetence, neglect of duty or any other sufficient cause.
4. The board shall:
(a) Elect annually from its members a president, vice president and secretary‑treasurer. If the president, vice president or secretary-treasurer is replaced by another person appointed by the governor, the board shall elect from its members a replacement for the president, vice president or secretary-treasurer.
(b) Meet not less than twice a year and may meet at other times at the call of the president or a majority of its members.
(c) Not incur any expenses that exceed the money received from time to time as fees provided by the provisions of this chapter.
(d) Prepare and maintain a record of its transactions and proceedings.
(e) Adopt a seal of which each court of this state shall take judicial notice.
5. A majority of the members of the board constitutes a quorum to transact the business of the board.
Sec. 16. 1. Each member of the board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses, at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for officers and employees of this state generally.
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for officers and employees of this state generally.
Sec. 17. The secretary-treasurer of the board shall prepare and maintain:
1. A separate list of the names and addresses of:
(a) The applicants for a license;
(b) The applicants for a certificate;
(c) The licensed counselors;
(d) The certified counselors; and
(e) The certified interns.
2. A record of each examination conducted by the board.
3. An inventory of:
(a) The property of the board; and
(b) The property of this state that is in the possession of the board.
Sec. 18. The board may:
1. Maintain offices in as many locations in this state as it considers necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other persons necessary to carry out its duties.
Sec. 19. 1. Except as otherwise provided in subsection 4, all expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
κ1999 Statutes of Nevada, Page 3052 (CHAPTER 574, SB 210)κ
2. All money received by the board must be deposited in a bank or other financial institution in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in a bank or other financial institution in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the board shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund. If money is so deposited, the board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 20. Each applicant for a license or certificate must submit to the board:
1. An application on a form provided by the board; and
2. The application fee prescribed in section 34 of this act.
Sec. 21. An application for a license or certificate must set forth the social security number of the applicant.
Sec. 22. 1. An applicant for the issuance, renewal, reinstatement or restoration of a license or certificate shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance, renewal, reinstatement or restoration of the license or certificate; or
(b) A separate form prescribed by the board.
3. A license or certificate may not be issued, renewed, reinstated or restored by the board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to notify the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
κ1999 Statutes of Nevada, Page 3053 (CHAPTER 574, SB 210)κ
Sec. 23. The board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the board;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
Sec. 24. 1. A license as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
2. A licensed counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers;
(b) Diagnose or classify a person as an alcoholic or abuser of drugs; and
(c) Supervise certified interns.
Sec. 25. 1. The board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a bachelors degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
κ1999 Statutes of Nevada, Page 3054 (CHAPTER 574, SB 210)κ
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
2. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
3. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 26. 1. The board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to section 34 of this act;
(e) Submits proof to the board that he:
(1) Is enrolled in a program from which he will receive an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board; or
(2) Has received an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board; and
(f) Submits the statement required pursuant to section 22 of this act.
2. A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 27. 1. Except as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers unless he is a licensed counselor, certified counselor or certified intern.
2. A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor for not more than 30 days if that person:
(a) Is qualified to be licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter; and
(b) Submits an application to the board for a license or certificate as an alcohol and drug abuse counselor or a certificate as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter.
Sec. 28. 1. Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the provisions of this chapter and any regulations adopted by the board pursuant to the provisions of this chapter.
2. The board shall:
(a) Examine applicants at least two times each year.
κ1999 Statutes of Nevada, Page 3055 (CHAPTER 574, SB 210)κ
(b) Establish the time and place for the examinations.
(c) Provide such books and forms as may be necessary to conduct the examinations.
(d) Establish, by regulation, the requirements for passing the examination.
3. The board may employ other persons to conduct the examinations.
Sec. 29. 1. The board may hold hearings and conduct investigations concerning any matter related to an application for a license or certificate. In the hearings and investigations, the board may require the presentation of evidence.
2. The board may refuse to issue a license or certificate to an applicant if the board determines that the applicant:
(a) Is not of good moral character as it relates to the practice of counseling alcohol and drug abusers;
(b) Has submitted a false credential to the board;
(c) Has been disciplined in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers;
(d) Has committed an act in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers that would be a violation of the provisions of this chapter if the act were committed in this state; or
(e) Has failed to comply with any of the requirements for a license or certificate.
Sec. 30. The board shall issue a license or certificate without examination to a person who holds a license or certificate as an alcohol and drug abuse counselor in another state, a territory or possession of the United States or the District of Columbia if the requirements of that jurisdiction at the time the license or certificate was issued are deemed by the board to be substantially equivalent to the requirements set forth in the provisions of this chapter.
Sec. 31. 1. The board may issue a provisional license or certificate as an alcohol and drug abuse counselor to a person who has applied to the board to take the examination for a license or certificate as an alcohol and drug abuse counselor and is otherwise eligible for that license or certificate pursuant to section 23 or 25 of this act.
2. A provisional license or certificate is valid for not more than 1 year and may not be renewed.
Sec. 32. Except as otherwise provided in section 31 of this act, a person may renew his license or certificate by submitting to the board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed in section 34 of this act;
3. Evidence of his completion of the continuing education required by the board;
4. If the applicant is a certified intern, the name of the licensed counselor who supervises him; and
5. The statement required pursuant to section 22 of this act.
κ1999 Statutes of Nevada, Page 3056 (CHAPTER 574, SB 210)κ
Sec. 33. 1. A license or certificate that is not renewed on or before the date on which it expires is delinquent. The board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
2. A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of section 32 of this act and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in section 34 of this act.
3. A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.
4. A license or certificate that has expired may be restored if the applicant:
(a) Submits to the board an application to restore the license or certificate;
(b) Submits to the board the statement required pursuant to section 22 of this act;
(c) Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in section 34 of this act;
(d) Passes the oral and written examinations prescribed by the board; and
(e) Submits to the board evidence of his completion of the continuing education required by the board.
Sec. 34. 1. The board shall charge and collect not more than the following fees:
For the initial application for a license or certificate................................. $150
For the issuance of a provisional license or certificate................................. 125
For the issuance of an initial license or certificate.......................................... 60
For the renewal of a license or certificate as an alcohol and drug abuse counselor 300
For the renewal of a certificate as an alcohol and drug abuse counselor intern 75
For the renewal of a delinquent license or certificate..................................... 75
For the restoration of an expired license or certificate................................. 150
For the restoration of a suspended or revoked license or certificate......... 300
For the issuance of a license or certificate without examination............... 150
For an examination.............................................................................................. 150
2. The fees charged and collected pursuant to this section are not refundable.
κ1999 Statutes of Nevada, Page 3057 (CHAPTER 574, SB 210)κ
Sec. 35. The grounds for initiating disciplinary action pursuant to the provisions of this chapter include:
1. Conviction of:
(a) A felony;
(b) An offense involving moral turpitude; or
(c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;
2. Fraud or deception in:
(a) Applying for a license or certificate;
(b) Taking an examination for a license or certificate;
(c) Documenting the continuing education required to renew or reinstate a license or certificate;
(d) Submitting a claim for payment to an insurer; or
(e) The practice of counseling alcohol and drug abusers;
3. Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;
4. Professional incompetence;
5. The habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers;
6. Engaging in the practice of counseling alcohol and drug abusers with an expired, suspended or revoked license or certificate; and
7. Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the board.
Sec. 36. 1. The board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
2. As soon as practicable after the filing of the complaint, the board shall set a date for a hearing thereon. The date must not be earlier than 30 days after the complaint is filed, except that the date may be changed upon agreement of the parties. The board shall immediately notify the licensed or certified counselor or certified intern of the complaint and the date and place set for the hearing. A copy of the complaint must be attached to the notice.
3. The failure of the licensed or certified counselor or certified intern to appear at the hearing does not delay or void the proceeding.
4. The board may, for good cause, continue a hearing from time to time.
5. If, after notice and a hearing, the board determines that the licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:
(a) Administer a public or private reprimand;
(b) Suspend his license or certificate and impose conditions for the removal of the suspension;
κ1999 Statutes of Nevada, Page 3058 (CHAPTER 574, SB 210)κ
(c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;
(d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers;
(e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;
(f) Require him to pay restitution to any person adversely affected by his acts or omissions;
(g) Impose a fine of not more than $5,000;
(h) Require him to pay the costs of the board for the investigation and hearing; or
(i) Take any combination of the actions authorized by paragraphs (a) to (h), inclusive.
6. If his license or certificate is revoked or suspended pursuant to subsection 5, the licensed or certified counselor or certified intern may apply to the board for a rehearing within 10 days after the license or certificate is revoked or suspended. The licensed or certified counselor or certified intern may apply to the board for reinstatement of his revoked license or certificate not earlier than 1 year after the license or certificate is revoked. The board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.
Sec. 37. A person who violates any of the provisions of this chapter is guilty of a misdemeanor.
Sec. 38. The board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:
1. The ethical standards for licensed and certified counselors and certified interns; and
2. The requirements for continuing education for the renewal or reinstatement of a license or certificate.
Sec. 39. 1. Any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation, the information and records are public records if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
2. If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection 1, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.
κ1999 Statutes of Nevada, Page 3059 (CHAPTER 574, SB 210)κ
Sec. 40. 1. The board may issue subpoenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which a hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by a subpoena issued by the board.
3. If a witness refuses to attend or testify or to produce any books or papers required by a subpoena, the board may file a petition ex parte with the district court, setting forth that:
(a) Notice has been given of the time and place for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the board pursuant to this section;
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing; and
(d) The board therefore requests an order of the court compelling the witness to attend and testify or produce the books and papers before the board.
4. The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and to show cause why he has not attended or testified or produced the books or papers before the board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order, and testify or produce the required books or papers. The failure to obey the order is a contempt of the court that issued it.
Sec. 41. Each witness who appears by an order of the board is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case. The amount must be paid by the party who requested the subpoena. If a witness who has not been required to attend at the request of any party is subpoenaed by the board, his fees and mileage must be paid from the money of the board.
Sec. 42. 1. The board may, in any hearing before it, cause the deposition of witnesses to be taken in the manner prescribed for depositions in civil actions in this state.
2. The district court in and for the county in which a hearing is held shall, upon the application of the board, issue a commission to another state for the taking of evidence in that state for use in a proceeding before the board.
Sec. 43. 1. If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person, the board shall deem the license or certificate to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the person by the district attorney or other public agency pursuant to NRS 425.550 stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ1999 Statutes of Nevada, Page 3060 (CHAPTER 574, SB 210)κ
order was issued unless the board receives a letter issued to the person by the district attorney or other public agency pursuant to NRS 425.550 stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The board shall reinstate a license or certificate that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 44. 1. A person shall not:
(a) Hold himself out to the member of the general public as an alcohol and drug abuse counselor or alcohol and drug abuse counselor intern;
(b) Use the title alcohol and drug abuse counselor, alcohol and drug abuse counselor intern, drug abuse counselor, substance abuse counselor or any similar title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the board,
unless he is licensed or certified by the board pursuant to the provisions of this chapter.
2. If the board believes that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prevent the criminal prosecution and punishment of a person who violates the provisions of subsection 1.
Sec. 45. (Deleted by amendment.)
Sec. 46. NRS 641.029 is hereby amended to read as follows:
641.029 [This chapter does] The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A person who is licensed to practice dentistry in this state;
3. A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
4. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act; or
7. Any clergyman,
if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
Sec. 47. (Deleted by amendment.)
κ1999 Statutes of Nevada, Page 3061 (CHAPTER 574, SB 210)κ
Sec. 48. NRS 641B.040 is hereby amended to read as follows:
641B.040 [This chapter does] The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A nurse who is licensed to practice in this state;
3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person [certified] who is licensed as a marriage and family [counselor] therapist pursuant to chapter 641A of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act;
7. Any clergyman;
8. A county welfare director;
9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates his training status.
Sec. 49. (Deleted by amendment.)
Sec. 50. NRS 62.2275 is hereby amended to read as follows:
62.2275 1. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed the unlawful act of:
(a) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795;
(b) Using, possessing, selling or distributing a controlled substance; or
(c) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section:
(a) Must be conducted by:
(1) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to sections 2 to 44, inclusive, of this act to make that classification [by the bureau of alcohol and drug abuse;] ; or
(2) A physician who is certified to make that classification by the board of medical examiners , [; or
(3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,] who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
κ1999 Statutes of Nevada, Page 3062 (CHAPTER 574, SB 210)κ
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all [of] those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. [Such an] The evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the drivers record of that child for 7 years after the date of the offense.
κ1999 Statutes of Nevada, Page 3063 (CHAPTER 574, SB 210)κ
violated the provisions of NRS 484.379 or 484.3795 must be included in the drivers record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) Bureau of alcohol and drug abuse means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) Evaluation center has the meaning ascribed to it in NRS 484.3793.
(c) Treatment facility has the meaning ascribed to it in NRS 484.3793.
Sec. 51. NRS 209.448 is hereby amended to read as follows:
209.448 1. An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than 30 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act.
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 52. NRS 211.340 is hereby amended to read as follows:
211.340 1. In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from his term of imprisonment if the prisoner:
(a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act; and
(b) Is awarded a certificate evidencing his successful completion of the program.
2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec. 53. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625A, inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS and sections 2 to 44, inclusive, of this act shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all [of] its fiscal records once each year for the preceding fiscal year or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.
κ1999 Statutes of Nevada, Page 3064 (CHAPTER 574, SB 210)κ
2. A report of each such audit must be filed by the board or commission with the legislative auditor and the director of the budget on or before December 1 of each year in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
3. The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 54. NRS 232.920 is hereby amended to read as follows:
232.920 The director:
1. Shall:
(a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;
(b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary [to] for the performance of the duties of the department.
Sec. 55. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government, including the commission on judicial discipline;
(b) Any person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 44, inclusive, of this act; or
(c) Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
κ1999 Statutes of Nevada, Page 3065 (CHAPTER 574, SB 210)κ
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the legislative commission with respect to the personnel of the legislative counsel bureau.
4. Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS and sections 2 to 44, inclusive, of this act which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the state board of examiners before those services may be provided.
Sec. 56. NRS 353A.010 is hereby amended to read as follows:
353A.010 As used in this chapter, unless the context otherwise requires:
1. Agency means every agency, department, division, board, commission or similar body, or elected officer, of the executive branch of the state, except:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 44, inclusive, of this act.
(b) The University and Community College System of Nevada.
(c) The public employees retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of business and industry.
(f) The Colorado River commission.
2. Director means the director of the department of administration.
3. Internal accounting and administrative control means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.
Sec. 57. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to [458.360,] 458.350, inclusive, unless the context requires otherwise:
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. Chief means the chief of the bureau.
6. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. Department means the department of employment, training and rehabilitation.
κ1999 Statutes of Nevada, Page 3066 (CHAPTER 574, SB 210)κ
8. Director means the director of the department.
9. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 57.5. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this session, unless the context requires otherwise:
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. Chief means the chief of the bureau.
6. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. Department means the department of employment, training and rehabilitation.
8. Detoxification technician means a person who is certified by the bureau to provide screening for the safe withdrawal from alcohol and other drugs.
9. Director means the director of the department.
[9.] 10. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
[10.] 11. Halfway house for alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Sec. 58. NRS 458.025 is hereby amended to read as follows:
458.025 The bureau of alcohol and drug abuse is hereby created in the rehabilitation division of the department. The bureau:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
κ1999 Statutes of Nevada, Page 3067 (CHAPTER 574, SB 210)κ
(c) A survey of the need for trained teachers, persons who have professional training in fields of health and others involved in the education and prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. [Is responsible for coordinating] Shall coordinate the efforts to carry out the state plan and [coordinating] coordinate all state and federal financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all applications for grants from within the state which are concerned with alcohol and drug abuse programs, and shall review and advise concerning the applications.
3. Shall develop and publish standards of certification and may certify or deny certification of [any] operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians or any facilities [, programs or personnel] or programs on the basis of the standards, and publish a list of certified operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs and personnel. Any facilities, programs or personnel] and programs. Any operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief:
(a) Shall establish the requirements for continuing education for persons certified as [counselors and administrators of the programs;] detoxification technicians; and
(b) May set fees for the certification of operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs or personnel.] or programs. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed the actual cost to the bureau of issuing the certificate.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and [personnel] detoxification technicians and add them to the list [of certified facilities, programs and personnel.] described in subsection 3.
Sec. 58.2. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his certification as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
κ1999 Statutes of Nevada, Page 3068 (CHAPTER 574, SB 210)κ
2. The bureau shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the bureau.
3. The certification of a person as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] may not be issued or renewed by the bureau if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 58.4. NRS 458.027 is hereby amended to read as follows:
458.027 1. If the bureau receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, the bureau shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The bureau shall reinstate the certification of a person as [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 58.6. NRS 458.028 is hereby amended to read as follows:
458.028 An application for the certification of [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, must include the social security number of the applicant.
κ1999 Statutes of Nevada, Page 3069 (CHAPTER 574, SB 210)κ
Sec. 59. NRS 458.031 is hereby amended to read as follows:
458.031 The department shall administer the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, as the sole agency of the State of Nevada for that purpose.
Sec. 60. NRS 458.035 is hereby amended to read as follows:
458.035 The department may contract with any appropriate public or private agency, organization or institution [in order] to carry out the provisions of NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 61. NRS 458.043 is hereby amended to read as follows:
458.043 As executive head of the bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by NRS 458.010 to [458.360,] 458.350, inclusive, subject to administrative supervision by the administrator of the rehabilitation division of the department.
2. Subject to the approval of the administrator of the rehabilitation division of the department, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.
Sec. 62. NRS 458.055 is hereby amended to read as follows:
458.055 1. To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.
2. Wherever information concerning persons applying for and receiving any services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of [such] that information by the agency or institution is subject to the rules established by the bureau pursuant to subsection 1.
3. Except as otherwise provided in NRS 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to [458.360,] 458.350, inclusive, a person shall not disclose, use or permit to be disclosed, any confidential information concerning a person receiving services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 63. NRS 458.091 is hereby amended to read as follows:
458.091 Alcohol and drug abusers must be admitted to public or private general medical hospitals which receive federal or state money for alcohol and drug abuse programs, and must be treated in [such] those hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 64. NRS 458.100 is hereby amended to read as follows:
458.100 1. All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury for credit to the state grant and gift account for alcohol and drug abuse which is hereby created in the department of employment, training and rehabilitations gift fund.
κ1999 Statutes of Nevada, Page 3070 (CHAPTER 574, SB 210)κ
2. Money in the account must be used [for the purpose of carrying] to carry out the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, and other programs or laws administered by the bureau.
3. All claims must be approved by the chief before they are paid.
Sec. 65. NRS 458.110 is hereby amended to read as follows:
458.110 In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the bureau may engage in any activity necessary to effectuate the purposes of NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 66. NRS 458.115 is hereby amended to read as follows:
458.115 Money to carry out the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, must be provided by direct legislative appropriation from the state general fund and paid out on claims as other claims against the state are paid. All claims must be approved by the chief before they are paid.
Sec. 67. NRS 484.37937 is hereby amended to read as follows:
484.37937 1. Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 6 months. The court shall authorize such treatment if:
(a) The person is diagnosed as an alcoholic or abuser of drugs by [a:
(1) Counselor or other person certified] :
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician] ; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse.
κ1999 Statutes of Nevada, Page 3071 (CHAPTER 574, SB 210)κ
treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 68. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 1 year if:
(a) He is diagnosed as an alcoholic or abuser of drugs by [a:
(1) Counselor or other person certified] :
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
κ1999 Statutes of Nevada, Page 3072 (CHAPTER 574, SB 210)κ
the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician] ; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
κ1999 Statutes of Nevada, Page 3073 (CHAPTER 574, SB 210)κ
minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 69. NRS 484.37943 is hereby amended to read as follows:
484.37943 1. If a person is found guilty of a first violation, if the weight of alcohol in the defendants blood at the time of the offense was 0.18 percent or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that evaluation [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] ; or
(b) A physician who is certified to make that evaluation by the board of medical examiners , [; or
(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,]
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
κ1999 Statutes of Nevada, Page 3074 (CHAPTER 574, SB 210)κ
offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Sec. 70. NRS 484.3796 is hereby amended to read as follows:
484.3796 1. Before sentencing an offender pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2. The evaluation must be conducted by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make such an evaluation ; [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;]
(b) A physician who is certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist who is certified to make such an evaluation by the board of psychological examiners.
3. The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 71. NRS 488.430 is hereby amended to read as follows:
488.430 1. Before sentencing a defendant pursuant to NRS 488.420, the court shall require that the defendant be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2. The evaluation must be conducted by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make such an evaluation ; [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;]
(b) A physician who is certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist who is certified to make such an evaluation by the board of psychological examiners.
3. The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 72. NRS 608.0116 is hereby amended to read as follows:
608.0116 Professional means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS [.] and sections 2 to 44, inclusive, of this act.
κ1999 Statutes of Nevada, Page 3075 (CHAPTER 574, SB 210)κ
Sec. 73. Section 23 of this act is hereby amended to read as follows:
Sec. 23. The board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
(g) Submits the statement required pursuant to section 22 of this act.]
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the board;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
(g) Submits the statement required pursuant to section 22 of this act.]
Sec. 74. Section 25 of this act is hereby amended to read as follows:
Sec. 25. 1. The board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a bachelors degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
κ1999 Statutes of Nevada, Page 3076 (CHAPTER 574, SB 210)κ
(g) Submits the statement required pursuant to section 22 of this act.]
2. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
3. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 75. Section 26 of this act is hereby amended to read as follows:
Sec. 26. 1. The board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to section 34 of this act; and
(e) Submits proof to the board that he:
(1) Is enrolled in a program from which he will receive an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board; or
(2) Has received an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board . [; and
(f) Submits the statement required pursuant to section 22 of this act.]
2. A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 76. Section 32 of this act is hereby amended to read as follows:
Sec. 32. Except as otherwise provided in section 31 of this act, a person may renew his license or certificate by submitting to the board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed in section 34 of this act;
3. Evidence of his completion of the continuing education required by the board; and
4. If the applicant is a certified intern, the name of the licensed counselor who supervises him . [; and
5. The statement required pursuant to section 22 of this act.]
Sec. 77. Section 33 of this act is hereby amended to read as follows:
Sec. 33. 1. A license or certificate that is not renewed on or before the date on which it expires is delinquent. The board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
κ1999 Statutes of Nevada, Page 3077 (CHAPTER 574, SB 210)κ
send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
2. A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of section 32 of this act and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in section 34 of this act.
3. A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.
4. A license or certificate that has expired may be restored if the applicant:
(a) Submits to the board an application to restore the license or certificate;
(b) [Submits to the board the statement required pursuant to section 22 of this act;
(c)] Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in section 34 of this act;
[(d)] (c) Passes the oral and written examinations prescribed by the board; and
[(e)] (d) Submits to the board evidence of his completion of the continuing education required by the board.
Sec. 77.5. Section 9 of Senate Bill No. 161 of this session is hereby amended to read as follows:
Sec. 9. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. Chief means the chief of the bureau.
6. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. Department means the department of employment, training and rehabilitation.
8. Director means the director of the department.
κ1999 Statutes of Nevada, Page 3078 (CHAPTER 574, SB 210)κ
9. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
10. Halfway house for alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Sec. 78. NRS 458.360 is hereby repealed.
Sec. 79. Notwithstanding the provisions of sections 2 to 44, inclusive, of this act, a person who engages in the practice of counseling alcohol and drug abusers is not required to be licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this act before July 1, 2001.
Sec. 80. Notwithstanding the provisions of sections 2 to 44, inclusive, of this act, an applicant for:
1. A license as an alcohol and drug abuse counselor must be issued a license by the board of examiners for alcohol and drug abuse counselors if the applicant submits to the board before July 1, 2001:
(a) An application on a form provided by the board;
(b) The application fee prescribed in section 34 of this act;
(c) Proof of his certification as an alcohol and drug abuse counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; and
(d) The statement required pursuant to section 22 of this act unless after October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(1) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(2) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
2. A certificate as an alcohol and drug abuse counselor intern must be issued a certificate by the board of examiners for alcohol and drug abuse counselors if the applicant submits to the board before July 1, 2001:
(a) An application on a form provided by the board;
(b) The application fee prescribed in section 34 of this act;
(c) Proof of his certification as an intern counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; and
(d) The statement required pursuant to section 22 of this act unless after October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses or certificates of persons who:
κ1999 Statutes of Nevada, Page 3079 (CHAPTER 574, SB 210)κ
suspend, or to restrict the use of professional, occupational and recreational licenses or certificates of persons who:
(1) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(2) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
Sec. 81. Notwithstanding the provisions of section 14 of this act, each alcohol and drug abuse counselor who is appointed to the board of examiners for alcohol and drug abuse counselors created pursuant to section 14 of this act to an initial term must be eligible for a license or certificate as an alcohol and drug abuse counselor but need not be licensed or certified pursuant to this chapter at the time he is appointed to the board.
Sec. 82. As soon as practicable after October 1, 1999, the governor shall appoint to the board of examiners for alcohol and drug abuse counselors:
1. One member whose term expires on September 30, 2001.
2. Two members whose terms expire on September 30, 2002.
3. Two members whose terms expire on September 30, 2003.
Sec. 83. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
Sec. 84. 1. This section and sections 1 to 57, inclusive, 59 to 72, inclusive, and 78 to 83, inclusive, of this act become effective on October 1, 1999.
2. Section 77.5 of this act becomes effective on January 1, 2000.
3. Sections 57.5 to 58.6, inclusive, of this act become effective on July 1, 2001.
4. Sections 73 to 77, inclusive, of this act, become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
5. Sections 21, 22 and 43 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
________
κ1999 Statutes of Nevada, Page 3080κ
Assembly Bill No. 293Assemblymen Nolan, Beers, Brower, de Braga, Chowning, Evans, Leslie, Hettrick, Cegavske, Gustavson and Angle
CHAPTER 575
AN ACT relating to insurance; providing for the revision of the provisions governing parity for insurance benefits for the treatment of conditions relating to mental health; exempting certain group health coverage provided by public agencies from certain provisions governing required benefits; making various changes concerning the notice required to be provided to an insured when an insurer denies coverage of a health care service; requiring a managed care organization to provide coverage for medically necessary emergency services provided to an insured at any hospital; 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 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of this Title to the contrary, a policy of health insurance issued or delivered for issuance in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to mental health and must not establish any rate, term or condition that places a greater financial burden on the insured person for access to treatment for conditions relating to mental health than for access to treatment for conditions relating to physical health. Any limits required under the policy of health insurance for deductibles and out-of-pocket expenses must be comprehensive for coverage of both conditions relating to mental health and conditions relating to physical health.
2. A policy of health insurance that does not otherwise provide for managed care, or that does not provide for the same degree of managed care for all health conditions, may provide coverage for the treatment of conditions relating to mental health through a managed care organization if the managed care organization is in compliance with regulations adopted by the commissioner which ensure that the system for delivery of the treatment for conditions relating to mental health does not diminish or negate the purpose of this section. The regulations adopted by the commissioner must ensure that:
(a) Timely and appropriate access to care is available;
(b) The distribution of providers of health care who provide services relating to mental health is adequate to serve the needs of persons in this state, considering the quality, location and area of specialization of such providers; and
(c) Administrative or clinical protocols do not reduce access to medically necessary treatment for the insured person.
3. A policy of health insurance shall be deemed to be in compliance with this section if the policy provides to the insured person at least one option for treatment of conditions relating to mental health which has rates, terms and conditions that impose no greater financial burden on the insured person than that imposed for treatment of conditions relating to the physical health of the insured person.
κ1999 Statutes of Nevada, Page 3081 (CHAPTER 575, AB 293)κ
the physical health of the insured person. The commissioner may disapprove any policy of health insurance if he determines that the policy is inconsistent with this section.
4. Benefits provided pursuant to this section by a policy of health insurance for conditions relating to mental health must be paid in the same manner as benefits for any other illness covered by the policy.
5. Benefits for conditions relating to mental health are not required by this section if the treatment for the condition relating to mental health is not provided:
(a) By a person who is licensed or certified to provide treatment for conditions relating to mental health; or
(b) In a mental health facility or institution designated as a division facility pursuant to NRS 433.233, or in a medical or other facility licensed by the state board of health pursuant to chapter 449 of NRS that provides programs for the treatment of conditions relating to mental health, and pursuant to an individualized written plan developed for the insured person.
6. The provisions of this section must not be construed to:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provision of services to persons with conditions relating to mental health or substance abuse.
(c) Affect any existing policy of health insurance until its date of renewal or, if the policy of health insurance is governed by a collective bargaining agreement or employment contract, until the expiration of that agreement or contract.
7. As used in this section:
(a) Condition relating to mental health means a condition or disorder involving mental illness that falls within any of the diagnostic categories listed in the section on mental disorders in the International Classification of Diseases, published by the United States Department of Health and Human Services.
(b) Managed care has the meaning ascribed to it in NRS 695G.040.
(c) Managed care organization has the meaning ascribed to it in NRS 695G.050.
(d) Rate, term or condition means any lifetime or annual limit on payments, any requirement concerning deductibles, copayments, coinsurance or other forms of cost sharing, any limit on out-of-pocket costs or on visits to a provider of treatment, and any other financial component of health insurance coverage that affects the insured person.
Sec. 2. NRS 689A.040 is hereby amended to read as follows:
689A.040 1. Except as otherwise provided in subsections 2 and 3, each such policy delivered or issued for delivery to any person in this state must contain the provisions specified in NRS 689A.050 to 689A.170, inclusive, and section 1 of this act, in the words in which the provisions appear, except that the insurer may, at its option, substitute for one or more of the provisions corresponding provisions of different wording approved by the commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary.
κ1999 Statutes of Nevada, Page 3082 (CHAPTER 575, AB 293)κ
which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision must be preceded individually by the applicable caption shown, or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
2. Each policy delivered or issued for delivery in this state after November 1, 1973, must contain a provision, if applicable, setting forth the provisions of NRS 689A.045.
3. If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, may omit from the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such a manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
Sec. 3. NRS 689A.755 is hereby amended to read as follows:
689A.755 1. Following approval by the commissioner, each insurer that issues a policy of health insurance in this state shall provide written notice to an insured, in clear and comprehensible language that is understandable to an ordinary layperson, explaining the right of the insured to file a written complaint. Such notice must be provided to an insured:
(a) At the time he receives his evidence of coverage;
(b) Any time that the insurer denies coverage of a health care service or limits coverage of a health care service to an insured; and
(c) Any other time deemed necessary by the commissioner.
2. Any time that an insurer denies coverage of a health care service to an insured , including, without limitation, denying a claim relating to a policy of health insurance pursuant to NRS 689A.410, it shall notify the insured in writing within 10 working days after it denies coverage of the health care service of:
(a) The reason for denying coverage of the service;
(b) The criteria by which the insurer determines whether to authorize or deny coverage of the health care service; and
(c) His right to file a written complaint [.] and the procedure for filing such a complaint.
3. A written notice which is approved by the commissioner shall be deemed to be in clear and comprehensible language that is understandable to an ordinary layperson.
Sec. 4. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of this Title to the contrary, a policy of group health insurance issued or delivered for issuance in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to mental health and must not establish any rate, term or condition that places a greater financial burden on the insured person for access to treatment for conditions relating to mental health than for access to treatment for conditions relating to physical health. Any limits required under the policy of group health insurance for deductibles and out-of-pocket expenses must be comprehensive for coverage of both conditions relating to mental health and conditions relating to physical health.
κ1999 Statutes of Nevada, Page 3083 (CHAPTER 575, AB 293)κ
conditions relating to mental health and conditions relating to physical health.
2. A policy of group health insurance that does not otherwise provide for managed care, or that does not provide for the same degree of managed care for all health conditions, may provide coverage for the treatment of conditions relating to mental health through a managed care organization if the managed care organization is in compliance with regulations adopted by the commissioner which ensure that the system for delivery of the treatment for conditions relating to mental health does not diminish or negate the purpose of this section. The regulations adopted by the commissioner must ensure that:
(a) Timely and appropriate access to care is available;
(b) The distribution of providers of health care who provide services relating to mental health is adequate to serve the needs of persons in this state, considering the quality, location and area of specialization of such providers; and
(c) Administrative or clinical protocols do not reduce access to medically necessary treatment for the insured person.
3. A policy of group health insurance shall be deemed to be in compliance with this section if the policy provides to the insured person at least one option for treatment of conditions relating to mental health which has rates, terms and conditions that impose no greater financial burden on the insured person than that imposed for treatment of conditions relating to the physical health of the insured person. The commissioner may disapprove any policy of group health insurance if he determines that the policy is inconsistent with this section.
4. Benefits provided pursuant to this section by a policy of group health insurance for conditions relating to mental health must be paid in the same manner as benefits for any other illness covered by the policy.
5. Benefits for conditions relating to mental health are not required by this section if the treatment for the condition relating to mental health is not provided:
(a) By a person who is licensed or certified to provide treatment for conditions relating to mental health; or
(b) In a mental health facility or institution designated as a division facility pursuant to NRS 433.233, or in a medical or other facility licensed by the state board of health pursuant to chapter 449 of NRS that provides programs for the treatment of conditions relating to mental health, and pursuant to an individualized written plan developed for the insured person.
6. The provisions of this section must not be construed to:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provision of services to persons with conditions relating to mental health or substance abuse.
κ1999 Statutes of Nevada, Page 3084 (CHAPTER 575, AB 293)κ
(c) Affect any existing policy of group health insurance until its date of renewal or, if the policy of group health insurance is governed by a collective bargaining agreement or employment contract, until the expiration of that agreement or contract.
7. As used in this section:
(a) Condition relating to mental health means a condition or disorder involving mental illness that falls within any of the diagnostic categories listed in the section on mental disorders in the International Classification of Diseases, published by the United States Department of Health and Human Services.
(b) Managed care has the meaning ascribed to it in NRS 695G.040.
(c) Managed care organization has the meaning ascribed to it in NRS 695G.050.
(d) Rate, term or condition means any lifetime or annual limit on payments, any requirement concerning deductibles, copayments, coinsurance or other forms of cost sharing, any limit on out-of-pocket costs or on visits to a provider of treatment, and any other financial component of health insurance coverage that affects the insured person.
Sec. 5. NRS 689B.0295 is hereby amended to read as follows:
689B.0295 1. Following approval by the commissioner, each insurer that issues a policy of group health insurance in this state shall provide written notice to an insured, in clear and comprehensible language that is understandable to an ordinary layperson, explaining the right of the insured to file a written complaint. Such notice must be provided to an insured:
(a) At the time he receives his certificate of coverage or evidence of coverage;
(b) Any time that the insurer denies coverage of a health care service or limits coverage of a health care service to an insured; and
(c) Any other time deemed necessary by the commissioner.
2. Any time that an insurer denies coverage of a health care service , including, without limitation, denying a claim relating to a policy of group health insurance or blanket insurance pursuant to NRS 689B.255, to an insured it shall notify the insured in writing within 10 working days after it denies coverage of the health care service of:
(a) The reason for denying coverage of the service;
(b) The criteria by which the insurer determines whether to authorize or deny coverage of the health care service; and
(c) His right to file a written complaint [.] and the procedure for filing such a complaint.
3. A written notice which is approved by the commissioner shall be deemed to be in clear and comprehensible language that is understandable to an ordinary layperson.
Sec. 6. NRS 689B.030 is hereby amended to read as follows:
689B.030 Each group health insurance policy must contain in substance the following provisions:
1. A provision that, in the absence of fraud, all statements made by applicants or the policyholders or by an insured person are representations and not warranties, and that no statement made for the purpose of effecting insurance voids the insurance or reduces its benefits unless the statement is contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to him or his beneficiary.
κ1999 Statutes of Nevada, Page 3085 (CHAPTER 575, AB 293)κ
contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to him or his beneficiary.
2. A provision that the insurer will furnish to the policyholder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of that employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family.
3. A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.
4. A provision for benefits for [expense] expenses arising from care at home or health supportive services if the care or service was prescribed by a physician and would have been covered by the policy if performed in a medical facility or facility for the dependent as defined in chapter 449 of NRS.
5. A provision for benefits [payable] for expenses incurred for the treatment of the abuse of alcohol or drugs, as provided in NRS 689B.036.
6. A provision for benefits for expenses arising from hospice care.
7. A provision for benefits for expenses incurred for the treatment of conditions relating to mental health, as provided in section 4 of this act.
Sec. 7. NRS 689B.340 is hereby amended to read as follows:
689B.340 As used in NRS 689B.340 to [689B.600,] 689B.590, inclusive, unless the context otherwise requires, the words and terms defined in NRS 689B.350 to 689B.460, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. 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.
κ1999 Statutes of Nevada, Page 3086 (CHAPTER 575, AB 293)κ
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.600,] 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 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.600,] 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 [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. 9. NRS 689B.470 is hereby amended to read as follows:
689B.470 For the purposes of NRS 689B.340 to [689B.600,] 689B.590, inclusive:
1. Any plan, fund or program which would not be, but for section 2721(e) of the Public Health Service Act, 42 U.S.C. § 300gg-21(e), as amended by Public Law 104-191, as that section existed on July 16, 1997, an employee welfare benefit plan and which is established or maintained by a partnership to the extent that the plan, fund or program provides medical care, including items and services paid for as medical care, to current or former partners in the partnership, or to their dependents, as defined under the terms of the plan, fund or program, directly or through insurance, reimbursement, or otherwise, must be treated, subject to the provisions of subsection 2, as an employee welfare benefit plan that is a group health plan.
2. In the case of a group health plan, a partnership shall be deemed to be the employer of each partner.
Sec. 10. NRS 689B.480 is hereby amended to read as follows:
689B.480 1. In determining the applicable creditable coverage of a person for the purposes of NRS 689B.340 to [689B.600,] 689B.590, inclusive, a period of creditable coverage must not be included if, after the expiration of that period but before the enrollment date, there was a 63-day period during all of which the person was not covered under any creditable coverage.
κ1999 Statutes of Nevada, Page 3087 (CHAPTER 575, AB 293)κ
expiration of that period but before the enrollment date, there was a 63-day period during all of which the person was not covered under any creditable coverage. To establish a period of creditable coverage, a person must present any certificates of coverage provided to him in accordance with NRS 689B.490 and such other evidence of coverage as required by regulations adopted by the commissioner. For the purposes of this subsection, any waiting period for coverage or an affiliation period must not be considered in determining the applicable period of creditable coverage.
2. In determining the period of creditable coverage of a person for the purposes of NRS 689B.500, a carrier shall include each applicable period of creditable coverage without regard to the specific benefits covered during that period, except that the carrier may elect to include applicable periods of creditable coverage based on coverage of specific benefits as specified in the regulations of the United States Department of Health and Human Services, if such an election is made on a uniform basis for all participants and beneficiaries of the health benefit plan or coverage. Pursuant to such an election, the carrier shall include each applicable period of creditable coverage with respect to any class or category of benefits if any level of benefits is covered within that class or category, as specified by those regulations.
3. Regardless of whether coverage is actually provided, if a carrier elects in accordance with subsection 2 to determine creditable coverage based on specified benefits, a statement that such an election has been made and a description of the effect of the election must be:
(a) Included prominently in any disclosure statement concerning the health benefit plan; and
(b) Provided to each person at the time of enrollment in the health benefit plan.
Sec. 11. NRS 689B.580 is hereby amended to read as follows:
689B.580 1. A plan sponsor of a governmental plan that is a group health plan to which the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, otherwise apply may elect to exclude the governmental plan from compliance with those sections. Such an election:
(a) Must be made in such a form and in such a manner as the commissioner prescribes by regulation.
(b) Is effective for a single specified year of the plan or, if the plan is provided pursuant to a collective bargaining agreement, for the term of that agreement.
(c) May be extended by subsequent elections.
(d) Excludes the governmental plan from those provisions in this chapter that apply only to group health plans.
2. If a plan sponsor of a governmental plan makes an election pursuant to this section, the plan sponsor shall:
(a) Annually and at the time of enrollment, notify the enrollees in the plan of the election and the consequences of the election; and
(b) Provide certification and disclosure of creditable coverage under the plan with respect to those enrollees pursuant to NRS 689B.490.
κ1999 Statutes of Nevada, Page 3088 (CHAPTER 575, AB 293)κ
3. As used in this section, governmental plan has the meaning ascribed to in section 3(32) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(32), as that section existed on July 16, 1997.
Sec. 12. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of this Title to the contrary, a health benefit plan issued or delivered for issuance in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to mental health and must not establish any rate, term or condition that places a greater financial burden on the insured person for access to treatment for conditions relating to mental health than for access to treatment for conditions relating to physical health. Any limits required under the health benefit plan for deductibles and out-of-pocket expenses must be comprehensive for coverage of both conditions relating to mental health and conditions relating to physical health.
2. A health benefit plan that does not otherwise provide for managed care, or that does not provide for the same degree of managed care for all health conditions, may provide coverage for the treatment of conditions relating to mental health through a managed care organization if the managed care organization is in compliance with regulations adopted by the commissioner which ensure that the system for delivery of the treatment for conditions relating to mental health does not diminish or negate the purpose of this section. The regulations adopted by the commissioner must ensure that:
(a) Timely and appropriate access to care is available;
(b) The distribution of providers of health care who provide services relating to mental health is adequate to serve the needs of persons in this state, considering the quality, location and area of specialization of such providers; and
(c) Administrative or clinical protocols do not reduce access to medically necessary treatment for the insured person.
3. A health benefit plan shall be deemed to be in compliance with this section if the health benefit plan provides to the insured person at least one option for treatment of conditions relating to mental health which has rates, terms and conditions that impose no greater financial burden on the insured person than that imposed for treatment of conditions relating to the physical health of the insured person. The commissioner may disapprove any health benefit plan if he determines that the plan is inconsistent with this section.
4. Benefits provided pursuant to this section by a health benefit plan for conditions relating to mental health must be paid in the same manner as benefits for any other illness covered by the health benefit plan.
5. Benefits for conditions relating to mental health are not required by this section if the treatment for the condition relating to mental health is not provided:
(a) By a person who is licensed or certified to provide treatment for conditions relating to mental health; or
κ1999 Statutes of Nevada, Page 3089 (CHAPTER 575, AB 293)κ
(b) In a mental health facility or institution designated as a division facility pursuant to NRS 433.233, or in a medical or other facility licensed by the state board of health pursuant to chapter 449 of NRS that provides programs for the treatment of conditions relating to mental health, and pursuant to an individualized written plan developed for the insured person.
6. The provisions of this section must not be construed to:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provision of services to persons with conditions relating to mental health or substance abuse.
(c) Affect any existing health benefit plan until its date of renewal or, if the health benefit plan is governed by a collective bargaining agreement or employment contract, until the expiration of that agreement or contract.
7. As used in this section:
(a) Condition relating to mental health means a condition or disorder involving mental illness that falls within any of the diagnostic categories listed in the section on mental disorders in the International Classification of Diseases, published by the United States Department of Health and Human Services.
(b) Managed care has the meaning ascribed to it in NRS 695G.040.
(c) Managed care organization has the meaning ascribed to it in NRS 695G.050.
(d) Rate, term or condition means any lifetime or annual limit on payments, any requirement concerning deductibles, copayments, coinsurance or other forms of cost sharing, any limit on out-of-pocket costs or on visits to a provider of treatment, and any other financial component of health insurance coverage that affects the insured person.
Sec. 13. NRS 689C.155 is hereby amended to read as follows:
689C.155 The commissioner may adopt regulations to carry out the provisions of section 12 of this act and NRS 689C.107 to 689C.145, inclusive, 689C.156 to 689C.159, inclusive, 689C.165, 689C.183, 689C.187, 689C.191 to 689C.198, inclusive, 689C.203, 689C.207, 689C.265, 689C.283, 689C.287, 689C.325, 689C.342 to 689C.348, inclusive, 689C.355 and 689C.610 to 689C.980, inclusive, and to ensure that rating practices used by carriers serving small employers are consistent with those sections, including regulations that:
1. Ensure that differences in rates charged for health benefit plans by such carriers are reasonable and reflect only differences in the designs of the plans, the terms of the coverage, the amount contributed by the employers to the cost of coverage and differences based on the rating factors established by the carrier.
2. Prescribe the manner in which characteristics may be used by such carriers.
κ1999 Statutes of Nevada, Page 3090 (CHAPTER 575, AB 293)κ
Sec. 14. NRS 689C.156 is hereby amended to read as follows:
689C.156 1. As a condition of transacting business in this state with small employers, a carrier shall actively market to a small employer each health benefit plan which is actively marketed in this state by the carrier to any small employer in this state. The health insurance plans marketed pursuant to this section by the carrier must include, without limitation, a basic health benefit plan and a standard health benefit plan. A carrier shall be deemed to be actively marketing a health benefit plan when it makes available any of its plans to a small employer that is not currently receiving coverage under a health benefit plan issued by that carrier.
2. A carrier shall issue to a small employer any health benefit plan marketed in accordance with this section if the eligible small employer applies for the plan and agrees to make the required premium payments and satisfy the other reasonable provisions of the health benefit plan that are not inconsistent with NRS 689C.015 to 689C.355, inclusive, and section 12 of this act, and NRS 689C.610 to 689C.980, inclusive, except that a carrier is not required to issue a health benefit plan to a self-employed person who is covered by, or is eligible for coverage under, a health benefit plan offered by another employer.
Sec. 15. NRS 695A.152 is hereby amended to read as follows:
695A.152 1. To the extent reasonably applicable, a fraternal benefit society shall comply with the provisions of NRS 689B.340 to [698B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance offered by the society to its members. If there is a conflict between the provisions of this chapter and the provisions of NRS 689B.340 to [698B.600,] 689B.590, inclusive, and chapter 689C of NRS, the provisions of NRS 689B.340 to [698B.600,] 689B.590, inclusive, and chapter 689C of NRS control.
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to group health plan or carrier must be replaced by fraternal benefit society.
Sec. 16. NRS 695A.159 is hereby amended to read as follows:
695A.159 1. If a person:
(a) Adopts a dependent child; or
(b) Assumes and retains a legal obligation for the total or partial support of a dependent child in anticipation of adopting the child,
while the person is eligible for group coverage under a certificate for health benefits, the society issuing that certificate shall not restrict the coverage, in accordance with NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance, of the child solely because of a preexisting condition the child has at the time he would otherwise become eligible for coverage pursuant to that policy.
2. For the purposes of this section, child means a person who is under 18 years of age at the time of his adoption or the assumption of a legal obligation for his support in anticipation of his adoption.
κ1999 Statutes of Nevada, Page 3091 (CHAPTER 575, AB 293)κ
Sec. 17. NRS 695B.180 is hereby amended to read as follows:
695B.180 A contract for hospital, medical or dental services must not be entered into between a corporation proposing to furnish or provide any one or more of the services authorized under this chapter and a subscriber:
1. Unless the entire consideration therefor is expressed in the contract.
2. Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.
3. If the contract purports to entitle more than one person to benefits or services, except for family contracts issued under NRS 695B.190, group contracts issued under NRS 695B.200, and blanket contracts issued under NRS 695B.220.
4. Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.
5. Except for group contracts and blanket contracts issued under NRS 695B.220, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.
6. Except for group contracts and blanket contracts issued under NRS 695B.230, unless, if any portion of the contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement incurred under ordinary circumstances, that portion is printed in boldface type and with greater prominence than any other text of the contract.
7. If the contract contains any provisions purporting to make any portion of the charter, constitution or bylaws of a nonprofit corporation a part of the contract unless that portion is set forth in full in the contract.
8. Unless the contract, if it is a group contract, contains a provision for benefits payable for expenses incurred for the treatment of [the] :
(a) The abuse of alcohol or drugs, as provided in NRS 695B.194 [.] ; and
(b) Conditions relating to mental health, as provided in section 4 of this act.
9. Unless the contract provides benefits for expenses incurred for hospice care.
10. Unless the contract for service in a hospital contains in blackface type, not less than 10 points, the following provisions:
This contract does not restrict or interfere with the right of any person entitled to service and care in a hospital to select the contracting hospital or to make a free choice of his attending physician, who must be the holder of a valid and unrevoked physicians license and a member of, or acceptable to, the attending staff and board of directors of the hospital in which the services are to be provided.
Sec. 18. NRS 695B.187 is hereby amended to read as follows:
695B.187 Except as otherwise provided by the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance:
1. A group contract for hospital, medical or dental services issued by a nonprofit hospital, medical or dental service corporation to replace any discontinued policy or coverage for group health insurance must:
κ1999 Statutes of Nevada, Page 3092 (CHAPTER 575, AB 293)κ
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that the benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that contract is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement contract pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any corporation which issues a replacement contract pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the corporation which indicates what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a group contract for hospital, medical or dental services issued by a nonprofit hospital, medical or dental service corporation.
Sec. 19. NRS 695B.189 is hereby amended to read as follows:
695B.189 A group contract issued by a corporation under the provisions of this chapter must contain a provision which permits the continuation of coverage pursuant to the provisions of NRS 689B.245 to 689B.249, inclusive, and 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.
Sec. 20. NRS 695B.192 is hereby amended to read as follows:
695B.192 1. No hospital, medical or dental service contract issued by a corporation pursuant to the provisions of this chapter may contain any exclusion, reduction or other limitation of coverage relating to complications of pregnancy, unless the provision applies generally to all benefits payable under the contract and complies with the provisions of NRS 689B.340 to NRS [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.
2. As used in this section, the term complications of pregnancy includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
κ1999 Statutes of Nevada, Page 3093 (CHAPTER 575, AB 293)κ
3. A contract subject to the provisions of this chapter which is issued or delivered on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the contract which is in conflict with this section is void.
Sec. 21. NRS 695B.251 is hereby amended to read as follows:
695B.251 1. Except as otherwise provided in the provisions of this section, NRS 689B.340 to [389B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance, all group subscriber contracts delivered or issued for delivery in this state providing for hospital, surgical or major medical coverage, or any combination of these coverages, on a service basis or an expense-incurred basis, or both, must contain a provision that the employee or member is entitled to have issued to him a subscriber contract of health coverage when the employee or member is no longer covered by the group subscriber contract.
2. The requirement in subsection 1 does not apply to contracts providing benefits only for specific diseases or accidental injuries.
3. If an employee or member was a recipient of benefits under the coverage provided pursuant to NRS 695B.1944, he is not entitled to have issued to him by a replacement insurer a subscriber contract of health coverage unless he has reported for his normal employment for a period of 90 consecutive days after last being eligible to receive any benefits under the coverage provided pursuant to NRS 695B.1944.
Sec. 22. NRS 695B.318 is hereby amended to read as follows:
695B.318 1. Nonprofit hospital, medical or dental service corporations are subject to the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance offered by such organizations. If there is a conflict between the provisions of this chapter and the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS, the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS control.
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to:
(a) Carrier must be replaced by corporation.
(b) Group health plan must be replaced by group contract for hospital, medical or dental services.
Sec. 23. NRS 695B.400 is hereby amended to read as follows:
695B.400 1. Following approval by the commissioner, each insurer that issues a contract for hospital or medical services in this state shall provide written notice to an insured, in clear and comprehensible language that is understandable to an ordinary layperson, explaining the right of the insured to file a written complaint. Such notice must be provided to an insured:
(a) At the time he receives his certificate of coverage or evidence of coverage;
(b) Any time that the insurer denies coverage of a health care service or limits coverage of a health care service to an insured; and
κ1999 Statutes of Nevada, Page 3094 (CHAPTER 575, AB 293)κ
(c) Any other time deemed necessary by the commissioner.
2. Any time that an [insured] insurer denies coverage of a health care service to a beneficiary or subscriber , including, without limitation, denying a claim relating to a contract for dental, hospital or medical services pursuant to NRS 695B.2505, it shall notify the beneficiary or subscriber in writing within 10 working days after it denies coverage of the health care service of:
(a) The reason for denying coverage of the service;
(b) The criteria by which the insurer determines whether to authorize or deny coverage of the health care service; and
(c) His right to file a written complaint [.] and the procedure for filing such a complaint.
3. A written notice which is approved by the commissioner shall be deemed to be in clear and comprehensible language that is understandable to an ordinary layperson.
Sec. 24. NRS 695C.057 is hereby amended to read as follows:
695C.057 1. A health maintenance organization is subject to the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance offered by such organizations. If there is a conflict between the provisions of this chapter and the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS, the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS control.
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to group health plan or carrier must be replaced by health maintenance organization.
Sec. 25. NRS 695C.170 is hereby amended to read as follows:
695C.170 1. Every enrollee residing in this state is entitled to evidence of coverage under a health care plan. If the enrollee obtains coverage under a health care plan through an insurance policy, whether by option or otherwise, the insurer shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage.
2. Evidence of coverage or amendment thereto must not be issued or delivered to any person in this state until a copy of the form of the evidence of coverage or amendment thereto has been filed with and approved by the commissioner.
3. An evidence of coverage:
(a) Must not contain any provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, which encourage misrepresentation or which are untrue, misleading or deceptive as defined in subsection 1 of NRS 695C.300; and
(b) Must contain a clear and complete statement, if a contract, or a reasonably complete summary if a certificate, of:
(1) The health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health care plan;
κ1999 Statutes of Nevada, Page 3095 (CHAPTER 575, AB 293)κ
(2) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature;
(3) Where and in what manner the services may be obtained;
(4) The total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay; and
(5) A provision for benefits payable for expenses incurred for the treatment of [the] :
(I) The abuse of alcohol or drugs, as provided in NRS 695C.174 [.] ; and
(II) Conditions relating to mental health, as provided in section 4 of this act.
Any subsequent change may be evidenced in a separate document issued to the enrollee.
4. A copy of the form of the evidence of coverage to be used in this state and any amendment thereto is subject to the requirements for filing and approval of subsection 2 unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance, in which event the provisions for filing and approval of those laws apply. To the extent that such provisions do not apply to the requirements in subsection 3, such provisions are amended to incorporate the requirements of subsection 3 in approving or disapproving an evidence of coverage required by subsection 2.
Sec. 26. NRS 695C.1705 is hereby amended to read as follows:
695C.1705 Except as otherwise provided in the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and accountability of health insurance:
1. A group health care plan issued by a health maintenance organization to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that plan is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement plan pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any health maintenance organization which issues a replacement plan pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the organization indicating what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
κ1999 Statutes of Nevada, Page 3096 (CHAPTER 575, AB 293)κ
4. If an employee or enrollee was a recipient of benefits under the coverage provided pursuant to NRS 695C.1709, he is not entitled to have issued to him by a health maintenance organization a replacement plan unless he has reported for his normal employment for a period of 90 consecutive days after last being eligible to receive any benefits under the coverage provided pursuant to NRS 695C.1709.
5. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a group health care plan issued by a health maintenance organization.
Sec. 27. NRS 695C.1707 is hereby amended to read as follows:
695C.1707 Any policy of group insurance to which an enrollee is entitled under a health care plan provided by a health maintenance organization must contain a provision which permits the continuation of coverage pursuant to the provisions of NRS 689B.245 to 689B.249, inclusive, NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and accountability of health insurance.
Sec. 28. NRS 695C.172 is hereby amended to read as follows:
695C.172 1. No health maintenance organization may issue evidence of coverage under a health care plan to any enrollee in this state if it contains any exclusion, reduction or other limitation of coverage relating to complications of pregnancy unless the provision applies generally to all benefits payable under the policy and complies with the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and accountability of health insurance.
2. As used in this section, the term complications of pregnancy includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
3. Evidence of coverage under a health care plan subject to the provisions of this chapter which is issued on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision which is in conflict with this section is void.
Sec. 29. NRS 695F.090 is hereby amended to read as follows:
695F.090 Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
3. The requirements of NRS 679B.152.
4. The fees imposed pursuant to NRS 449.465.
κ1999 Statutes of Nevada, Page 3097 (CHAPTER 575, AB 293)κ
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.
6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.
7. Chapter 683A of NRS.
8. To the extent applicable, the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.
9. NRS 689A.413.
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to insurer must be replaced by a reference to prepaid limited health service organization.
11. Chapter 692C of NRS, concerning holding companies.
Sec. 30. NRS 695G.230 is hereby amended to read as follows:
695G.230 1. Following approval by the commissioner, each managed care organization shall provide written notice to an insured, in clear and comprehensible language that is understandable to an ordinary layperson, explaining the right of the insured to file a written complaint and to obtain an expedited review pursuant to NRS 695G.210. Such notice must be provided to an insured:
(a) At the time he receives his certificate of coverage or evidence of coverage;
(b) Any time that the managed care organization denies coverage of a health care service or limits coverage of a health care service to an insured; and
(c) Any other time deemed necessary by the commissioner.
2. Any time that a managed care organization denies coverage of a health care service to an insured , including, without limitation, a health maintenance organization that denies a claim related to a health care plan pursuant to NRS 695C.185, it shall notify the insured in writing within 10 working days after it denies coverage of the health care service of:
(a) The reason for denying coverage of the service;
(b) The criteria by which the managed care organization or insurer determines whether to authorize or deny coverage of the health care service; and
(c) His right to file a written complaint [.] and the procedure for filing such a complaint.
3. A written notice which is approved by the commissioner shall be deemed to be in clear and comprehensible language that is understandable to an ordinary layperson.
Sec. 31. NRS 695G.170 is hereby amended to read as follows:
695G.170 1. Each managed care organization shall provide coverage for medically necessary emergency services [.] provided at any hospital.
2. A managed care organization shall not require prior authorization for medically necessary emergency services.
κ1999 Statutes of Nevada, Page 3098 (CHAPTER 575, AB 293)κ
3. As used in this section, medically necessary emergency services means health care services that are provided to an insured by a provider of health care after the sudden onset of a medical condition that manifests itself by symptoms of such sufficient severity that a prudent person would believe that the absence of immediate medical attention could result in:
(a) Serious jeopardy to the health of an insured;
(b) Serious jeopardy to the health of an unborn child;
(c) Serious impairment of a bodily function; or
(d) Serious dysfunction of any bodily organ or part.
4. A health care plan subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, [1997,] 1999, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
Sec. 32. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to this paragraph [.] , except that the provisions of section 4 of this act do not apply to such coverage.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
κ1999 Statutes of Nevada, Page 3099 (CHAPTER 575, AB 293)κ
budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
Sec. 33. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as otherwise provided in this section, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the states group insurance program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
4. Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.
5. An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the states group insurance program at the time of his retirement is eligible to participate in the program 30 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The committee on benefits shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the states program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.
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6. Notwithstanding the provisions of subsections 1, 3 and 4, if the committee on benefits does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to [689B.600,] 689B.590, inclusive, and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.
Sec. 34. NRS 689B.600 is hereby repealed.
Sec. 35. 1. This section and sections 1, 2, 4, 6 to 22, inclusive, 24 to 29, inclusive, 32, 33 and 34 of this act become effective on July 1, 1999.
2. Sections 3, 5, 23, 30 and 31 of this act become effective on October 1, 1999.
________
Senate Bill No. 557Senator Townsend
CHAPTER 576
AN ACT relating to health insurance; requiring certain policies of health insurance to include coverage for the treatment of conditions relating to severe mental illness; 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 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provisions of this Title to the contrary, a policy of health insurance delivered or issued for delivery in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to severe mental illness.
2. The coverage required by this section:
(a) Must provide:
(1) Benefits for at least 40 days of hospitalization as an inpatient per policy year and 40 visits for treatment as an outpatient per policy year, excluding visits for the management of medication; and
(2) That two visits for partial or respite care, or a combination thereof, may be substituted for each 1 day of hospitalization not used by the insured. In no event is the policy required to provide coverage for more than 40 days of hospitalization as an inpatient per policy year.
(b) Is not required to provide benefits for psychosocial rehabilitation or care received as a custodial inpatient.
3. Any deductibles and copayments required to be paid for the coverage required by this section must not be greater than 150 percent of the out-of-pocket expenses required to be paid for medical and surgical benefits provided pursuant to the policy of health insurance.
κ1999 Statutes of Nevada, Page 3101 (CHAPTER 576, SB 557)κ
4. The provisions of this section do not apply to a policy of health insurance if, at the end of the policy year, the premiums charged for that policy, or a standard grouping of policies, increase by more than 2 percent as a result of providing the coverage required by this section and the insurer obtains an exemption from the commissioner pursuant to subsection 5.
5. To obtain the exemption required by subsection 4, an insurer must submit to the commissioner a written request therefor that is signed by an actuary and sets forth the reasons and actuarial assumptions upon which the request is based. To determine whether an exemption may be granted, the commissioner shall subtract from the amount of premiums charged during the policy year the amount of premiums charged during the period immediately preceding the policy year and the amount of any increase in the premiums charged that is attributable to factors that are unrelated to providing the coverage required by this section. The commissioner shall verify the information within 30 days after receiving the request. The request shall be deemed approved if the commissioner does not deny the request within that time.
6. The provisions of this section do not:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provisions of services to persons with conditions relating to mental health or substance abuse.
7. A policy of health insurance subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, 2000, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void, unless the policy is otherwise exempt from the provisions of this section pursuant to subsection 4.
8. As used in this section, severe mental illness means any of the following mental illnesses that are biologically based and for which diagnostic criteria are prescribed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association:
(a) Schizophrenia.
(b) Schizoaffective disorder.
(c) Bipolar disorder.
(d) Major depressive disorders.
(e) Panic disorder.
(f) Obsessive-compulsive disorder.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provisions of this Title to the contrary, a policy of group health insurance delivered or issued for delivery in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to severe mental illness.
2. The coverage required by this section:
κ1999 Statutes of Nevada, Page 3102 (CHAPTER 576, SB 557)κ
(a) Must provide:
(1) Benefits for at least 40 days of hospitalization as an inpatient per policy year and 40 visits for treatment as an outpatient per policy year, excluding visits for the management of medication; and
(2) That two visits for partial or respite care, or a combination thereof, may be substituted for each 1 day of hospitalization not used by the insured. In no event is the policy required to provide coverage for more than 40 days of hospitalization as an inpatient per policy year.
(b) Is not required to provide benefits for psychosocial rehabilitation or care received as a custodial inpatient.
3. Any deductibles and copayments required to be paid for the coverage required by this section must not be greater than 150 percent of the out-of-pocket expenses required to be paid for medical and surgical benefits provided pursuant to the policy of group health insurance.
4. The provisions of this section do not apply to a policy of group health insurance:
(a) Delivered or issued for delivery to an employer to provide coverage for his employees if the employer has no more than 25 employees.
(b) If, at the end of the policy year, the premiums charged for that policy, or a standard grouping of policies, increase by more than 2 percent as a result of providing the coverage required by this section and the insurer obtains an exemption from the commissioner pursuant to subsection 5.
5. To obtain the exemption required by paragraph (b) of subsection 4, an insurer must submit to the commissioner a written request therefor that is signed by an actuary and sets forth the reasons and actuarial assumptions upon which the request is based. To determine whether an exemption may be granted, the commissioner shall subtract from the amount of premiums charged during the policy year the amount of premiums charged during the period immediately preceding the policy year and the amount of any increase in the premiums charged that is attributable to factors that are unrelated to providing the coverage required by this section. The commissioner shall verify the information within 30 days after receiving the request. The request shall be deemed approved if the commissioner does not deny the request within that time.
6. The provisions of this section do not:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provisions of services to persons with conditions relating to mental health or substance abuse.
7. A policy of group health insurance subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, 2000, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void, unless the policy is otherwise exempt from the provisions of this section pursuant to subsection 4.
κ1999 Statutes of Nevada, Page 3103 (CHAPTER 576, SB 557)κ
8. As used in this section, severe mental illness means any of the following mental illnesses that are biologically based and for which diagnostic criteria are prescribed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association:
(a) Schizophrenia.
(b) Schizoaffective disorder.
(c) Bipolar disorder.
(d) Major depressive disorders.
(e) Panic disorder.
(f) Obsessive-compulsive disorder.
Sec. 3. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provisions of this Title to the contrary, a contract for hospital or medical service delivered or issued for delivery in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to severe mental illness.
2. The coverage required by this section:
(a) Must provide:
(1) Benefits for at least 40 days of hospitalization as an inpatient per contract year and 40 visits for treatment as an outpatient per contract year, excluding visits for the management of medication; and
(2) That two visits for partial or respite care, or a combination thereof, may be substituted for each 1 day of hospitalization not used by the insured. In no event is the contract required to provide coverage for more than 40 days of hospitalization as an inpatient per contract year.
(b) Is not required to provide benefits for psychosocial rehabilitation or care received as a custodial inpatient.
3. Any deductibles and copayments required to be paid for the coverage required by this section must not be greater than 150 percent of the out-of-pocket expenses required to be paid for medical and surgical benefits provided pursuant to the contract for hospital or medical services.
4. The provisions of this section do not apply to a contract for hospital or medical service:
(a) Delivered or issued for delivery to an employer to provide coverage for his employees if the employer has no more than 25 employees.
(b) If, at the end of the contract year, the premiums charged for that contract, or a standard grouping of contracts, increase by more than 2 percent as a result of providing the coverage required by this section and the insurer obtains an exemption from the commissioner pursuant to subsection 5.
5. To obtain the exemption required by paragraph (b) of subsection 4, an insurer must submit to the commissioner a written request therefor that is signed by an actuary and sets forth the reasons and actuarial assumptions upon which the request is based. To determine whether an exemption may be granted, the commissioner shall subtract from the amount of premiums charged during the contract year the amount of premiums charged during the period immediately preceding the contract year and the amount of any increase in the premiums charged that is attributable to factors that are unrelated to providing the coverage required by this section.
κ1999 Statutes of Nevada, Page 3104 (CHAPTER 576, SB 557)κ
attributable to factors that are unrelated to providing the coverage required by this section. The commissioner shall verify the information within 30 days after receiving the request. The request shall be deemed approved if the commissioner does not deny the request within that time.
6. The provisions of this section do not:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provisions of services to persons with conditions relating to mental health or substance abuse.
7. A contract for hospital or medical service subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, 2000, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void, unless the contract is otherwise exempt from the provisions of this section pursuant to subsection 4.
8. As used in this section, severe mental illness means any of the following mental illnesses that are biologically based and for which diagnostic criteria are prescribed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association:
(a) Schizophrenia.
(b) Schizoaffective disorder.
(c) Bipolar disorder.
(d) Major depressive disorders.
(e) Panic disorder.
(f) Obsessive-compulsive disorder.
Sec. 4. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provisions of this Title to the contrary, any evidence of coverage delivered or issued for delivery in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to severe mental illness.
2. The coverage required by this section:
(a) Must provide:
(1) Benefits for at least 40 days of hospitalization as an inpatient per year of coverage and 40 visits for treatment as an outpatient per year of coverage, excluding visits for the management of medication; and
(2) That two visits for partial or respite care, or a combination thereof, may be substituted for each 1 day of hospitalization not used by the insured. In no event is the evidence of coverage required to provide coverage for more than 40 days of hospitalization as an inpatient per year of coverage.
(b) Is not required to provide benefits for psychosocial rehabilitation or care received as a custodial inpatient.
κ1999 Statutes of Nevada, Page 3105 (CHAPTER 576, SB 557)κ
3. Any deductibles and copayments required to be paid for the coverage required by this section must not be greater than 150 percent of the out-of-pocket expenses required to be paid for medical and surgical benefits provided pursuant to the evidence of coverage.
4. The provisions of this section do not apply to any evidence of coverage:
(a) Delivered or issued for delivery to an employer to provide coverage for his employees if the employer has no more than 25 employees.
(b) If, at the end of the year for which coverage was provided, the premiums charged for the evidence of coverage, or a standard grouping of evidence of coverage, increase by more than 2 percent as a result of providing the coverage required by this section and the health maintenance organization obtains an exemption from the commissioner pursuant to subsection 5.
5. To obtain the exemption required by paragraph (b) of subsection 4, a health maintenance organization must submit to the commissioner a written request therefor that is signed by an actuary and sets forth the reasons and actuarial assumptions upon which the request is based. To determine whether an exemption may be granted, the commissioner shall subtract from the amount of premiums charged during the year for which coverage was provided the amount of premiums charged during the period immediately preceding that year and the amount of any increase in the premiums charged that is attributable to factors that are unrelated to providing the coverage required by this section. The commissioner shall verify the information within 30 days after receiving the request. The request shall be deemed approved if the commissioner does not deny the request within that time.
6. The provisions of this section do not:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provisions of services to persons with conditions relating to mental health or substance abuse.
7. Any evidence of coverage subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, 2000, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void, unless the evidence of coverage is otherwise exempt from the provisions of this section pursuant to subsection 4.
8. As used in this section, severe mental illness means any of the following mental illnesses that are biologically based and for which diagnostic criteria are prescribed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association:
(a) Schizophrenia.
(b) Schizoaffective disorder.
(c) Bipolar disorder.
κ1999 Statutes of Nevada, Page 3106 (CHAPTER 576, SB 557)κ
(d) Major depressive disorders.
(e) Panic disorder.
(f) Obsessive-compulsive disorder.
Sec. 5. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and sections 6 and 7 of [this act] Assembly Bill No. 60 of this session apply to coverage provided pursuant to this paragraph [.] , except that the provisions of section 2 of this act do not apply to such coverage.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
κ1999 Statutes of Nevada, Page 3107 (CHAPTER 576, SB 557)κ
Sec. 6. Section 35 of Assembly Bill No. 293 of this session is hereby amended to read as follows:
Sec. 35. [1. This section and sections 1, 2, 4, 6 to 22, inclusive, 24 to 29, inclusive, 32, 33 and 34 of this act become effective on July 1, 1999.
2.] Sections 3, 5, 23, 30 and 31 of this act become effective on October 1, 1999.
Sec. 7. Upon request, an insurer who delivers or issues for delivery a policy of insurance, contract for hospital or medical service or evidence of coverage pursuant to chapter 689A, 689B, 695B or 695C of NRS shall provide to the commissioner of insurance such information as the commissioner deems necessary to carry out the provisions of subsection 3 of section 9 of this act.
Sec. 8. Sections 1, 2, 4, 6 to 22, inclusive, 24 to 29, inclusive, 32, 33 and 34 of Assembly Bill No. 293 of this session are hereby repealed.
Sec. 9. 1. This section and sections 6 and 8 of this act become effective upon passage and approval only if the governor has first signed Assembly Bill No. 293 of this session.
2. Sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2000, only if the governor has first signed Assembly Bill No. 293 of this session.
3. The provisions of sections 1 to 5, inclusive, and 7 of this act expire by limitation on May 1, 2004, if, on January 1, 2003, the commissioner of insurance issues a determination that the cumulative average increase in premiums for policies of insurance, contracts for hospital or medical service and evidence of coverage delivered or issued for delivery pursuant to chapters 689A, 689B, 695B and 695C of NRS, respectively, that is directly attributable to coverage for the treatment of conditions relating to severe mental illness required to be provided by this act is greater than 6 percent.
________
Senate Bill No. 329Senator Rhoads
Joint Sponsors: Assemblymen Carpenter and Marvel
CHAPTER 577
AN ACT relating to state financial administration; authorizing the issuance of general obligation bonds under certain circumstances to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County; and providing other matters properly relating thereto.
[Approved June 9, 1999]
Whereas, There is a strong movement in the United States today to recognize and understand the history of our country and the events that contributed to the development of the United States; and
Whereas, From 1840 to the completion of the transcontinental railroad in 1869, over 300,000 people traveled across this state on the route known as the California Trail; and
κ1999 Statutes of Nevada, Page 3108 (CHAPTER 577, SB 329)κ
Whereas, The immigrants traveling on the California Trail added to the population base for the development of the western area of the American continent and in so doing, their numbers discouraged England and Russia in their efforts to colonize the Pacific Coast of the Continent; and
Whereas, The early settlers of the State of Nevada were direct descendants of the immigrants who traveled the California Trail; and
Whereas, Even today visual evidence of portions of the California Trail remain, and from the borders of Idaho and Utah to the eastern border of California, the trail and its subtrails are identifiable; and
Whereas, In order to preserve, demonstrate and display the historical significance of the California Trail, an Interpretive Center for the California Trail is needed at a site in Elko County, designated the Hastings Cutoff, that is adjacent to the trail and subtrail of the Donner-Reed Party; and
Whereas, It has been demonstrated that other trail interpretive centers in the West have contributed significantly to the tourism industry in the populated centers along their respective trails; and
Whereas, Other trail interpretive centers have been built with the primary funding coming from the Federal Government after a demonstration of local and state governmental support; and
Whereas, The Board of County Commissioners of Elko County has committed $1,000,000 to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County, contingent upon the other commitments required by subparagraph (3) of paragraph (a) of subsection 3 of section 1 of this act and paragraph (b) of subsection 3 of section 1 of this act; and
Whereas, The Board of Supervisors of the City of Elko has committed $2,000,000 to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County, contingent upon the other commitments required by subsection 3 of section 1 of this act; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as otherwise provided in subsection 3, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $3,000,000. The proceeds of the bonds must be allocated to the Division of State Parks of the State Department of Conservation and Natural Resources to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County.
2. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds and must not exceed 2 percent of the face amount of the bonds sold.
3. The State Board of Finance shall not issue the general obligation bonds pursuant to subsection 1 unless on or before June 30, 2003:
(a) The Division of State Parks of the State Department of Conservation and Natural Resources has received commitments of at least:
(1) One million dollars from Elko County;
(2) Two million dollars from the City of Elko; and
(3) Six million dollars from the Federal Government and other available sources of grant money, for the construction of the California Immigrant Trail Interpretive Center in Elko County; and
κ1999 Statutes of Nevada, Page 3109 (CHAPTER 577, SB 329)κ
for the construction of the California Immigrant Trail Interpretive Center in Elko County; and
(b) The Federal Government has agreed to own and operate the California Immigrant Trail Interpretive Center in Elko County.
Sec. 2. This act becomes effective on July 1, 2001.
________
Senate Bill No. 360Committee on Judiciary
CHAPTER 578
AN ACT relating to crimes; revising the penalty for the crime of petit larceny; revising the penalty for the crime of driving a vehicle while under the influence of alcohol or a controlled substance; 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 205.240 is hereby amended to read as follows:
205.240 1. Except as otherwise provided in NRS 205.220, 205.226, 205.228 and 475.105, a person commits petit larceny if the person:
(a) Intentionally steals, takes and carries away, leads away or drives away:
(1) Personal goods or property, with a value of less than $250, owned by another person;
(2) Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(3) Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.
(b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.
2. A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
[3. Except as otherwise provided in subsection 4 or 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny one other time, the court, in addition to any other penalty, shall order the person to perform not less than 48 hours of community service.
4. Except as otherwise provided in subsection 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny two other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months; and
κ1999 Statutes of Nevada, Page 3110 (CHAPTER 578, SB 360)κ
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days.
5. If a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny three or more other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months;
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days; and
(c) Shall impose a fine of at least $500.
6. The provisions of subsections 3, 4 and 5 do not affect the provisions of any other statute providing for a more severe penalty for a first or subsequent conviction of petit larceny.]
Sec. 2. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours , of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $400 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
(2) Shall fine him not less than $750 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
κ1999 Statutes of Nevada, Page 3111 (CHAPTER 578, SB 360)κ
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
κ1999 Statutes of Nevada, Page 3112 (CHAPTER 578, SB 360)κ
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, offense means a violation of NRS 484.379 or 484.3795 or a homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 4. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.
________
Senate Bill No. 302Committee on Transportation
CHAPTER 579
AN ACT relating to gates that provide access for vehicular traffic; requiring that certain gates comply with certain safety standards; 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 405 of NRS is hereby amended by adding thereto a new section to read as follows:
A gate that:
1. Operates by electrical power;
2. Provides access for vehicular traffic; and
3. Is installed on or after March 1, 2000,
must comply with the requirements of the Underwriters Laboratories Inc. Standard for Safety 325, as published on September 18, 1998, and effective on March 1, 2000.
Sec. 2. This act becomes effective on March 1, 2000.
________
κ1999 Statutes of Nevada, Page 3113κ
Senate Bill No. 259Senator Porter
CHAPTER 580
AN ACT relating to business; exempting a business that creates or produces motion pictures from the requirement of obtaining a business license from the department of taxation; increasing the membership of the commission on tourism; revising the provisions concerning legislative appropriations to the commission on economic development for awarding grants to develop certain programs for occupational education; 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 364A.020 is hereby amended to read as follows:
364A.020 1. Business includes:
(a) A corporation, partnership, proprietorship, business association and any other similar organization that conducts an activity for profit;
(b) The activities of a natural person which are deemed to be a business pursuant to NRS 364A.120; and
(c) A trade show or convention held in this state in which a business described in paragraph (a) or (b) takes part, or which a person who conducts such a business attends, for a purpose related to the conduct of the business.
2. The term includes an independent contractor.
3. The term does not include:
(a) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c); [or]
(b) A governmental entity [.] ; or
(c) A business that creates or produces motion pictures. As used in this paragraph, motion pictures has the meaning ascribed to it in NRS 231.020.
Sec. 2. NRS 364A.130 is hereby amended to read as follows:
364A.130 1. Except as otherwise provided in subsection 6 , [and NRS 364A.153,] a person shall not conduct a business in this state unless he has a business license issued by the department.
2. The application for a business license must:
(a) Be made upon a form prescribed by the department;
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;
(c) Declare the estimated number of employees for the previous calendar quarter;
(d) Be accompanied by a fee of $25; and
(e) Include any other information that the department deems necessary.
3. The application must be signed by:
(a) The owner, if the business is owned by a natural person;
(b) A member or partner, if the business is owned by an association or partnership; or
(c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.
κ1999 Statutes of Nevada, Page 3114 (CHAPTER 580, SB 259)κ
4. If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signers authority must be attached to the application.
5. For the purposes of this chapter, a person shall be deemed to conduct a business in this state if a business for which the person is responsible:
(a) Is incorporated pursuant to chapter 78 or 78A of NRS;
(b) Has an office or other base of operations in this state; or
(c) Pays wages or other remuneration to a natural person who performs in this state any of the duties for which he is paid.
6. A person who takes part in a trade show or convention held in this state for a purpose related to the conduct of a business is not required to obtain a business license specifically for that event.
Sec. 3. NRS 231.068 is hereby amended to read as follows:
231.068 1. The commission on economic development, to the extent of legislative appropriations, may grant money to a postsecondary educational institution to develop a program for occupational education which is designed to teach skills in a short [time] period to persons who are needed for employment by new or existing businesses.
2. Any money appropriated to the commission on economic development for awarding grants to develop a program specified in subsection 1 must be accounted for separately in the state general fund. The money in the account:
(a) Does not revert to the state general fund at the end of any fiscal year; and
(b) Must be carried forward to the next fiscal year.
Sec. 4. NRS 231.170 is hereby amended to read as follows:
231.170 1. The commission on tourism is composed of the lieutenant governor, who is its chairman, and [six] eight members who are appointed by the governor.
2. The governor shall appoint as members of the commission persons who are informed on and have experience in travel and tourism, including the business of gaming.
3. The chief administrative officers of the county fair and recreation boards [of counties whose population is 100,000 or more] or, if there is no county fair and recreation board in the county, the chairman of the board of county commissioners, of the three counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism created by NRS 231.250 for the previous fiscal year are ex officio but nonvoting members of the commission. A change in any member of the commission who serves pursuant to the provisions of this subsection that is required because of a change in the amount of the proceeds paid to the department of taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the department of taxation.
4. [The] In addition to the appointments made pursuant to subsection 3, the governor shall appoint : [at least one member who is a resident of:]
(a) At least one member who is a resident of Clark County.
(b) At least one member who is a resident of Washoe County.
κ1999 Statutes of Nevada, Page 3115 (CHAPTER 580, SB 259)κ
(c) [A county] At least two members who are residents of counties whose population is [35,000] 50,000 or less.
(d) One member who is a resident of any county in this state.
Sec. 5. NRS 608.300 is hereby amended to read as follows:
608.300 As used in NRS 608.300 to 608.330, inclusive, unless the context otherwise requires:
1. Artist means an actor, musician, dancer or athlete.
2. Production means [:
(a) A stage production; or
(b) A motion picture, as that term is defined in NRS 231.020, that uses artists.] a stage production, concert, trade show, exhibition, convention or sporting event. The term includes the technical personnel used to create and produce the production.
3. Producer-promoter-employer means a natural person who, or a firm, association or corporation which, supervises or finances a production or attempts to organize a production. [The term also includes a company that, in connection with the production of a motion picture within this state:
(a) Is hired or established to organize or manage the payroll of the production and is the employer of record of any or all of the persons engaged in the production; or
(b) Is responsible for all of the debts and obligations incurred by a motion picture company in the production.]
Sec. 6. NRS 608.310 is hereby amended to read as follows:
608.310 1. Except as otherwise provided in subsection 4, a producer-promoter-employer intending to do business in this state must obtain a permit from the labor commissioner.
2. An application for the permit required by subsection 1 must contain information concerning:
(a) The applicants name and permanent address;
(b) The financing for the production;
(c) The type of production intended by the applicant, the number of artists, technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and
(d) Such other information as the labor commissioner may require by regulation for the protection of persons associated with the entertainment industry.
3. The commissioner may by regulation require a reasonable fee for processing an application.
4. The provisions of this section do not apply to any producer-promoter-employer who produces proof to the commissioner or, in a county whose population is 400,000 or more, produces proof to the department or agency within that county which is authorized to issue business licenses on behalf of the county that he:
(a) Has been in the business of a producer-promoter-employer in this state for the 5‑year period immediately preceding the filing of the application and has had no successful wage claim filed with the labor commissioner during that period;
κ1999 Statutes of Nevada, Page 3116 (CHAPTER 580, SB 259)κ
(b) Has sufficient tangible assets in this state which, if executed upon, would equal or exceed the amount of bond required; or
(c) Holds a license to operate a nonrestricted gaming operation in this state . [; or
(d) If the producer-promoter-employer is engaged in the production of a motion picture, as that term is defined in NRS 231.020, within a county whose population is 400,000 or more, has contracted with a company to organize or manage the payroll of the production and the company is the employer of record of any or all of the persons engaged in the production.
5. If a producer-promoter-employer is exempt from the provisions of this section pursuant to subsection 4, he may request a waiver confirming that exemption from:
(a) The director of the division of motion pictures of the commission on economic development; or
(b) In a county whose population is 400,000 or more, the department or agency within that county which is authorized to issue business licenses on behalf of the county.
If the request is made pursuant to paragraph (b), the department or agency shall submit the request to the division of motion pictures in accordance with NRS 608.325. The labor commissioner shall, within 1 working day, approve such a request upon confirmation that the producer-promoter-employer fulfills one or more of the criteria for an exemption set forth in subsection 4. A waiver approved pursuant to this subsection is effective for a period of 5 years unless the labor commissioner determines that good cause exists to revoke the waiver. Upon the expiration of a waiver at the end of the 5-year period, the labor commissioner may extend the waiver for an additional period if the labor commissioner determines that the producer-promoter-employer has acted in good faith and has complied with the statutes and regulations of this state.]
Sec. 7. NRS 608.330 is hereby amended to read as follows:
608.330 Any person who fails to comply with the provisions of NRS 608.300 to 608.330, inclusive [:
1. Is] , is guilty of a misdemeanor . [; and
2. May be prohibited by the division of motion pictures of the commission on economic development from proceeding with the production until the division determines that he is in compliance with those provisions.]
Sec. 8. Section 1 of Senate Bill No. 537 of this session is hereby amended to read as follows:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 364A or 374 of NRS.
2. The commission on economic development shall approve an application for a partial abatement if the commission makes the following determinations:
(a) The business is consistent with:
κ1999 Statutes of Nevada, Page 3117 (CHAPTER 580, SB 259)κ
(1) The state plan for industrial development and diversification that is developed by the commission pursuant to NRS 231.067; and
(2) Any guidelines adopted pursuant to the state plan.
(b) The applicant has executed an agreement with the commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county or city whose population is 50,000 or more, the business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
(e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county or city whose population is less than 50,000, the business meets at least two of the following requirements:
(1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
κ1999 Statutes of Nevada, Page 3118 (CHAPTER 580, SB 259)κ
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
(f) If the business is an existing business, the business meets at least two of the following requirements:
(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I) County assessor of the county in which the business will expand, if the business is locally assessed; or
(II) Department, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing business to its new employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
3. Notwithstanding the provisions of subsection 2, the commission on economic development may:
(a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;
(b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or
(c) Add additional requirements that a business must meet to qualify for a partial abatement,
if the commission determines that such action is necessary.
4. If a person submits an application to the commission on economic development pursuant to subsection 1, the commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the commission will consider the application.
κ1999 Statutes of Nevada, Page 3119 (CHAPTER 580, SB 259)κ
5. If the commission on economic development approves an application for a partial abatement, the commission shall immediately forward a certificate of eligibility for the abatement to:
(a) The department;
(b) The Nevada tax commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the executive director of the commission on economic development, furnish the executive director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,
the business shall repay to the department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. [The business is also required to] Except as otherwise provided in NRS 360.320 and section 2 of Senate Bill No. 362 of this session, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
8. A county treasurer:
(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.611, 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.
9. The commission on economic development:
(a) Shall adopt regulations [regarding:] relating to:
(1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and
(2) The notice that must be provided pursuant to subsection 4.
(b) May adopt such other regulations as the commission on economic development determines to be necessary to carry out the provisions of this section.
κ1999 Statutes of Nevada, Page 3120 (CHAPTER 580, SB 259)κ
10. The Nevada tax commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and
(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada tax commission determines to be necessary to carry out the provisions of this section.
11. An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 9. 1. NRS 364A.153 and 608.325 are hereby repealed.
2. Sections 12, 20 and 39 of Senate Bill No. 362 of this session are hereby repealed.
Sec. 10. 1. This section and subsection 2 of section 9 of this act become effective upon passage and approval.
2. Section 8 of this act becomes effective on July 1, 1999.
3. Sections 1 to 7, inclusive, and subsection 1 of section 9 of this act become effective on October 1, 1999.
________
Senate Bill No. 193Senators Rawson, ODonnell and Jacobsen
CHAPTER 581
AN ACT relating to emergency management; limiting the amount of the balance remaining in the emergency assistance account within the disaster relief fund at the end of a fiscal year that may be allocated by the state emergency response commission; providing for the activation of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety upon the request of a political subdivision in certain circumstances; making various changes to provisions relating to the disaster relief fund; making appropriations to the division for certain purposes; 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 414.040 is hereby amended to read as follows:
414.040 1. A division of emergency management is hereby created within the department of motor vehicles and public safety. The chief of the division is appointed by and holds office at the pleasure of the director of the department of motor vehicles and public safety. The division is the state agency for civil defense and the chief is the states director of civil defense.
2. The chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
κ1999 Statutes of Nevada, Page 3121 (CHAPTER 581, SB 193)κ
3. The chief, subject to the direction and control of the director, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the director.
4. To facilitate the development of a comprehensive, coordinated approach to emergency management, the chief may develop an integrated process, using the partnership of governmental entities, business and industry and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies. In developing this process, he may suggest activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency occurs by fostering the adoption of plans for emergency operations, the training of necessary personnel and the acquisition of necessary resources;
(c) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(d) Restore the operation of vital community life-support systems and return persons and property affected by an emergency to a condition that is comparable to what existed before the emergency occurred.
5. The division shall perform the duties required pursuant to section 13 of this act at the request of a state agency or local government.
Sec. 2. NRS 414.135 is hereby amended to read as follows:
414.135 1. There is hereby created the emergency assistance account within the disaster relief fund created pursuant to NRS 353.2735. Beginning with the fiscal year that begins on July 1, 1999, the state controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the disaster relief fund to the account in an amount not to exceed $500,000.
2. The division of emergency management of the department of motor vehicles and public safety shall administer the account. The division may adopt regulations authorized by this section before, on or after July 1, 1999.
3. All expenditures from the account must be approved in advance by the division. Except as otherwise provided in subsection 4, all money in the account must be expended solely to:
(a) Provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy; and
(b) Pay any actual expenses incurred by the division for administration during a natural, technological or man-made emergency or disaster.
κ1999 Statutes of Nevada, Page 3122 (CHAPTER 581, SB 193)κ
4. Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the division may, with the approval of the interim finance committee, allocate all or any portion of the remaining balance , not to exceed $250,000, to this state or to a local government to:
(a) Purchase equipment or supplies required for emergency management; and
(b) Provide training to personnel related to emergency management.
5. Beginning with the fiscal year that begins on July 1, 1999, the division shall, at the end of each quarter of a fiscal year, submit to the interim finance committee a report of the expenditures made from the account for the previous quarter.
6. The division shall adopt such regulations as are necessary to administer the account.
7. The division may adopt regulations to provide for reimbursement of expenditures made from the account. If the division requires such reimbursement, the attorney general shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the fund, upon request by the division.
Sec. 3. NRS 414.270 is hereby amended to read as follows:
414.270 A state disaster identification team is hereby established within the division of emergency management of the department of motor vehicles and public safety. The chief:
1. Shall assign persons with expertise in various fields to the state disaster identification team; and
2. May activate such persons [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070] to perform the duties of the state disaster identification team [.] :
(a) During a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070; or
(b) Upon the request of a political subdivision of this state if the chief determines that the political subdivision requires the services of the state disaster identification team.
Sec. 4. NRS 414.280 is hereby amended to read as follows:
414.280 [The] Upon activation, the state disaster identification team shall:
1. Provide technical assistance and personnel to local authorities to recover, identify and process deceased victims . [during a state of emergency or declaration of disaster.]
2. Within 2 hours after [the notification of a state of emergency or declaration of disaster and at the request of the chief,] activation, begin to identify and report to the chief the need for medical and health services to:
(a) Establish temporary facilities to be used as a morgue.
(b) Identify deceased victims by using, without limitation, latent fingerprints and the forensic methods of dentistry, pathology and anthropology.
(c) Process and dispose of the remains of deceased victims.
κ1999 Statutes of Nevada, Page 3123 (CHAPTER 581, SB 193)κ
Sec. 5. NRS 414.290 is hereby amended to read as follows:
414.290 [The] In carrying out its duties pursuant to NRS 414.280, the state disaster identification team may [, during a state of emergency or declaration of disaster,] have access to:
1. The information that is contained in the central repository for Nevada records of criminal history pursuant to NRS 179A.075.
2. The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.
3. The records of missing children maintained by the attorney general pursuant to NRS 432.170.
4. The records and information concerning missing persons maintained by the investigation division of the department of motor vehicles and public safety pursuant to NRS 481.245.
Sec. 6. NRS 414.300 is hereby amended to read as follows:
414.300 The department of motor vehicles and public safety shall adopt regulations to govern the state disaster identification team. The regulations must include, without limitation:
1. Guidelines for the chief to:
(a) Assign persons to positions on the state disaster identification team; and
(b) Determine which members of the state disaster identification team may be activated [during a state of emergency or declaration of disaster.] pursuant to NRS 414.270.
2. Provisions governing the organization, administration and operation of the state disaster identification team.
3. The compensation, if any, to be paid by the department to a member of the state disaster identification team who is activated [during a state of emergency or declaration of disaster.] pursuant to NRS 414.270.
Sec. 7. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
κ1999 Statutes of Nevada, Page 3124 (CHAPTER 581, SB 193)κ
(c) In the manner prescribed by the director of the department,
within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall, in the manner prescribed by the director of the department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request , [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070,] provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
κ1999 Statutes of Nevada, Page 3125 (CHAPTER 581, SB 193)κ
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repositorys initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
κ1999 Statutes of Nevada, Page 3126 (CHAPTER 581, SB 193)κ
other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
(c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) Advisory committee means the committee established by the director of the department pursuant to NRS 179A.078.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
Sec. 8. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
κ1999 Statutes of Nevada, Page 3127 (CHAPTER 581, SB 193)κ
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The state gaming control board.
(d) The state board of nursing.
(e) The private investigators licensing board to investigate an applicant for a license.
(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the public utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.
(p) The welfare division of the department of human resources or its designated representative.
(q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act (42 U.S.C. §§ 651 et seq.).
(r) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety . [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070.]
κ1999 Statutes of Nevada, Page 3128 (CHAPTER 581, SB 193)κ
state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070.]
6. Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 9. NRS 289.270 is hereby amended to read as follows:
289.270 1. The following persons have the powers of a peace officer:
(a) The director of the department of motor vehicles and public safety.
(b) The chiefs of the divisions of the department of motor vehicles and public safety.
(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.
(e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.
2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.
3. Administrators and investigators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties [under] pursuant to NRS 481.048.
4. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
5. Members of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety who are, pursuant to NRS 414.270, activated by the chief of the division [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070] to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.
Sec. 10. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 11, 12 and 13 of this act.
Sec. 11. Division means the division of emergency management of the department of motor vehicles and public safety.
Sec. 12. A local government may request a grant or loan from the fund if:
1. Pursuant to NRS 414.090, the governing body of the local government determines that an event which has occurred constitutes a disaster; and
κ1999 Statutes of Nevada, Page 3129 (CHAPTER 581, SB 193)κ
2. After the division conducts a preliminary assessment of the damages pursuant to section 13 of this act, the division determines that an event has occurred that constitutes a disaster.
Sec. 13. 1. A state agency or local government may request the division to conduct a preliminary assessment of the damages related to an event for which the state agency or local government seeks a grant or loan from the fund.
2. Upon receipt of such a request, the division shall investigate the event or cause the event to be investigated to make a preliminary assessment of the damages related to the event and shall make or cause to be made a written report of the damages related to the event.
3. As soon as practicable after completion of the investigation and preparation of the report of damages, the division shall:
(a) Determine whether the event constitutes a disaster for which the state agency or local government may seek a grant or loan from the fund; and
(b) Submit the report prepared pursuant to this section and its written determination regarding whether the event constitutes a disaster to the state agency or local government.
4. The division shall prescribe by regulation the information that must be included in a report of damages, including, without limitation, a description of the damage caused by the event, an estimate of the costs to repair such damage and a specification of whether the purpose of the project is for repair or replacement, emergency response or mitigation.
Sec. 14. NRS 353.2705 is hereby amended to read as follows:
353.2705 As used in NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 353.271 to 353.2731, inclusive, and section 11 of this act, have the meanings ascribed to them in those sections.
Sec. 15. NRS 353.271 is hereby amended to read as follows:
353.271 Disaster means a fire, flood, earthquake, drought, explosion, civil disturbance or any other occurrence or threatened occurrence that, regardless of cause:
1. Results in, or may result in, widespread or severe damage to property or injury to or the death of persons in this state; and
2. As determined by [the governor,]
(a) The governor; or
(b) The governing body of a local government pursuant to NRS 414.090 and the division pursuant to section 13 of this act,
requires immediate action to protect the health, safety and welfare of the residents of this state.
Sec. 16. NRS 353.2735 is hereby amended to read as follows:
353.2735 1. The disaster relief fund is hereby created as a special revenue fund. The interim finance committee shall administer the fund. Except as otherwise provided in subsection 2, money received from:
(a) A direct legislative appropriation to the fund;
(b) A transfer of one-half of the interest earned on money in the fund to stabilize the operation of state government made pursuant to NRS 353.288; and
κ1999 Statutes of Nevada, Page 3130 (CHAPTER 581, SB 193)κ
(c) A grant, gift or donation to the fund,
must be deposited in the fund. Except as otherwise provided in NRS 414.135, the interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund.
2. If, at the end of each quarter of a fiscal year, the balance in the fund exceeds 0.75 percent of the total amount of all appropriations from the state general fund for the operation of all departments, institutions and agencies of state government and authorized expenditures from the state general fund for the regulation of gaming for that fiscal year, the state controller shall not, until the balance in the fund is 0.75 percent or less of that amount, transfer any interest earned on money in the fund to stabilize the operation of state government from the state general fund to the fund pursuant to the provisions of NRS 353.288.
3. Money in the fund may be distributed through grants and loans to state agencies and local governments as provided in NRS 353.2705 to 353.2771, inclusive [.] , and sections 11, 12 and 13 of this act. Except as otherwise provided in NRS 353.276, such grants will be disbursed on the basis of reimbursement of costs authorized pursuant to NRS 353.274 and 353.2745.
4. If the governor declares a disaster, the state board of examiners shall estimate:
(a) The money in the fund that is available for grants and loans for the disaster pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive [;] , and sections 11, 12 and 13 of this act; and
(b) The anticipated amount of those grants and loans for the disaster.
Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the fund for such grants and loans, all grants and loans from the fund for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceeds the money in the fund that is available for grants and loans for the disaster. If the reduction of a grant or loan from the fund would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.
Sec. 17. NRS 353.274 is hereby amended to read as follows:
353.274 Money in the fund may be distributed as a grant to a state agency because of a disaster for the payment of expenses incurred by the state agency for:
1. The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the state and damaged by the disaster;
2. Any emergency measures undertaken to save lives, protect public health and safety or protect public property in the jurisdiction in which the disaster occurred;
3. The removal of debris from publicly or privately owned land and waterways undertaken because of the disaster; and
4. The administration of a disaster assistance program.
κ1999 Statutes of Nevada, Page 3131 (CHAPTER 581, SB 193)κ
Sec. 18. NRS 353.2745 is hereby amended to read as follows:
353.2745 Money in the fund may be distributed as a grant to a local government because of a disaster for:
1. The payment of not more than 50 percent of the expenses incurred by the local government for:
(a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster; and
(b) Any emergency measures undertaken to save lives, protect public health and safety or protect public property in the jurisdiction in which the disaster occurred; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government.
Sec. 19. NRS 353.2751 is hereby amended to read as follows:
353.2751 Money in the fund may be distributed as a loan to a local government because of a disaster for:
1. The payment of expenses incurred by the local government for:
(a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster;
(b) Any overtime worked by an employee of the local government because of the disaster or any other extraordinary expenses incurred by the local government because of the disaster; and
(c) Any projects to reduce or prevent the possibility of damage to persons or property from similar disasters in the future; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government. Before a loan may be distributed to a local government pursuant to this subsection:
(a) The interim finance committee must make a determination that the local government is currently unable to meet its financial obligations; and
(b) The local government must execute a loan agreement in which the local government agrees to:
(1) Use the money only for the purpose of paying the grant match; and
(2) Repay the entire amount of the loan, without any interest or other charges, to the disaster relief fund not later than 10 years after the date on which the agreement is executed.
Sec. 20. NRS 353.2755 is hereby amended to read as follows:
353.2755 1. A state agency or local government may submit a request to the state board of examiners for a grant or loan from the fund as provided in NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and 13 of this act, if:
(a) The agency or local government finds that, because of a disaster, it is unable to pay for an expense or grant match specified in NRS 353.274, 353.2745 or 353.2751 from money appropriated or otherwise available to the agency or local government; [and]
κ1999 Statutes of Nevada, Page 3132 (CHAPTER 581, SB 193)κ
(b) The request has been approved by the chief administrative officer of the state agency or the governing body of the local government [.] ; and
(c) If the requester is an incorporated city, the city has requested financial assistance from the county and was denied all or a portion of the requested assistance.
2. A request for a grant or loan submitted pursuant to subsection 1 must be made within 60 days after the disaster and must include:
(a) A statement setting forth the amount of money requested by the state agency or local government;
(b) An assessment of the need of the state agency or local government for the money requested;
(c) If the request is submitted by a local government that has established a fund pursuant to NRS 354.6115 to mitigate the effects of a natural disaster, a statement of the amount of money that is available in that fund, if any, for the payment of expenses incurred by the local government as a result of a disaster; [and]
(d) A determination of the type, value and amount of resources the state agency or local government may be required to provide as a condition for the receipt of a grant or loan from the fund [.] ;
(e) A written report of damages prepared by the division and the written determination made by the division that the event constitutes a disaster pursuant to section 13 of this act; and
(f) If the requester is an incorporated city, all documents which relate to a request for assistance submitted to the board of county commissioners of the county in which the city is located.
Any additional documentation relating to the request that is requested by the state board of examiners must be submitted within 6 months after the disaster unless the state board of examiners and the interim finance committee grants an extension.
3. Upon the receipt of a complete request for a grant or loan submitted pursuant to subsection 1, the state board of examiners:
(a) Shall consider the request; and
(b) May require any additional information that it determines is necessary to make a recommendation.
4. If the state board of examiners finds that a grant or loan is appropriate, it shall include in its recommendation to the interim finance committee the proposed amount of the grant or loan. If the state board of examiners recommends a grant, it shall include a recommendation regarding whether or not the state agency or local government requires an advance to avoid severe financial hardship. If the state board of examiners recommends a loan for a local government, it shall include the information required pursuant to subsection 1 of NRS 353.2765. If the state board of examiners finds that a grant or loan is not appropriate, it shall include in its recommendation the reason for its determination.
5. The provisions of this section do not prohibit a state agency or local government from submitting more than one request for a grant or loan from the fund.
6. As used in this section, the term natural disaster has the meaning ascribed to it in NRS 354.6115.
κ1999 Statutes of Nevada, Page 3133 (CHAPTER 581, SB 193)κ
Sec. 21. NRS 353.276 is hereby amended to read as follows:
353.276 1. The state board of examiners shall submit a recommendation for each request for a grant or loan made pursuant to NRS 353.2755 to the director of the legislative counsel bureau. Upon receipt of the recommendation, the director shall notify the chairman of the interim finance committee of that recommendation. The chairman shall call a meeting of the committee to consider the recommendation.
2. The interim finance committee may reject any recommendation of the state board of examiners and independently evaluate and act upon any request submitted pursuant to NRS 353.2755.
3. If the interim finance committee finds that a grant or loan from the fund is appropriate and may be made in accordance with the provisions of NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and 13 of this act, it shall, by resolution:
(a) Establish the amount and purpose of the grant or loan . [; and
(b) Provide]
(b) Except as otherwise provided in this paragraph, provide for the transfer of that amount from the fund to the appropriate state agency or local government. If the request is for a grant, the interim finance committee shall authorize disbursement of the grant from the fund on the basis of reimbursement for costs unless it determines that disbursement in that manner would cause severe financial hardship to the state agency or local government. If the interim finance committee determines that disbursement on the basis of reimbursement of costs would cause severe financial hardship, the interim finance committee may authorize an advance of money to the state agency or local government in an amount not to exceed 25 percent of the total estimated cost of the projects for which the grant is requested.
4. No grant or loan from the fund may be made by the interim finance committee to increase the salaries of any officers or employees of the state or a local government.
Sec. 22. NRS 432.170 is hereby amended to read as follows:
432.170 1. The attorney general shall:
(a) Establish a program to coordinate activities and information in this state concerning missing or exploited children; and
(b) Appoint a director to administer the provisions of the program.
2. The director is in the unclassified service of the state. To assist the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive, the attorney general may appoint such assistants or investigators as deemed necessary by the attorney general.
3. The director may:
(a) Assist any public or private school in establishing a program of information about missing or exploited children by providing, free of charge, materials, publications and instructional aids relating to:
(1) Offenses under federal and state law regarding missing or exploited children and the abuse or neglect of children.
(2) Governmental and private agencies and programs for locating and identifying missing or exploited children, preventing the abduction or disappearance of children and preventing the abuse or neglect of children.
κ1999 Statutes of Nevada, Page 3134 (CHAPTER 581, SB 193)κ
(3) Methods of preventing the abduction or disappearance of children.
(4) Techniques for the investigation of cases involving missing or exploited children.
(5) Any other issue involving missing or exploited children.
(b) Develop and maintain a system of information concerning missing or exploited children, including information concerning public or private resources which may be available to such children and their families.
(c) Accept gifts or donations on behalf of the clearinghouse which must be accounted for separately and used by the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive.
(d) Enter into agreements with regional and national organizations for assistance and exchange of information concerning missing or exploited children.
(e) Assist in the investigation of children who are reported missing in this state or who are reported abducted or taken from this state.
4. The director may provide the materials, publications and instructional aids identified in paragraph (a) of subsection 3 to any other person or governmental agency for a reasonable fee not to exceed the cost of preparing the materials.
5. The director shall, upon request , [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070,] provide records regarding a missing child to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
Sec. 23. NRS 481.245 is hereby amended to read as follows:
481.245 1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division and to the central repository for Nevada records of criminal history.
2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:
(a) Transmit to the investigation division and to the central repository for Nevada records of criminal history:
(1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and
(2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;
(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the computer for the National Crime Information Center and the central repository for Nevada records of criminal history, if appropriate.
3. The sheriff, chief of police or other law enforcement agency shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain certain identifying information about the missing person that the National Crime Information Center recommends be provided from the appropriate providers of medical care.
κ1999 Statutes of Nevada, Page 3135 (CHAPTER 581, SB 193)κ
Information Center recommends be provided from the appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the identifying information from the providers of medical care and forward that information and any other relevant information to the investigation division and to the central repository for Nevada records of criminal history for comparison with the identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing person by the next of kin or guardian of the missing person at any time.
4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.
5. The sheriff, chief of police or other law enforcement agency shall inform the investigation division, the central repository for Nevada records of criminal history and the National Crime Information Center when a missing person has been found.
6. The investigation division and the central repository for Nevada records of criminal history shall:
(a) Maintain the records and other information forwarded to them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies; and
(b) Upon request , [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070,] provide the records and other information that are maintained pursuant to this subsection to the state disaster identification team of the division of emergency management of the department.
Sec. 24. Section 22 of Assembly Bill No. 626 of this session is hereby amended to read as follows:
Sec. 22. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
κ1999 Statutes of Nevada, Page 3136 (CHAPTER 581, SB 193)κ
(c) In the manner prescribed by the director of the department,
within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall, in the manner prescribed by the director of the department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
κ1999 Statutes of Nevada, Page 3137 (CHAPTER 581, SB 193)κ
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repositorys initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
κ1999 Statutes of Nevada, Page 3138 (CHAPTER 581, SB 193)κ
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
(c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) Advisory committee means the committee established by the director of the department pursuant to NRS 179A.078.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
Sec. 25. 1. There is hereby appropriated from the state general fund to the division of emergency management of the department of motor vehicles and public safety the sum of $90,000 for training, supplies and statewide activities related to emergency management.
2. Any remaining balance of the appropriation made in subsection 1 must not be committed for expenditure after July 1, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 26. 1. There is hereby appropriated from the state general fund to the division of emergency management of the department of motor vehicles and public safety the sum of $30,000 for contract computer programming assistance on software relating to emergency management.
2. Any remaining balance of the appropriation made in subsection 1 must not be committed for expenditure after July 1, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 3139 (CHAPTER 581, SB 193)κ
Sec. 27. 1. This section and section 26 of this act become effective upon passage and approval.
2. Sections 1, 10 to 21, inclusive, 24 and 25 of this act become effective on October 1, 1999.
3. Sections 2 to 9, inclusive, 22 and 23 of this act become effective at 12:01 a.m. on October 1, 1999.
________
Senate Bill No. 133Committee on Commerce and Labor
CHAPTER 582
AN ACT relating to industrial insurance; authorizing certain private companies, public entities and utilities to establish and administer a consolidated insurance program to obtain industrial insurance coverage for a construction project; providing certain limitations regarding the scope of a consolidated insurance program; authorizing the state industrial insurance system or certain private carriers to provide industrial insurance coverage for a consolidated insurance program; requiring that a consolidated insurance program must provide for the safety and administration of claims of employees of contractors and subcontractors who are engaged in a construction project; setting forth the provisions that must be included within a contract to provide industrial insurance coverage for a consolidated insurance program; allocating responsibility for the payment of claims for industrial insurance that are covered by a consolidated insurance program; 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 616A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Consolidated insurance program means a program of insurance that provides, for a specified period:
1. Industrial insurance coverage;
2. A comprehensive program of safety; and
3. For the administration of claims for industrial insurance,
for each employee of a contractor or subcontractor who is engaged in a construction project when such an employee works at the site of the construction project.
Sec. 3. Contractor-controlled insurance program means a consolidated insurance program that is established and administered by the principal contractor of the construction project.
Sec. 4. Owner-controlled insurance program means a consolidated insurance program that is established and administered by the owner of the construction project.
Sec. 5. NRS 616A.020 is hereby amended to read as follows:
616A.020 1. The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other rights and remedies of the employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury.
κ1999 Statutes of Nevada, Page 3140 (CHAPTER 582, SB 133)κ
dependents or next of kin, at common law or otherwise, on account of such injury.
2. The terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of those chapters.
3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect, land surveyor or engineer who performs services for:
(a) The contractor;
(b) The owner of the property; or
(c) Any such beneficially interested persons.
4. The exclusive remedy provided by this section applies to the owner of a construction project who provides industrial insurance coverage for the project by establishing and administering a consolidated insurance program pursuant to section 8 of this act to the extent that the program covers the employees of the contractors and subcontractors who are engaged in the construction of the project.
5. If an employee receives any compensation or accident benefits under chapters 616A to 616D, inclusive, of NRS, the acceptance of such compensation or benefits shall be in lieu of any other compensation, award or recovery against his employer under the laws of any other state or jurisdiction and such employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.
Sec. 6. NRS 616A.025 is hereby amended to read as follows:
616A.025 As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 6.5. NRS 616A.230 is hereby amended to read as follows:
616A.230 Employer means:
1. The state, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service any person under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada rural housing authority.
5. An owner or principal contractor who establishes and administers a consolidated insurance program pursuant to section 8 of this act, with respect to the employees covered under that consolidated insurance program.
κ1999 Statutes of Nevada, Page 3141 (CHAPTER 582, SB 133)κ
Sec. 7. Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 21, inclusive, of this act.
Sec. 8. 1. A private company, public entity or utility may:
(a) Establish and administer a consolidated insurance program to provide industrial insurance coverage for employees of contractors and subcontractors who are engaged in a construction project of which the private company, public entity or utility is the owner or principal contractor, if the estimated total cost of the construction project is equal to or greater than the threshold amount established by the commissioner pursuant to subsection 3; and
(b) As a condition precedent to the award of a contract to perform work on the construction project, require that contractors and subcontractors who will be engaged in the construction of the project participate in the consolidated insurance program.
2. If a private company, public entity or utility:
(a) Establishes and administers a consolidated insurance program; and
(b) Pursuant to the contract for the construction of the project, owes a periodic payment to a contractor or subcontractor whose employees are covered under the consolidated insurance program,
the private company, public entity or utility shall not withhold such a periodic payment on the basis that the contractor or subcontractor has not signed an employers report of industrial injury or occupational disease as required pursuant to NRS 616C.045.
3. The commissioner shall establish the threshold amount that the estimated total cost of a construction project must be equal to or greater than before a consolidated insurance program may be established and administered for that project pursuant to this section. The base amount for the threshold must initially be $150,000,000 and thereafter must be an amount equal to $150,000,000 as adjusted by the commissioner on June 30 of each year to reflect the present value of that amount with respect to the construction cost index.
4. As used in this section:
(a) Construction cost index means the construction cost index published by the Engineering News-Record as a measure of inflation.
(b) Estimated total cost means the estimated cost to complete all parts of a construction project, including, without limitation, the cost of:
(1) Designing the project;
(2) Acquiring the real property on which the project will be constructed;
(3) Connecting the project to utilities;
(4) Excavating and carrying out underground improvements for the project; and
(5) Acquiring equipment and furnishings for the project.
The term does not include the cost of any fees or charges associated with acquiring the money necessary to complete the project.
Sec. 9. (Deleted by amendment.)
Sec. 10. A consolidated insurance program must not cover more than one construction project.
κ1999 Statutes of Nevada, Page 3142 (CHAPTER 582, SB 133)κ
Sec. 11. A consolidated insurance program may cover more than one construction project.
Sec. 12. 1. The system or a private carrier who is authorized to transact industrial insurance in this state may contract with a private company, public entity or utility to provide industrial insurance coverage for a consolidated insurance program.
2. A private company, public entity or utility that enters into a contract with the system or a private carrier for the provision of industrial insurance coverage for a consolidated insurance program shall file a copy of the contract with the commissioner at least 60 days before the date on which the construction project is scheduled to begin.
3. The commissioner shall, within 60 days after receiving a copy of a contract pursuant to subsection 2, review and approve or disapprove the contract. If the commissioner does not disapprove the contract within 60 days after receiving it, the contract shall be deemed approved.
Sec. 13. 1. A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to section 8 of this act must, in the manner set forth in this section, provide for the safety of an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at the site of the construction project.
2. The owner or principal contractor of the construction project shall develop and carry out a safety program that includes, without limitation:
(a) The establishment of minimum standards of safety to be observed during construction of the project;
(b) The holding of regular meetings to address and discuss issues related to safety;
(c) Training of contractors and subcontractors regarding issues and procedures related to safety;
(d) Regular inspections of the site of the construction project to identify potential safety hazards and ensure that minimum standards of safety are being observed;
(e) The notification of contractors and subcontractors of special hazards that exist at the site of the construction project, including advice on ways in which the contractors and subcontractors can avoid those hazards; and
(f) The prompt investigation of any injuries that take place at the site of the construction project which result in death or serious bodily injury.
3. The owner or principal contractor of the construction project shall hire or contract with two persons to serve as the primary and alternate coordinators for safety for the construction project. The primary and alternate coordinators for safety must:
(a) Possess credentials in the field of safety that the administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project, including, without limitation, credentials issued by the:
(1) Board of Certified Safety Professionals; or
(2) Insurance Institute of America; or
κ1999 Statutes of Nevada, Page 3143 (CHAPTER 582, SB 133)κ
(b) Have at least 3 years of experience in overseeing matters of occupational safety and health in the field of construction that the administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project.
4. The primary and alternate coordinators for safety for the construction project:
(a) Must not serve as coordinators for safety for another construction project that is covered by a different consolidated insurance program;
(b) Shall oversee and enforce the safety program established pursuant to subsection 2, including, without limitation, resolving problems related to the operation of the safety program; and
(c) Shall ensure that the contractors, employers and subcontractors who are engaged in the construction of the project coordinate their efforts regarding issues of occupational safety and health to create and maintain a safe and healthful workplace.
5. The alternate coordinator for safety shall report to the primary coordinator for safety regarding activities that take place at the site of the construction project when the primary coordinator is absent.
6. The owner or principal contractor of the construction project shall ensure that the primary or alternate coordinator for safety for the construction project is physically present at the site of the construction project whenever activity related to construction is taking place at the site.
Sec. 14. 1. A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to section 8 of this act must, in the manner set forth in this section, provide for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at the site of the construction project.
2. The owner or principal contractor of the construction project shall hire or contract with a person to serve as the administrator of claims for industrial insurance for the construction project. Such a person must not serve as an administrator of claims for industrial insurance for another construction project that is covered by a different consolidated insurance program.
3. The administrator of claims for industrial insurance for the construction project who is hired or with whom the owner or principal contractor contracts pursuant to subsection 2 shall:
(a) Assist an employee who is covered under the consolidated insurance program or, in the event of the employees death, one of his dependents, in filing a written notice of injury or death as required pursuant to NRS 616C.015 or a written notice of an occupational disease as required pursuant to NRS 617.342;
(b) Sign and file on behalf of a contractor or subcontractor whose employees are covered under the consolidated insurance program an employers report of industrial injury or occupational disease as required pursuant to NRS 616C.045 or 617.354;
(c) Ensure that an employee who is covered under the consolidated insurance program and who has been injured or who has incurred an occupational disease while working on the construction project is directed to a medical facility that will provide treatment to the employee under the program;
κ1999 Statutes of Nevada, Page 3144 (CHAPTER 582, SB 133)κ
occupational disease while working on the construction project is directed to a medical facility that will provide treatment to the employee under the program;
(d) Handle all issues, to the extent reasonably practicable, relating to claims for industrial insurance at the site of the construction project; and
(e) Hire or contract such assistant administrators as may be necessary to carry out his responsibilities pursuant to this section.
4. The owner or principal contractor of the construction project shall ensure that the administrator of claims for industrial insurance for the construction project or an assistant administrator is physically present at the site of the construction project whenever activity related to construction is taking place at the site.
Sec. 15. (Deleted by amendment.)
Sec. 16. 1. A consolidated insurance program must not provide industrial insurance coverage, a comprehensive program of safety or for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction of the project that is covered by the consolidated insurance program at any time that such an employee does not work at the site of the construction project.
2. A contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program shall maintain separate industrial insurance coverage for its employees who:
(a) Are not assigned to participate in the construction of the project; or
(b) Are assigned to participate in the construction of the project but who do not work at the site of the project.
3. The owner or principal contractor of a construction project shall reimburse a contractor or subcontractor who bids successfully on the construction project for the cost of providing separate industrial insurance coverage for an employee if:
(a) The contractor or subcontractor set the amount of his bid in a reasonable, good faith belief that the employee would work at the site of the construction project and would therefore be covered by the consolidated insurance program; and
(b) Because of changed circumstances not reasonably foreseeable at the time the bid was submitted, the employee worked in whole or in part at a location other than the site of the construction project, requiring the contractor or subcontractor to obtain separate industrial insurance coverage for that employee.
Sec. 17. If an owner or principal contractor establishes and administers a consolidated insurance program pursuant to section 8 of this act, each employee who is covered under the consolidated insurance program shall be deemed to be an employee of the owner or principal contractor for the purpose of determining the loss experience of the owner or principal contractor.
Sec. 18. With respect to a construction project for which the owner intends to establish and administer an owner-controlled insurance program or the principal contractor intends to establish and administer a contractor-controlled insurance program, the owner or principal contractor, as appropriate, shall:
κ1999 Statutes of Nevada, Page 3145 (CHAPTER 582, SB 133)κ
1. In the notice or advertisement for bids for the construction of the project, state:
(a) That the employees of contractors and subcontractors who are engaged in the construction of the project will be covered under a consolidated insurance program when such employees work at the site of the project; and
(b) Whether such a program will be an owner-controlled insurance program or a contractor-controlled insurance program; and
2. Hold a pre-bid conference at which it provides to potential contractors and subcontractors, without limitation, the following information:
(a) A general explanation of the manner in which a consolidated insurance program operates;
(b) An overview of the provisions of sections 8 to 21, inclusive, of this act;
(c) A general description of the safety procedures that will be required as part of the consolidated insurance program; and
(d) The procedures pursuant to which claims for industrial insurance will be administered.
Sec. 19. The system or a private carrier who contracts to provide industrial insurance coverage for a consolidated insurance program pursuant to section 12 of this act is liable to pay each claim for industrial insurance that is covered by the program, regardless of whether:
1. The claim is filed after the completion of the construction project; or
2. Any party to the contract is not transacting business within this state at the time the claim is filed.
Sec. 20. A contract for the provision of industrial insurance that is authorized pursuant to section 12 of this act must include, without limitation:
1. Provisions that require compliance with each of the requirements relating to safety and the administration of claims for industrial insurance at the site of the construction project that are set forth in sections 13 and 14 of this act;
2. The names and qualifications of the persons appointed to oversee issues of safety and the administration of claims for industrial insurance at the site of the construction project pursuant to sections 13 and 14 of this act;
3. The terms and conditions pursuant to which the contract provides industrial insurance coverage. The terms and conditions must include, without limitation:
(a) A definition of the site of the construction project that:
(1) Delineates clearly the area within which coverage is provided; and
(2) Is reasonably contiguous to the actual physical site of the construction project; and
(b) A description of the scope and details of the construction project and the duration of industrial insurance coverage that is provided for the project;
κ1999 Statutes of Nevada, Page 3146 (CHAPTER 582, SB 133)κ
4. A list in which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project are set forth as named insureds; and
5. A provision setting forth the penalties to which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project may be subject if such persons or entities fail to comply with the provisions relating to safety and the administration of claims for industrial insurance that are required pursuant to sections 13 and 14 of this act.
Sec. 21. The commissioner may adopt such regulations as the commissioner determines are necessary to carry out the provisions of sections 8 to 21, inclusive, of this act, to the extent that the authority granted pursuant to this section does not duplicate authority granted to the administrator.
Sec. 22. NRS 616B.612 is hereby amended to read as follows:
616B.612 1. Every employer within the provisions of chapters 616A to 616D, inclusive, or 617 of NRS, and those employers who accept the terms of those chapters and are governed by their provisions, shall provide and secure compensation according to the terms, conditions and provisions of those chapters for any personal injuries by accident sustained by an employee arising out of and in the course of the employment.
2. A contractor or subcontractor shall be deemed to have provided and secured compensation for his employees as required pursuant to subsection 1 to the extent that those employees are covered by a consolidated insurance program.
3. Travel for which an employee receives wages shall, for the purposes of chapters 616A to 616D, inclusive, of NRS, be deemed in the course of employment.
[3.] 4. In such cases the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those personal injuries unless otherwise provided by the terms of chapters 616A to 616D, inclusive, of NRS.
Sec. 23. NRS 616C.045 is hereby amended to read as follows:
616C.045 1. [Within] Except as otherwise provided in section 14 of this act, within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and file with his insurer or third-party administrator an employers report of industrial injury or occupational disease.
2. The report must:
(a) Be on a form prescribed by the administrator;
(b) Be signed by the employer or his designee;
(c) Contain specific answers to all questions required by the regulations of the administrator; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the injured employee is expected to be off work for 5 days or more.
3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee.
κ1999 Statutes of Nevada, Page 3147 (CHAPTER 582, SB 133)κ
administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.
4. The administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section.
Sec. 24. NRS 617.354 is hereby amended to read as follows:
617.354 1. [Within] Except as otherwise provided in section 14 of this act, within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and file with his insurer or third-party administrator an employers report of industrial injury or occupational disease.
2. The report must:
(a) Be on a form prescribed by the administrator;
(b) Be signed by the employer or his designee;
(c) Contain specific answers to all questions required by the regulations of the department; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the employee is expected to be off work for 5 days or more.
3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.
4. The administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.
Sec. 25. NRS 686A.200 is hereby amended to read as follows:
686A.200 1. [No] Except as otherwise provided in section 8 of this act, no person shall require, directly or indirectly, or through any trustee, director, officer, agent or employee or affiliate, as a condition, agreement or understanding to selling or furnishing any other person any loan, or extension thereof, credit, sale, goods, property, contract, lease or service, that such other person shall place, continue (other than as to life insurance) or renew any policy of insurance of any kind through any particular agent, broker or insurer. No agent, broker or insurer shall knowingly participate in any such prohibited plan or transaction. No person shall fix a price charged for such thing or service, or discount from or rebate upon price, on the condition, agreement or understanding that any insurance is to be obtained through a particular agent, broker or insurer.
2. Subsection 1 does not prevent:
(a) The exercise by any such person upon a reasonable basis of any right to approve or disapprove of the insurer and representative to underwrite the insurance. Such basis shall relate only to the adequacy and terms of the coverage with respect to the interest of the vendor, lender, lessor or provider of service to be insured thereunder, the financial standards to be met by the insurer, and the ability of the insurer or representative to service the policy.
(b) The exercise by the vendor, lender, lessor or provider of service of the right to furnish or renew the insurance, and to charge the account of the other person with the costs thereof, if such other person fails to deliver such insurance to the lender, vendor, lessor or provider of service, where otherwise called for and in order, at least 15 days prior to expiration of the existing policy.
κ1999 Statutes of Nevada, Page 3148 (CHAPTER 582, SB 133)κ
insurance to the lender, vendor, lessor or provider of service, where otherwise called for and in order, at least 15 days prior to expiration of the existing policy.
Sec. 26. NRS 686A.220 is hereby amended to read as follows:
686A.220 1. [No] Except as otherwise provided in section 8 of this act, no officer or employee of this state, or of any public agency, public authority or public corporation (except a public corporation or public authority created pursuant to agreement or compact with another state), and no person acting or purporting to act on behalf of such officer or employee, or public agency or public authority or public corporation, shall, with respect to any public building or construction contract which is about to be or which has been competitively bid, require the bidder to make application or furnish financial data to, or to obtain or procure any of the surety bonds or contracts of insurance specified in connection with such contracts or by any law from, a particular insurer or agent or broker.
2. [No] Except as otherwise provided in section 8 of this act, no such officer or employee or any person acting or purporting to act on behalf of such officer or employee shall negotiate, make application for, obtain or procure any of such surety bonds or contracts of insurance (except contracts of insurance for builders risk or owners protective liability) which can be obtained or procured by the bidder, contractor or subcontractor.
3. This section does not, however, prevent the exercise by such officer or employee on behalf of the state or such public agency, public authority or public corporation of its right to approve the form, sufficiency or manner of execution of the surety bonds or contracts of insurance furnished by the insurer selected by the bidder to underwrite such bonds or contracts of insurance.
4. Any provisions in any invitation for bids or in any of the contract documents in conflict with this section are declared to be contrary to the public policy of this state.
5. A violation of this section is subject to the penalties provided by NRS 679A.180 (general penalty).
Sec. 26.5. Sections 68.8 and 140 of Senate Bill No. 37 of this session are hereby amended to read as follows:
Sec. 68.8. NRS 616D.120 is hereby amended to read as follows:
616D.120 1. Except as otherwise provided in this section, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:
(a) Through fraud, coercion, duress or undue influence:
(1) Induced a claimant to fail to report an accidental injury or occupational disease;
(2) Persuaded a claimant to settle for an amount which is less than reasonable;
(3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
(4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
κ1999 Statutes of Nevada, Page 3149 (CHAPTER 582, SB 133)κ
stipulation or the division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
(b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
(1) Later than 10 days after the date of the settlement agreement or stipulation;
(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or
(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;
(c) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(d) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(e) Failed to comply with the divisions regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;
(f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or
(g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,
the administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.
2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:
(a) Issue a notice of correction for:
(1) A minor violation, as defined by regulations adopted by the division; or
(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.
κ1999 Statutes of Nevada, Page 3150 (CHAPTER 582, SB 133)κ
The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. [Nothing in] The provisions of this section [authorizes] do not authorize the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.
(b) Impose an administrative fine for:
(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or
(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).
The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.
(c) Order a plan of corrective action to be submitted to the administrator within 30 days after the date of the order.
3. If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount [equal to 50 percent of the compensation due or $10,000, whichever is less. In no event may a benefit penalty be less than $500. The] that is not less than $5,000 and not greater than $25,000. To determine the amount of the benefit penalty, the administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. If this is the third violation within 5 years for which a benefit penalty has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrators determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.
κ1999 Statutes of Nevada, Page 3151 (CHAPTER 582, SB 133)κ
Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.
4. In addition to any fine or benefit penalty imposed pursuant to this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.
5. If:
(a) The administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
(b) The fraud control unit for industrial insurance established pursuant to NRS 228.420 notifies the administrator that the unit will not prosecute the person for that violation,
the administrator shall impose an administrative fine of not more than $10,000.
6. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of:
(a) A certificate to act as a self-insured employer.
(b) A certificate to act as an association of self-insured public or private employers.
(c) A certificate of registration as a third-party administrator.
7. The commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.
Sec. 140. 1. This section, section 27, subsection 1 of section 127, and sections 128 and 129 of this act become effective upon passage and approval.
2. Subsection 1 of section 132 of this act becomes effective on June 1, 1999.
3. Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5, 116, 122, 126.3, 127.5 , 130 and 135 of this act become effective on July 1, 1999.
[3.] 4. Section 86.4 of this act becomes effective on July 1, 1999, only if Assembly Bill No. 660 of this session is enacted by the legislature.
[4.] 5. Sections 20.5, 35, 89, 117 and 139.4 of this act become effective at 12:01 a.m. on July 1, 1999.
[5.] 6. Sections 20, 24, 25, 26 and 96 and [subsection 1 of section 132] of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act.
κ1999 Statutes of Nevada, Page 3152 (CHAPTER 582, SB 133)κ
[6.] 7. Sections 29 and 126.5 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation before October 1, 1999.
[7.] 8. Section 29.5 of this act becomes effective:
(a) At 12:01 a.m. on October 1, 1999, only if the governor issues a proclamation pursuant to subsection 1 of section 129 of this act on October 1, 1999; or
(b) On the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation after October 1, 1999.
[8.] 9. Sections 49.5, 52.5, 53.5, 57.2, 57.4, 62.1 to 62.5, inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become effective on January 1, 2000.
[9.] 10. Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22, 23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to 57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive, 81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to 115, inclusive, 118 to 121, inclusive, 123 to 126, inclusive, subsection 2 of section 127, [130,] 131, subsection 2 of section 132, 133, 134, 136 to 139, inclusive, and 141 of this act become effective on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.
[10.] 11. Section 63 of this act becomes effective at 12:01 a.m. on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.
[11.] 12. Sections 20, 96, 116 and 122 of this act expire by limitation on January 1, 2000, if the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.
[12.] 13. Section 8 of this act expires by limitation on June 30, 2003.
[13.] 14. Section 100 of this act expires by limitation on May 1, 2013.
Sec. 27. 1. This section and section 26.5 of this act become effective upon passage and approval.
2. Sections 1 to 10, inclusive, and 12 to 26, inclusive, of this act become effective on October 1, 1999.
3. Section 10 of this act expires by limitation on September 30, 2001.
4. Section 11 of this act becomes effective on October 1, 2001.
________
κ1999 Statutes of Nevada, Page 3153κ
Senate Bill No. 104Committee on Human Resources and Facilities
CHAPTER 583
AN ACT relating to education; revising provisions regarding the council to establish academic standards for public schools; delaying the prospective dates by which certain achievement and proficiency examinations used to measure the achievement of pupils in the standards of content and performance adopted by the state board of education must be administered in the public schools; prescribing the dates for the administration of a high school proficiency examination that measures the achievement of pupils in the standards of content and performance; 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. Section 45 of chapter 473, Statutes of Nevada 1997, at page 1780, is hereby amended to read as follows:
Sec. 45. 1. The council to establish academic standards for public schools, created pursuant to section 43 of this act, shall establish and submit to the state board of education:
(a) On or before September 1, 1998, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) English, including reading, composition and writing.
(2) Mathematics.
(3) Science.
(b) On or before [September 1, 1999,] January 15, 2000, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) Social studies.
(2) Computer education.
(3) Health and physical education.
(4) The arts.
2. The council shall submit written recommendations to the state board of education:
(a) On or before November 1, 1998, on the type of examinations of achievement and proficiency to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1. The recommendations must include the grades in which the examinations should be administered.
(b) On or before [November 1, 1999,] January 15, 2000, on the type of examinations of achievement and proficiency in social studies to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to subparagraph (1) of paragraph
κ1999 Statutes of Nevada, Page 3154 (CHAPTER 583, SB 104)κ
established by the council pursuant to subparagraph (1) of paragraph (b) of subsection 1. The recommendations must include the grades in which the examinations should be administered.
3. In developing the standards and examinations pursuant to subsections 1 and 2, the council shall:
(a) Hold at least eight meetings. The meetings must be held in at least four different counties during the period commencing August 1, 1997, and expiring [July 31, 1999.] June 30, 2001. At least four of these meetings must be held to hear public testimony concerning the proposed standards of content and performance and the examinations of achievement and proficiency.
(b) Consult with licensed educational personnel in the various school districts and with other persons who have knowledge and experience concerning standards of content and performance or examinations of achievement and proficiency in education.
(c) Review and consider any standards of content and performance and any examinations of achievement and proficiency:
(1) Adopted by this state;
(2) Adopted by the Commonwealth of Virginia or any other states;
(3) Adopted by the Federal Government; or
(4) Advocated in publications of entities, including, but not limited to, the Standards Primer: A Resource for Accelerating the Pace of Reform, published in 1996 by the Education Leaders Council.
4. The state board of education shall adopt:
(a) On or before January 1, 1999, the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1, to take effect in the 1999-2000 school year.
(b) Examinations of achievement and proficiency to be administered statewide [,] in selected grades, kindergarten through eighth, commencing in the [1999-2000] 2000-2001 school year, to measure the achievement of pupils in the standards of content and performance adopted by the state board of education pursuant to paragraph (a). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.
(c) On or before [January 1,] February 28, 2000, the standards of content and performance established by the council pursuant to paragraph (b) of subsection 1, to take effect in the 2000-2001 school year.
(d) Examinations of achievement and proficiency in social studies to be administered statewide [,] in selected grades, kindergarten through eighth, commencing in the [2000-2001] 2001-2002 school year, to measure the achievement of pupils in social studies in the standards of content and performance adopted by the state board pursuant to paragraph (c).
κ1999 Statutes of Nevada, Page 3155 (CHAPTER 583, SB 104)κ
standards of content and performance adopted by the state board pursuant to paragraph (c). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.
5. Commencing in the 2001-2002 school year, the high school proficiency examination that, pursuant to subsection 6 of NRS 389.015, pupils must pass to receive a standard high school diploma must measure the performance of pupils on the standards of content and performance adopted by the state board of education pursuant to paragraph (a) of subsection 4. The high school proficiency examination that measures the performance of pupils on those standards must first be administered to pupils enrolled in grade 11 in the 2001-2002 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the 2002-2003 school year. Pupils who graduate from high school in the 2001-2002 school year are not required to pass the examination that measures the performance of pupils on the standards adopted pursuant to paragraph (a) of subsection 4, but must pass the examination that is administered to pupils in the immediately preceding school year.
6. The state board of education shall:
(a) On or before February 1, 1999, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.
(b) On or before February 1, 2001, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.
[6.] 7. In addition to the duties prescribed in subsections 1 and 2, the council shall:
(a) As soon as practicable, but not later than April 1, 1999:
(1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (a) of subsection 4.
(2) Submit to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraph (a) of subsection 1.
(b) As soon as practicable, but not later than April 1, 2001:
κ1999 Statutes of Nevada, Page 3156 (CHAPTER 583, SB 104)κ
(1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (c) of subsection 4.
(2) Submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraphs (a) or (b) of subsection 1.
[7.] 8. The council shall, on or before June 30, 1999, and on or before June 30, 2001, report to the legislative committee on education, created pursuant to section 37 of this act, regarding the standards and examinations that have been adopted by the state board of education pursuant to subsection 4.
[8.] 9. The council shall, on or before June 30, 2001, coordinate its duties pursuant to this section with the legislative bureau of educational accountability and program evaluation, created pursuant to section 41 of this act, to enable the bureau to continue the duties of the council of evaluating and reporting after June 30, 2001.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 703Committee on Ways and Means
CHAPTER 584
AN ACT relating to state financial administration; making appropriations for various projects and programs that benefit the residents of this state; 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 City of Las Vegas the sum of $150,000 for grants to support athletic programs for children after the regularly scheduled school day and on weekends.
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 White Pine County the sum of $110,000 for expenses related to the trial of Thomas Coleman.
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 3157 (CHAPTER 584, AB 703)κ
Sec. 3. 1. There is hereby appropriated from the state general fund to Boulder City the sum of $250,000 to assist in the design, construction and installation of exhibits at the Boulder City Museum.
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 Interim Finance Committee the sum of $100,000 for the operational costs of the Commission on Racial and Economic Bias within the Judicial System.
2. The Commission on Racial and Economic Bias within the Judicial System shall submit a request to the Interim Finance Committee to receive funding from the money appropriated by subsection 1. The request must include a proposed budget for the expenditure of the money requested. The Interim Finance Committee need not approve the entire funding upon the Commissions request. Information describing the manner in which any previously allocated money was expended must be provided by the Commission with any subsequent request for funding.
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. 5. 1. There is hereby appropriated from the state general fund to the State Department of Agriculture the sum of $40,000 for research on White Rot.
2. The State Department of Agriculture may only expend an amount of the money appropriated by subsection 1 equal to the amount for which matching money is provided from the Garlic and Onion Research and Promotion Account created by NRS 561.423 or donations, or a combination of both.
3. Any remaining balance of the sum appropriated 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. 6. 1. There is hereby appropriated from the state general fund to the State Department of Agriculture the sum of $80,000 for the development of a statewide data base and economic analysis relating to grazing trends on public lands and their effect on private business, rural economies, and county and state governments.
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.
3. The Director of the State Department of Agriculture shall use the money appropriated by subsection 1 to develop a statewide data base and economic analysis relating to grazing trends on public lands. The data base and analysis must be completed on or before the first day of the 71st legislative session.
4. The data base must include:
κ1999 Statutes of Nevada, Page 3158 (CHAPTER 584, AB 703)κ
(a) An inventory of all federally administered land in Nevada summarizing and verifying past and present grazing authorizations issued by the Federal Government. To the extent practical, this inventory must incorporate existing information that is verified in terms of its accuracy and compiled in a usable format.
(b) Individual grazing allotments from federal records, arranged into a data base that is based on geographic areas and including all geographical information associated with the grazing allotments. All compiled and verified records of individual grazing allotments must be subjected to an economic input and output model that has been regionally calibrated and verified by the Applied Economics and Statistics Department of the University of Nevada, Reno.
5. The economic analysis must include a determination of the annual economic effect on the livestock industry, business sectors and governmental revenues and the economic effect on the income and property values of ranchers.
6. The summarized results of this study must be compiled into a written report on or before January 1, 2001. Two hundred copies of the report must be produced. Copies must be delivered to the Governor, Nevada Legislature, Nevada Congressional Delegation, Nevada Association of Counties, Nevada Cattlemens Association, Nevada Farm Bureau and other appropriate state and federal agencies.
7. The Director is authorized to hire a qualified contractor to complete the written report within the limits of the appropriation made by subsection 1.
Sec. 7. 1. There is hereby appropriated from the state general fund to the City of Las Vegas the sum of $300,000 for continued support of the child care training program currently operated by the City of 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. 8. 1. There is hereby appropriated from the state general fund to Lyon County the sum of $25,000 for the expansion of the Lyon County Museum and the restoration of the Thompson School House.
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 University and Community College System of Nevada the sum of $100,000 for the Southern Nevada Writing Project and the Northern Nevada Writing Project.
2. The money appropriated by subsection 1 must be allocated equally between the Southern Nevada Writing Project and the Northern Nevada Writing Project for deposit in separate accounts for each project.
3. Disbursements from these accounts to pay the expenses of the projects must be made by the Board of Regents of the University and Community College System of Nevada upon the request of the administrator of the respective project.
κ1999 Statutes of Nevada, Page 3159 (CHAPTER 584, AB 703)κ
4. 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 State Arts Council of the Department of Museums, Library and Arts the sum of $150,000 for the support of the Grants Program, the Arts in Education Program and the Folk Arts 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.
Sec. 11. 1. There is hereby appropriated from the state general fund to Churchill County the sum of $85,000 for the expenses related to the operation of a veterans field service office in Churchill County.
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 the Department of Education the sum of $50,000 for the award of grants to schools for training and for the establishment of programs for peer mediation and conflict resolution and the expansion of existing programs for peer mediation and conflict resolution.
2. The Department of Education shall use the money appropriated by subsection 1 to award grants to schools for the establishment of programs for peer mediation and conflict resolution and the expansion of existing programs for peer mediation and conflict resolution. The Department shall give priority either to schools which do not have an existing program or to those schools that have a high incidence of:
(a) Violence between pupils;
(b) Violence directed against teachers or other members of the staff;
(c) Violence involving weapons; or
(d) Any combination of paragraph (a), (b) or (c).
3. Each grant awarded pursuant to subsection 2 must not exceed $2,500. The grants must not be used for the administrative salaries of school administrators.
4. Participating schools may submit an application for a grant to the Department of Education and each grant must be awarded on a competitive basis according to the criteria set forth in subsection 2.
5. 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. 13. 1. There is hereby appropriated from the state general fund to Clark County for disbursement to Nevada Partners the sum of $250,000 for the support of programs that help prepare unemployed and under-employed persons to enter the work force and make significant contributions in southern Nevada.
κ1999 Statutes of Nevada, Page 3160 (CHAPTER 584, AB 703)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. 14. 1. There is hereby appropriated from the state general fund to the City of Las Vegas the sum of $2,800,000 for disbursement to the Community Development Program Center of Nevada for the revitalization of the Herbert Gerson Park into a mixed-use, mixed-income development. The City of Las Vegas shall disburse the money appropriated by this subsection within 30 days after receipt from the state.
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. 15. 1. There is hereby appropriated from the state general fund to Clark County the sum of $200,000 for the establishment of a pilot program to provide guardians ad litem for children who are abused or neglected.
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 Office of the Attorney General the sum of $50,000 for disbursement to the Nevada Network for Domestic Violence to provide statewide training of welfare intake workers to identify victims of domestic violence, refer them to appropriate services and follow up as necessary.
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. 17. 1. There is hereby appropriated from the state general fund to the City of Sparks the sum of $100,000 for the remodeling and renovation of the Sparks Heritage Museum.
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. 18. 1. There is hereby appropriated from the state general fund to Clark County the sum of $200,000 for distribution to the nonprofit organization Greater Las Vegas Inner-City Games for the continuation of sports, educational and cultural activities in the Greater Las Vegas area.
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 the Office of the Governor the sum of $200,000 for use by the Nevada Commission for National and Community Service to pay a portion of the costs to provide AmeriCorps programs in Nevada.
κ1999 Statutes of Nevada, Page 3161 (CHAPTER 584, AB 703)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. 20. 1. There is hereby appropriated from the state general fund to the City of Las Vegas the sum of $500,000 for funding of the activities of the California-Nevada Super Speed Ground Transportation Commission.
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. 21. 1. There is hereby appropriated from the state general fund to Clark County for distribution to the Enterprise Community Federal Credit Union the sum of $100,000 for the funding of small business loans and for additional operating expenses related to the expansion of the services provided by the credit union.
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 Fernley Town Board the sum of $40,000 for restoration of the Fernley Train Depot.
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. 23. 1. There is hereby appropriated from the state general fund to the City of Henderson the sum of $500,000 for disbursement to Opportunity Village to assist in the construction of a new facility.
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. 24. 1. There is hereby appropriated from the state general fund to Humboldt County the sum of $350,000 for certain improvements to the Juvenile Detention Center of the Sixth Judicial District.
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. 25. 1. There is hereby appropriated from the state general fund to the City of Las Vegas for distribution to the nonprofit corporation designated The Shade Tree the sum of $200,000 for the construction of a facility to provide emergency shelter for women and children.
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 3162 (CHAPTER 584, AB 703)κ
Sec. 26. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $50,000 for the production of the Nevada History CD-ROM Project.
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. 27. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $100,000 for disbursement to the Las Vegas Performing Arts Center to assist in the construction of a performing arts center.
2. Any remaining balance of the appropriation made by subsection 1 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. 28. 1. There is hereby appropriated from the state general fund to Clark County the sum of $100,000 for disbursement to the Old Logandale School Historical and Cultural Society for the restoration of the historic Logandale Elementary School.
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 legislative fund the sum of $10,000 for expenditure by the Close Up Foundation of Nevada, an organization that helps high school pupils attend the Nevada Legislature during the legislative session.
2. Allocations from the appropriation made by subsection 1 must be approved by the Legislative Commission upon its acceptance of a proposal for the expenditure of money appropriated by subsection 1 by the Close Up Foundation.
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. 30. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $25,000 for disbursement to the Las Vegas Art Museum for the procurement of new exhibits and enhancement of the permanent collection.
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. 31. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $10,000 for disbursement to the Charleston Heights Art Center for student participation in after-school programs of drama and art.
κ1999 Statutes of Nevada, Page 3163 (CHAPTER 584, AB 703)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. 32. 1. There is hereby appropriated from the state general fund to the City of Yerington the sum of $50,000 for disbursement to the Mason Valley Boys and Girls Club to assist in the construction of a facility and to provide operating expenses for the facility.
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. 33. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $50,000 for disbursement to the Las Vegas Lied Discovery Childrens Museum for the procurement of new exhibits and enhancement of the permanent collection.
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. 34. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $50,000 for disbursement to the Las Vegas Natural History Museum for the procurement of new exhibits and enhancement of the permanent collection.
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. 35. 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $100,000 for disbursement to the Carson City Childrens Museum for the procurement of new exhibits and enhancement of the permanent collection.
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. 36. 1. There is hereby appropriated from the state general fund to the Division of State Parks the sum of $19,500 for the purchase of a patrol boat for use at the Lake Tahoe State Park at Sand Harbor.
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. 37. 1. There is hereby appropriated from the state general fund to the Division of State Library and Archives the sum of $1,000,000 to provide grants to public libraries as provided in NRS 378.087.
κ1999 Statutes of Nevada, Page 3164 (CHAPTER 584, AB 703)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. 38. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 702Committee on Ways and Means
CHAPTER 585
AN ACT relating to the legislature; revising the provisions relating to the compensation and titles of certain legislative employees; 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 218.230 is hereby amended to read as follows:
218.230 1. There must be paid to the several employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
[Assistant director of bill services....................................................................... $74]
Assistant secretary..................................................................................... [109] $111
[Assistant sergeant at arms..................................................................................... 82
Bill clerk...................................................................................................................... 60
Committee manager.............................................................................................. 101
Committee secretary................................................................................................ 88
Deputy sergeant at arms.......................................................................................... 88
Director of bill services............................................................................................. 80
Director of clerical services................................................................................... 103
Executive assistant................................................................................................. 101
Finance secretary..................................................................................................... 99]
Front desk assistant..................................................................................... [101] 103
History clerk.................................................................................................. [101] 103
Journal clerk.................................................................................................. [101] 103
Media clerk................................................................................................... [101] 103
Recording clerk............................................................................................. [101] 103
Sergeant at arms.................................................................................................... 105
Deputy sergeant at arms......................................................................................... 90
Assistant sergeant at arms...................................................................................... 84
Clerical services administrator........................................................................... 105
Executive assistant................................................................................................ 103
Executive secretary.................................................................................................. 98
Leadership receptionist.......................................................................................... 90
Senior secretary........................................................................................................ 90
κ1999 Statutes of Nevada, Page 3165 (CHAPTER 585, AB 702)κ
Secretary.......................................................................................................... [80] $82
Senior committee manager.................................................................................. 103
Committee manager................................................................................................ 98
Committee minutes coordinator........................................................................... 98
Finance committee secretary.............................................................................. 101
Senior committee secretary............................................................................ [96] 98
[Senior page............................................................................................................... 75
Sergeant at arms..................................................................................................... 103
Typist 68]
Committee secretary................................................................................................ 90
Word processing clerk............................................................................................ 69
Copy room coordinator.......................................................................................... 82
Senior proofreader................................................................................................... 98
Proofreader............................................................................................................... 90
Bill services administrator..................................................................................... 82
Assistant bill services administrator.................................................................... 75
Bill services clerk..................................................................................................... 61
Assembly
Assistant chief clerk................................................................................ [$109] $111
Document clerk...................................................................................................... 103
History clerk........................................................................................................... 103
Journal clerk.......................................................................................................... 103
Media clerk............................................................................................................. 103
Recording clerk...................................................................................................... 103
Sergeant at arms.................................................................................................... 105
Deputy sergeant at arms......................................................................................... 90
Assistant sergeant at arms.............................................................................. [82] 84
Senior page................................................................................................................ 77
Page 61
Supervisor of bill services....................................................................................... 82
Assistant supervisor of bill [clerks] services................................................. [74] 75
Bill services clerk.............................................................................................. [60] 61
[Committee] Supervisor of clerical services..................................................... 105
Executive assistant................................................................................................ 103
Senior committee manager........................................................................ [101] 103
Committee manager................................................................................................ 98
Ways and means committee secretary............................................................... 101
Senior committee secretary.................................................................................... 98
Committee secretary........................................................................................ [88] 90
[Deputy sergeant at arms........................................................................................ 88
Document clerk....................................................................................................... 101
Executive assistant................................................................................................. 101
History clerk............................................................................................................ 101
Journal clerk............................................................................................................ 101
Media clerk.............................................................................................................. 101
Page 60
Recording clerk....................................................................................................... 101
κ1999 Statutes of Nevada, Page 3166 (CHAPTER 585, AB 702)κ
Secretary.................................................................................................................. $80
Senior committee secretary..................................................................................... 96
Senior page................................................................................................................. 75
Sergeant at arms..................................................................................................... 103
Supervisor of bill clerks............................................................................................ 80
Supervisor of secretarial staff.............................................................................. 103
Typist 68
Ways and means secretary.................................................................................... 99]
Executive secretary.................................................................................................. 98
Senior secretary........................................................................................................ 90
Secretary.................................................................................................................... 82
Word processing clerk............................................................................................ 69
Copy room coordinator.......................................................................................... 82
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.
________
Assembly Bill No. 701Committee on Ways and Means
CHAPTER 586
AN ACT relating to public employees; making appropriations from the state general fund and the state highway fund to the State Board of Examiners for increases in the salaries of certain employees of the State of Nevada; 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. Except as otherwise provided in this act, to effect increases in salaries of approximately 2 percent, there is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal period beginning July 1, 2000, and ending June 30, 2001, the sum of $6,812,012 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 70th session of the legislature and the requirements for salaries of the classified and unclassified personnel of those departments, commissions and agencies, including the judicial branch, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2000.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified and unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.
κ1999 Statutes of Nevada, Page 3167 (CHAPTER 586, AB 701)κ
appropriated or available equals the amount of money required to pay the salaries of the classified and unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. To effect increases in salaries of approximately 2 percent, there is hereby appropriated from the state highway fund to the State Board of Examiners for the fiscal period beginning July 1, 2000, and ending June 30, 2001, the sum of $681,914 for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles and Public Safety, the Transportation Services Authority and the Attorney Generals Office as fixed by the 70th session of the legislature and the requirements for salaries of classified and unclassified personnel of the Department of Motor Vehicles and Public Safety, the Transportation Services Authority and the Attorney Generals Office necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 2000.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles and Public Safety, the Transportation Services Authority and the Attorney Generals Office out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified and unclassified employees of the Department of Motor Vehicles and Public Safety, the Transportation Services Authority and the Attorney Generals Office under the adjusted pay plan.
Sec. 3. 1. To effect increases in salaries of approximately 2 percent, there is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal period beginning July 1, 2000, and ending June 30, 2001, the sum of $1,434,488 for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 70th session of the legislature and the requirements for salaries of the classified personnel of the University and Community College System of Nevada necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 2000.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the University and Community College System of Nevada out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University and Community College System of Nevada under the adjusted pay plan.
Sec. 4. To effect increases in salaries of approximately 2 percent, there is hereby appropriated from the state general fund to the legislative fund for the fiscal year beginning July 1, 2000, and ending June 30, 2001, the sum of $260,575 for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 70th session of the legislature and the requirements for salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 2000.
κ1999 Statutes of Nevada, Page 3168 (CHAPTER 586, AB 701)κ
Legislative Counsel Bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 2000.
Sec. 5. The State Board of Examiners shall allocate from the amounts appropriated by section 1 of this act to the Tahoe Regional Planning Agency to provide for Nevadas share of a salary increase, the same percentage granted to classified employees of the State of Nevada which take effect on July 1, 2000. The amounts transferred must not be utilized to increase an employees base salary unless the State of California provides the required 2 for 1 matching money. Any amounts provided to the Tahoe Regional Planning Agency should California not provide matching money must be utilized as a one-time salary bonus.
Sec. 6. The approximate maximum salaries for the state officers and employees in the unclassified service of the state as provided in Senate Bill No. 554 of this session must be increased by 2 percent on July 1, 2000.
Sec. 7. Any balance of the money appropriated by sections 1, 2 and 3 of this act must not be committed for expenditure after June 30, 2001, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 8. This act becomes effective on July 1, 2000.
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Assembly Bill No. 694Committee on Natural Resources, Agriculture, and Mining
CHAPTER 587
AN ACT relating to dairy products; authorizing the state dairy commission and the state sealer of weights and measures to approve, jointly, the size of containers used to package fluid dairy products for retail sale; requiring certain containers used for the sale of such products to be marked with their capacity in fluid ounces and a comparison of that quantity with certain units of measure; 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 581.320 is hereby amended to read as follows:
581.320 1. All fluid dairy products [, including cream and buttermilk, shall] must be packaged for retail sale [only in units] in:
(a) Units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon [. Containers] ; or
(b) Such other amounts as are approved, jointly, by the state dairy commission and the state sealer of weights and measures.
2. Each container used for the sale of such products [shall be marked upon the side of each container] must:
(a) Be marked with its capacity [. The] ;
κ1999 Statutes of Nevada, Page 3169 (CHAPTER 587, AB 694)κ
(b) Be marked with the name, initial or trade-mark of the manufacturer [shall be marked upon the side or bottom.
2.] ;
(c) Be marked with such other information as required by the state dairy commission and the state sealer of weights and measures; and
(d) If the fluid dairy product is packaged for retail sale in an amount other than a unit of measure listed in paragraph (a) of subsection 1, be marked with its capacity in fluid ounces and a comparison of that quantity with the unit of measure that is closest in volume in sufficient size and prominence to inform the public of the difference in volume.
3. This section does not apply to eating establishments serving milk in glasses with meals.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 689Committee on Judiciary
CHAPTER 588
AN ACT relating to water; amending Assembly Bill No. 284 of the 1999 Legislative Session to make the provisions of the bill applicable to water authorities; requiring an advisory question concerning the fluoridation of water to be placed on the general election ballot in a county whose population is 400,000 or more; 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. Sections 3, 4 and 5 of Assembly Bill No. 284 of this session are hereby amended to read as follows:
Sec. 3. 1. The state board of health shall adopt regulations requiring the fluoridation of all water delivered for human consumption in a county whose population is 400,000 or more by a:
(a) Public water system that serves a population of 100,000 or more; or
(b) Water authority.
2. The regulations must include, without limitation:
(a) The minimum and maximum permissible concentrations of fluoride to be maintained by such a public water system or a water authority, except that:
(1) The minimum permissible concentration of fluoride must not be less than 0.7 parts per million; and
(2) The maximum permissible concentration of fluoride must not exceed 1.2 parts per million;
(b) The requirements and procedures for maintaining proper concentrations of fluoride, including any necessary equipment, testing, recordkeeping and reporting;
κ1999 Statutes of Nevada, Page 3170 (CHAPTER 588, AB 689)κ
(c) Requirements for the addition of fluoride to the water if the natural concentration of fluorides is lower than the minimum permissible concentration established pursuant to paragraph (a); and
(d) Criteria pursuant to which the state board of health may exempt a public water system or water authority from the requirement of fluoridation upon the request of the public water system or water authority.
3. The state board of health shall not require the fluoridation of:
(a) The wells of a public water system or water authority if:
(1) The ground water production of the public water system or water authority is less than 15 percent of the total average annual water production of the system or authority for the years in which drought conditions are not prevalent; and
(2) The wells are part of a combined regional and local system for the distribution of water that is served by a fluoridated source.
(b) A public water system or water authority:
(1) During an emergency or period of routine maintenance, if the wells of the system or authority are exempt from fluoridation pursuant to paragraph (a) and the supplier of water determines that it is necessary to change the production of the system or authority from surface water to ground water because of an emergency or for purposes of routine maintenance; or
(2) If the natural water supply of the system or authority contains fluoride in a concentration that is at least equal to the minimum permissible concentration established pursuant to paragraph (a) of subsection 2. 4. The state board of health may make an exception to the minimum permissible concentration of fluoride to be maintained in a public water system or water authority based on:
(a) The climate of the regulated area;
(b) The amount of processed water purchased by the residents of the regulated area; and
(c) Any other factor that influences the amount of public water that is consumed by the residents of the regulated area.
5. The health division of the department of human resources shall make reasonable efforts to secure any available sources of financial support, including, without limitation, grants from the Federal Government, for the enforcement of the standards established pursuant to this section and any related capital improvements.
6. A public water system or water authority may submit to the health division a claim for payment of the initial costs of the public water system or water authority to begin complying with the provisions of this section regardless of whether the public water system or water authority is required to comply with those provisions. The administrator of the health division may approve such claims to the extent of legislative appropriations and any other money available for that purpose.
κ1999 Statutes of Nevada, Page 3171 (CHAPTER 588, AB 689)κ
money available for that purpose. Approved claims must be paid as other claims against the state are paid. The ongoing operational expenses of a public water system or water authority in complying with the provisions of this section are not compensable pursuant to this subsection.
7. As used in this section:
(a) Supplier of water has the meaning ascribed to it in NRS 445A.845.
(b) Water authority has the meaning ascribed to it in NRS 377B.040.
Sec. 4. NRS 445A.050 is hereby amended to read as follows:
445A.050 The provisions of NRS 445A.025 to [445A.045,] 445A.050, inclusive, do not apply [:
1. To purveyors] to:
1. A public water system that serves a population of 100,000 or more in a county whose population is 400,000 or more.
2. A water authority, as defined pursuant to NRS 377B.040, and any political subdivision that receives all or a part of its water supply from such a water authority in a county whose population is 400,000 or more.
3. Purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
[2. To any]
4. A supplier of water who supplies water to less than 500 users.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Section 3 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 1999, for all other purposes.
3. Sections 1, 2, 4 and 4.5 of this act become effective on October 1, 1999.
4. This act expires by limitation on January 1, 2001, if a majority of the voters voting on the question placed on the ballot pursuant to section 4.5 of this act vote affirmatively in all counties in which the measure was placed on the ballot.
Sec. 2. Assembly Bill No. 284 of this session is hereby amended by adding thereto a new section designated sec. 4.5, following sec. 4, to read as follows:
Sec. 4.5. At the general election on November 7, 2000, in each county whose population is 400,000 or more, an advisory question must be placed on the general election ballot in substantially the following form:
Should the water authority and each public water system in this county that serve a population of 100,000 persons or more cease the fluoridation of the water?
Sec. 3. This act becomes effective upon passage and approval.
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κ1999 Statutes of Nevada, Page 3172κ
Assembly Bill No. 669Committee on Taxation
CHAPTER 589
AN ACT relating to gaming; revising the provisions governing the imposition of the casino entertainment tax on certain service charges; prohibiting certain persons from entering into contracts or agreements with a licensee; authorizing a rehearing on a claim for a refund of gaming license fees or 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:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who has:
(a) Been denied a license by the commission;
(b) Been found unsuitable by the commission; or
(c) Had a license or finding of suitability revoked by the commission,
shall not enter or attempt to enter into any contract or agreement with a licensee, either directly or indirectly, through any business organization under such a persons control, that involves the operations of a licensee without the prior approval of the commission. This provision does not prohibit any person from purchasing any goods or services for personal use from a licensee at retail prices that are available to the general public.
2. Every contract or agreement with a person that is subject to the provisions of subsection 1 shall be deemed to include a provision for its termination without liability on the part of the licensee. Failure to expressly include that condition in the contract or agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
3. Any person, contract or agreement subject to the provisions of subsection 1 is subject to being enjoined pursuant to and in accordance with the provisions of NRS 463.346.
Sec. 2. NRS 463.165 is hereby amended to read as follows:
463.165 1. Except for persons associated with licensed corporations, limited partnerships or limited-liability companies and required to be licensed pursuant to NRS 463.530, 463.569 or 463.5735, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise a significant influence over the licensees operation of a gaming establishment may be required to apply for a license.
2. A person required to be licensed pursuant to subsection 1 shall apply for a license within 30 days after the commission requests that he do so.
3. If an employee required to be licensed under subsection 1:
(a) Does not apply for a license within 30 days after being requested to do so by the commission, and the commission makes a finding of unsuitability for that reason;
(b) Is denied a license; or
κ1999 Statutes of Nevada, Page 3173 (CHAPTER 589, AB 669)κ
(c) Has his license revoked by the commission,
the licensee by whom he is employed shall terminate his employment in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail of that action.
4. A gaming licensee or an affiliate of the licensee shall not pay to a person whose employment has been terminated pursuant to subsection 3 any remuneration for any service performed in any capacity in which he is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or [registered holding company] affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
5. A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the commission, enter into any contract or agreement with a person who is found unsuitable or who is denied a license or whose license is revoked by the commission , and whose name has been placed on the list maintained pursuant to subsection 8, or with any business enterprise that the licensee knows or under the circumstances reasonably should know is under the control of that person after the date of receipt of notice of the action by the commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or [registered holding company] affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
6. A gaming licensee or an affiliate of the licensee shall not , without the prior approval of the commission, employ any person in a capacity for which he is required to be licensed, if he has been found unsuitable or denied a license, or whose license has been revoked by the commission, and whose name has been placed on the list maintained pursuant to subsection 8, after the date of receipt of notice of the action by the commission . [, without prior approval of the commission.] Every contract or agreement for employment with a gaming licensee or an affiliate shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure to expressly include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
κ1999 Statutes of Nevada, Page 3174 (CHAPTER 589, AB 669)κ
7. As used in this section, affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a licensee.
8. The board shall maintain and make available to every licensee a complete and current list containing the names of every person the commission has denied a license, who has been found unsuitable or who has had a license or finding of suitability revoked. The list must also contain the names of any business organization under the control of any such person known to the board.
Sec. 3. NRS 463.167 is hereby amended to read as follows:
463.167 1. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require the arrangement to be terminated.
2. If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with the licensee, the commission may, upon recommendation of the board, require the application of any person for a determination of suitability to be associated with a gaming enterprise if the person:
(a) Does business on the premises of the licensed gaming establishment;
(b) Is an independent agent or does business with a licensed gaming establishment as a ticket purveyor, a tour operator, the operator of a bus program, or as the operator of any other type of casino travel program or promotion; or
(c) Provides any goods or services to the licensed gaming establishment for a compensation which the board finds to be grossly disproportionate to the value of the goods or services.
3. If the commission determines that the person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of subsection 2, is subject to termination upon a finding of unsuitability of the person associated therewith. Every such agreement must be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.
κ1999 Statutes of Nevada, Page 3175 (CHAPTER 589, AB 669)κ
4. The name of any person determined to be unsuitable pursuant to this section must be included on the list required pursuant to subsection 8 of NRS 463.165.
Sec. 4. NRS 463.387 is hereby amended to read as follows:
463.387 1. State gaming license fees or taxes paid in excess of the amount required to be reported and paid may be refunded, upon the approval of the commission, as other claims against the state are paid.
2. Within 90 days after the mailing of the notice of the commissions action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
3. Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.
4. Within 20 days after the mailing of the notice of the commissions action upon a claim for refund filed pursuant to this chapter, the claimant may file a motion for rehearing with the commission. The commission must take action on the motion for rehearing within 50 days after it has been filed with the commission. If the motion for rehearing is granted, the commissions earlier action upon the claim for refund is rescinded and the 90-day period specified in subsection 2 does not begin until the commission mails notice of its action upon the claim following the rehearing.
5. If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed [,] or reheard, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
[5.] 6. In any case where a refund is granted, interest must be allowed at the rate prescribed in NRS 17.130 upon the amount found to have been erroneously paid from the first day of the first month following the date of overpayment until paid. The commission may in its discretion deny or limit the payment of interest if it finds that the claimant has failed to file a claim for a refund within 90 days after receiving written notification of overpayment from the board or has impeded the boards ability to process the claim in a timely manner.
[6.] 7. Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, must be filed with the commission within 5 years after the date of overpayment and not thereafter.
[7.] 8. The provisions of this chapter must not be construed to permit the proration of state gaming taxes or license fees for purposes of a refund.
Sec. 5. NRS 463.401 is hereby amended to read as follows:
463.401 1. In addition to any other license fees and taxes imposed by this chapter, a casino entertainment tax equivalent to 10 percent of all amounts paid for admission, food, refreshments and merchandise is hereby levied, except as provided in subsection 2, upon each licensed gaming establishment in this state where music and dancing privileges or any other entertainment is provided to the patrons in a cabaret, nightclub, cocktail lounge or casino showroom in connection with the serving or selling of food or refreshments or the selling of any merchandise.
κ1999 Statutes of Nevada, Page 3176 (CHAPTER 589, AB 669)κ
lounge or casino showroom in connection with the serving or selling of food or refreshments or the selling of any merchandise. Amounts paid for gratuities directly or indirectly remitted to employees of the licensee or for service charges , including those imposed in connection with use of credit cards or debit cards, that are collected and retained by persons other than the licensee are not taxable pursuant to this section.
2. A licensed gaming establishment is not subject to tax pursuant to this section if:
(a) The establishment is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits;
(b) The entertainment is presented in a facility that would not have been subject to taxation pursuant to 26 U.S.C. § 4231(6) as that provision existed in 1965;
(c) The entertainment is presented in a facility that would have been subject to taxation pursuant to 26 U.S.C. § 4231(1), (2), (3), (4) or (5) as those provisions existed in 1965; or
(d) In other cases, if:
(1) No distilled spirits, wine or beer is served or permitted to be consumed;
(2) Only light refreshments are served;
(3) Where space is provided for dancing, no charge is made for dancing; and
(4) Where music is provided or permitted, the music is provided without any charge to the owner, lessee or operator of the establishment or to any concessionaire.
3. The tax imposed by this section does not apply to merchandise sold outside the facility in which the entertainment is presented, unless the purchase of the merchandise entitles the purchaser to admission to the entertainment.
4. The tax imposed by this section must be paid by the licensee of the establishment.
Sec. 6. NRS 463.645 is hereby amended to read as follows:
463.645 1. If any person who is required by or pursuant to this chapter to be licensed or found suitable because of his connection with a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license, or a holding company or intermediary company, including a publicly traded corporation, fails to apply for a license or a finding of suitability after being requested to do so by the commission or is denied a license or a finding of suitability, or if his license or finding of suitability is revoked, and his name has been placed on the list maintained pursuant to subsection 8 of NRS 463.165, the corporation, partnership, limited partnership, limited-liability company, business organization, holding company, intermediary company or any person who directly or indirectly controls, is controlled by or is under common control with the corporation, partnership, limited partnership, limited-liability company, business organization, holding company or intermediary company shall not, after receipt of written notice from the commission:
κ1999 Statutes of Nevada, Page 3177 (CHAPTER 589, AB 669)κ
[1.] (a) Pay him any remuneration for any service relating to the activities of a licensee, except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or the conduct of any activity at a licensed gaming establishment between a former employee whose employment was terminated because of failure to apply for a license or a finding of suitability, denial of a license or finding of suitability, or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the licensee, holding or intermediary company or registered publicly traded corporation is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
[2.] (b) Enter into any contract or agreement with him or with a business organization that the licensee knows or under the circumstances reasonably should know is under his control which involves the operations of a licensee, without the prior approval of the commission.
[3.] (c) Employ him in any position involving the activities of a licensee without prior approval of the commission.
2. The name of any person who has been denied a license, been found unsuitable or had a license or finding of suitability revoked pursuant to subsection 1 must be included on the list required pursuant to subsection 8 of NRS 463.165.
Sec. 7. The amendatory provisions of section 5 of this act do not apply to any taxes paid pursuant to NRS 463.401 before the effective date of this act.
Sec. 8. This act becomes effective upon passage and approval.
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κ1999 Statutes of Nevada, Page 3178κ
Assembly Bill No. 564Assemblymen Thomas, Giunchigliani, Evans, de Braga, Goldwater, Buckley, Chowning, Mortenson, Claborn, McClain, Koivisto, Parnell, Freeman, Bache, Anderson, Collins, Manendo, Ohrenschall, Price, Neighbors, Berman, Lee, Carpenter, Segerblom, Beers, Leslie, Humke and Perkins
CHAPTER 590
AN ACT relating to programs for recycling; broadening the applicability of provisions regarding the availability of programs for recycling; 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 444A.020 is hereby amended to read as follows:
444A.020 1. The state environmental commission shall adopt regulations establishing minimum standards for:
(a) Separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided.
(b) Establishing recycling centers for the collection and disposal of recyclable material.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.
2. The regulations adopted pursuant to subsection 1 must be adopted with the goal of recycling at least 25 percent of the total solid waste generated within a municipality after the second full year following the adoption of such standards.
3. The state environmental commission shall, by regulation, establish acceptable methods for disposing of used or waste tires.
Sec. 2. NRS 444A.030 is hereby amended to read as follows:
444A.030 1. The division of environmental protection of the state department of conservation and natural resources shall, by regulation, adopt a model plan for:
(a) Separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided.
(b) Establishing recycling centers for the collection and disposal of recyclable material in areas where there are no centers.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.
(d) The disposal of infectious waste, hazardous waste which is not regulated pursuant to NRS 459.485 and liquid waste which is not regulated pursuant to NRS 445A.300 to 445A.730, inclusive.
2. The model plans adopted pursuant to subsection 1 must not conflict with the standards adopted by the state environmental commission pursuant to NRS 444A.020.