[Rev. 2/6/2019 4:09:07 PM]
κ2003 Statutes of Nevada, Page 827κ
Assembly Bill No. 25Committee on Health and Human Services
CHAPTER 155
AN ACT relating to children; authorizing an employee of an agency which provides child welfare services to provide maintenance and special services to certain children under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432.030 is hereby amended to read as follows:
432.030 [No]
1. Except as otherwise provided in subsection 2, an employee of an agency which provides child welfare services may , if otherwise qualified, provide maintenance and special services [for any child except as otherwise provided by specific statute or:
1. Upon the request of a child whom the agency which provides child welfare services determines to be emancipated;
2.] to any child other than a child who:
(a) Is included as a client in the caseload of the employee at the time of the provision of the maintenance or special services; or
(b) Has been included as a client in the caseload of the employee within the 3 years immediately preceding the provision of the maintenance or special services.
2. An employee of an agency which provides child welfare services may provide maintenance and special services to any child:
(a) Pursuant to court order or request; or
[3.] (b) Upon referral of appropriate law enforcement officials for emergency care.
Sec. 2. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 828κ
Assembly Bill No. 51Assemblymen Koivisto, Gibbons, McClain, Parks, Anderson, Atkinson, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Leslie, Manendo, McCleary, Ohrenschall, Sherer and Williams
CHAPTER 156
AN ACT relating to public health; prohibiting a person, under certain circumstances, from requesting or requiring the consent or concurrence of any person to carry out an anatomical gift made by the donor; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.523 is hereby amended to read as follows:
451.523 Document of gift means a card, [a statement imprinted on a drivers license or identification card, a will,] statement, will or other writing used to make an anatomical gift.
Sec. 2. NRS 451.555 is hereby amended to read as follows:
451.555 1. Any person may:
(a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;
(b) Limit an anatomical gift to one or more of those purposes; or
(c) Refuse to make an anatomical gift.
2. Except as otherwise provided in this subsection and subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:
(a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
(b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.
3. [If] Except as otherwise provided in subsection 4, if the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.
4. [If] A symbol or other indication that a document of gift [is] has been executed by or on behalf of a donor may be imprinted on [a] the donors drivers license or identification card [,] if the document of gift [must comply] complies with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.
5. A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
κ2003 Statutes of Nevada, Page 829 (CHAPTER 156, AB 51)κ
accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
6. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
7. Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
8. Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
9. A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
10. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.
11. An anatomical gift that is not revoked by the donor before death is irrevocable . [and does not require the consent or concurrence of any person after the donors death.] The intent of a donor to make an anatomical gift, as evidenced by a document of gift, may not be revoked by any member of the classes of persons set forth in subsection 1 of NRS 451.557.
12. An anatomical gift that is not revoked by the donor before death does not require the consent or concurrence of any person after the donors death. A hospital, physician, coroner, local health officer, enucleator, technician or other person who:
(a) Is aware that a symbol or other indication that a document of gift has been executed by or on behalf of a donor is imprinted on the donors drivers license or identification card; or
(b) Acts in accordance with the provisions of NRS 451.500 to 451.590, inclusive, or with any other laws of the State of Nevada relating to anatomical gifts,
shall not request or require the consent or concurrence of any person after the donors death to carry out the anatomical gift.
κ2003 Statutes of Nevada, Page 830 (CHAPTER 156, AB 51)κ
13. A person may refuse to make an anatomical gift of his body or part by:
(a) A writing signed in the same manner as a document of gift;
(b) A statement imprinted on his drivers license or identification card; or
(c) Any other writing used to identify him as refusing to make an anatomical gift.
During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
[13.] 14. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.
[14.] 15. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection [12.] 13.
Sec. 3. NRS 483.340 is hereby amended to read as follows:
483.340 1. The Department shall, upon payment of the required fee, issue to every qualified applicant a drivers license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensees social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.
2. The Department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriffs department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license pursuant to subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.
5. At the time of the issuance or renewal of the drivers license, the Department shall:
κ2003 Statutes of Nevada, Page 831 (CHAPTER 156, AB 51)κ
(a) Give the holder the opportunity to [indicate] have indicated on his drivers license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his body or part of his body;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
6. If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
7. The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have drivers licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
Sec. 4. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. Identification cards must include the following information concerning the holder:
(a) The name and sample signature of the holder.
(b) A unique identification number assigned to the holder that is not based on the holders social security number.
(c) A personal description of the holder.
(d) The date of birth of the holder.
(e) The current address of the holder in this state.
(f ) A colored photograph of the holder.
4. The information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.
5. At the time of the issuance of the identification card, the Department shall:
(a) Give the holder the opportunity to [indicate] have indicated on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his body or part of his body;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
6. If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
κ2003 Statutes of Nevada, Page 832 (CHAPTER 156, AB 51)κ
7. The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
8. As used in this section, photograph has the meaning ascribed to it in NRS 483.125.
________
Assembly Bill No. 35Committee on Elections, Procedures, and Ethics
CHAPTER 157
AN ACT relating to the State Legislature; changing the membership of the Advisory Committee of the Legislative Committee for Local Government Taxes and Finance; revising the duties of the Legislative Committee; eliminating the subcommittee of the Legislative Committee appointed to conduct a study of the cost to the counties and incorporated cities in this state of maintaining highways, streets and roads; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.53881 is hereby amended to read as follows:
218.53881 1. There is hereby established a Legislative Committee for Local Government Taxes and Finance consisting of:
(a) Two members appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Government Affairs during the immediately preceding session of the Legislature;
(b) Two members appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Taxation during the immediately preceding session of the Legislature;
(c) Two members appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Government Affairs during the immediately preceding session of the Legislature; and
(d) Two members appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Taxation during the immediately preceding session of the Legislature.
2. The Committee shall consult with an Advisory Committee consisting of the Executive Director of the Department of Taxation and 10 members who are representative of various geographical areas of the State and are appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:
(a) One member of the Committee on Local Government Finance created pursuant to NRS 354.105 appointed by the Nevada League of Cities;
κ2003 Statutes of Nevada, Page 833 (CHAPTER 157, AB 35)κ
(b) One member of the Committee on Local Government Finance created pursuant to NRS 354.105 appointed by the Nevada Association of Counties;
(c) One member of the Committee on Local Government Finance created pursuant to NRS 354.105 appointed by the Nevada School Trustees Association;
(d) Three members involved in the government of a county appointed by the Nevada Association of Counties;
(e) Three members involved in the government of an incorporated city appointed by the Nevada League of Cities; and
(f) One member who [is a member of] represents a board of trustees for a general improvement district appointed by the Legislative Commission.
The members of the Advisory Committee are nonvoting members of the Committee. When meeting as the Advisory Committee, the members shall comply with the provisions of chapter 241 of NRS.
3. The legislative members of the Committee shall elect a Chairman from one house of the Legislature and a Vice Chairman from the other house. Each Chairman and Vice Chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.
4. Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the Legislature convenes.
5. Vacancies on the Committee must be filled in the same manner as original appointments.
6. The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.
Sec. 2. NRS 218.53883 is hereby amended to read as follows:
218.53883 1. The Committee shall [:
(a) Review] review the laws relating to the distribution of revenue generated by state and local taxes. In conducting the review, the Committee may consider the purposes for which the various state and local taxes were imposed, the actual use of the revenue collected from the various state and local taxes and any relief to the taxpayers from the burden of the various state and local taxes that may result from any possible recommendations of the Committee.
[(b) Study whether removing the authority of the Board of County Commissioners of Washoe County to impose a certain additional governmental services tax is a prudent act which is in the best interests of this state.]
2. In conducting its review of the laws relating to the distribution of revenue generated by state and local taxes, the Committee may review:
(a) The distribution of the revenue from:
(1) The local school support tax imposed by chapter 374 of NRS;
(2) The tax on aviation fuel and motor vehicle fuel imposed by or pursuant to chapter 365 of NRS;
(3) The tax on intoxicating liquor imposed by chapter 369 of NRS;
(4) The tax on fuel imposed pursuant to chapter 373 of NRS;
(5) The tax on tobacco imposed by chapter 370 of NRS;
(6) The governmental services tax imposed by or pursuant to chapter 371 of NRS;
κ2003 Statutes of Nevada, Page 834 (CHAPTER 157, AB 35)κ
(7) The tax imposed on gaming licensees by or pursuant to chapter 463 of NRS;
(8) Property taxes imposed pursuant to chapter 361 of NRS;
(9) The tax on the transfer of real property imposed by or pursuant to chapter 375 of NRS; and
(10) Any other state or local tax.
(b) The proper crediting of gasoline tax revenue if the collection is moved to the terminal rack level.
3. The Committee may:
(a) Conduct investigations and hold hearings in connection with its review and study;
(b) [Contract with one or more consultants to obtain technical advice concerning the study conducted pursuant to NRS 218.53884;
(c)] Apply for any available grants and accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Committee in carrying out its duties pursuant to this chapter;
[(d)] (c) Direct the Legislative Counsel Bureau to assist in its research, investigations, review and study; and
[(e)] (d) Recommend to the Legislature, as a result of its review and study, any appropriate legislation.
Sec. 3. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:
(a) Determine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001;
(b) Determine for each county an amount from the total amount to be allocated using the following formula:
(1) Two-thirds in proportion to population; and
(2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2. Within 10 calendar days after June 1 of each fiscal year, the Department shall:
(a) Project the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.
(b) If the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
κ2003 Statutes of Nevada, Page 835 (CHAPTER 157, AB 35)κ
county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
(c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the Department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3. Of the money allocated to each county pursuant to the provisions of subsections 1 and 2:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4. The amount allocated to the counties and incorporated cities pursuant to subsections 1, 2 and 3 must be remitted monthly. The State Controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
5. The formula computations must be made as of July 1 of each year by the Department, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the Department is conclusive.
6. The Department of Transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
κ2003 Statutes of Nevada, Page 836 (CHAPTER 157, AB 35)κ
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.
7. Each county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
8. If a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection 6, the county or incorporated city may request that the [subcommittee] Advisory Committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the [subcommittee] Advisory Committee not later than October 15.
9. The [subcommittee] Advisory Committee shall review any request it receives pursuant to subsection 8 and report to the Committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate. The Committee shall hold a public hearing and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the Committee pursuant to this subsection is conclusive.
10. The [subcommittee] Advisory Committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities and report regularly to the Committee concerning its findings and recommendations regarding that fiscal impact.
11. As used in this section:
(a) Advisory Committee means the Advisory Committee appointed pursuant to NRS 218.53881.
(b) Committee means the Legislative Committee for Local Government Taxes and Finance established pursuant to NRS 218.53881.
[(b)] (c) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(1) Grades and regrades;
(2) Graveling, oiling, surfacing, macadamizing and paving;
(3) Sweeping, cleaning and sanding roads and removing snow from a road;
(4) Crosswalks and sidewalks;
(5) Culverts, catch basins, drains, sewers and manholes;
(6) Inlets and outlets;
(7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(9) Rights-of-way;
κ2003 Statutes of Nevada, Page 837 (CHAPTER 157, AB 35)κ
(10) Grade and traffic separators;
(11) Fences, cattle guards and other devices to control access to a county or city road;
(12) Signs and devices for the control of traffic; and
(13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
[(c)] (d) Improved road or street means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
[(d) Subcommittee means the subcommittee appointed pursuant to NRS 218.53884.]
Sec. 4. NRS 218.53884 is hereby repealed.
Sec. 5. 1. This act becomes effective on July 1, 2003.
2. Section 3 of this act expires by limitation on June 30, 2005.
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Assembly Bill No. 92Committee on Judiciary
CHAPTER 158
AN ACT relating to secured transactions; revising provisions of the Uniform Commercial Code governing the filing of certain records; revising certain fees related to certain security instruments and liens; authorizing the Secretary of State to prescribe a form for the filing and recording of certain documents; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.9516 is hereby amended to read as follows:
104.9516 1. Except as otherwise provided in subsection 2, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
2. Filing does not occur with respect to a record that a filing office refuses to accept because:
(a) The record is not communicated by a method or medium of communication authorized by the filing office;
(b) An amount equal to or greater than the applicable filing fee is not tendered;
(c) The filing office is unable to index the record because:
(1) In the case of an initial financing statement, the record does not provide a name for the debtor;
(2) In the case of an amendment or correction statement, the record:
(I) Does not identify the initial financing statement as required by NRS 104.9512 or 104.9518, as applicable; or
(II) Identifies an initial financing statement whose effectiveness has lapsed under NRS 104.9515;
κ2003 Statutes of Nevada, Page 838 (CHAPTER 158, AB 92)κ
(3) In the case of an initial financing statement that provides the name of a debtor identified as a natural person or an amendment that provides a name of a debtor identified as a natural person which was not previously provided in the financing statement to which the record relates, the record does not identify the debtors last name; or
(4) In the case of a record filed or recorded in the filing office described in paragraph (a) of subsection 1 of NRS 104.9501, the record does not provide a sufficient description of the real property to which it relates;
(d) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
(e) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
(1) Provide a mailing address for the debtor;
(2) Indicate whether the debtor is a natural person or an organization; or
(3) If the financing statement indicates that the debtor is an organization, provide:
(I) A type of organization for the debtor;
(II) A jurisdiction of organization for the debtor; or
(III) An organizational identification number for the debtor or indicate that the debtor has none;
(f) In the case of an assignment reflected in an initial financing statement under subsection 1 of NRS 104.9514 or an amendment filed under subsection 2 of that section, the record does not provide a name and mailing address for the assignee; or
(g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by subsection 4 of NRS 104.9515.
(h) The record lists a public official of a governmental unit as a debtor and the public official has not authorized the filing of the information in an authenticated record as required pursuant to NRS 104.9509.
3. For purposes of subsection 2:
(a) A record does not provide information if the filing office is unable to read or decipher the information; and
(b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by NRS 104.9512, 104.9514 or 104.9518, is an initial financing statement.
4. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection 2, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
Sec. 2. NRS 104.9521 is hereby amended to read as follows:
104.9521 1. A filing office that accepts written records may not refuse to accept a written initial financing statement [in the following] submitted on a form prescribed and made available by the Secretary of State, except for a reason set forth in subsection 2 of NRS 104.9516 . [:UCC FINANCING STATEMENT
κ2003 Statutes of Nevada, Page 839 (CHAPTER 158, AB 92)κ
UCC FINANCING
STATEMENT
FOLLOW
INSTRUCTIONS (front and back) CAREFULLY
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1. DEBTORS EXACT FULL LEGAL NAME - insert only one debtor name (1a or 1b)
- do not abbreviate or combine names
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2. ADDITIONAL DEBTORS EXACT FULL LEGAL NAME - insert
only one debtor name (2a or 2b) - do not abbreviate or combine names
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3. SECURED PARTYS NAME (or NAME of TOTAL ASSIGNEE of
ASSIGNOR S/P) - insert only one secured party name (3a or 3b)
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NATIONAL UCC FINANCING STATEMENT (FORM UCC1)
(REV. 07/29/98)
κ2003 Statutes of Nevada, Page 840 (CHAPTER 158, AB 92)κ
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NATIONAL UCC FINANCING STATEMENT (FORM
UCC1Ad) (REV. 07/29/98)]
2. A filing office that accepts written records may not refuse to accept a written record [in the following] submitted on a form prescribed and made available by the Secretary of State, except for a reason set forth in subsection 2 of NRS 104.9516 . [:UCC FINANCING STATEMENT AMENDMENT
κ2003 Statutes of Nevada, Page 841 (CHAPTER 158, AB 92)κ
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
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A. NAME & PHONE OF CONTACT AT FILER [optional]
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NATIONAL UCC FINANCING STATEMENT AMENDMENT
(FORM UCC3) (REV. 07/29/98)
κ2003 Statutes of Nevada, Page 842 (CHAPTER 158, AB 92)κ
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NATIONAL UCC FINANCING STATEMENT AMENDMENT
ADDENDUM (FORM UCC3Ad) (REV. 07/29/98)
κ2003 Statutes of Nevada, Page 843 (CHAPTER 158, AB 92)κ
3. A form that a filing office may not refuse to accept under subsection 1 or 2 must conform to the format prescribed for the form by the National Conference of Commissioners on Uniform State Laws.
4. A filing officer may add optional blocks for the address of the secured party or the address of the debtor to any form or record.
Sec. 3. NRS 105.070 is hereby amended to read as follows:
105.070 1. The Secretary of State or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.
2. The Secretary of State or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.
3. The uniform fee for filing and indexing a security instrument, or a supplement or amendment thereto, and a statement of change, merger or consolidation, and for stamping a copy of those documents furnished by the secured party or the public utility [,] to show the date and place of filing is [$15 if the document is in the standard form prescribed by the Secretary of State and otherwise is $20, plus $1 for each additional debtor or trade name.] :
(a) Twenty dollars if the record is communicated in writing and consists of one or two pages;
(b) Forty dollars if the record is communicated in writing and consists of more than two pages, and $1 for each page over 20 pages;
(c) Ten dollars if the record is communicated by another medium authorized by filing-office rule; and
(d) One dollar for each additional debtor, trade name or reference to another name under which business is done.
Sec. 4. NRS 105.080 is hereby amended to read as follows:
105.080 1. Upon the request of any person, the Secretary of State shall issue his certificate showing whether there is on file , on the date and hour stated therein, any presently effective security instrument naming a particular public utility [,] and , if there is, giving the date and hour of filing of the instrument and the names and addresses of each secured party. The uniform fee for such a certificate is [$15 if the request for the certificate is in the standard form prescribed by the Secretary of State and otherwise is $20.] :
(a) Twenty dollars if the request is communicated in writing; and
(b) Fifteen dollars if the request is communicated by another medium authorized by filing-office rule.
2. Upon request , the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.
Sec. 5. NRS 108.831 is hereby amended to read as follows:
108.831 1. If a notice of federal lien, a refiling of a notice of federal lien [,] or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer who is:
(a) The Secretary of State, he shall cause the notice to be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
κ2003 Statutes of Nevada, Page 844 (CHAPTER 158, AB 92)κ
(b) Any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name of the person named in the notice and the date of receipt.
2. If a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the Secretary of State for filing he shall:
(a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates must not be removed from the files; and
(b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
3. If a refiled notice of federal lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refiled notice or the certificate with the date of filing in any alphabetical index of liens.
4. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any active notice of lien or certificate or notice affecting any lien filed under NRS 108.825 to 108.837, inclusive, naming a particular person [,] and , if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The certificate must state that it reveals active liens only. The fee for a certificate is [$15 if the statement is in the standard form prescribed by the Secretary of State and otherwise is $20.] :
(a) Twenty dollars if the request is communicated in writing; and
(b) Fifteen dollars if the request is communicated by another medium authorized by filing-office rule.
5. Upon request , the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for the statutory fee for copies.
Sec. 6. NRS 108.889 is hereby amended to read as follows:
108.889 1. To perfect the lien provided for in NRS 108.887, a producer must, not later than 45 days after the date on which the lien attaches pursuant to NRS 108.888, file a notice of the lien in the Office of the Secretary of State [.] in the manner set forth in NRS 104.9516 and on a form prescribed and made available by the Secretary of State.
2. A notice of lien that is filed pursuant to subsection 1 must be verified by the oath of the producer and must contain:
(a) The name of the producer;
(b) The name of the processor;
(c) A statement of the terms and conditions of the contract between the producer and the processor; and
(d) The total amount owed to the producer by the processor under the terms of the contract, after deducting any applicable credits or offsets.
3. Not later than 24 hours after filing a notice of lien pursuant to this section, a producer shall send a copy of the notice of lien to the processor by certified mail.
κ2003 Statutes of Nevada, Page 845 (CHAPTER 158, AB 92)κ
Sec. 7. NRS 247.110 is hereby amended to read as follows:
247.110 1. When a document authorized by law to be recorded is deposited in the county recorders office for recording, the county recorder shall:
(a) Endorse upon it the time when it was received, noting:
(1) The year, month, day, hour and minute of its reception;
(2) The document number; and
(3) The amount of fees collected for recording the document.
(b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.
(c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception, and the name of the person at whose request it was recorded.
(d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.
2. In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.
3. A county recorder shall not refuse to record a document on the grounds that the document is not legally effective to accomplish the purposes stated therein.
4. A document, except a map, that is submitted for recording must [:] be on a form authorized by NRS 104.9521 for the type of filing or must:
(a) Be on paper that is 8 1/2 inches by 11 inches in size;
(b) Have a margin of 1 inch on the left and right sides and at the bottom of each page; and
(c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.
________
κ2003 Statutes of Nevada, Page 846κ
Assembly Bill No. 95Committee on Judiciary
CHAPTER 159
AN ACT relating to sentencing; making various changes to the provision pertaining to the authority and discretion of the court to suspend a sentence and grant probation in certain cases; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176A.100 is hereby amended to read as follows:
176A.100 1. Except as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty in a district court upon verdict or plea of:
(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time [the crime was committed,] of sentencing, it is established that the person:
(1) Was serving a term of probation [,] or was on parole at the time the crime was committed, whether in this state or elsewhere, for a felony conviction;
(2) Had previously had his probation or parole revoked, whether in this state or elsewhere, for a felony conviction; [or]
(3) Had previously been assigned to a program of treatment and rehabilitation pursuant to NRS 453.580 and failed to successfully complete that program; or
(4) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.
If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
κ2003 Statutes of Nevada, Page 847 (CHAPTER 159, AB 95)κ
2. In determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
3. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the Chief Parole and Probation Officer, if any, in determining whether to grant probation to a person.
4. If the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the Program of Intensive Supervision established pursuant to NRS 176A.440.
5. Except as otherwise provided in this subsection, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer. The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk. If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, the court may grant probation without the report.
6. If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
________
Assembly Bill No. 100Assemblymen Brown, Knecht, Gibbons, Christensen, Andonov, Beers, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Mabey, Marvel, McCleary, Perkins, Sherer and Weber
CHAPTER 160
AN ACT relating to justices courts; increasing the monetary limit of the jurisdiction of justices courts; providing for the establishment of a mandatory short trial program for civil cases in the justices courts; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:
κ2003 Statutes of Nevada, Page 848 (CHAPTER 160, AB 100)κ
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000................................................ $28.00
If the sum claimed exceeds $1,000 but does not exceed $2,500.............. 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500............ 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500............ 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500............ 150.00
If the sum claimed exceeds $7,500 but does not exceed $10,000.......... 175.00
In all other civil actions...................................................................................... 28.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $1,000.................................................. 25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500.............. 45.00
If the sum claimed exceeds $2,500 but does not exceed $5,000.............. 65.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions................................................................................................ 12.00
For every additional defendant, appearing separately................................... 6.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention........................................................ 6.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court........................... 6.00
(g) For filing a notice of appeal, and appeal bonds........................................... 12.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court 12.00
(i) For preparation and transmittal of transcript and papers on appeal......... 12.00
(j) For celebrating a marriage and returning the certificate to the county recorder 50.00
(k) For entering judgment by confession................................................................ 6.00
(l) For preparing any copy of any record, proceeding or paper, for each page. .30
(m) For each certificate of the clerk, under the seal of the court....................... 3.00
(n) For searching records or files in his office, for each year.............................. 1.00
(o) For filing and acting upon each bail or property bond ............................... 40.00
κ2003 Statutes of Nevada, Page 849 (CHAPTER 160, AB 100)κ
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.
4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the State Controller pursuant to subsection 5.
5. The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:
(a) An amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.
(b) One-half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The State Controller shall deposit the money in the fund for the compensation of victims of crime.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$7,500.] $10,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$7,500.] $10,000.
(c) Except as otherwise provided in paragraph (l) in actions for a fine, penalty or forfeiture not exceeding [$7,500,] $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$7,500,] $10,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed [$7,500.] $10,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$7,500.] $10,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed [$7,500] $10,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed [$7,500] $10,000 or when no damages are claimed.
κ2003 Statutes of Nevada, Page 850 (CHAPTER 160, AB 100)κ
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$7,500.] $10,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$7,500.] $10,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$7,500.] $10,000.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.
(n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(o) In small claims actions under the provisions of chapter 73 of NRS.
(p) In actions to contest the validity of liens on mobile homes or manufactured homes.
(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justices court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 3. Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Supreme Court shall adopt rules to provide for the establishment of a mandatory short trial program for civil cases in the justices courts.
2. This section does not apply to the following actions and proceedings:
(a) Actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.
κ2003 Statutes of Nevada, Page 851 (CHAPTER 160, AB 100)κ
(b) Actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.
(c) Any action for the issuance of a temporary or extended order for protection against domestic violence.
(d) An action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(e) Small claims actions under the provisions of chapter 73 of NRS.
(f) Any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
3. As used in this section, short trial means a trial that is conducted in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.
Sec. 4. NRS 38.250 is hereby amended to read as follows:
38.250 1. Except as otherwise provided in NRS 38.310 [:] and section 3 of this act:
(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $40,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a binding short trial, and that method has resulted in a binding disposition of the action. If an action is submitted to an alternative method of resolving disputes pursuant to this paragraph and a binding disposition of the case does not result, the action must be submitted to nonbinding arbitration, but the parties may agree to submit the action to another alternative method of resolving disputes while the nonbinding arbitration is pending or after the nonbinding arbitration has been completed.
(b) A civil action for damages filed in justices court may be submitted to arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference, mediation or a binding short trial, if the parties agree to the submission.
2. An agreement entered into pursuant to this section must be:
(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;
(b) In writing; and
(c) Entered into knowingly and voluntarily.
An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.
3. As used in this section, short trial means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.
κ2003 Statutes of Nevada, Page 852 (CHAPTER 160, AB 100)κ
Sec. 5. NRS 487.039 is hereby amended to read as follows:
487.039 1. If [the owner of] a vehicle [which] is towed from private property upon the request of the owner of the private property , or a person in lawful possession of that property , and the owner of the vehicle believes that the vehicle was unlawfully towed, [he] the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justices court of the township where the private property is located, on a form provided by the court, to determine whether the towing of the vehicle was lawful.
2. An action may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed [$7,500.] $10,000.
3. Upon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 7 days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the person who authorized the towing of the vehicle.
4. The court shall:
(a) If it determines that the vehicle was:
(1) Lawfully towed, order the owner of the vehicle to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost; or
(2) Unlawfully towed, order the person who authorized the towing to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner immediately; and
(b) Determine the actual cost incurred in towing and storing the vehicle.
5. The operator of any facility or other location where vehicles which are towed from private property are stored shall display conspicuously at that facility or location a sign which sets forth the provisions of this section.
Sec. 6. Section 1 of Senate Bill No. 88 of this session is hereby amended to read as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
[1.] If an action is filed in the district court and a district judge determines that the [sum claimed, exclusive of interest, does not exceed $7,500,] action is properly within the jurisdiction of the justices court pursuant to NRS 4.370, the district judge may transfer original jurisdiction of the action to the justices court.
[2. For the purposes of this section, action includes the following civil cases and proceedings and no others except as otherwise provided by specific statute:
(a) An action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, exceeds $7,500.
(b) An action for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed exceeds $7,500.
(c) Except in actions for a fine imposed for a violation of NRS 484.757, an action for a fine, penalty or forfeiture exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
κ2003 Statutes of Nevada, Page 853 (CHAPTER 160, AB 100)κ
(d) An action upon bonds or undertakings conditioned for the payment of money, if the sum claimed exceeds $7,500.
(e) An action to recover the possession of personal property, if the value of the property exceeds $7,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, exceeds $7,500.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed exceed $7,500.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed exceed $7,500.
(i) Of suits for the collection of taxes, where the amount of the tax sued for exceeds $7,500.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.]
Sec. 7. The amendatory provisions of sections 1 to 5, inclusive, of this act apply to civil actions and proceedings filed on or after January 1, 2005.
Sec. 8. 1. This section and section 6 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2005.
________
Assembly Bill No. 117Committee on Judiciary
CHAPTER 161
AN ACT relating to child support; making various changes to provisions governing the withholding of income which is ordered to enforce the payment of child support; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 31A.025 is hereby amended to read as follows:
31A.025 1. Except as otherwise provided in subsection [2,] 4, whenever a court order requiring an obligor to make payments for the support of a child includes an order directing the withholding of income for the payment of the support, the procedure provided by this chapter for the withholding of income must be carried out immediately unless:
(a) All parties agree in writing that there should be no immediate withholding; or
(b) The court finds good cause for the postponement of withholding.
κ2003 Statutes of Nevada, Page 854 (CHAPTER 161, AB 117)κ
2. Except as otherwise provided in [this paragraph,] subsection 3, a finding of good cause pursuant to paragraph (b) of subsection 1 must be based on a written finding by the court that the immediate withholding of income would not be in the best interests of the child. A finding that the immediate withholding of income would not be in the best interests of the child may be based on evidence that:
(a) The obligor has not been found to be in arrears for the payment of child support and is willing and able to pay the amount ordered by the court;
(b) The obligor was unaware that he was the parent of the child for whom he owes an obligation of support during any time in which an arrearage for the payment of child support accrued and is willing and able to pay the amount ordered by the court; or
(c) The obligor has provided full payment of his obligation for support for each of the immediately preceding 12 months.
3. In an action for modification or adjustment of a previous order for the support of a child, a finding of good cause may be based on evidence of payment in a timely manner by the obligor under the previous order for support.
[2.] 4. In the case of any court order requiring an obligor to make payments for the support of a child:
(a) That does not include an order directing the withholding of income for the payment of the support; or
(b) In connection with which:
(1) Good cause has been found by the court for the postponement of withholding; or
(2) All parties have agreed in writing that there should be no immediate withholding,
the procedure for the withholding of income must be carried out when the obligor becomes delinquent in paying the support of a child. The person entitled to the payment of support or his legal representative shall notify the enforcing authority when the procedure for the withholding of income must be carried out pursuant to this subsection.
Sec. 2. NRS 31A.040 is hereby amended to read as follows:
31A.040 1. The enforcing authority shall notify an obligor who is subject to the withholding of income by first-class mail to his last known address:
(a) That his income is being withheld;
(b) Of the amount of any arrearages;
(c) Of the amount being withheld from his income to pay current support and the amount being withheld to pay any arrearages;
(d) That a notice to withhold income applies to any current or subsequent employer;
(e) That a notice to withhold income of the obligor has been mailed to his employer;
(f) Of the information provided to his employer pursuant to NRS 31A.070;
(g) That he may contest the withholding; and
(h) Of the grounds and procedures for contesting the withholding.
2. The provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection [2] 4 of NRS 31A.025.
κ2003 Statutes of Nevada, Page 855 (CHAPTER 161, AB 117)κ
Sec. 3. NRS 31A.050 is hereby amended to read as follows:
31A.050 1. Except as otherwise provided in subsection 2:
(a) If an obligor, within 15 days after a notice of withholding is mailed to him pursuant to NRS 31A.040, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.
(b) The obligor may contest the withholding on the following grounds:
(1) The court which issued the order for support lacked personal jurisdiction over him;
(2) There is a mistake of fact as to:
(I) Whether the obligor has been delinquent in the payment of support;
(II) The amount of the arrearages or support; or
(III) The custody of the child; or
(3) The order of support was obtained by fraud.
No other issues or defenses may be presented to or determined by the court.
2. The provisions of subsection 1:
(a) Are applicable only to an obligor against whom there is entered an order of a kind described in subsection [2] 4 of NRS 31A.025.
(b) Do not apply to an obligor who requests a hearing pursuant to NRS 130.606 to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to chapter 130 of NRS.
Sec. 4. NRS 31A.060 is hereby amended to read as follows:
31A.060 1. If the court, after conducting a hearing requested pursuant to NRS 31A.050, determines that:
(a) The court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to stay the withholding.
(b) The order of support is valid and there is no fraud or mistake of fact, it shall issue an order confirming the withholding without modification.
2. The court shall make its decision within 45 days after the notice of the withholding is mailed to the obligor pursuant to NRS 31A.040.
3. If the court issues an order confirming the withholding, it may assess costs and attorneys fees against the obligor.
4. The enforcing authority shall give written notice to the obligor of the decision of the court.
5. The provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection [2] 4 of NRS 31A.025.
Sec. 5. NRS 31A.070 is hereby amended to read as follows:
31A.070 1. The enforcing authority shall mail, by first-class mail, a notice to withhold income to an obligors employer:
(a) If the provisions of subsection [2] 4 of NRS 31A.025 apply, immediately upon determining that the obligor is delinquent in the payment of support; or
(b) If the provisions of subsection [2] 4 of NRS 31A.025 do not apply, immediately upon the entry of the order of support [.] , unless an exception set forth in paragraph (a) or (b) of subsection 1 of NRS 31A.025 applies.
2. If an employer of an obligor does not begin to withhold income from the obligor after receiving the notice to withhold income that was mailed pursuant to subsection 1, the enforcing authority shall mail, by certified mail, return receipt requested, another notice to withhold income to the employer.
3. A notice to withhold income may be issued electronically and must:
κ2003 Statutes of Nevada, Page 856 (CHAPTER 161, AB 117)κ
(a) Contain the social security number of the obligor;
(b) Specify the amount to be withheld from the income of the obligor;
(c) Specify the amount of the fee authorized in NRS 31A.090 for the employer;
(d) Describe the limitation for withholding income prescribed in NRS 31.295;
(e) Describe the prohibition against terminating the employment of an obligor because of withholding and the penalties for wrongfully refusing to withhold pursuant to the notice to withhold income;
(f) Specify that, pursuant to NRS 31A.160, the withholding of income to enforce an order of a court for child support has priority over other proceedings against the same money; and
(g) Explain the duties of an employer upon the receipt of the notice to withhold income.
________
Assembly Bill No. 323Assemblymen McClain, Parks, Chowning, Koivisto, Gibbons, Anderson, Arberry, Atkinson, Claborn, Collins, Conklin, Giunchigliani, Hardy, Horne, Manendo, Mortenson, Ohrenschall and Pierce
CHAPTER 162
AN ACT relating to health care; requiring certain employees of facilities for long-term care to receive education in the care of persons with dementia; requiring the Department of Human Resources to develop a plan for increasing the number of beds in this state that are used to provide long-term care to persons with dementia; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall establish minimum continuing education requirements concerning the care of persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease, for each person who is:
(a) Employed by a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia; and
(b) Licensed or certified by an occupational licensing board.
2. In establishing continuing education requirements pursuant to subsection 1, the Board shall consider any other educational requirements imposed on such employees to ensure that the continuing education requirements established by the Board do not duplicate or conflict with the existing educational requirements imposed on those employees.
3. The administrator of a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease, shall ensure that each employee of the facility who is required to comply with the requirements for continuing education established by the Board pursuant to this section complies with such requirements.
κ2003 Statutes of Nevada, Page 857 (CHAPTER 162, AB 323)κ
persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease, shall ensure that each employee of the facility who is required to comply with the requirements for continuing education established by the Board pursuant to this section complies with such requirements.
Sec. 2. NRS 449.070 is hereby amended to read as follows:
449.070 The provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility [must] shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.
Sec. 3. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 1 of this act or of any other law of this state or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Human Resources as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.
2. In addition to the provisions of subsection 1, the Health Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2.
4. On or before February 1 of each odd-numbered year, the Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
κ2003 Statutes of Nevada, Page 858 (CHAPTER 162, AB 323)κ
(a) Any complaints included in the log maintained by the Health Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Health Division pursuant to subsection 2.
Sec. 4. NRS 449.163 is hereby amended to read as follows:
449.163 1. If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410, 449.001 to 449.240, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board, the Health Division in accordance with the regulations adopted pursuant to NRS 449.165 may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Health Division may require any facility that violates any provision of NRS 439B.410, 449.001 to 449.240, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.
Sec. 5. NRS 654.170 is hereby amended to read as follows:
654.170 1. The Board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or 654.155 and shall affix its official seal to the license.
2. Each license issued by the Board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.
3. Any licensed nursing facility administrator or administrator of a residential facility for groups may renew his license by applying for renewal in the manner prescribed by the Board, submitting the statement required pursuant to NRS 654.145 and paying the renewal fee fixed by the Board.
4. The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with [the] :
κ2003 Statutes of Nevada, Page 859 (CHAPTER 162, AB 323)κ
(a) The requirements for continuing education adopted by the Board [.] ; and
(b) The duties of the administrator set forth in section 1 of this act.
Sec. 6. NRS 654.170 is hereby amended to read as follows:
654.170 1. The Board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or 654.155 and shall affix its official seal to the license.
2. Each license issued by the Board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.
3. Any licensed nursing facility administrator or administrator of a residential facility for groups may renew his license by applying for renewal in the manner prescribed by the Board and paying the renewal fee fixed by the Board.
4. The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with [the] :
(a) The requirements for continuing education adopted by the Board [.] ; and
(b) The duties of the administrator set forth in section 1 of this act.
Sec. 7. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and hearing, impose an administrative fine of not more than $2,500 on and suspend or revoke the license of any nursing facility administrator or administrator of a residential facility for groups who:
(a) Is convicted of a felony, or of any offense involving moral turpitude.
(b) Has obtained his license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups.
2. The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.
3. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Board.
Sec. 8. 1. The Department of Human Resources shall develop a plan for increasing the number of beds in this state that are used to provide long-term care to persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease. The plan must include various methods for increasing the number of such beds, including, without limitation:
(a) Changing the rate at which Medicaid reimburses facilities for providing long-term care to persons with any form of dementia;
(b) The use of financial policies and incentives to encourage and facilitate the development and creation of such beds; and
(c) The use or modification of existing public and private facilities in this state for providing long-term care to persons with any form of dementia.
κ2003 Statutes of Nevada, Page 860 (CHAPTER 162, AB 323)κ
2. The Department of Human Resources shall submit the plan to the Interim Finance Committee and the Legislative Committee on Health Care on or before June 30, 2004.
Sec. 9. 1. This act becomes effective on July 1, 2003.
2. Section 5 of this act expires 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 proceeding 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.
3. Section 6 of this act becomes 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 proceeding 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.
________
Assembly Bill No. 336Assemblymen Manendo, McClain, Koivisto, Parks, McCleary, Anderson, Andonov, Arberry, Atkinson, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Hardy, Horne, Knecht, Leslie, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams
CHAPTER 163
AN ACT relating to criminal procedure; revising the provisions regarding notification of victims of a crime if the defendant is released before or during a trial; providing that a victim can request information concerning the release of the defendant by telephone in certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the [written] request of a victim or witness, inform him:
(a) When the defendant is released from custody at any time before or during the trial [;] , including, without limitation, when the defendant is released pending trial or subject to electronic supervision;
κ2003 Statutes of Nevada, Page 861 (CHAPTER 163, AB 336)κ
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which he was directly involved.
2. A request for information pursuant to subsection 1 must be made:
(a) In writing; or
(b) By telephone through an automated or computerized system of notification, if such a system is available.
3. If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to subsection [4;] 5;
(2) The form that the witness must use to request notification [;] in writing; and
(3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
(b) To each person listed in subsection [3,] 4, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection [4 or] 5 or 6 and NRS 176.015, 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
[3.] 4. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection [2:] 3:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
[4.] 5. Except as otherwise provided in subsection [5,] 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.
[5.] 6. If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides his current address; and
κ2003 Statutes of Nevada, Page 862 (CHAPTER 163, AB 336)κ
(c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,
before the offender is released from prison.
[6.] 7. The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.
[7.] 8. As used in this section:
(a) Immediate family means any adult relative of the victim living in the victims household.
(b) Sexual offense means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 201.180;
(6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(7) Open or gross lewdness pursuant to NRS 201.210;
(8) Indecent or obscene exposure pursuant to NRS 201.220;
(9) Lewdness with a child pursuant to NRS 201.230;
(10) Sexual penetration of a dead human body pursuant to NRS 201.450;
(11) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;
(12) Annoyance or molestation of a minor pursuant to NRS 207.260;
(13) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
(14) An attempt to commit an offense listed in this paragraph.
Sec. 2. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 863κ
Assembly Bill No. 381Assemblymen Leslie, Koivisto, Parks, Ohrenschall, Atkinson, Buckley, Conklin, Geddes and McClain
CHAPTER 164
AN ACT relating to protection of children; revising the provisions governing the purpose, membership and procedure of a multidisciplinary team to review the death of a child; increasing the fee for a certificate of death to support the reviews; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The purpose of organizing multidisciplinary teams to review the deaths of children pursuant to NRS 432B.405 and sections 2 to 6, inclusive, of this act, is to:
1. Review the records of selected cases of deaths of children under 18 years of age in this state;
2. Review the records of selected cases of deaths of children under 18 years of age who are residents of Nevada and who die in another state;
3. Assess and analyze such cases;
4. Make recommendations for improvements to laws, policies and practice;
5. Support the safety of children; and
6. Prevent future deaths of children.
Sec. 3. 1. A multidisciplinary team to review the death of a child that is organized by an agency which provides child welfare services pursuant to NRS 432B.405 must include, insofar as possible:
(a) A representative of any law enforcement agency that is involved with the case under review;
(b) Medical personnel;
(c) A representative of the district attorneys office in the county where the case is under review;
(d) A representative of any school that is involved with the case under review;
(e) A representative of any agency which provides child welfare services that is involved with the case under review; and
(f) A representative of the coroners office.
2. A multidisciplinary team may include such other representatives of other organizations concerned with the death of the child as the agency which provides child welfare services deems appropriate for the review.
Sec. 4. 1. A multidisciplinary team to review the death of a child is entitled to access to:
(a) All investigative information of law enforcement agencies regarding the death;
(b) Any autopsy and coroners investigative records relating to the death;
κ2003 Statutes of Nevada, Page 864 (CHAPTER 164, AB 381)κ
(c) Any medical or mental health records of the child; and
(d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the childs family.
2. Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
3. A multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. Any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.
4. Information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
Sec. 5. 1. The report and recommendations of a multidisciplinary team to review the death of a child must be transmitted to an administrative team for review.
2. An administrative team must consist of administrators of agencies which provide child welfare services, and agencies responsible for vital statistics, public health, mental health and public safety.
3. The administrative team shall review the report and recommendations and respond in writing to the multidisciplinary team within 90 days after receiving the report.
Sec. 6. 1. The Administrator of the Division shall establish an Executive Committee to Review the Death of Children, consisting of representatives from multidisciplinary teams formed pursuant to NRS 432B.405 and section 3 of this act, vital statistics, law enforcement, public health and the Office of the Attorney General.
2. The Executive Committee shall:
(a) Adopt statewide protocols for the review of the death of a child;
(b) Designate the members of an administrative team for the purposes of section 5 of this act;
(c) Oversee training and development of multidisciplinary teams to review the death of children; and
(d) Compile and distribute a statewide annual report, including statistics and recommendations for regulatory and policy changes.
3. The Review of Death of Children Account is hereby created in the State General Fund. The Executive Committee may use money in the Account to carry out the provisions of NRS 432B.405 and sections 2 to 6, inclusive, of this act.
Sec. 7. NRS 432B.405 is hereby amended to read as follows:
432B.405 1. An agency which provides child welfare services:
(a) May organize one or more multidisciplinary teams to review the death of a child; and
(b) Shall organize one or more multidisciplinary teams to review the death of a child [upon] under any of the following circumstances:
κ2003 Statutes of Nevada, Page 865 (CHAPTER 164, AB 381)κ
(1) Upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child [.
2. Members of a team organized pursuant to subsection 1 serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.
3. Each organization represented on such a team may share with other members of the team information in its possession concerning the child who is the subject of the review, siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
4. Before establishing any child death review team, an agency shall adopt a written protocol describing its objectives and the structure of such a team.] ;
(2) If a child dies while in the custody of or involved with an agency which provides child welfare services, or if the childs family previously received services from such an agency;
(3) If the death is alleged to be from abuse or neglect of the child;
(4) If a sibling, household member or daycare provider has been the subject of a child abuse and neglect investigation within the previous 12 months, including cases in which the report was unsubstantiated or the investigation is currently pending;
(5) If the child was adopted through an agency which provides child welfare services; or
(6) If the child died of Sudden Infant Death Syndrome.
2. A review conducted pursuant to subparagraph (2) of paragraph (b) of subsection 1 must occur within 3 months after the issuance of a certificate of death.
Sec. 8. NRS 440.170 is hereby amended to read as follows:
440.170 1. All certificates in the custody of the State Registrar are open to inspection subject to the provisions of this chapter. It is unlawful for any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.
2. Information in vital statistics indicating that a birth occurred out of wedlock must not be disclosed except upon order of a court of competent jurisdiction.
3. The Board:
(a) Shall allow the use of data contained in vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive; [and]
(b) Shall allow the use of certificates of death by a multidisciplinary team to review the death of a child established pursuant to NRS 432B.405 and section 3 of this act; and
(c) May allow the use of data contained in vital statistics for other research purposes, but without identifying the persons to whom the records relate.
Sec. 9. NRS 440.690 is hereby amended to read as follows:
440.690 1. The State Registrar shall keep a true and correct account of all fees received under this chapter.
2. The money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Childrens Trust Account . [, and any] The money collected pursuant to subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account.
κ2003 Statutes of Nevada, Page 866 (CHAPTER 164, AB 381)κ
subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account. Any other proceeds accruing to the State of Nevada under the provisions of this chapter must be forwarded to the State Treasurer for deposit in the State General Fund.
3. Upon the approval of the State Board of Examiners and pursuant to its regulations, the Health Division may maintain an account in a bank or credit union for the purpose of refunding overpayments of fees for vital statistics.
Sec. 10. NRS 440.700 is hereby amended to read as follows:
440.700 1. The State Registrar shall charge and collect the following fees:
For searching the files for one name, if no copy is made.................................. $8
For verifying a vital record........................................................................................ 8
For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record......................................... 20
For a certified copy of a record of birth................................................................ 11
For a certified copy of a record of death.......................................................... [8] 9
For correcting a record on file with the State Registrar and providing a certified copy of the corrected record........................................................................................... 20
For replacing a record on file with the State Registrar and providing a certified copy of the new record..................................................................................................... 20
For filing a delayed certificate of birth and providing a certified copy of the certificate 20
For the services of a Notary Public, provided by the State Registrar................. 2
For an index of records of marriage provided on microfiche to a person other than a county recorder of a county of this state.................................................... 200
For an index of records of divorce provided on microfiche to a person other than a county recorder of a county in this state..................................................... 100
For compiling data files which require specific changes in computer programming 200
2. The fee collected for furnishing a copy of a certificate of birth or death [must include] includes the sum of $3 for credit to the Childrens Trust Account.
3. The fee collected for furnishing a copy of a certificate of death includes the sum of $1 for credit to the Review of Death of Children Account.
4. Upon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
[4.] 5. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
κ2003 Statutes of Nevada, Page 867 (CHAPTER 164, AB 381)κ
Sec. 11. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 405Assemblymen Hardy, Knecht, Andonov, Grady, Brown, Beers, Christensen, Collins, Conklin, Geddes, Gibbons, Goicoechea, Griffin, Gustavson, Hettrick, Koivisto, Mabey, McClain, McCleary, Oceguera, Pierce and Weber
CHAPTER 165
AN ACT relating to veterans cemeteries; revising the provisions governing financial support for veterans cemeteries; providing for the employment of additional employees to operate veterans cemeteries; authorizing the use of the remainder of certain gifts of money and personal property donated for use at veterans cemeteries; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.220 is hereby amended to read as follows:
417.220 1. The Account for Veterans Affairs is hereby created in the State General Fund.
2. Money received by the Executive Director or the Deputy Executive Director from:
(a) Fees charged pursuant to NRS 417.210;
(b) Allowances for burial from the Department of Veterans Affairs [;] or other money provided by the Federal Government for the support of veterans cemeteries;
(c) Receipts from the sale of gifts and general merchandise; [and]
(d) Grants obtained by the Executive Director or the Deputy Executive Director for the support of veterans cemeteries; and
(e) Except as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of money and proceeds derived from the sale of gifts of personal property that he is authorized to accept, if the use of such gifts has not been restricted by the donor,
must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, whichever is appropriate.
3. The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on:
(a) Money appropriated from the State General Fund to the Account for Veterans Affairs.
(b) Fees charged pursuant to NRS 417.110 that are deposited in the Account for Veterans Affairs.
4. [Except as otherwise provided in subsection 6, the] The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected. In addition to personnel he is authorized to employ pursuant to NRS 417.200, the Executive Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Executive Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.
κ2003 Statutes of Nevada, Page 868 (CHAPTER 165, AB 405)κ
to personnel he is authorized to employ pursuant to NRS 417.200, the Executive Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Executive Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.
5. Except as otherwise provided in subsection [6,] 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.
6. The Gift Account for Veterans Cemeteries is hereby created in the State General Fund. [The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery, only in the manner designated by the donor.] Gifts of money that the Executive Director or the Deputy Executive Director is authorized to accept and [for] which the donor has restricted to one or more uses at a veterans cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.
7. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans cemetery in northern Nevada or the veterans cemetery in southern Nevada, as appropriate.
Sec. 2. Subsection 7 of NRS 417.220 applies to gifts of money and of personal property donated:
1. On or after July 1, 2003; and
2. Before July 1, 2003, that are remaining after that date.
Sec. 3. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 869κ
Assembly Bill No. 421Assemblywoman Weber
CHAPTER 166
AN ACT relating to elections; requiring that the names of candidates for certain nonpartisan offices who are unopposed be placed on the ballot for a primary election; requiring that, under certain circumstances, such a candidate be declared elected to office following the primary election and that his name not be placed on the ballot for a general election; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.
4. If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office [or] and no independent candidate has filed for the office:
(a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. Where no more than the number of candidates to be elected have filed for nomination for [any office,] :
(a) Any partisan office or the office of justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election; and
κ2003 Statutes of Nevada, Page 870 (CHAPTER 166, AB 421)κ
(b) Any nonpartisan office, other than the office of justice of the Supreme Court, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, he must be declared elected to the office and his name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his name must be placed on the ballot for the general election.
6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.
________
Assembly Bill No. 424Assemblyman Geddes (by request)
CHAPTER 167
AN ACT relating to state purchasing; revising the provisions concerning certain penalties for a person who has entered into a contract with an agency of this state and who fails to perform according to the terms of the contract; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.365 is hereby amended to read as follows:
333.365 1. A person who has entered into a contract with the Purchasing Division or another agency of this state and who does not perform according to the terms of the contract is liable for, in addition to any other applicable damages for breach of contract, a penalty of not more than 5 percent of the total value of the bid [.] or contract. The penalty must be recovered in a civil action upon the complaint of the Chief in any court of competent jurisdiction. In addition to recovering the penalty and any other applicable damages, the Chief may [remove the name of the person from the list of bidders and] refuse to accept a bid from [him] the person or refuse to award a contract to the person, or both, for not more than 2 years.
2. If the Chief does not bring an action to recover the penalty prescribed by subsection 1, he may:
(a) [Remove the name of the person from the list of bidders and refuse] Refuse to accept a bid from [him] the person, refuse to award a contract to the person, or both, for not more than 2 years; and
(b) Impose an administrative penalty, in an amount not to exceed 5 percent of the total value of the bid [.] or contract. Such a penalty may be recovered only after notice is given to the person by mail.
3. [If the Chief has removed the name of a person from the list of bidders, that person must apply to the Chief to have his name reinstated on the list of bidders.
κ2003 Statutes of Nevada, Page 871 (CHAPTER 167, AB 424)κ
4.] A penalty imposed pursuant to subsection 1 or 2 may be deducted from any payment due the person or, if a bond has been issued or a check received, a claim may be made against the bond or check. If no payment is due and no bond was issued or check received, the Chief may issue a claim for payment of the penalty. The claim must be paid within 30 days.
________
Assembly Bill No. 443Committee on Judiciary
CHAPTER 168
AN ACT relating to controlled substances; providing for an additional penalty for selling or providing certain controlled substances where the use of the controlled substance results in death or substantial bodily harm and the defendant failed to render or seek the necessary medical assistance; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 193.169, a defendant who is found guilty of violating NRS 453.321 or 453.333 where:
(a) The use of the controlled substance by a person resulted in death or substantial bodily harm to the person;
(b) The defendant was in the presence of the injured person when he manifested an adverse physical reaction to the controlled substance; and
(c) The defendant failed to render or seek necessary medical assistance for the injured person in a timely manner,
shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 2. NRS 193.169 is hereby amended to read as follows:
193.169 1. A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
2. A person who is sentenced to an alternative term of imprisonment pursuant to subsection 2 of NRS 193.161 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
κ2003 Statutes of Nevada, Page 872 (CHAPTER 168, AB 443)κ
section 1 of this act even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.
(b) Prohibit alleging in the alternative in the indictment or information that the persons conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
________
Assembly Bill No. 445Committee on Health and Human Services
CHAPTER 169
AN ACT relating to welfare; transferring certain duties relating to Medicaid from the Welfare Division of the Department of Human Resources to the Department of Human Resources and from the State Welfare Administrator to the Director of the Department of Human Resources; revising the definition of the undivided estate of a deceased recipient of Medicaid; requiring the Director of the Department of Human Resources to adopt certain regulations; providing that certain provisions of law do not apply to the recovery of money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid; repealing the requirement that the State Plan for Medicaid include a requirement that certain senior citizens are eligible for Medicaid for long-term care; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
The Director:
1. Shall administer the provisions of NRS 422.2935 to 422.2936, inclusive;
2. May adopt such regulations as are necessary for the administration of those provisions; and
3. May invoke any legal, equitable or special procedures for the enforcement of those provisions.
Sec. 2. NRS 422.054 is hereby amended to read as follows:
422.054 Undivided estate means all real and personal property and other assets included in the estate of a deceased recipient of Medicaid and any other real and personal property and other assets in or to which he had an interest or legal title immediately before or at the time of his death, to the extent of that interest or title. The term includes, without limitation, assets conveyed to a survivor, heir or assign of the deceased recipient through or as the result of any joint tenancy, tenancy in common, survivorship, life estate, living trust , annuity, declaration of homestead or other arrangement .
κ2003 Statutes of Nevada, Page 873 (CHAPTER 169, AB 445)κ
the result of any joint tenancy, tenancy in common, survivorship, life estate, living trust , annuity, declaration of homestead or other arrangement . [, including, without limitation, any of the decedents separate property and his interest in community property that was transferred to a community spouse pursuant to NRS 123.259 or pursuant to an order of a district court under any other provision of law.]
Sec. 3. NRS 422.222 is hereby amended to read as follows:
422.222 The State Welfare Administrator may adopt such regulations as are necessary for the administration of NRS 422.160 to 422.2345, inclusive, 422.2931 to [422.2936,] 422.29324, inclusive, and 422.310 to 422.3754, inclusive, and any program of the Welfare Division.
Sec. 4. NRS 422.230 is hereby amended to read as follows:
422.230 The State Welfare Administrator shall:
1. Supply the Director with material on which to base proposed legislation.
2. Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.
3. Coordinate the activities of the Welfare Division with other agencies, both public and private, with related or similar activities.
4. Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. Inform the public in regard to the activities and operation of the Welfare Division, and provide other information which will acquaint the public with problems relating to welfare.
6. Conduct studies into the causes of the social problems with which the Welfare Division is concerned.
7. Provide leadership in the community in order that all welfare activities are pointed toward the single goal of improving the public welfare.
8. Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 422.160 to 422.2345, inclusive, 422.2931 to [422.2936,] 422.29324, inclusive, and 422.310 to 422.3754, inclusive.
9. Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business, to ensure fair consideration of applications for aid, and to promote the efficiency of the service provided by the Welfare Division.
Sec. 5. NRS 422.240 is hereby amended to read as follows:
422.240 1. Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and section 1 of this act and 422.580, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must be provided by appropriation by the Legislature from the State General Fund.
2. Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and section 1 of this act and 422.580 must be made upon claims duly filed, audited and allowed in the same manner as other money in the State Treasury is disbursed.
Sec. 6. NRS 422.272 is hereby amended to read as follows:
422.272 1. [Except as otherwise provided in NRS 422.2725, the] The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenditures for the medical, administrative and transactional costs, to the extent not covered by private insurance, of a person:
κ2003 Statutes of Nevada, Page 874 (CHAPTER 169, AB 445)κ
administrative and transactional costs, to the extent not covered by private insurance, of a person:
(a) Who is admitted to a hospital, facility for intermediate care or facility for skilled nursing for not less than 30 consecutive days;
(b) Who is covered by the State Plan for Medicaid; and
(c) Whose net countable income per month is not more than $775 or 156 percent of the supplemental security income benefit rate established pursuant to 42 U.S.C. § 1382(b)(1), whichever is greater.
2. As used in this section:
(a) Facility for intermediate care has the meaning ascribed to it in NRS 449.0038.
(b) Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039.
(c) Hospital has the meaning ascribed to it in NRS 449.012.
Sec. 7. NRS 422.2931 is hereby amended to read as follows:
422.2931 The State Welfare Administrator and the Welfare Division shall administer the provisions of NRS 422.160 to 422.2345, inclusive, 422.2931 to [422.2936,] 422.29324, inclusive, and 422.310 to 422.3754, inclusive, subject to administrative supervision by the Director.
Sec. 8. NRS 422.2935 is hereby amended to read as follows:
422.2935 1. Except as otherwise provided in this section and to the extent it is not prohibited by federal law and when circumstances allow, the [Welfare Division] Department shall recover benefits correctly paid for Medicaid from:
(a) The undivided estate of the person who received those benefits; and
(b) Any recipient of money or property from the undivided estate of the person who received those benefits.
2. The [Welfare Division] Department shall not recover benefits pursuant to subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age , [or is] blind or [permanently and totally] disabled.
3. Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the [Welfare Division] Department may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.
4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age , [or is] blind or [permanently and totally] disabled.
5. The [State Welfare Administrator] Director may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if [he] the Director determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The [State Welfare Administrator] Director shall adopt regulations defining the circumstances that constitute an undue hardship.
6. Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the Department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.
κ2003 Statutes of Nevada, Page 875 (CHAPTER 169, AB 445)κ
7. Any recovery by the [Welfare Division] Department from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:
(a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or
(b) The value of the remaining assets in the undivided estate,
whichever is less.
Sec. 9. NRS 422.29353 is hereby amended to read as follows:
422.29353 1. Except as otherwise provided in this section, the [Welfare Division] Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:
(a) Failed to report any required information to the [Welfare Division] Department that the person knew at the time he signed the application; or
(b) Failed to report to the [Welfare Division] Department within the period allowed by the [Welfare Division] Department any required information that the person obtained after he filed the application.
2. Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who signed the application for public benefits on behalf of the recipient shall reimburse the [Division] Department or appropriate state agency for the value of the incorrectly paid public assistance.
3. The [State Welfare Administrator] Director or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.
4. The [State Welfare Administrator] Director may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The [State Welfare Administrator] Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.
Sec. 10. NRS 422.29355 is hereby amended to read as follows:
422.29355 1. The [Welfare Division] Department may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a) The [Welfare Division] Department may obtain a lien against a recipients property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.
(b) The [Welfare Division] Department may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the [Welfare Division] Department determines, after notice and opportunity for a hearing in accordance with [its] applicable regulations, that [he] the recipient cannot reasonably be expected to be discharged and return home.
κ2003 Statutes of Nevada, Page 876 (CHAPTER 169, AB 445)κ
intermediate care facility for the mentally retarded or other medical institution and the [Welfare Division] Department determines, after notice and opportunity for a hearing in accordance with [its] applicable regulations, that [he] the recipient cannot reasonably be expected to be discharged and return home.
2. No lien may be placed on a recipients home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:
(a) His spouse;
(b) His child who is under 21 years of age , [or] blind or [permanently and totally] disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
is lawfully residing in the home.
3. Upon the death of a recipient , the [Welfare Division] Department may seek a lien upon [his] the recipients undivided estate as defined in NRS 422.054.
4. The [State Welfare Administrator] Director shall release a lien pursuant to this section:
(a) Upon notice by the recipient or his representative to the [Administrator] Director that the recipient has been discharged from the medical institution and has returned home;
(b) If the lien was incorrectly determined; or
(c) Upon satisfaction of the claim of the [Welfare Division.] Department.
Sec. 11. NRS 422.2936 is hereby amended to read as follows:
422.2936 Each application for Medicaid must include:
1. A statement that any assistance paid to a recipient may be recovered in an action filed against the estate of the recipient or his spouse; and
2. A statement that any person who signs an application for Medicaid and fails to report:
(a) Any required information to the [Welfare Division] Department which he knew at the time he signed the application; or
(b) Within the period allowed by the [Welfare Division,] Department, any required information to the [Welfare Division] Department which he obtained after he filed the application,
may be personally liable for any money incorrectly paid to the recipient.
Sec. 12. NRS 40.525 is hereby amended to read as follows:
40.525 1. If title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in the real or personal property, if his interest is affected by the death of that person, or the State of Nevada, may file in the district court of any county in which any part of the real or personal property is situated a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner and the interest of the deceased therein.
2. The clerk shall set the petition for hearing by the court. Notice of hearing of the petition must be mailed, by certified mail, return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court orders. The clerk shall send a copy of the notice of hearing or of the affidavit to the [Welfare Division of the] Department of Human Resources by certified mail, return receipt requested, postage prepaid, if the State is not the petitioner, at the time notice is mailed to the heirs at law or the notice is published.
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receipt requested, postage prepaid, if the State is not the petitioner, at the time notice is mailed to the heirs at law or the notice is published. Failure on the part of any such heir at law to contest the petition precludes any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.
3. The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of the death and the termination of the interest of the deceased in the real or personal property described in the petition.
4. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.
5. As an alternative method of terminating the interest of the deceased person, if title or an interest in real or personal property held in joint tenancy or as community property with right of survivorship is affected by the death of a joint tenant or spouse, any person who has knowledge of the facts may record in the office of the county recorder in the county where the property is situated an affidavit meeting the requirements of NRS 111.365, accompanied by a certified copy of the death certificate of the deceased person.
Sec. 13. NRS 108.860 is hereby amended to read as follows:
108.860 1. A petition for the imposition of a lien must be signed by or on behalf of the [State Welfare Administrator] Director of the Department of Human Resources or the Attorney General and filed with the clerk of the court, who shall set the petition for hearing.
2. Notice of a petition for the imposition of a lien must be given by registered or certified mail, postage prepaid, at least 10 days before the date set for hearing or other action by the court. Each such notice must be addressed to the intended recipient at his last address known to the [Administrator,] Director, receipt for delivery requested. The [Administrator] Director shall cause the notice to be published, at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons claiming any interest in the property of the filing of the petition, the object and the location, date and time of the hearing.
3. Notice of a petition for the imposition of a lien must be given to:
(a) Each person who has requested notice;
(b) The person who is receiving or has received benefits for Medicaid;
(c) The legal guardian or representative of a person who is receiving or has received benefits for Medicaid, if any;
(d) Each executor, administrator or trustee of the estate of a decedent who received benefits for Medicaid, if any;
(e) The heirs of such a decedent known to the [Administrator;] Director; and
(f) Each person who is claiming any interest in the property or who is listed as having any interest in the subject property,
and must state the filing of the petition, the object, and the time set for hearing.
4. At the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise to the satisfaction of the court that notice has been given as required by this chapter, the court shall proceed to hear the testimony in support of the petition.
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chapter, the court shall proceed to hear the testimony in support of the petition. Each witness who appears and is sworn shall testify orally.
5. The court shall make findings as to the appropriateness of the lien and the amount of the lien.
6. At the time of the filing of the petition for imposition of a lien , the [Administrator] Director shall file a notice of pendency of the action in the manner provided in NRS 14.010.
7. Upon imposition of the lien by the court, the [Administrator] Director shall serve the notice of lien upon the owner by certified or registered mail and file it with the office of the county recorder of each county where real property subject to the lien is located.
8. The notice of lien must contain:
(a) The amount due;
(b) The name of the owner of record of the property; and
(c) A description of the property sufficient for identification.
9. If the amount due as stated in the notice of lien is reduced by a payment, the [Administrator] Director shall amend the notice of lien, stating the amount then due, within 20 days after receiving the payment.
Sec. 14. NRS 108.870 is hereby amended to read as follows:
108.870 The [State Welfare Administrator] Director of the Department of Human Resources may, to the extent not prohibited by 42 U.S.C. § 1396p(b), foreclose upon a lien for money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid by action in the district court in the same manner as for foreclosure of any other lien.
Sec. 15. NRS 111.365 is hereby amended to read as follows:
111.365 1. In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which sets forth the following:
(a) The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;
(b) A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;
(c) A description of the property subject to the joint tenancy or right of survivorship; and
(d) The date and place of death of each deceased joint tenant or the deceased spouse.
2. Each month, a county recorder shall send all the information contained in each affidavit received by him pursuant to subsection 1 during the immediately preceding month to the [Welfare Division of the] Department of Human Resources in any format and by any medium approved by the [Welfare Division.] Department.
Sec. 16. Chapter 115 of NRS is hereby amended by adding thereto a new section to read as follows:
Nothing in this chapter exempts any real or personal property from any statute of this state that authorizes the recovery of money owed to the Department of Human Resources as a result of the payment of benefits from Medicaid through the imposition or foreclosure of a lien against the property of a recipient of Medicaid in the manner set forth in NRS 422.2935 to 422.2936, inclusive.
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Department of Human Resources as a result of the payment of benefits from Medicaid through the imposition or foreclosure of a lien against the property of a recipient of Medicaid in the manner set forth in NRS 422.2935 to 422.2936, inclusive.
Sec. 17. NRS 115.005 is hereby amended to read as follows:
115.005 As used in this chapter, unless the context otherwise requires:
1. Equity means the amount that is determined by subtracting from the fair market value of the property [,] the value of any liens excepted from the homestead exemption pursuant to subsection 3 of NRS 115.010 [.] or section 16 of this act.
2. Homestead means the property consisting of:
(a) A quantity of land, together with the dwelling house thereon and its appurtenances;
(b) A mobile home whether or not the underlying land is owned by the claimant; or
(c) A unit, whether real or personal property, existing pursuant to chapter 116 or 117 of NRS, with any appurtenant limited common elements and its interest in the common elements of the common-interest community,
to be selected by the husband and wife, or either of them, or a single person claiming the homestead.
Sec. 18. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5 [.] , and section 16 of this act.
2. The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $125,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.
3. Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a) Any mortgage or deed of trust thereon executed and given; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
by both husband and wife, when that relation exists.
4. If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanics lien lawfully obtained, and for legal taxes levied by a state or local government, and for:
(a) Any mortgage or deed of trust thereon; and
(b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
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any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.
5. Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.
6. Any declaration of homestead which has been filed before October 1, 1995, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before October 1, 1995.
Sec. 19. NRS 136.100 is hereby amended to read as follows:
136.100 1. A petition for the probate of a will and for the issuance of letters must be signed by the party petitioning, or the attorney for the petitioner, and filed with the clerk of the court, who shall set the petition for hearing.
2. The petitioner shall give notice of the hearing for the period and in the manner provided in NRS 155.020 to the heirs of the testator and the devisees named in the will, to all persons named as personal representatives who are not petitioning and to the [Administrator of the Welfare Division] Director of the Department of Human Resources. The notice must be substantially in the form provided in that section.
Sec. 20. NRS 139.100 is hereby amended to read as follows:
139.100 The clerk shall set the petition for hearing, and notice must be given to the heirs of the decedent and to the [Administrator of the Welfare Division] Director of the Department of Human Resources as provided in NRS 155.020. The notice must state the filing of the petition, the object and the time for hearing.
Sec. 21. NRS 143.035 is hereby amended to read as follows:
143.035 1. A personal representative shall use reasonable diligence in performing the duties of the personal representative and in pursuing the administration of the estate.
2. A personal representative in charge of an estate that has not been closed shall:
(a) Within 6 months after the personal representatives appointment, where no federal estate tax return is required to be filed for the estate; or
(b) Within 15 months after the personal representatives appointment, where a federal estate tax return is required to be filed for the estate,
file with the court a report explaining why the estate has not been closed.
3. Upon receiving the report, the clerk shall set a time and place for a hearing of the report. The personal representative shall send a copy of the report and shall give notice of the hearing, for the period and in the manner provided in NRS 155.010, to:
(a) Each person whose interest is affected as an heir or devisee; and
(b) The [Welfare Division of the] Department of Human Resources, if the [Welfare Division] Department has filed a claim against the estate.
4. At the hearing, the court shall determine whether or not the personal representative has used reasonable diligence in the administration of the estate, and if the personal representative has not, the court may:
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(a) Subject to the provisions of NRS 143.037:
(1) Prescribe the time within which the estate must be closed; or
(2) Allow the personal representative additional time for closing and order a subsequent report; or
(b) Revoke the letters of the personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.
Sec. 22. NRS 145.060 is hereby amended to read as follows:
145.060 1. A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.
2. Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within 10 days thereafter the personal representative shall allow or reject the claims filed.
3. Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.
4. Every claim which is filed as provided in this section and allowed by the personal representative [,] must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230.
5. If a claim filed by the [Welfare Division of the] Department of Human Resources is rejected by the personal representative, the [State Welfare Administrator] Director of the Department may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
Sec. 23. NRS 146.070 is hereby amended to read as follows:
146.070 1. If a person dies leaving an estate the gross value of which, after deducting any encumbrances, does not exceed $50,000, and there is a surviving spouse or minor child or minor children of the decedent, the estate must not be administered upon, but the whole estate, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor child or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even if there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.
2. If there is no surviving spouse or minor child of the decedent and the gross value of a decedents estate, after deducting any encumbrances, does not exceed $50,000, upon good cause shown, the court shall order that the estate not be administered upon, but the whole estate be assigned and set apart in the following order:
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(a) To the payment of funeral expenses, expenses of last illness, money owed to the Department of Human Resources as a result of payment of benefits for Medicaid and creditors, if there are any; and
(b) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession.
3. Proceedings taken under this section, whether or not the decedent left a valid will, must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing:
(a) A specific description of all the decedents property.
(b) A list of all the liens and mortgages of record at the date of the decedents death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner.
4. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs and devisees and to the [State Welfare Administrator.] Director of the Department of Human Resources. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.
5. No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.
6. If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $50,000, the court may direct that the estate be distributed to the father or mother of a minor heir or devisee, with or without the filing of any bond, or to a custodian under chapter 167 of NRS, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond, as in the discretion of the court is deemed to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
Sec. 24. NRS 146.080 is hereby amended to read as follows:
146.080 1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this state, and the gross value of the decedents property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the [State Welfare Administrator] Director of the Department of Human Resources or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
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custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
2. An affidavit made pursuant to this section must state:
(a) The affiants name and address, and that the affiant is entitled by law to succeed to the property claimed;
(b) The date and place of death of the decedent;
(c) That the gross value of the decedents property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;
(d) That at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;
(e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid, have been paid or provided for;
(g) A description of the personal property and the portion claimed;
(h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiants claim and describing the property claimed, to every person whose right to succeed to the decedents property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;
(i) That the affiant is personally entitled, or the Department of Human Resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and
(j) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this state.
3. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.
(b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.
4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.
5. Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
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6. If any property of the estate not exceeding $20,000 is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:
(a) A specific description of all the property of the decedent.
(b) A list of all the liens and mortgages of record at the date of the decedents death.
(c) An estimate of the value of the property of the decedent.
(d) The names, ages of any minors, and residences of the decedents heirs and devisees.
(e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $20,000.
(f) An attached copy of the executed affidavit made pursuant to subsection 2.
If the court finds that the gross value of the estate does not exceed $20,000 and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.
Sec. 25. NRS 147.070 is hereby amended to read as follows:
147.070 1. A claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ..... day of ........).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the amount demanded to the knowledge of the claimant or other affiant.
2. Every claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by a personal representative to the claimant at the address furnished is proper notice.
3. When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.
4. The oath may be taken before any person authorized to administer oaths.
5. The amount of interest must be computed and included in the statement of the claim and the rate of interest determined.
6. Except as otherwise provided in subsection 7, the court may, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account, but an amendment may not be made to increase the amount of a claim after the time for filing a claim has expired.
7. The court shall allow the [Welfare Division of the] Department of Human Resources to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the [Division] Department identifies after the original claim has been filed.
Sec. 26. NRS 147.130 is hereby amended to read as follows:
147.130 1. If a claim is rejected by the personal representative or the court, in whole or in part, the claimant must be immediately notified by the personal representative, and the claimant must bring suit in the proper court against the personal representative within 60 days after the notice or file a timely petition for summary determination pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred.
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against the personal representative within 60 days after the notice or file a timely petition for summary determination pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred. A claimant must be informed of the rejection of the claim by written notice forwarded to the claimants mailing address by registered or certified mail.
2. If a claim filed by the [Welfare Division of the] Department of Human Resources is rejected by the personal representative, the [State Welfare Administrator] Director of the Department may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
3. In any action brought upon a claim rejected in whole or in part by the personal representative, if he resides out of the State or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself to avoid the service of summons, the summons, together with a copy of the complaint, must be mailed directly to the last address given by him, with a copy to the attorney for the estate, and proof of the mailing must be filed with the clerk where the administration of the estate is pending. This service is the equivalent of personal service upon the personal representative, but he has 30 days from the date of service within which to answer.
4. If the personal representative defaults after such service, the default is sufficient grounds for his removal as personal representative by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator or an administrator with the will annexed must be appointed by the court and, upon his qualification as such, letters of administration or letters of administration with the will annexed must be issued.
Sec. 27. NRS 155.020 is hereby amended to read as follows:
155.020 1. Notice of a petition for the probate of a will and the issuance of letters and the notice to creditors must be given to:
(a) The persons respectively entitled thereto, including the [State Welfare Administrator,] Director of the Department of Human Resources, as provided in NRS 155.010; and
(b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week, there must be at least 10 days from the first to last dates of publication, including both the first and last days.
2. Every publication required by this section must be made in a newspaper published in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.
3. The notice of the hearing upon the petition to administer the estate must be in substantially the following form:
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NOTICE OF THE HEARING UPON THE PETITION TO
ADMINISTER THE ESTATE
Notice is hereby given that ................................ has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ................................, deceased, and a hearing has been set for the .......... day of the month of................, of the year......, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate are notified to appear and show cause why the petition should not be granted.
Dated .............................................
4. As soon as practicable after appointment, a personal representative shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable as of the date of first publication of the notice and who have not already filed a claim. The notice must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as personal representative of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.
Dated .............................................
5. If before the last day for the filing of a creditors claim under NRS 147.040, the personal representative discovers the existence of a creditor who was not readily ascertainable at the time of first publication of the notice to creditors, the personal representative shall immediately mail a copy of the notice to the creditor.
Sec. 28. NRS 164.025 is hereby amended to read as follows:
164.025 1. The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to known or readily ascertainable creditors.
2. The notice must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.
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Dated..............................................
.........................................................
Trustee
.........................................................
Address
3. A person having a claim, due or to become due, against a settlor or the trust must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. Any claim against the trust estate not filed within that time is forever barred. After the expiration of the time, the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.
4. If the trustee knows or has reason to believe that the settlor received public assistance during his lifetime, the trustee shall, whether or not he gives notice to other creditors, give notice within 30 days after the death to the [Welfare Division of the] Department of Human Resources in the manner provided in NRS 155.010. If notice to the [Welfare Division] Department is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the [Welfare Division] Department to recover public assistance received.
5. If a claim is rejected by the trustee, in whole or in part, the trustee must, within 10 days [of] after the rejection, notify the claimant of the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the trustee within 60 days after the notice is given, whether the claim is due or not, or the claim is barred forever and the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor whose claim is barred forever.
Sec. 29. NRS 422.2725 is hereby repealed.
Sec. 30. Notwithstanding the provisions of sections 1, 3, 8 and 9 of this act that transfer the authority to adopt certain regulations from the State Welfare Administrator to the Director of the Department of Human Resources, any regulations adopted by the State Welfare Administrator pursuant to sections 3, 8 or 9 of this act before July 1, 2003, remain in effect and may be enforced by the Director of the Department of Human Resources until the Director adopts regulations to replace those regulations of the State Welfare Administrator.
Sec. 31. 1. This section and section 29 of this act become effective upon passage and approval.
2. Sections 1 to 28, inclusive, and 30 of this act become effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 888κ
Assembly Bill No. 448Committee on Judiciary
CHAPTER 170
AN ACT relating to domestic violence; clarifying the provisions governing an arrest involving a violation of an order for protection against domestic violence; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 33.070 is hereby amended to read as follows:
33.070 1. Every temporary or extended order must include a provision ordering any law enforcement officer to arrest an adverse party if the officer has probable cause to believe that the adverse party has violated any provision of the order. The law enforcement officer may make an arrest with or without a warrant and regardless of whether the violation occurs in his presence.
2. If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and order, he shall:
(a) Inform the adverse party of the specific terms and conditions of the order;
(b) Inform the adverse party that he now has notice of the provisions of the order and that a violation of the order will result in his arrest; and
(c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order.
3. Information concerning the terms and conditions of the order, the date and time of the notice provided to the adverse party and the name and identifying number of the officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
Sec. 2. NRS 171.124 is hereby amended to read as follows:
171.124 1. Except as otherwise provided in subsection 3 and NRS 33.070 and 33.320, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
κ2003 Statutes of Nevada, Page 889 (CHAPTER 170, AB 448)κ
2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appears that a felony or gross misdemeanor has not been committed.
3. An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 510Committee on Education
CHAPTER 171
AN ACT relating to education; requiring the State Board of Education to prescribe a course of study to prepare pupils to pass the high school proficiency examination; authorizing the boards of trustees of school districts to offer the course of study to pupils enrolled in high school; revising provisions governing the informational pamphlet concerning the high school proficiency examination to include certain information regarding preparation for the college entrance examinations; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Board shall prescribe, by regulation, a course of study that is designed to assist pupils enrolled in high school with passing the high school proficiency examination. The course of study must:
(a) Be consistent with the statewide program to prepare pupils for the high school proficiency examination established pursuant to NRS 389.0175; and
(b) Ensure the security and confidentiality of the high school proficiency examination in accordance with the plan for test security adopted by the Department pursuant to NRS 389.616.
2. The board of trustees of each school district may offer the course of study prescribed by the State Board pursuant to subsection 1 as an elective to pupils enrolled in high school in the school district.
Sec. 2. NRS 389.0173 is hereby amended to read as follows:
389.0173 1. The Department shall develop an informational pamphlet concerning the high school proficiency examination for pupils who are enrolled in junior high, middle school and high school, and their parents and legal guardians. The pamphlet must include a written explanation of the:
(a) Importance of passing the examination, including, without limitation, an explanation that if the pupil fails the examination he is not eligible to receive a standard high school diploma;
(b) Subject areas tested on the examination;
κ2003 Statutes of Nevada, Page 890 (CHAPTER 171, AB 510)κ
(c) Format for the examination, including, without limitation, the range of items that are contained on the examination;
(d) Manner by which the scaled score, as reported to pupils and their parents or legal guardians, is derived from the raw score;
(e) Timeline by which the results of the examination must be reported to pupils and their parents or legal guardians;
(f) Maximum number of times that a pupil is allowed to take the examination if he fails to pass the examination after the first administration; [and]
(g) Courses of study that the Department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the examination and pass the examination [.] ; and
(h) Courses of study which the Department recommends that pupils take in high school to successfully prepare for the college entrance examinations.
2. The Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as it considers necessary to ensure that pupils and their parents or legal guardians fully understand the examination.
3. On or before September 1, the Department shall provide a copy of the pamphlet or revised pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils enrolled in a junior high, middle school or high school grade level.
4. The board of trustees of each school district shall provide a copy of the pamphlet to each junior high, middle school or high school within the school district for posting. The governing body of each charter school shall ensure that a copy of the pamphlet is posted at the charter school. Each principal of a junior high, middle school, high school or charter school shall ensure that the teachers, counselors and administrators employed at the school fully understand the contents of the pamphlet.
5. On or before January 15, the:
(a) Board of trustees of each school district shall provide a copy of the pamphlet to each pupil who is enrolled in a junior high, middle school or high school of the school district and to the parents or legal guardians of such a pupil.
(b) Governing body of each charter school shall provide a copy of the pamphlet to each pupil who is enrolled in the charter school at a junior high, middle school or high school grade level and to the parents or legal guardians of such a pupil.
Sec. 3. 1. This section and section 2 of this act become effective on July 1, 2003.
2. Section 1 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on January 1, 2004, for all other purposes.
________
κ2003 Statutes of Nevada, Page 891κ
Assembly Bill No. 539Committee on Government Affairs
CHAPTER 172
AN ACT relating to governmental purchasing; clarifying the types of contracts into which a member of certain governing bodies may enter with the governing body; increasing the maximum dollar amount of supplies that a governing body may purchase each month from a member of the body in certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.155 is hereby amended to read as follows:
332.155 1. [No] Except as otherwise provided in NRS 281.230, 281.505 and 281.555, a member of the governing body may not be interested, directly or indirectly, in any contract entered into by the governing body, but the governing body may purchase supplies, not to exceed [$300] $1,500 in the aggregate in any 1 calendar month from a member of such governing body, when not to do so would be of great inconvenience due to a lack of any other local source.
2. An evaluator may not be interested, directly or indirectly, in any contract awarded by such governing body or its authorized representative.
3. A member of a governing body who furnishes supplies in the manner permitted by subsection 1 may not vote on the allowance of the claim for such supplies.
4. A violation of this section is a misdemeanor and, in the case of a member of a governing body, cause for removal from office.
Sec. 2. NRS 245.075 is hereby amended to read as follows:
245.075 1. Except as otherwise provided in NRS 281.230, 281.505, 281.555 [,] and 332.155, it is unlawful for any county officer to be interested in any contract made by him or be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.
2. Any contract made in violation of subsection 1 may be declared void at the instance of the county interested or of any other person interested in the contract except the officer prohibited from making or being interested in the contract.
3. Any person violating this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 3. NRS 268.384 is hereby amended to read as follows:
268.384 1. Except as otherwise provided in NRS 281.230, 281.505, 281.555 [,] and 332.155, it is unlawful for any city officer to be interested in any contract made by him, or to be a purchaser or interested, directly or indirectly, in any purchase of a sale made by him in the discharge of his official duties.
2. Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.
κ2003 Statutes of Nevada, Page 892 (CHAPTER 172, AB 539)κ
Sec. 4. NRS 281.230 is hereby amended to read as follows:
281.230 1. Except as otherwise provided in this section and NRS 218.605, 281.555 and 332.155, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other significant transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way directly interested or affected:
(a) State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees of state, county, municipal, district and township officers; and
(c) Officers and employees of quasi-municipal corporations.
2. A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.
4. A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281.501, shall disclose his interest in the contract and shall not vote on or advocate the approval of the contract.
5. A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:
(a) Where the commission, personal profit or compensation is $250 or more, for a category D felony as provided in NRS 193.130.
(b) Where the commission, personal profit or compensation is less than $250, for a misdemeanor.
6. A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.
Sec. 5. NRS 281.505 is hereby amended to read as follows:
281.505 1. Except as otherwise provided in this section [,] and NRS 281.555 and 332.155, a public officer or employee shall not bid on or enter into a contract between a governmental agency and any private business in which he has a significant pecuniary interest.
κ2003 Statutes of Nevada, Page 893 (CHAPTER 172, AB 539)κ
2. A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board or commission, may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.
4. A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281.501, shall disclose his interest in the contract and shall not vote on or advocate the approval of the contract.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 27Senator Wiener
CHAPTER 173
AN ACT relating to professions; creating the Board of Athletic Trainers; prescribing the powers and duties of the Board; requiring certain persons who engage in the practice of athletic training to be licensed by the Board; prescribing the requirements for such licenses; providing for the regulation of athletic trainers; providing a penalty; requiring the Board to hold hearings and make recommendations to the Legislature concerning the regulation of personal trainers and other fitness instructors; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
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 37, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 2.5 to 12.3, inclusive, of this act have the meanings ascribed to them in those sections.
κ2003 Statutes of Nevada, Page 894 (CHAPTER 173, SB 27)κ
Sec. 2.5. Assessment includes taking the medical history of a patient, visually inspecting the injured portion of the body and the associated structures, palpating the bony landmarks and soft tissue and applying special tests to systematically assess the pathology and extent of the injury or condition.
Sec. 3. Athlete means a natural person who:
1. Participates in an athletic activity conducted by:
(a) An intercollegiate athletic association or interscholastic athletic association; or
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. Participates in a recreational sport activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workouts that are supervised by coaches; and
(c) Has established schedules for competitive events or exhibitions.
Sec. 4. Athletic injury means an injury or athletic-related illness, or both, that a person sustains as a result of:
1. His participation in an athletic activity conducted by:
(a) An intercollegiate athletic association or interscholastic athletic association; or
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. His participation in a recreational sport activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workouts that are supervised by coaches; and
(c) Has established schedules for competitive events or exhibitions.
Sec. 5. Board means the Board of Athletic Trainers.
Sec. 6. Direction means an order issued by a physician to follow as a protocol, recommendation or oral order that is documented by the licensed athletic trainer or physician, or both.
Sec. 6.3. Disposition means the application of accepted management techniques to provide the appropriate care and resources concerning an athletic injury.
Sec. 6.5. Evaluation includes, without limitation, the use of joint range of motion, manual muscle tests, ligamentous stress tests, neurological tests and functional capacity assessments.
Sec. 6.7. Grade 5 joint mobilization means the movement of a joint beyond its physiological and capsular end point.
Sec. 7. Graduate student athletic trainer means a graduate student who:
1. Is enrolled in a graduate program of study approved by the Board; and
2. Engages in the practice of athletic training under the supervision of a licensed athletic trainer.
Sec. 7.5. Joint mobilization means a learned, skilled, passive movement of articulating surfaces of a person to relieve pain and restore functional movement of the articulating surfaces without pain to the person. The term does not include:
1. The diagnosis of a physical disability;
2. The massaging of the superficial soft tissues of the body;
κ2003 Statutes of Nevada, Page 895 (CHAPTER 173, SB 27)κ
3. The use of X rays or radium;
4. The use of electricity for cauterization or surgery;
5. Chiropractic adjustment as defined in NRS 634.014; or
6. Grade 5 joint mobilization.
Sec. 8. License means a license issued pursuant to the provisions of this chapter.
Sec. 9. Licensee means a person who has been issued a license as an athletic trainer pursuant to the provisions of this chapter.
Sec. 9.2. Management means the act of controlling or influencing an injury, illness or condition.
Sec. 9.4. Passive joint range of motion means any movement of an articulating surface of a person without the active assistance of that person, which is performed with equipment or by another person.
Sec. 9.6. Passive range of motion means any movement of a part of a person without the active assistance of that person, which is performed with equipment or by another person.
Sec. 9.8. Physician means:
1. A physician licensed pursuant to chapter 630 of NRS;
2. An osteopathic physician licensed pursuant to chapter 633 of NRS;
3. A homeopathic physician licensed pursuant to chapter 630A of NRS;
4. A chiropractic physician licensed pursuant to chapter 634 of NRS; or
5. A podiatric physician licensed pursuant to chapter 635 of NRS.
Sec. 10. 1. Practice of athletic training means:
(a) The prevention, recognition, assessment, management, treatment, disposition or reconditioning of the athletic injury of an athlete:
(1) Whose condition is within the professional preparation and education of the licensed athletic trainer; and
(2) That is performed under the direction of a physician;
(b) The organization and administration of programs of athletic training;
(c) The administration of an athletic training room;
(d) The provision of information relating to athletic training to members of the public; or
(e) Any combination of the activities described in paragraphs (a) to (d), inclusive.
2. The term does not include the diagnosis of a physical disability, massaging of the superficial soft tissues of the body or the use of X rays, radium or electricity for cauterization or surgery.
Sec. 10.3. Prevention means the application and implementation of physical conditioning programs, pre-participation screening and the monitoring of risk factors that may cause an athletic injury.
Sec. 10.5. Recognition means the application of visual, verbal or tactile skills to acknowledge the presence of an injury, illness or other condition with an understanding of the predisposing factors of injury and pathomechanics, which assists in the assessment of the injury, illness or other condition.
Sec. 10.7. Reconditioning means the application of practical and didactic knowledge and functional criteria to evaluate readiness for return to partial or full activities.
κ2003 Statutes of Nevada, Page 896 (CHAPTER 173, SB 27)κ
Sec. 11. Student athletic trainer means an undergraduate student who:
1. Is enrolled in an undergraduate program of study approved by the Board; and
2. Engages in the practice of athletic training under the supervision of a licensed athletic trainer.
Sec. 12. Supervision means clinical on-site direction given by a licensed athletic trainer to a student athletic trainer or graduate student athletic trainer who is in the direct line of sight and within hearing distance of the licensed athletic trainer.
Sec. 12.3. Treatment means the application of the necessary knowledge and skills to assess an injury, illness or other condition and provide appropriate care.
Sec. 13. The practice of athletic training is hereby declared to be a learned profession, affecting public health, safety and welfare, and subject to regulation to protect the public from the practice of athletic training by unqualified persons and from unprofessional conduct by persons who are licensed to engage in the practice of athletic training.
Sec. 14. A license issued pursuant to the provisions of this chapter is a revocable privilege, and the holder of the license does not acquire thereby any vested right.
Sec. 15. The provisions of this chapter do not apply to:
1. A person who is licensed pursuant to chapters 630 to 637, inclusive, or chapter 640 or 640A of NRS, when acting within the scope of that license.
2. A person who is employed by the Federal Government and engages in the practice of athletic training within the scope of that employment.
3. A person who is employed as an athletic trainer outside this state when engaging in the practice of athletic training within the scope of that employment in connection with an athletic event held in this state.
Sec. 16. 1. The Board of Athletic Trainers is hereby created.
2. The Governor shall appoint to the Board:
(a) Three members who:
(1) Are licensed as athletic trainers pursuant to the provisions of this chapter; and
(2) Have engaged in the practice of athletic training or taught or conducted research concerning the practice of athletic training for the 5 years immediately preceding their appointment;
(b) One member who is licensed as a physical therapist pursuant to chapter 640 of NRS and who is also licensed as an athletic trainer pursuant to this chapter; and
(c) One member who is a representative of the public.
3. Each member of the Board:
(a) Must be a resident of this state; and
(b) May not serve more than two consecutive terms.
4. After the initial terms, the members of the Board must be appointed to terms of 3 years.
5. A vacancy on the Board must be filled in the same manner as the original appointment.
6. The Governor may remove a member of the Board for incompetence, neglect of duty, moral turpitude or malfeasance in office.
κ2003 Statutes of Nevada, Page 897 (CHAPTER 173, SB 27)κ
7. No member of the Board may be held liable in a civil action for any act he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
8. The member of the Board who is a representative of the public shall not participate in preparing or grading any examination required by the Board.
Sec. 17. 1. For the appointment of any member to the Board pursuant to paragraph (a) of subsection 2 of section 16 of this act, the Nevada Athletic Trainers Association, or its successor organization, shall, at least 30 days before the beginning of a term of a member of the Board, or within 30 days after a position on the Board becomes vacant, submit to the Governor the names of not less than three persons or more than five persons who are qualified for membership on the Board for each such position. The Governor shall appoint new members or fill a vacancy from the list, or request a new list.
2. For the appointment of a member to the Board pursuant to paragraph (b) of subsection 2 of section 16 of this act, the Nevada Physical Therapists Association, or its successor organization, and the Nevada Athletic Trainers Association, or its successor organization, shall, at least 30 days before the beginning of a term of a member of the Board, or within 30 days after a position on the Board becomes vacant, jointly prepare and submit to the Governor a list of the names of not less than three persons or more than five persons who are qualified for membership on the Board for that position. The Governor shall appoint a new member or fill a vacancy from the list, or request a new list.
3. If the Nevada Athletic Trainers Association or the Nevada Physical Therapists Association, or the successor of any such organization, fails to submit nominations for a position on the Board within the periods prescribed in this section, the Governor may appoint any qualified person.
Sec. 18. 1. The Board shall:
(a) Elect from its members a Chairman at the first meeting of each year; and
(b) Meet at least three times each year at the call of the Chairman of the Board, or upon the written request of at least three members of the Board.
2. A majority of the members of the Board constitutes a quorum for the transaction of the business of the Board.
Sec. 19. 1. The Board shall prepare and maintain a separate list of:
(a) The licensees.
(b) The applicants for a license.
(c) The licensees whose licenses have been revoked or suspended within the preceding year.
2. The Board shall, upon request, disclose the information included in each list and may charge a fee for a copy of a list.
3. The Board shall:
(a) Prepare and maintain a record of its proceedings and transactions;
(b) Adopt a seal of which each court in this state shall take judicial notice; and
(c) Enforce the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 20. The Board shall adopt regulations to carry out the provisions of this chapter, including, without limitation, regulations that establish:
κ2003 Statutes of Nevada, Page 898 (CHAPTER 173, SB 27)κ
1. The passing grades for the examinations required by sections 26 and 27 of this act;
2. Appropriate criteria for determining whether an entity is an intercollegiate athletic association, interscholastic athletic association, professional athletic organization or amateur athletic organization;
3. The standards of practice for athletic trainers; and
4. The requirements for continuing education for the renewal of a license of an athletic trainer. The requirements must be at least equivalent to the requirements for continuing education for the renewal of a certificate of an athletic trainer issued by the National Athletic Trainers Association Board of Certification or its successor organization.
Sec. 21. A member of the Board, an employee of the Board or a person designated by the Board may inspect any office or facility where a person is engaged in the practice of athletic training to determine whether each person who is engaged in the practice of athletic training in that office or facility is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 22. 1. The Board may employ an Executive Secretary and any other persons necessary to carry out its duties.
2. The members of the Board are not entitled to receive a salary.
3. While engaged in the business of the Board, each member and 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. 23. The Board shall operate on the basis of a fiscal year beginning on July 1 and ending on June 30.
Sec. 24. 1. Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money that it receives. No part of the expenses of the Board may be paid from the State General Fund.
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 related to that disciplinary action and deposit the money from the fines and penalties 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 all money collected from the imposition of fines and penalties with the State Treasurer for credit to the State General Fund. If money has been deposited in the State General Fund pursuant to this subsection, 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. 25. 1. Except as otherwise provided in subsection 2, unless he has been issued a license as an athletic trainer by the Board pursuant to the provisions of this chapter, a person shall not:
(a) Engage in the practice of athletic training;
(b) Hold himself out as licensed or qualified to engage in the practice of athletic training; or
κ2003 Statutes of Nevada, Page 899 (CHAPTER 173, SB 27)κ
(c) Use in connection with his name any title, words, letters or other designation intended to imply or designate him as a licensed athletic trainer.
2. A student athletic trainer or graduate student athletic trainer may engage in the practice of athletic training while under the supervision of a licensed athletic trainer.
3. If the Board determines that a person has engaged, or is about to engage, in any act or practice that constitutes, or will constitute, a violation of the provisions of this section, the Board may make an application to an appropriate court for an order enjoining that act or practice, and upon a showing by the Board that the person has engaged, or is about to engage, in that act or practice, the court shall issue an injunction against that act or practice. Such an injunction does not prevent a criminal prosecution for that act or practice.
Sec. 26. 1. An applicant for a license as an athletic trainer must:
(a) Be of good moral character;
(b) Be a citizen of the United States or lawfully entitled to remain and work in the United States;
(c) Have at least a bachelors degree in a program of study approved by the Board;
(d) Submit an application on a form provided by the Board;
(e) Submit a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(f) Pay the fees prescribed by the Board pursuant to section 33 of this act; and
(g) Except as otherwise provided in subsection 2 and section 27 of this act, pass the examination prepared by the National Athletic Trainers Association Board of Certification or its successor organization.
2. An applicant who submits proof of his current certification as an athletic trainer by the National Athletic Trainers Association Board of Certification, or its successor organization, is not required to pass the examination required by paragraph (g) of subsection 1.
3. An applicant who fails the examination may not reapply for a license for at least 1 year after he submits his application to the Board.
Sec. 27. If the National Athletic Trainers Association Board of Certification, or its successor organization, if any, ceases to exist or ceases to prepare the examination required by section 26 of this act, the Board shall designate another appropriate national organization to prepare the test. If the Board determines that no such organization exists, the Board shall prepare or cause to be prepared a test which must be offered not less than two times each year.
Sec. 28. 1. In addition to any other requirements for the issuance or renewal of a license set forth in this chapter, an applicant for the issuance or renewal of a license to engage in the practice of athletic training must submit to the Board:
(a) The social security number of the applicant; and
(b) 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.
κ2003 Statutes of Nevada, Page 900 (CHAPTER 173, SB 27)κ
2. The Board shall include the persons social security number and 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 license; or
(b) A separate form prescribed by the Board.
3. A license to practice athletic training may not be issued or renewed by the Board if the applicant:
(a) Fails to submit his social security number required pursuant to subsection 1;
(b) Fails to submit the statement required pursuant to subsection 1; or
(c) 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 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. 29. 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 licensee, the Board shall deem the license to be suspended at the end of the 30th day after the date the court order was issued unless the Board receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license 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 licensee stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 30. 1. Except as otherwise provided in subsection 2, the Board shall issue a license as an athletic trainer, without examination, to an applicant who is licensed to engage in the practice of athletic training in another state, territory or possession of the United States, or the District of Columbia if the applicant submits to the Board:
(a) An application on a form prescribed by the Board; and
(b) The fees prescribed by the Board pursuant to section 33 of this act.
2. The Board shall not issue a license pursuant to this section unless the jurisdiction in which the applicant is licensed had requirements at the time the license was issued that the Board determines are substantially equivalent to the requirements for a license as an athletic trainer set forth in this chapter.
Sec. 31. Each person licensed to practice as an athletic trainer shall display his license conspicuously at each place where he engages in the practice of athletic training.
κ2003 Statutes of Nevada, Page 901 (CHAPTER 173, SB 27)κ
Sec. 31.5. 1. A person who is licensed as an athletic trainer shall not conduct an evaluation of an athletic injury or perform joint mobilization unless the person has earned at least a masters degree in athletic training or a comparable area of study, as determined by the Board.
2. A person who is licensed as an athletic trainer and has not earned a masters degree in athletic training or a comparable area of study, as determined by the Board, may perform passive range of motion or passive joint range of motion.
Sec. 32. 1. Each license to engage in the practice of athletic training expires on June 30 of each year and may be renewed if, before the license expires, the licensee submits to the Board:
(a) An application on a form prescribed by the Board;
(b) Proof of his completion of the requirements for continuing education prescribed by the Board pursuant to section 20 of this act; and
(c) The fee for the renewal of his license prescribed by the Board pursuant to section 33 of this act.
2. A license that expires pursuant to the provisions of this section may be restored if the applicant:
(a) Complies with the provisions of subsection 1;
(b) Submits to the Board proof of his ability to engage in the practice of athletic training; and
(c) Submits to the Board:
(1) The fee for the restoration of an expired license; and
(2) For each year that the license was expired, the fee for the renewal of a license prescribed by the Board pursuant to section 33 of this act.
3. If the Board determines that an applicant has not submitted satisfactory proof of his ability to engage in the practice of athletic training, the Board may require the applicant to:
(a) Pass an examination prescribed by the Board; and
(b) Engage in the practice of athletic training under the supervision of a person designated by the Board for a period prescribed by the Board.
Sec. 33. The Board shall, by regulation, prescribe the following fees which must not exceed:
Application for a license...................................................................... $250
Examination for a license...................................................................... 350
Application for a license without examination................................. 350
Annual renewal of a license................................................................... 350
Restoration of an expired license......................................................... 350
Issuance of a duplicate license................................................................ 50
Sec. 34. 1. The Board may refuse to issue a license to an applicant, or may take disciplinary action against a licensee, if, after notice and a hearing, the Board determines that the applicant or licensee:
(a) Has submitted false or misleading information to the Board or any agency of this state, any other state, the Federal Government or the District of Columbia;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;
(c) Has been convicted of a felony, a crime relating to a controlled substance or a crime involving moral turpitude;
κ2003 Statutes of Nevada, Page 902 (CHAPTER 173, SB 27)κ
(d) Is addicted to alcohol or any controlled substance;
(e) Has violated the provisions of NRS 200.5093 or 432B.220;
(f) Is guilty of gross negligence in his practice as an athletic trainer;
(g) Is not competent to engage in the practice of athletic training;
(h) Has failed to provide information requested by the Board within 60 days after he received the request;
(i) Has engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;
(j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this state;
(k) Has solicited or received compensation for services that he did not provide;
(l) If the licensee is on probation, has violated the terms of his probation; or
(m) Has terminated his professional services to a client in a manner that detrimentally affected that client.
2. The Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing:
(a) Refuse to issue a license to the applicant;
(b) Refuse to renew or restore the license of the licensee;
(c) Suspend or revoke the license of the licensee;
(d) Place the licensee on probation;
(e) Impose an administrative fine of not more than $5,000;
(f) Require the applicant or licensee to pay the costs incurred by the Board to conduct the investigation and hearing; or
(g) Impose any combination of actions set forth in paragraphs (a) to (f), inclusive.
Sec. 35. 1. The Board may conduct investigations and hold hearings to carry out its duties pursuant to the provisions of this chapter.
2. In such a hearing:
(a) Any member of the Board may administer oaths and examine witnesses; and
(b) The Board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of books and papers.
3. Each witness who is subpoenaed to appear before 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 any 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.
4. If any person fails to comply with the subpoena within 10 days after it is issued, the Chairman of the Board may petition a court of competent jurisdiction for an order of the court compelling compliance with the subpoena.
5. 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 to show cause why he has not complied with the subpoena.
κ2003 Statutes of Nevada, Page 903 (CHAPTER 173, SB 27)κ
subpoena. A certified copy of the order must be served upon the person subpoenaed.
6. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena. The failure of the person to obey the order is a contempt of the court that issued the order.
Sec. 36. 1. Any records or information obtained during the course of an investigation by the Board are confidential until the investigation is completed. Upon completion of the investigation, the records and information are public records if:
(a) Disciplinary action was taken by the Board as a result of the investigation; or
(b) The person who was investigated submits a written request to the Board asking that the information and records be made public records.
2. The provisions of this section do not prohibit the Board from cooperating with another licensing board or any agency that is investigating a licensee, including, without limitation, a law enforcement agency.
Sec. 37. 1. A person who violates any provision of this chapter is guilty of a gross misdemeanor and shall be punished by a fine of not more than $2,000 for each offense.
2. If the Board has reason to believe that a person has violated a provision of this chapter or a regulation adopted pursuant thereto, the Board shall report the facts to the district attorney of the county where the violation occurred, who may cause appropriate criminal proceedings to be brought against that person.
Sec. 38. NRS 622.010 is hereby amended to read as follows:
622.010 As used in this chapter, unless the context otherwise requires, occupational licensing board includes, without limitation:
1. The State Board of Architecture, Interior Design and Residential Design.
2. The State Board of Landscape Architecture.
3. The State Contractors Board.
4. The State Board of Professional Engineers and Land Surveyors.
5. The Board of Registered Environmental Health Specialists.
6. The Nevada State Board of Accountancy.
7. The Board of Medical Examiners.
8. The Board of Homeopathic Medical Examiners.
9. The Board of Dental Examiners of Nevada.
10. The State Board of Nursing.
11. The State Board of Osteopathic Medicine.
12. The Chiropractic Physicians Board of Nevada.
13. The State Board of Oriental Medicine.
14. The State Board of Podiatry.
15. The Nevada State Board of Optometry.
16. The Board of Dispensing Opticians.
17. The Board of Hearing Aid Specialists.
18. The Board of Examiners for Audiology and Speech Pathology.
19. The Nevada State Board of Veterinary Medical Examiners.
20. The State Board of Pharmacy.
21. The State Board of Physical Therapy Examiners.
22. The Board of Occupational Therapy.
κ2003 Statutes of Nevada, Page 904 (CHAPTER 173, SB 27)κ
23. The Board of Psychological Examiners.
24. The Board of Examiners for Marriage and Family Therapists.
25. The Board of Examiners for Social Workers.
26. The Board of Examiners for Alcohol and Drug Abuse Counselors.
27. The State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.
28. The State Barbers Health and Sanitation Board.
29. The State Board of Cosmetology.
30. The Real Estate Division of the Department of Business and Industry.
31. The Commissioner of Financial Institutions.
32. The Private Investigators Licensing Board.
33. The Health Division of the Department of Human Resources.
34. The Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.
35. The Certified Court Reporters Board of Nevada.
36. The Board of Athletic Trainers.
Sec. 39. NRS 629.031 is hereby amended to read as follows:
629.031 1. Provider of health care means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.
2. For the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.
Sec. 40. NRS 640.029 is hereby amended to read as follows:
640.029 This chapter does not apply to an occupational therapist , [or] occupational therapy assistant or athletic trainer who:
1. Is licensed to practice in this state;
2. Practices within the scope of that license; and
3. Does not represent that he is a physical therapist or physical therapists assistant, or that he practices physical therapy.
Sec. 41. NRS 640A.070 is hereby amended to read as follows:
640A.070 This chapter does not apply to a person:
1. Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640, 641, 641A or 641B of NRS, or sections 2 to 37, inclusive, of this act who practices within the scope of that license or certificate.
2. Employed by the Federal Government who practices occupational therapy within the scope of that employment.
3. Enrolled in an educational program approved by the Board which is designed to lead to a certificate or degree in occupational therapy, if he is designated by a title which clearly indicates that he is a student.
4. Obtaining the supervised experience necessary to satisfy the requirements of subsection 3 of NRS 640A.120.
5. Practicing occupational therapy in this state in association with an occupational therapist licensed pursuant to this chapter if the person:
(a) Practices in this state for not more than 45 days in a calendar year;
κ2003 Statutes of Nevada, Page 905 (CHAPTER 173, SB 27)κ
(b) Is licensed to practice occupational therapy in another state where the requirements for such a license are equivalent to the requirements of this chapter; and
(c) Meets the requirements for certification as an occupational therapist registered or certified occupational therapy assistant established by the American Occupational Therapy Certification Board.
Sec. 42. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:
(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:
(1) The local office of the Aging Services Division of the Department of Human Resources;
(2) A police department or sheriffs office;
(3) The countys office for protective services, if one exists in the county where the suspected action occurred; or
(4) A toll-free telephone service designated by the Aging Services Division of the Department of Human Resources; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Human Resources or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
3. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Human Resources.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.
κ2003 Statutes of Nevada, Page 906 (CHAPTER 173, SB 27)κ
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.
(g) Any employee of the Department of Human Resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the Aging Services Division of the Department of Human Resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Human Resources, must be forwarded to the Aging Services Division within 90 days after the completion of the report.
8. If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Human Resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 43. NRS 200.5095 is hereby amended to read as follows:
200.5095 1. Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.
2. A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation or isolation of older persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982; or
(c) To persons or agencies enumerated in subsection 3 of this section,
is guilty of a misdemeanor.
κ2003 Statutes of Nevada, Page 907 (CHAPTER 173, SB 27)κ
3. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person is available only to:
(a) A physician who is providing care to an older person who may have been abused, neglected, exploited or isolated;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation or isolation of the older person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person to the public agency is protected, and the legal guardian of the older person is not the person suspected of such abuse, neglect, exploitation or isolation;
(i) If the older person is deceased, the executor or administrator of his estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation or isolation; or
(j) The older person named in the report as allegedly being abused, neglected, exploited or isolated, if that person is not legally incompetent.
4. If the person who is reported to have abused, neglected, exploited or isolated an older person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, or sections 2 to 37, inclusive, of this act, information contained in the report must be submitted to the board that issued the license.
Sec. 44. 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, 628 to 644, inclusive, and [641C,] 654 and 656 of NRS and sections 2 to 37, 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 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.
2. A report of each such audit must be filed by the board or commission with the Legislative Auditor and the [Director] Chief of the Budget Division of the Department of Administration 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.
κ2003 Statutes of Nevada, Page 908 (CHAPTER 173, SB 27)κ
Commission. When the Legislative Commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 45. 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 37, 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.
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 37, 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. 46. NRS 353.005 is hereby amended to read as follows:
353.005 The provisions of this chapter do not apply to boards created pursuant to chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and sections 2 to 37, inclusive, of this act and the officers and employees thereof.
Sec. 47. NRS 353A.020 is hereby amended to read as follows:
353A.020 1. The Director, in consultation with the Committee and Legislative Auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:
(a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;
(b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;
(c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;
(d) A system of practices to be followed in the performance of the duties and functions of each agency; and
(e) An effective system of internal review.
2. The Director, in consultation with the Committee and Legislative Auditor, may modify the system whenever he considers it necessary.
κ2003 Statutes of Nevada, Page 909 (CHAPTER 173, SB 27)κ
3. Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.
4. For the purposes of this section, agency does not include:
(a) A board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 37, inclusive, of this act.
(b) The University and Community College System of Nevada.
(c) The Public Employees Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
Sec. 48. NRS 353A.025 is hereby amended to read as follows:
353A.025 1. The head of each agency shall periodically review the agencys system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.
2. On or before July 1 of each even-numbered year, the head of each agency shall report to the Director whether the agencys system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the Legislature.
3. For the purposes of this section, agency does not include:
(a) A board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 37, inclusive, of this act.
(b) The University and Community College System of Nevada.
(c) The Public Employees Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
4. The Director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:
(a) Director of the Legislative Counsel Bureau for transmittal to the:
(1) Senate Standing Committee on Finance; and
(2) Assembly Standing Committee on Ways and Means;
(b) Governor; and
(c) Legislative Auditor.
5. The report submitted by the Director pursuant to subsection 4 must include, without limitation:
(a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;
(b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and
(c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.
Sec. 49. NRS 353A.045 is hereby amended to read as follows:
353A.045 The Chief shall:
1. Report to the Director.
κ2003 Statutes of Nevada, Page 910 (CHAPTER 173, SB 27)κ
2. Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval. Such agencies must not include:
(a) A board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 37, inclusive, of this act.
(b) The University and Community College System of Nevada.
(c) The Public Employees Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
3. Provide a copy of the approved annual work plan to the Legislative Auditor.
4. In consultation with the Director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the Committee for its review and approval. Each plan for auditing must:
(a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and
(b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.
5. Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his findings.
6. Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.
7. Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:
(a) The adequacy of the internal accounting and administrative controls of the agency; and
(b) The efficiency and effectiveness of the management of the agency.
8. Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the Division becomes aware during the performance of an audit.
9. Adopt the standards of the Institute of Internal Auditors for conducting and reporting on audits.
10. Consult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.
11. Appoint a Manager of Internal Controls.
Sec. 50. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
κ2003 Statutes of Nevada, Page 911 (CHAPTER 173, SB 27)κ
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. A report must be made pursuant to subsection 1 by the following persons:
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this state;
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c) A coroner;
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e) A social worker and an administrator, teacher, librarian or counselor of a school;
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child;
(g) Any person licensed to conduct a foster home;
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect;
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met; and
(k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, approved youth shelter has the meaning ascribed to it in NRS 244.422.
4. A report may be made by any other person.
5. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings.
κ2003 Statutes of Nevada, Page 912 (CHAPTER 173, SB 27)κ
services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
Sec. 51. 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, and 656A of NRS [.] and sections 2 to 37, inclusive, of this act.
Sec. 52. Notwithstanding the provisions of sections 2 to 37, inclusive, of this act, a person who engages in the practice of athletic training is not required to be licensed as such pursuant to the provisions of this act before July 1, 2004.
Sec. 53. 1. Notwithstanding the provisions of sections 2 to 37, inclusive, of this act, a person may be licensed as an athletic trainer, if he is employed or otherwise working as an athletic trainer on October 1, 2003, he is qualified for a license as an athletic trainer pursuant to the provisions of subsection 2 and, before April 1, 2004, he submits to the Board of Athletic Trainers created pursuant to section 16 of this act:
(a) An application for a license on a form provided by the Board;
(b) The fee for the license prescribed by the Board pursuant to section 33 of this act; and
(c) The statement required pursuant to section 28 of this act unless after January 1, 2003, 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. An applicant is qualified for a license pursuant to this section as an athletic trainer if he:
(a) Is certified as an athletic trainer by the National Athletic Trainers Association Board of Certification;
(b) Has a bachelors degree in a course of study approved by the Board; or
(c) Has education, training, experience or other qualifications that the Board determines qualify him to engage in the practice of athletic training.
Sec. 54. 1. Notwithstanding the provisions of section 16 of this act, each athletic trainer who is appointed to the Board of Athletic Trainers to an initial term pursuant to subsection 2 is not required to be licensed pursuant to sections 2 to 37, inclusive, of this act, at the time of appointment but must be eligible for a license as such at the time of appointment.
2. As soon as practicable after October 1, 2003, the Governor shall appoint to the Board of Athletic Trainers:
(a) Two members whose terms expire on September 30, 2005; and
(b) Three members whose terms expire on September 30, 2006.
Sec. 55. 1. On or before January 1, 2004, the Board of Athletic Trainers shall:
κ2003 Statutes of Nevada, Page 913 (CHAPTER 173, SB 27)κ
(a) Identify the personal trainers and other fitness instructors in this state and establish a registry of the names and addresses of those personal trainers and other fitness instructors to provide notice of the time and place of the public hearings held by the Board pursuant to this section; and
(b) Hold not less than five public hearings for the purpose of establishing recommendations concerning the regulation of personal trainers and other fitness instructors in this state.
2. On or before January 15, 2005, the Board shall submit a report of its findings and recommendations concerning the regulation of personal trainers and other fitness instructors in this state to the 73rd Session of the Nevada Legislature. The recommendations may include, without limitation, appropriate:
(a) Educational qualifications and experience requirements for licensure;
(b) Fees for the issuance and renewal of licenses;
(c) Requirements for continuing education; and
(d) Grounds for disciplinary action.
Sec. 56. Sections 28 and 29 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:
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.
________
Senate Bill No. 36Committee on Human Resources and Facilities
CHAPTER 174
AN ACT relating to education; authorizing regional training programs for the professional development of teachers and administrators to facilitate access to information concerning issues related to suicide among pupils; providing that receipt of or access to such information does not create an additional duty; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a regional training program may facilitate and coordinate access to information by teachers and administrators concerning issues related to suicide among pupils. Such information must be offered for educational purposes only.
κ2003 Statutes of Nevada, Page 914 (CHAPTER 174, SB 36)κ
2. Receipt of or access to information pursuant to subsection 1 does not create a duty for any person in addition to those duties otherwise required in the course of his employment.
Sec. 2. NRS 391.500 is hereby amended to read as follows:
391.500 As used in NRS 391.500 to 391.556, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 391.504 and 391.508 have the meanings ascribed to them in those sections.
Sec. 3. This act becomes effective on July 1, 2003.
________
Senate Bill No. 62Committee on Human Resources and Facilities
CHAPTER 175
AN ACT relating to the University and Community College System of Nevada; requiring an institution within the University and Community College System of Nevada to provide electronic versions of instructional materials to students with print access disabilities under certain circumstances; requiring a publisher of such materials to provide the materials to an institution under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
Whereas, Congress, in passing the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, guaranteed Americans with disabilities access to public buildings and services and guaranteed reasonable accommodations to qualified students with disabilities; and
Whereas, In the 1995-1996 school year, approximately 6 percent of undergraduate students in the United States reported that they had a disability; and
Whereas, Print access disabilities present a significant disadvantage to students with such disabilities; and
Whereas, Improving the educational results of students with disabilities who are enrolled in postsecondary educational institutions is an essential mission of this state; and
Whereas, Ensuring opportunities for and the full participation of students with disabilities in higher education is a top priority in this state; and
Whereas, The State of Nevada and the University and Community College System of Nevada are dedicated to providing a quality postsecondary education to students with disabilities that meets the unique needs of such students; and
Whereas, The State of Nevada and the University and Community College System of Nevada are committed to working with publishers and other resources to ensure that students with disabilities receive instructional material in a timely manner and in a comprehensible format; and
Whereas, It is the policy of the State of Nevada that each textbook and other instructional material for higher education must be provided to students with disabilities in a comprehensible format when such a version of the textbook or other instructional material exists; now, therefore,THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
κ2003 Statutes of Nevada, Page 915 (CHAPTER 175, SB 62)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In the most timely manner practicable after receiving a written request for an electronic version of instructional material from a student with a print access disability, an institution shall provide to the student, at no cost, an electronic version of each requested instructional material that the institution determines is essential to the success of the student in a course of study offered by an institution of the System in which the student is enrolled.
2. If an institution receives a request for an electronic version of nonprinted instructional material from a student pursuant to subsection 1 to whom the institution would be required to provide an electronic version of the material pursuant to subsection 1 and an electronic version of the nonprinted instructional material is not currently available at the institution or at another institution of the System, the institution must contact the publisher of the nonprinted instructional material and request an electronic version of the nonprinted instructional material. If the publisher:
(a) Has an electronic version of the nonprinted instructional material, the publisher must provide the electronic version to the institution for distribution to the student; or
(b) Does not have an electronic version of the nonprinted instructional material, the institution must create and provide to the student an electronic version in the most timely manner practicable after the institution is notified by the publisher that the publisher does not have an electronic version of the nonprinted instructional material.
3. As used in this section:
(a) Institution means any university, state college or community college within the System.
(b) Instructional material means any published textbook and other published material that is used by students of the System. The term does not include nontextual mathematics and science materials unless, as determined by the Board of Regents, such materials are commercially available in a format that is compatible for use with equipment which is used by students of the System with print access disabilities to convert material into a format that provides them with the ability to have increased independent access to the material. The term includes, without limitation, nonprinted instructional material.
(c) Nonprinted instructional material means instructional material that is in a format other than print. The term does not include a website or Internet link that is associated with instructional material. The term includes, without limitation, instructional material that requires electronic equipment other than a computer or computer peripheral for the material to be used as a learning resource, such as a software program, videodisc, videotape and audiotape.
κ2003 Statutes of Nevada, Page 916 (CHAPTER 175, SB 62)κ
(d) Print access disability means a condition in which a persons independent reading of, reading comprehension of, or visual access to printed material is limited or reduced because of a sensory, neurological, cognitive, physical or psychiatric disability.
________
Senate Bill No. 72Committee on Judiciary
CHAPTER 176
AN ACT relating to conservation camps; authorizing the State Forester Firewarden of the Division of Forestry of the State Department of Conservation and Natural Resources to determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.231 is hereby amended to read as follows:
209.231 1. Any money received from the operation of any conservation camp established under this chapter or from the assignment of any crew of a conservation camp to the extent that the money is not used for salaries, overhead or operating expenses of any camp or crew [,] must be placed in the Division of Forestry Account.
2. The State Forester Firewarden, as Executive Head of the Division of Forestry of the State Department of Conservation and Natural Resources, may:
(a) Expend the money received pursuant to subsection 1 for:
(1) The renovation, repair or improvement of buildings and real property for any conservation camp.
(2) The acquisition of special clothing, tools and equipment , and payment of expenses directly related to work projects performed by a crew of a conservation camp such as, but not limited to, the costs of utilities and operation of equipment.
(b) Direct all activities in connection with any renovation, repair or improvement of buildings and real property for any conservation camp or work project of a conservation camp.
3. The State Forester Firewarden shall determine the amount of wages that must be paid to offenders who participate in conservation camps as provided in NRS 472.040.
Sec. 2. NRS 472.040 is hereby amended to read as follows:
472.040 1. The State Forester Firewarden shall:
(a) Supervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.
κ2003 Statutes of Nevada, Page 917 (CHAPTER 176, SB 72)κ
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d) Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
(g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firemen and award grants of money for those purposes to fire departments and educational institutions in this state.
(h) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.
2. The State Forester Firewarden in carrying out the provisions of this chapter may:
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.
(b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators.
(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor.
κ2003 Statutes of Nevada, Page 918 (CHAPTER 176, SB 72)κ
grantor. The title to the real property must be examined and approved by the Attorney General.
(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
3. The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.
Sec. 3. This act becomes effective on July 1, 2003.
________
Senate Bill No. 103Senators Tiffany, Cegavske, Amodei, Coffin, Hardy, McGinness, Nolan, OConnell, Rawson, Rhoads, Shaffer, Washington and Wiener
Joint Sponsors: Assemblymen Beers, Hettrick, Andonov, Hardy, Mabey, Parks and Weber
CHAPTER 177
AN ACT relating to counties; extending the time a county may lease real property of the county to a corporation for public benefit under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.284 is hereby amended to read as follows:
244.284 1. In addition to the powers conferred by NRS 450.500, the board of county commissioners may:
(a) Lease any of the real property of the county for a term not exceeding [30] 99 years; or
(b) Convey any of the real property of the county, except property of the county that is operated or occupied by the county fair and recreation board, without consideration,
if such real property is not needed for the public purposes of the county and is leased or conveyed to a corporation for public benefit, and the property is actually used for charitable or civic purposes.
2. A lease or conveyance pursuant to this section may be made on such terms and conditions as seem proper to the board of county commissioners.
3. If a corporation for public benefit to which property is conveyed pursuant to this section ceases to use the property for charitable or civic purposes, the property automatically reverts to the county.
4. As used in this section, corporation for public benefit has the meaning ascribed to it in NRS 82.021.
________
κ2003 Statutes of Nevada, Page 919κ
Senate Bill No. 122Senators Titus and Wiener
CHAPTER 178
AN ACT relating to malpractice; revising various provisions relating to filings and rates for certain insurers that issue policies of malpractice insurance; providing persons with the right to provide testimony at certain hearings before the Commissioner of Insurance under certain circumstances; establishing various requirements relating to policies of malpractice insurance; authorizing the Commissioner to protect essential medical specialties from certain adverse actions regarding policies of malpractice insurance; requiring the Commissioner to collect certain information and to conduct certain studies relating to policies of malpractice insurance; providing that certain information in certain settlement agreements must not be made confidential; providing penalties; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 686B.040 is hereby amended to read as follows:
686B.040 [The]
1. Except as otherwise provided in subsection 2, the Commissioner may by rule exempt any person or class of persons or any market segment from any or all of the provisions of NRS 686B.010 to 686B.1799, inclusive, if and to the extent that he finds their application unnecessary to achieve the purposes of those sections.
2. The Commissioner may not, by rule or otherwise, exempt an insurer from the provisions of NRS 686B.010 to 686B.1799, inclusive, with regard to insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient.
Sec. 2. NRS 686B.070 is hereby amended to read as follows:
686B.070 1. Every authorized insurer and every rate service organization licensed under NRS [686B.130] 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner all:
[1.] (a) Rates and proposed increases thereto;
[2.] (b) Forms of policies to which the rates apply;
[3.] (c) Supplementary rate information; and
[4.] (d) Changes and amendments thereof,
made by it for use in this state.
2. If an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:
(a) Capital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.
κ2003 Statutes of Nevada, Page 920 (CHAPTER 178, SB 122)κ
outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.
(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.
If the Commissioner determines that a filing includes any such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in part, to the extent that the proposed increase relies upon such a component.
Sec. 3. NRS 686B.090 is hereby amended to read as follows:
686B.090 1. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in NRS 686B.060. If an insurer has insufficient creditable loss experience, it may use rates and supplementary rate information prepared by a rate service organization, with modification for its own expense and loss experience.
2. An insurer may discharge its obligation under subsection 1 of NRS 686B.070 by giving notice to the Commissioner that it uses rates and supplementary rate information prepared by a designated rate service organization, with such information about modifications thereof as are necessary fully to inform the Commissioner. The insurers rates and supplementary rate information shall be deemed those filed from time to time by the rate service organization, including any amendments thereto as filed, subject [, however,] to the modifications filed by the insurer.
Sec. 4. NRS 686B.110 is hereby amended to read as follows:
686B.110 1. The Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 [,] or subsection 2 of NRS 686B.070, he shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal no later than 60 days after it is determined by him to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.
2. Whenever an insurer has no legally effective rates as a result of the Commissioners disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.
3. If the Commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:
(a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or
(b) Within a period agreed upon by the insurer and the Commissioner.
If the hearing is not held within the period specified in paragraph (a) or (b), or if the Commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.
κ2003 Statutes of Nevada, Page 921 (CHAPTER 178, SB 122)κ
for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.
4. The Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.
Sec. 5. NRS 686B.115 is hereby amended to read as follows:
686B.115 1. Any hearing held by the Commissioner to determine whether rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive, must be open to members of the public.
2. All costs for transcripts prepared pursuant to such a hearing must be paid by the insurer requesting the hearing.
3. At any hearing which is held by the Commissioner to determine whether rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive, and which involves rates for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, if a person is not otherwise authorized pursuant to this title to become a party to the hearing by intervention, the person is entitled to provide testimony at the hearing if, not later than 2 days before the date set for the hearing, the person files with the Commissioner a written statement which states:
(a) The name and title of the person;
(b) The interest of the person in the hearing; and
(c) A brief summary describing the purpose of the testimony the person will offer at the hearing.
4. If a person provides testimony at a hearing in accordance with subsection 3:
(a) The Commissioner may, if he finds it necessary to preserve order, prevent inordinate delay or protect the rights of the parties at the hearing, place reasonable limitations on the duration of the testimony and prohibit the person from providing testimony that is not relevant to the issues raised at the hearing.
(b) The Commissioner shall consider all relevant testimony provided by the person at the hearing in determining whether the rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive.
Sec. 6. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 16, inclusive, of this act.
Sec. 7. As used in sections 7 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. Claims-made policy means a policy of professional liability insurance that provides coverage only for claims that arise from incidents or events which occur while the policy is in force and which are reported to the insurer while the policy is in force.
Sec. 9. Extended reporting endorsement means an endorsement to a claims-made policy which requires the payment of a separate premium and which provides coverage for claims that arise from incidents or events which occur while the claims-made policy is in force but which are reported to the insurer after the claims-made policy is terminated.
κ2003 Statutes of Nevada, Page 922 (CHAPTER 178, SB 122)κ
which occur while the claims-made policy is in force but which are reported to the insurer after the claims-made policy is terminated.
Sec. 10. Practitioner means a practitioner who provides health care and who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 11. Professional liability insurance means a policy of insurance covering the liability of a practitioner for a breach of his professional duty toward a patient.
Sec. 12. If an insurer offers to issue a claims-made policy to a practitioner, the insurer shall:
1. Offer to issue an extended reporting endorsement to the practitioner; and
2. Disclose to the practitioner the cost formula that the insurer uses to determine the premium for the extended reporting endorsement. The cost formula must be based on:
(a) An amount that is not more than twice the amount of the premium for the claims-made policy at the time of the termination of that policy; and
(b) The rates filed by the insurer and approved by the Commissioner.
Sec. 13. 1. Except as otherwise provided in this section, if an insurer issues a policy of professional liability insurance to a practitioner who delivers one or more babies per year, the insurer shall not set the premium for the policy at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner who delivers one or more babies per year if the difference in rates is based in whole or in part upon the number of babies delivered per year by the practitioner.
2. If an insurer issues a policy of professional liability insurance to a practitioner who delivers one or more babies per year, the insurer may set the premium for the policy at a rate that is different, based in whole or in part upon the number of babies delivered per year by the practitioner, from the rate set for such a policy issued by the insurer to any other practitioner who delivers one or more babies per year if the insurer:
(a) Bases the difference upon actuarial and loss experience data available to the insurer; and
(b) Obtains the approval of the Commissioner for the difference in rates.
3. The provisions of this section do not prohibit an insurer from setting the premium for a policy of professional liability insurance issued to a practitioner who delivers one or more babies per year at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner who delivers one or more babies per year if the difference in rates is based solely upon factors other than the number of babies delivered per year by the practitioner.
Sec. 14. 1. On or before April 1 of each year, the Commissioner shall:
(a) Determine whether there are any medical specialties in this state which are essential as a matter of public policy and which must be protected pursuant to this section from certain adverse actions relating to professional liability insurance that may impair the availability of those essential medical specialties to the residents of this state; and
(b) Make a list containing the essential medical specialties designated by the Commissioner and provide the list to each insurer that issues policies of professional liability insurance to practitioners who are practicing in one or more of the essential medical specialties.
κ2003 Statutes of Nevada, Page 923 (CHAPTER 178, SB 122)κ
2. If an insurer intends to cancel, terminate or otherwise not renew a specific policy of professional liability insurance that it has issued to a practitioner who is practicing in one or more of the essential medical specialties designated by the Commissioner:
(a) The insurer must provide 120 days notice to the practitioner before its intended action becomes effective; and
(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that a replacement policy is not readily available to the practitioner.
3. If an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to practitioners who are practicing in one or more of the essential medical specialties designated by the Commissioner:
(a) The insurer must provide 120 days notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective; and
(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that replacement policies are not readily available to the practitioners.
4. The Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.
5. Until the Commissioner determines which, if any, medical specialties are to be designated as essential medical specialties, the following medical specialties shall be deemed to be essential medical specialties for the purposes of this section:
(a) Emergency medicine.
(b) Neurosurgery.
(c) Obstetrics and gynecology.
(d) Orthopedic surgery.
(e) Pediatrics.
(f) Trauma surgery.
Sec. 15. 1. The Commissioner shall collect all information which is pertinent to monitoring whether an insurer that issues professional liability insurance is complying with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Such information must include, without limitation:
(a) The amount of gross premiums collected with regard to each medical specialty;
(b) Information relating to loss ratios;
(c) Information reported pursuant to NRS 690B.045; and
(d) Information reported pursuant to NRS 679B.430 and 679B.440.
2. In addition to the information collected pursuant to subsection 1, the Commissioner may request any additional information from an insurer:
(a) Whose rates and credit utilization are materially different from other insurers in the market for professional liability insurance in this state;
(b) Whose credit utilization shows a substantial change from the previous year; or
κ2003 Statutes of Nevada, Page 924 (CHAPTER 178, SB 122)κ
(c) Whose information collected pursuant to subsection 1 indicates a potentially adverse trend.
3. If the Commissioner requests additional information from an insurer pursuant to subsection 2, the Commissioner shall:
(a) Determine whether the additional information offers a reasonable explanation for the results described in paragraphs (a), (b) or (c) of subsection 2; and
(b) Take any steps permitted by law that are necessary and appropriate to assure the ongoing stability of the market for professional liability insurance in this state.
4. On an ongoing basis, the Commissioner shall:
(a) Analyze and evaluate the information collected pursuant to this section to determine trends in and measure the health of the market for professional liability insurance in this state; and
(b) Prepare and submit a report of his findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to members of the Legislature on or before November 15 of each year.
Sec. 16. 1. If an agreement settles a claim or action against a practitioner for a breach of his professional duty toward a patient, the following terms of the agreement must not be made confidential:
(a) The names of the parties;
(b) The date of the incidents or events giving rise to the claim or action;
(c) The nature of the claim or action as set forth in the complaint and the answer that is filed with the district court; and
(d) The effective date of the agreement.
2. Any provision of an agreement to settle a claim or action that conflicts with this section is void.
Sec. 17. 1. The Commissioner of Insurance shall conduct a study to determine whether legislation enacting tort reform has benefited or will benefit the market for professional liability insurance in this state. On or before February 1, 2005, the Commissioner shall prepare a report that contains the findings of the study and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 73rd Session of the Nevada Legislature.
2. If the constitutionality of any legislation enacting tort reform is upheld by the Nevada Supreme Court, the Commissioner shall:
(a) Not later than 60 days after the date of the decision of the Nevada Supreme Court, obtain from each insurer that is offering professional liability insurance in this state a rating plan that describes the extent to which the insurer will incorporate the expected decrease in loss costs into its premiums for professional liability insurance;
(b) Review and evaluate each such rating plan to determine whether the rating plan is reasonable;
(c) Prepare a report which summarizes the rating plans and the evaluations made by the Commissioner and which contains recommendations as to whether the rating plans should be implemented; and
(d) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Nevada Legislature following submission of the report.
κ2003 Statutes of Nevada, Page 925 (CHAPTER 178, SB 122)κ
3. As used in this section, professional liability insurance means a policy of insurance covering the liability of a practitioner who provides health care for a breach of his professional duty toward a patient.
Sec. 18. 1. The provisions of sections 12 and 13 of this act apply only to a policy of professional liability insurance, as defined in section 11 of this act, which is offered, issued or renewed on or after October 1, 2003.
2. The provisions of section 16 of this act apply only to a cause of action which accrues on or after October 1, 2003.
Sec. 19. This act becomes effective:
1. Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2003, for all other purposes.
________
Senate Bill No. 123Senator Titus
Joint Sponsor: Assemblyman Parks
CHAPTER 179
AN ACT relating to campaign practices; prohibiting public officers and employees from requesting or otherwise causing state and local governments to, under certain circumstances, make an expenditure to support or oppose a ballot question or a candidate; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 4 and 5, a public officer or employee shall not request or otherwise cause a governmental entity to incur an expense or make an expenditure to support or oppose:
(a) A ballot question.
(b) A candidate.
2. For the purposes of paragraph (b) of subsection 1, an expense incurred or an expenditure made by a governmental entity shall be considered an expense incurred or an expenditure made in support of a candidate if:
(a) The expense is incurred or the expenditure is made for the creation or dissemination of a pamphlet, brochure, publication, advertisement or television programming that prominently features the activities of a current public officer of the governmental entity who is a candidate for a state, local or federal elective office; and
(b) The pamphlet, brochure, publication, advertisement or television programming described in paragraph (a) is created or disseminated during the period specified in subsection 3.
κ2003 Statutes of Nevada, Page 926 (CHAPTER 179, SB 123)κ
3. The period during which the provisions of subsection 2 apply to a particular governmental entity begins when a current public officer of that governmental entity files a declaration of candidacy or acceptance of candidacy and ends on the date of the general election, general city election or special election for the office for which the current public officer of the governmental entity is a candidate.
4. The provisions of this section do not prohibit the creation or dissemination of, or the appearance of a candidate in or on, as applicable, a pamphlet, brochure, publication, advertisement or television programming that:
(a) Is made available to the public on a regular basis and merely describes the functions of:
(1) The public office held by the public officer who is the candidate; or
(2) The governmental entity by which the public officer who is the candidate is employed; or
(b) Is created or disseminated in the course of carrying out a duty of:
(1) The public officer who is the candidate; or
(2) The governmental entity by which the public officer who is the candidate is employed.
5. The provisions of this section do not prohibit an expense or an expenditure incurred to create or disseminate a television program that provides a forum for discussion or debate regarding a ballot question, if persons both in support of and in opposition to the ballot question participate in the television program.
6. As used in this section:
(a) Governmental entity means:
(1) The government of this state;
(2) An agency of the government of this state;
(3) A political subdivision of this state; and
(4) An agency of a political subdivision of this state.
(b) Pamphlet, brochure, publication, advertisement or television programming includes, without limitation, a publication, a public service announcement and any programming on a television station created to provide community access to cable television. The term does not include:
(1) A press release issued to the media by a governmental entity; or
(2) The official website of a governmental entity.
(c) Political subdivision means a county, city or any other local government as defined in NRS 354.474.
Sec. 2. NRS 281.431 is hereby amended to read as follows:
281.431 As used in NRS 281.411 to 281.581, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4375, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 293.725 is hereby repealed.
________
κ2003 Statutes of Nevada, Page 927κ
Senate Bill No. 124Senator Titus
CHAPTER 180
AN ACT relating to corporations; requiring certain corporations to provide certain information at the time of filing the list of officers and directors and to pay a fee under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:
1. At the time of submitting any list required pursuant to NRS 78.150, a corporation that meets the criteria set forth in subsection 2 must submit:
(a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
2. A corporation must submit a statement pursuant to this section if the corporation, including its parent and all subsidiaries:
(a) Holds 25 percent or more of the share of the market within this state for any product sold or distributed by the corporation within this state; and
(b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the corporation, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
(2) Which resulted in the corporation being fined or otherwise penalized or which resulted in the corporation being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3. A corporation that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a) The jurisdiction in which the investigation was commenced.
(b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
κ2003 Statutes of Nevada, Page 928 (CHAPTER 180, SB 124)κ
holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4. The fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec. 2. NRS 78.150 is hereby amended to read as follows:
78.150 1. A corporation organized pursuant to 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 the president, secretary, treasurer and of all the directors of the corporation;
(d) The mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director;
(e) The name and street address of the resident agent of the corporation; and
(f) 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 annual list containing all of the information required in subsection 1.
3. Each list required by subsection 1 or 2 must be accompanied by [a] :
(a) A declaration under penalty of perjury that the corporation has complied with the provisions of chapter 364A of NRS.
(b) A statement as to whether the corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on his Internet website the Central Index Key of a corporation provided pursuant to this paragraph and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.
4. Upon filing the list required by:
(a) Subsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b) Subsection 2, the corporation shall pay to the Secretary of State a fee of $85.
5. The Secretary of State shall, 60 days before the last day for filing each 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 section 1 of this act and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.
6. 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 4 or 8 is not paid, the Secretary of State may return the list for correction or payment.
7. 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 and must be accompanied by a fee of $85 for filing.
κ2003 Statutes of Nevada, Page 929 (CHAPTER 180, SB 124)κ
an amended list for the previous year and must be accompanied by a fee of $85 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.
8. 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. 3. NRS 78.170 is hereby amended to read as follows:
78.170 1. Each corporation which is required to make a filing and pay the fee prescribed in NRS 78.150 to 78.185, inclusive, and section 1 of this act and which refuses or neglects to do so within the time provided shall be deemed in default.
2. For default there must be added to the amount of the fee a penalty of $50. The fee and penalty must be collected as provided in this chapter.
Sec. 4. Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:
1. At the time of submitting any list required pursuant to NRS 80.110, a corporation that meets the criteria set forth in subsection 2 must submit:
(a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
2. A corporation must submit a statement pursuant to this section if the corporation, including its parent and all subsidiaries:
(a) Holds 25 percent or more of the share of the market within this state for any product sold or distributed by the corporation within this state; and
(b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the corporation, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
(2) Which resulted in the corporation being fined or otherwise penalized or which resulted in the corporation being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3. A corporation that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a) The jurisdiction in which the investigation was commenced.
(b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
κ2003 Statutes of Nevada, Page 930 (CHAPTER 180, SB 124)κ
the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4. The fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec. 5. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this state shall, on or before the first day of the second month after the filing of its certificate of corporate existence with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a) The names of its president, secretary and treasurer , or [their equivalent,] the equivalent thereof, and all of its directors;
(b) A designation of its resident agent in this state; and
(c) The signature of an officer of the corporation.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the foreign corporation has complied with the provisions of chapter 364A of NRS. Each list filed pursuant to this subsection must also be accompanied by a statement as to whether the corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on his Internet website the Central Index Key of a corporation provided pursuant to this subsection and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.
2. Upon filing:
(a) The initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b) Each annual list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $85.
3. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and section 4 of this act and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive [.] , and section 4 of this act.
4. 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 and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 6. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation which is required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, and section 4 of this act and which refuses or neglects to do so within the time provided [,] is in default.
2. For default there must be added to the amount of the fee a penalty of $50, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state.
κ2003 Statutes of Nevada, Page 931 (CHAPTER 180, SB 124)κ
before the first day of the ninth month following the month in which filing was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
________
Senate Bill No. 134Senator Care
CHAPTER 181
AN ACT relating to gaming; repealing the prohibition on the assignment of the right to periodic payments of winnings from gaming; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.3669 is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 139Senator Townsend
CHAPTER 182
AN ACT relating to real estate; making various changes to provisions governing certain real estate practices; revising provisions governing property management agreements; revising provisions which require real estate broker-salesmen and real estate salesmen to disclose in certain advertisements the name of the brokerage with whom they are associated; revising provisions relating to brokerage agreements which provide for exclusive agency representation; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
Property management agreement means a written contract between a client and a broker in which the broker agrees to accept valuable consideration from the client or another person for providing property management for the client.
Sec. 2. NRS 645.0005 is hereby amended to read as follows:
645.0005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
κ2003 Statutes of Nevada, Page 932 (CHAPTER 182, SB 139)κ
Sec. 3. NRS 645.005 is hereby amended to read as follows:
645.005 Brokerage agreement means an oral or written contract between a client and a [licensee] broker in which the [licensee] broker agrees to accept valuable consideration from the client or another person for assisting, soliciting or negotiating the sale, purchase, option, rental or lease of real property. The term does not include a property management agreement.
Sec. 4. NRS 645.009 is hereby amended to read as follows:
645.009 Client means a person who has entered into a brokerage agreement with a [licensee.] broker or a property management agreement with a broker.
Sec. 5. NRS 645.019 is hereby amended to read as follows:
645.019 Property management means the physical, administrative or financial maintenance and management of real property, or the supervision of such activities for a fee, commission or other compensation or valuable consideration, pursuant to a [brokerage] property management agreement.
Sec. 6. NRS 645.315 is hereby amended to read as follows:
645.315 1. In any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall:
(a) If [he] the licensee is a real estate broker, disclose the name of any brokerage under which [he] the licensee does business; or
(b) If [he] the licensee is a real estate broker-salesman or real estate salesman, disclose the name of the [broker] brokerage with whom [he] the licensee is associated.
2. [A] If a licensee is a real estate broker-salesman or real estate salesman , the licensee shall not advertise solely under [his] the licensees own name when acting in the capacity as a broker-salesman or salesman. All such advertising must be done under the direct supervision of and in the name of the [broker] brokerage with whom the [broker-salesman or salesman] licensee is associated.
Sec. 7. NRS 645.320 is hereby amended to read as follows:
645.320 Every brokerage agreement which includes a provision for an exclusive [listing] agency representation must:
1. Be in writing.
2. Have set forth in its terms a definite, specified and complete termination.
3. Contain no provision which requires the client who signs the brokerage agreement to notify the real estate broker of his intention to cancel the exclusive features of [that listing] the brokerage agreement after the termination of the [listing.] brokerage agreement.
4. Be signed by both the client or his authorized representative and the [listing agent] broker or his authorized representative in order to be enforceable.
Sec. 8. NRS 645.6056 is hereby amended to read as follows:
645.6056 1. A real estate broker who holds a permit to engage in property management shall not act as a property manager unless the broker has first obtained a [written brokerage] property management agreement signed by the broker and the client for whom the broker will manage the property.
2. A [brokerage agreement for] property management agreement must include, without limitation:
κ2003 Statutes of Nevada, Page 933 (CHAPTER 182, SB 139)κ
(a) The term of the agreement [;] and, if the agreement is subject to renewal, provisions clearly setting forth the circumstances under which the agreement may be renewed and the term of each such renewal;
(b) A provision for the retention and disposition of deposits of the tenants of the property during the term of the agreement [;] and, if the agreement is subject to renewal, during the term of each such renewal;
(c) The fee or compensation to be paid to the broker; [and]
(d) The extent to which the broker may act as the agent of the client [.] ; and
(e) If the agreement is subject to cancellation, provisions clearly setting forth the circumstances under which the agreement may be cancelled. The agreement may authorize the broker or the client, or both, to cancel the agreement with cause or without cause, or both, under the circumstances set forth in the agreement.
Sec. 9. NRS 645.630 is hereby amended to read as follows:
645.630 The Commission may require a licensee, property manager or owner-developer to pay an administrative fine of not more than $5,000 for each violation he commits or suspend, revoke, deny the renewal of or place conditions upon his license, permit or registration, or impose any combination of those actions, at any time if the licensee, property-manager or owner-developer has, by false or fraudulent representation, obtained a license, permit or registration, or the licensee, property manager or owner-developer, whether or not acting as such, is found guilty of:
1. Making any material misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.
4. Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.
5. Failing to maintain, for review and audit by the Division, each brokerage agreement and property management agreement governed by the provisions of this chapter and entered into by the licensee.
6. Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.
7. If he is required to maintain a trust account:
(a) Failing to balance the trust account at least monthly; and
(b) Failing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.
8. Commingling the money or other property of his clients with his own or converting the money of others to his own use.
9. In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.
10. Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.
κ2003 Statutes of Nevada, Page 934 (CHAPTER 182, SB 139)κ
11. Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.
12. Inducing any party to a brokerage agreement, property management agreement, agreement of sale or lease to break it in order to substitute a new brokerage agreement, property management agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.
If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the [Board.] Division.
Sec. 10. NRS 645.633 is hereby amended to read as follows:
645.633 1. The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
(a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
(b) Violating any order of the Commission, any agreement with the Division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted [thereunder.] pursuant thereto.
(c) Paying a commission, compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
(d) A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.
(e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
(f) Failure to include a fixed date of expiration in any written brokerage agreement or failure to leave a copy of [the] such a brokerage agreement or any property management agreement with the client.
(g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.
(h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
(i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.
(j) Any conduct which took place before he became licensed, which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.
(k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
(l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.
κ2003 Statutes of Nevada, Page 935 (CHAPTER 182, SB 139)κ
2. The Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
3. The Commission may take action pursuant to NRS 645.630 against any person who:
(a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and
(b) In connection with any property for which the person has obtained a [written brokerage agreement to manage the] property management agreement pursuant to NRS 645.6056:
(1) Is convicted of violating any of the provisions of NRS 202.470;
(2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or
(3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the persons duties pursuant to the [written brokerage] property management agreement.
4. The Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.
5. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 4; and
(b) Any disciplinary actions taken by the Commission pursuant to subsection 3.
________
Senate Bill No. 148Committee on Government Affairs
CHAPTER 183
AN ACT relating to the Legislature; providing for joint legislative requesters on the list of requests for the preparation of legislative measures published by the Legislative Counsel; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.2475 is hereby amended to read as follows:
218.2475 1. On July 1 preceding each regular session of the Legislature, and each week thereafter until the adjournment of the Legislature sine die, the Legislative Counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the Legislature.
κ2003 Statutes of Nevada, Page 936 (CHAPTER 183, SB 148)κ
the Legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the Legislative Counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in [subsection 3,] subsections 3 and 4, the list must only contain the name of each requester, the date and a brief summary of the request.
2. The Legislative Counsel Bureau shall make copies of the list available to the public for a reasonable sum fixed by the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
3. In preparing the list, the Legislative Counsel shall:
(a) Not include the name of the Legislator who has requested the preparation of a measure until:
(1) The particular measure is introduced in the Legislature; or
(2) The Legislator requests that his name be disclosed as the requester of the measure,
whichever occurs first.
(b) If a standing or special committee of the Legislature requests a measure on behalf of a Legislator or organization, include the name of the standing or special committee and the name of the Legislator or organization on whose behalf the measure was originally requested.
4. Upon the request of a Legislator who has requested the preparation of a measure and requested that his name be disclosed pursuant to subsection 3, the Legislative Counsel shall add the name of one or more Legislators from either or both houses of the Legislature as joint requesters. The Legislative Counsel shall not add the name of a joint requester to the list until he has received confirmation of the joint request from the primary requester of the measure and from the Legislator to be added as a joint requester. The Legislative Counsel shall remove the name of a joint requester upon receipt of a request to do so made by the primary requester or the joint requester. The names must appear on the list in the order in which the names were received by the Legislative Counsel beginning with the primary requester. The Legislative Counsel shall not act upon the direction of a joint requester to withdraw the requested measure or modify its substance until the Legislative Counsel has received confirmation of the withdrawal or modification from the primary requester. For the purposes of all limitations on the number of legislative measures that may be requested by a Legislator, a legislative measure with joint requesters must only be counted as a request of the primary requester.
________
κ2003 Statutes of Nevada, Page 937κ
Senate Bill No. 150Committee on Human Resources and Facilities
CHAPTER 184
AN ACT relating to school property; authorizing a school district to sell or lease certain real property for less than the appraised value under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 393.240 is hereby amended to read as follows:
393.240 1. Except as otherwise provided in this section and NRS 393.3251 to 393.3255, inclusive, if the board of trustees proposes to sell or lease any real property, the board shall appoint one appraiser. A second appraiser must be appointed by the Superintendent of Public Instruction.
2. The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
3. [No] Except as otherwise provided in this section and NRS 393.270, no sale or lease of real property may be made for less than the value fixed by the appraisers, but this requirement does not apply to a conveyance without charge to another political subdivision.
4. The compensation of each appraiser appointed pursuant to the provisions of this section must be fixed by the board of trustees, and is a legal charge against the school district fund.
5. The board of trustees may sell real property without an independent appraisal if the property is reasonably determined by the board to have a fair market value of $5,000 or less.
6. If the board of trustees proposes to sell a house or other structure that is built by pupils enrolled in a program of instruction offered by a public school in the school district, the report concerning the cash market value of the house or other structure required to be submitted to the board of trustees pursuant to the provisions of subsection 2 must be prepared and submitted by an appraiser appointed by the board.
Sec. 2. NRS 393.270 is hereby amended to read as follows:
393.270 1. Except as otherwise provided in NRS 393.247, at the time and place fixed in the resolution for the meeting of the board of trustees, each sealed proposal that has been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
2. If the real property is subject to the requirement of an independent appraisal pursuant to NRS 393.240 and the board of trustees does not receive a bid that is at least equal to the cash market value of the property as determined by the appraisers, the board of trustees may, at the session held pursuant to subsection 1 or in an open meeting of the board of trustees held pursuant to NRS 393.250, amend the resolution, including, without limitation, setting a time, not less than 3 weeks thereafter, for another public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will again be received and considered.
κ2003 Statutes of Nevada, Page 938 (CHAPTER 184, SB 150)κ
held pursuant to subsection 1 or in an open meeting of the board of trustees held pursuant to NRS 393.250, amend the resolution, including, without limitation, setting a time, not less than 3 weeks thereafter, for another public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will again be received and considered. If the board of trustees adopts an amended resolution pursuant to this subsection, the board shall notice the amended resolution pursuant to NRS 393.260 and proceed in accordance with the provisions of subsection 1.
3. If the board of trustees, upon opening the proposals received pursuant to the amended resolution, does not receive a bid that is at least equal to the cash market value of the property as determined by the appraisers, the board of trustees may, at the session held pursuant to the amended resolution or in an open meeting of the board of trustees held pursuant to NRS 393.250, amend the resolution a second time, including, without limitation, setting a time, not less than 3 weeks thereafter, for another public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will again be received and considered. If the board of trustees adopts an amended resolution pursuant to this subsection, the board shall notice the amended resolution pursuant to NRS 393.260 and proceed in accordance with the provisions of subsection 1. Of the proposals received and considered at the meeting, the board of trustees may finally accept the proposal which is the highest, even if that proposal is for an amount less than the cash market value of the property as determined by the appraisers.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 159Senator Rawson
CHAPTER 185
AN ACT relating to education; deleting the authority of the Western Interstate Commission for Higher Education to adopt certain regulations; revising certain references to the members of the Commission from the State of Nevada; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 397.030 is hereby amended to read as follows:
397.030 1. In furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor.
2. The qualifications and terms of the three Nevada State Commissioners must be in accordance with Article 4 of the Compact. A Nevada State Commissioner shall hold office until his successor is appointed and qualified , but the successors term expires 4 years [from] after the legal date of expiration of the term of his predecessor.
κ2003 Statutes of Nevada, Page 939 (CHAPTER 185, SB 159)κ
3. Any Nevada State Commissioner may be removed from office by the Governor upon charges and after a hearing.
4. The term of any Nevada State Commissioner who ceases to hold the required qualifications terminates when a successor is appointed.
Sec. 2. NRS 397.050 is hereby amended to read as follows:
397.050 1. Money to carry out the provisions of this chapter must be provided by direct legislative appropriation from the State General Fund and must be accounted for in the Western Regional Higher Education Compact Account which is hereby created.
2. The money in the Account may be used by the three Nevada State Commissioners appointed pursuant to NRS 397.030:
(a) To pay dues to the Western Interstate Commission for Higher Education.
(b) To meet necessary administrative expenses.
Sec. 3. NRS 397.055 is hereby amended to read as follows:
397.055 1. Whenever the three Nevada State Commissioners appointed pursuant to NRS 397.030 are unable to provide contract places for Nevada residents in graduate or professional schools pursuant to contractual agreements authorized by Article 8 of the Compact, or the cost of attending a school within the region is excessive, they may enter into contractual agreements with the governing authority of any educational institution offering accredited graduate and professional education outside the region of the Compact or with any state outside the region.
2. The terms and conditions of any such agreements must adhere to the same standards which are observed in the selection of contract places for Nevada residents in graduate or professional schools within the region.
Sec. 4. NRS 397.060 is hereby amended to read as follows:
397.060 The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall:
1. Choose from among Nevada residents who apply, and have at least 1 years residence in this state immediately before applying for the program, those most qualified for contract places; and
2. Certify them to receiving institutions.
Sec. 5. NRS 397.0615 is hereby amended to read as follows:
397.0615 Financial support provided to a student who is chosen by the three Nevada State Commissioners [from the State of Nevada] to receive such support from the Western Interstate Commission for Higher Education must be provided in the form of a support fee. Except as otherwise provided in NRS 397.0617, 25 percent of the support fee is a loan that the student must repay with interest pursuant to NRS 397.063 or 397.064, as appropriate. Seventy-five percent of the support fee is a stipend that the student is not required to repay, except as otherwise provided in NRS 397.0653.
Sec. 6. NRS 397.0617 is hereby amended to read as follows:
397.0617 1. The provisions of this section apply only to support fees received by a student on or after July 1, 1997.
2. The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may require a student who is certified to study to practice in a profession which could benefit a medically underserved area of this state, as that term is defined by the Officer of Rural Health of the University of Nevada School of Medicine, to practice in such an area or to practice in an area designated by the Secretary of Health and Human Services:
κ2003 Statutes of Nevada, Page 940 (CHAPTER 185, SB 159)κ
(a) Pursuant to 42 U.S.C. § 254c, as containing a medically underserved population; or
(b) Pursuant to 42 U.S.C. § 254e, as a health professional shortage area,
as a condition to receiving a support fee.
3. If a person agrees to practice in a medically underserved area of this state pursuant to subsection 2 for at least 2 years, the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may forgive the portion of the support fee designated as the loan of the person.
4. If a person returns to this state but does not practice in a medically underserved area of this state pursuant to subsection 2 for at least 2 years, the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall assess a default charge in an amount not less than three times the portion of the support fee designated as the loan of the person, plus interest.
5. As used in this section, a profession which could benefit a medically underserved area of this state includes, without limitation, dentistry, physical therapy, pharmacy and practicing as a physician assistant.
Sec. 7. NRS 397.062 is hereby amended to read as follows:
397.062 1. There is hereby created an account in the State General Fund entitled the Western Interstate Commission for Higher Educations Account for Miscellaneous Expenses. Any money received by the three Nevada State Commissioners [from the State of Nevada] as the proceeds of any penalty or appropriated or authorized for the purposes of this section must be deposited in this Account.
2. The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall administer the Account and the money in the Account must be used to:
(a) Pay miscellaneous expenses incurred in administering the Western Interstate Commission for Higher Educations Fund for Student Loans; and
(b) Pay expenses incurred in collecting money due the State from a student loan or a stipend granted from the Western Interstate Commission for Higher Educations Fund for Student Loans.
Sec. 8. NRS 397.063 is hereby amended to read as follows:
397.063 1. All contributions from students must be accounted for in the Western Interstate Commission for Higher Educations Fund for Student Loans which is hereby created as an enterprise fund.
2. The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall administer the Fund and the money in the Fund must be used solely to provide:
(a) Loans to; and
(b) Contractual arrangements for educational services and facilities for,
residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3. Loans from the Western Interstate Commission for Higher Educations Fund for Student Loans, before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:
(a) All student loans must bear interest at 5 percent per annum from the date when the student receives the loan.
κ2003 Statutes of Nevada, Page 941 (CHAPTER 185, SB 159)κ
(b) Each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) No student loan may exceed 50 percent of the student fees for any academic year.
Sec. 9. NRS 397.064 is hereby amended to read as follows:
397.064 Loans, from the Western Interstate Commission for Higher Educations Fund for Student Loans, to students who enter the program on or after July 1, 1985, must be made upon the following terms:
1. All loans must bear interest at 8 percent per annum from the first day of the academic term for which the student received the loan.
2. Except as otherwise provided in NRS 397.0617, each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship for which the loan is made.
3. The loan must be repaid in monthly installments over the period allowed, as set forth in subsection 4, with the first installment due 1 year after the date of the termination of his education or the completion of his internship for which the loan is made. The amounts of the installments may not be less than $50 and may be calculated to allow a smaller payment at the beginning of the repayment period, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period allowed for repayment.
4. The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall, or shall delegate to the Director of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:
(a) Five years for loans which total less than $10,000.
(b) Eight years for loans which total $10,000 or more but less than $20,000.
(c) Ten years for loans which total $20,000 or more.
5. A student loan may not exceed 50 percent of the student fees for any academic year.
6. A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
7. The reasonable costs of collection and an attorneys fee may be recovered in the event of delinquency.
Sec. 10. NRS 397.0645 is hereby amended to read as follows:
397.0645 1. A student who receives from the Western Interstate Commission for Higher Education a stipend governed by the provisions of NRS 397.065 or 397.0653 must repay all state contributions for the stipend unless he practices, in Nevada, the profession which he was certified to study:
(a) For 3 years, if he entered the program before July 1, 1985;
(b) For 1 year for each academic year he receives a stipend, if he enters the program after June 30, 1985; or
(c) For 1 year for each 9 months he receives a stipend, if he enters the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,
κ2003 Statutes of Nevada, Page 942 (CHAPTER 185, SB 159)κ
provides more than 1 academic year of graduate and professional education in 9 months,
within 5 years after the completion or termination of his education, internship or residency for which he receives the stipend.
2. The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may adopt regulations which:
(a) Reduce the period of required practice for a person who practices his profession in a rural area of this state or as an employee of this state.
(b) Extend the time for completing the required practice beyond 5 years for a person who is granted an extension because of hardship.
3. If the period for the required practice is only partially completed, the Commission may give credit towards repayment of the stipend for the time the person practiced his profession as required.
Sec. 11. NRS 397.0655 is hereby amended to read as follows:
397.0655 The three Nevada State Commissioners [from the State of Nevada] may, by regulation, delegate to the Director of the Western Interstate Commission for Higher Education the authority to negotiate the terms of repayment, including how and when payments will be made on loans or stipends in default. The three Nevada State Commissioners may not delegate the authority to reduce the principal balance owing.
Sec. 12. NRS 397.066 is hereby amended to read as follows:
397.066 The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may require:
1. A student to acquire, as security for a stipend or student loan, insurance on his life and on his health or against his disability, or both.
2. That a financially responsible person agree to be jointly liable with the recipient for the repayment of the loan or stipend.
Sec. 13. NRS 397.067 is hereby amended to read as follows:
397.067 The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may, or may delegate to the Director of the Western Interstate Commission for Higher Education the power to, require, upon notice to a recipient of a loan, that he repay the balance and any unpaid interest on the loan at once if:
1. An installment is not paid within 30 days after it is due;
2. The recipient fails to notify the three Nevada State Commissioners, within 30 days, of:
(a) A change of name or of the address of his home or place of practice; or
(b) The termination of his education or completion of his internship for which he receives the loan; or
3. The recipient fails to comply with any other requirement or perform any other obligation he is required to perform pursuant to any agreement under the program.
Sec. 14. NRS 397.068 is hereby amended to read as follows:
397.068 A recipient of a loan or a stipend under the program of the Western Interstate Compact for Higher Education shall comply with the regulations adopted by the Commission or the three Nevada State Commissioners . [from the State of Nevada.] If he fails so to comply, the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may:
κ2003 Statutes of Nevada, Page 943 (CHAPTER 185, SB 159)κ
1. For each infraction, impose a fine of not more than $200 against any recipient in any academic year, and may deny additional money to any student who fails to pay the fine when due;
2. Increase the portion of any future loan to be repaid by the recipient;
3. Extend the time a recipient is required to practice his profession to repay his stipend; and
4. Expel him from the program.
Sec. 15. NRS 397.0685 is hereby amended to read as follows:
397.0685 1. The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may, after receiving a written application stating the reasons therefor, reduce the period of required practice for the repayment of a stipend under NRS 397.0645 if the applicant:
(a) Has had at least 1 continuous year of practice of his profession in this state, and practices his profession in a rural area of this state. The applicants practice in the rural area must be equal to at least half of the total time spent by the applicant in his professional practice, and not less than 20 hours per week.
(b) Practices his profession as a full-time employee of the State of Nevada and has been employed by the State for at least 1 continuous year immediately before his application.
2. Any claim as to practice must be verified.
Sec. 16. NRS 397.069 is hereby amended to read as follows:
397.069 1. The three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may after receiving an application stating the reasons therefor, grant an extension of the period for the repayment of a loan or a stipend under the program in case of hardship arising out of the individual circumstances of a recipient. The extension must be for a period that will reasonably alleviate that hardship.
2. Applications for extensions must be filed within the time prescribed by regulation of the three Nevada State Commissioners , [from the State of Nevada,] acting jointly.
Sec. 17. NRS 397.0695 is hereby amended to read as follows:
397.0695 A person obligated to repay a student loan may, as determined by the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, receive credit towards payment of the loan for professional services provided without compensation to the State or any of its political subdivisions.
Sec. 18. NRS 353.357 is hereby amended to read as follows:
353.357 1. If the three Nevada State Commissioners [from the State of Nevada] on the Western Interstate Commission for Higher Education, acting jointly, determine that current claims against the Western Interstate Commission for Higher Educations Fund for Student Loans created pursuant to NRS 397.063 exceed the amount of money available in the Fund to pay the claims because of a delay in the receipt of revenue due the Fund, the three Nevada State Commissioners may request from the Director of the Department of Administration a temporary advance from the State General Fund to the Western Interstate Commission for Higher Educations Fund for Student Loans for the payment of authorized expenses.
2. If the Director of the Department of Administration approves a request made pursuant to subsection 1, he shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of that approval.
κ2003 Statutes of Nevada, Page 944 (CHAPTER 185, SB 159)κ
approval. The State Controller shall draw his warrant upon receipt of the approval by the Director of the Department of Administration.
3. An advance from the State General Fund is limited to 50 percent of the revenue expected to be received by the Western Interstate Commission for Higher Educations Fund for Student Loans in the current fiscal year from any source other than legislative appropriation.
4. Any money that is temporarily advanced from the State General Fund pursuant to subsection 2 must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.
Sec. 19. NRS 397.0605 is hereby repealed.
Sec. 20. This act becomes effective on July 1, 2003.
________
Senate Bill No. 198Committee on Finance
CHAPTER 186
AN ACT relating to state financial administration; clarifying a provision governing advances to budget accounts supported by administrative assessments; requiring the Director of the Department of Administration to give certain notices concerning such advances; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.359 is hereby amended to read as follows:
353.359 1. The State Controller shall draw his warrant, upon application by an agency responsible for the administration of an account which is wholly or partially supported by administrative assessments pursuant to NRS 176.059, for not more in the aggregate in any fiscal year than 1/12th [in any month] of the portion of the total money received in the previous year which represents the share of administrative assessments presently allocated to the account.
2. An agency shall not apply for an advance pursuant to subsection 1 unless the application is first approved by the Director of the Department of Administration.
3. Any money which is advanced from the State General Fund to an account pursuant to subsection 1 [,] must be repaid as soon as the money which the advance replaced is deposited in the account. If the money deposited in the account in any fiscal year is insufficient to pay back the money advanced, an amount equal to the shortfall is hereby contingently appropriated from the State General Fund to the account.
4. The Director of the Department of Administration shall notify the Fiscal Analysis Division of the Legislative Counsel Bureau if:
(a) He approves an advance pursuant to subsection 2.
(b) The money deposited in an account in any fiscal year is insufficient to pay back the money advanced pursuant to subsection 1.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 945κ
Senate Bill No. 237Senators Raggio and Titus
Joint Sponsors: Assemblymen Perkins and Hettrick
CHAPTER 187
AN ACT relating to taxation; carrying out certain advisory questions relating to funding for regional transportation; revising the maximum rate, allocation or use of certain taxes for regional transportation; authorizing certain counties to impose additional taxes on motor vehicle fuel and to increase certain impact fees for new development; and providing other matters properly relating thereto.
[Approved: May 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.190 is hereby amended to read as follows:
365.190 1. [Subject to the provisions of subsection 3, in] In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1.75 cents per gallon on all motor vehicle fuel, except aviation fuel.
2. The tax imposed pursuant to this section must be collected by the supplier in the manner provided in this chapter. Upon the collection of the tax by the supplier, the purchaser of the fuel shall provide to the supplier a statement that sets forth the number of gallons of fuel that will be sold to retailers in each county in this state. The tax must be paid to the Department and delivered by the Department to the State Treasurer. When the tax is paid to the Department, the supplier shall provide to the Department a copy of the statement provided to the supplier by the purchaser pursuant to this subsection.
[3. The provisions of this section shall be deemed to be optional. The board of county commissioners of any county may decline to accept the additional tax levied pursuant to this section by the adoption of a resolution passed before July 1, 1947, which must be reconsidered and passed once each year within 60 days before July 1 of each year as long as the board of county commissioners desires so to act. Upon the adoption of such a resolution no tax may be collected.]
Sec. 2. NRS 365.545 is hereby amended to read as follows:
365.545 1. The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or Turbine-Powered Aircraft in the State General Fund and must be allocated monthly by the Department to the governmental entity which owns the airport at which the tax was collected [,] or , if the airport is privately owned, to the county in which the airport is located.
2. [The money so received must] Except as otherwise provided in subsection 3, the money allocated pursuant to subsection 1:
(a) Must be used by the governmental entity receiving it to pay the cost of:
[(a)] (1) Transportation projects related to airports, including access on the ground to airports;
κ2003 Statutes of Nevada, Page 946 (CHAPTER 187, SB 237)κ
[(b) Payment]
(2) The payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in [paragraph (a);
(c)] subparagraph (1);
(3) Promoting the use of an airport, including, without limitation, increasing the number and availability of flights at the airport;
[(d)] (4) Contributing money to the Trust Fund for Aviation created by NRS 494.048; or
[(e)] (5) Any combination of those purposes [.
3. Money so received may] ; and
(b) May also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) . [of subsection 2.
4.] Any money pledged pursuant to [the provisions of subsection 3] this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
3. Any money allocated pursuant to subsection 1 to a county whose population is 400,000 or more and in which a regional transportation commission has been created pursuant to chapter 373 of NRS, from the proceeds of the tax imposed pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 365.170 on fuel for jet or turbine-powered aircraft sold, distributed or used in that county, excluding the proceeds of any tax imposed pursuant to NRS 365.203, may, in addition to the uses authorized pursuant to subsection 2, be allocated by the county to that regional transportation commission. The money allocated pursuant to this subsection to a regional transportation commission:
(a) Must be used by the regional transportation commission:
(1) To pay the cost of transportation projects described in a regional plan for transportation established by that regional transportation commission pursuant to NRS 373.1161;
(2) For the payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1); or
(3) For any combination of those purposes; and
(b) May also be pledged for the payment of general or special obligations issued by the county at the request of the regional transportation commission to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
Sec. 3. Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is 100,000 or more but less than 400,000:
(a) The board may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to NRS 365.180 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
κ2003 Statutes of Nevada, Page 947 (CHAPTER 187, SB 237)κ
the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
(b) The board may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to NRS 365.190 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.190 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
(c) The board may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to NRS 365.192 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.192 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
(d) If the board imposes a tax pursuant to paragraph (b) of subsection 1 of NRS 373.030, the board may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel and leaded racing fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
2. Any ordinance authorized by this section may be adopted in combination with any other ordinance authorized by this section. Each tax imposed pursuant to this section is in addition to any other motor vehicle fuel taxes imposed pursuant to the provisions of this chapter and chapter 365 of NRS. Upon adoption of an ordinance authorized by this section, no further action by the board is necessary to effectuate the annual increases.
κ2003 Statutes of Nevada, Page 948 (CHAPTER 187, SB 237)κ
3. Any ordinance adopted pursuant to this section must:
(a) Become effective on the first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; and
(b) If the board has created a regional transportation commission in the county, require the commission:
(1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:
(I) The amount of that increase and the accuracy of its calculation;
(II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;
(III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and
(IV) Any other information relevant to the effect of the annual increases on the public; and
(2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.
4. Any ordinance adopted pursuant to:
(a) Paragraph (a) of subsection 1 must:
(1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180; and
(2) Expire by limitation on the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.180 which becomes effective after the adoption of that ordinance.
(b) Paragraph (b) of subsection 1 must:
(1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190; and
(2) Expire by limitation on the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.190 which becomes effective after the adoption of that ordinance.
(c) Paragraph (c) of subsection 1 must:
(1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192; and
(2) Expire by limitation on the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.192 which becomes effective after the adoption of that ordinance.
(d) Paragraph (d) of subsection 1 must:
(1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030; and
κ2003 Statutes of Nevada, Page 949 (CHAPTER 187, SB 237)κ
(2) Expire by limitation on the effective date of any subsequent ordinance increasing or decreasing the amount of the tax imposed in that county pursuant to paragraph (b) of subsection 1 of NRS 373.030.
Sec. 4. NRS 373.070 is hereby amended to read as follows:
373.070 Any motor vehicle fuel tax ordinance enacted under this chapter must include provisions in substance as follows:
1. A provision imposing the additional excise tax and stating the amount of the tax per gallon of fuel.
2. Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that the name of the county as taxing agency must be substituted for that of the State and that an additional suppliers license is not required.
3. A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the motor vehicle fuel tax ordinance of the county.
4. A provision that the county shall contract [prior to] before the effective date of the county motor vehicle fuel tax ordinance with the Department to perform all functions incident to the administration or operation of the motor vehicle fuel tax ordinance of the county [.] , including, if the ordinance is enacted pursuant to section 3 of this act, the calculation of each annual increase in the tax imposed pursuant to the ordinance.
Sec. 5. NRS 373.075 is hereby amended to read as follows:
373.075 Any ordinance amending [the] a motor fuel tax ordinance enacted pursuant to this chapter shall include a provision in substance that the county shall amend the contract made under subsection 4 of NRS 373.070 by a contract made between the county and the State acting by and through the Department [prior to] before the effective date of such amendatory ordinance, unless the county determines with the written concurrence of the commission that no such amendment of the contract is necessary or desirable.
Sec. 6. NRS 373.090 is hereby amended to read as follows:
373.090 1. For the purpose of [the] each tax imposed by an ordinance enacted pursuant to this chapter, motor vehicle fuel is sold at the place where it is distributed from a terminal.
2. As used in this section, terminal has the meaning ascribed to it in NRS 365.088.
Sec. 7. NRS 373.110 is hereby amended to read as follows:
373.110 [1. Except as provided in NRS 373.119, all] All the net proceeds of the county motor vehicle fuel tax :
1. Imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act which are received by the county pursuant to NRS 373.080 [shall] must, except as otherwise provided in NRS 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter.
[2.] After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.
2. Imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of section 3 of this act which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
κ2003 Statutes of Nevada, Page 950 (CHAPTER 187, SB 237)κ
373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
Sec. 8. NRS 373.119 is hereby amended to read as follows:
373.119 1. Except to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
2. Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.
Sec. 9. NRS 373.130 is hereby amended to read as follows:
373.130 1. Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 373.1161 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2, or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2. The board may, after the enactment of an ordinance as authorized by paragraph (b) of subsection 1 of NRS 373.030 [,] or paragraph (d) of subsection 1 of section 3 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county:
(a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the [tax] taxes imposed pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 [;] and paragraph (d) of subsection 1 of section 3 of this act;
(b) Which must not be general obligations of the county or a charge on any real estate therein; and
(c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.
3. A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.
4. Subject to the provisions of this chapter, for any project authorized therein , the board of any county may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.
κ2003 Statutes of Nevada, Page 951 (CHAPTER 187, SB 237)κ
connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.
5. All such securities constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to [the] those net receipts.
6. Except for:
(a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;
(b) Any interim debentures which are funded with the proceeds of bonds;
(c) Any temporary bonds which are exchanged for definitive bonds;
(d) Any bonds which are reissued or which are refunded; and
(e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,
all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to paragraphs (a) and (b) of subsection 1 of section 3 of this act may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.
7. The ordinance authorizing the issuance of any bond or other revenue security hereunder must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified.
Sec. 10. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from [the] a county motor vehicle fuel tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act must first be submitted to the regional transportation commission.
κ2003 Statutes of Nevada, Page 952 (CHAPTER 187, SB 237)κ
2. [Where] If the project is within the area covered by a regional plan for transportation established pursuant to NRS 373.1161, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed work to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The money available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized [by this chapter,] pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act, except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 373.1161.
3. In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.
4. [Where] If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:
(a) Its relation to the regional plan for transportation established pursuant to NRS 373.1161 if any;
(b) The relation of the proposed work to other projects constructed or authorized;
(c) The relative need for the proposed work in relation to others proposed by the same city or town; and
(d) The availability of money.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
5. In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.
Sec. 11. NRS 373.160 is hereby amended to read as follows:
373.160 1. The ordinance or ordinances providing for the issuance of any bonds or other securities issued hereunder payable from the receipts from the motor vehicle fuel excise taxes herein designated may at the discretion of the board, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the [tax] taxes collected for the county [hereunder (] pursuant to paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section 3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150 , [)] or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.
κ2003 Statutes of Nevada, Page 953 (CHAPTER 187, SB 237)κ
discretion of the board, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the [tax] taxes collected for the county [hereunder (] pursuant to paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section 3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150 , [)] or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.
2. If the board determines in any ordinance authorizing the issuance of any bonds or other securities hereunder that the proceeds of the [tax] taxes levied and collected pursuant to [the County Motor Vehicle Fuel Tax Law] paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section 3 of this act are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance hereunder by a pledge of and the creation of a lien upon not only the proceeds of any motor vehicle fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.130, but also the proceeds of any such tax thereafter authorized to be used or pledged , or used and pledged , for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.
3. The pledges and liens authorized by subsections 1 and 2 [of this section shall] extend to the proceeds of any tax collected for use by the county on any motor vehicle fuel so long as any bonds or other securities issued hereunder remain outstanding and [shall not be] are not limited to any type or types of motor vehicle fuel in use when the bonds or other securities [shall be] are issued.
Sec. 12. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commissioners of [any] :
(a) Any county may enact an ordinance imposing a tax for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes pursuant to NRS 377A.030. [The board of county commissioners of any]
(b) Any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2. An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine the questions for a public transit system , [and] for the construction, maintenance and repair of public roads and for the improvement of air quality with questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.
κ2003 Statutes of Nevada, Page 954 (CHAPTER 187, SB 237)κ
3. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
Sec. 13. NRS 377A.030 is hereby amended to read as follows:
377A.030 Except as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of not more than:
(a) For a tax to promote tourism, one-quarter of 1 percent; or
(b) For a tax to establish and maintain a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes, one-half of 1 percent,
of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of [an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.] the ordinance.
4. A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.
5. A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.
Sec. 14. NRS 377A.070 is hereby amended to read as follows:
377A.070 1. The county treasurer shall deposit the money received from the State Controller pursuant to NRS 377A.050 for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement or air quality or [both,] for any combination of those purposes in the county treasury for credit to a fund to be known as the public transit fund.
2. The public transit fund must be accounted for as a separate fund and not as a part of any other fund.
Sec. 15. NRS 377A.080 is hereby amended to read as follows:
377A.080 1. In any county in which a tax for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 of NRS if one has not already been created under that chapter. [Where] If a regional transportation commission has already been created under that chapter, that commission may also exercise the powers conferred by this section.
κ2003 Statutes of Nevada, Page 955 (CHAPTER 187, SB 237)κ
commission has already been created under that chapter, that commission may also exercise the powers conferred by this section.
2. The regional transportation commission may:
(a) Appropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;
(b) Appropriate money to provide transportation or to support agencies which are providing transportation for the elderly and persons with disabilities, if the services are consistent with the regional transportation plan;
(c) Provide for or perform all functions incident to the administration and operation of the public transit system, including the establishment of fares for the system; and
(d) Adopt regulations for the operation of systems or services provided by the commission and for systems or services financed by the commission and provided by an agency or a private contractor.
3. The commission may draw money out of the public transit fund only for:
(a) The establishment and maintenance of a public transit system for the county and for the support of other activities, services and programs related to transportation which are included in a regional transportation plan adopted by the commission;
(b) The construction, maintenance and repair of public roads;
(c) The distribution of money to the local air pollution control agency which administers the program established in the county pursuant to NRS 445B.500, to support activities, services and programs related to the improvement of air quality;
(d) The payment of principal and interest on notes, bonds or other securities issued to provide [funds] money for the cost of projects described in paragraphs (a) [and (b); or
(d)] , (b) and (c); or
(e) Any combination of those purposes.
Sec. 16. NRS 377A.090 is hereby amended to read as follows:
377A.090 1. Money for the payment of the cost of establishing and maintaining a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes may be obtained by the issuance of bonds and other securities as provided in subsection 2, or, subject to any pledges, liens and other contractual limitations made pursuant to this chapter, may be obtained by direct distribution from the public transit fund, or may be obtained both by the issuance of such securities and by such direct distribution as the board may determine.
2. The board may, after the enactment of an ordinance [imposing a tax for a public transit system or for the construction, maintenance and repair of public roads, or both, as] authorized by paragraph (a) of subsection 1 of NRS 377A.020, from time to time issue bonds and other securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax [for a public transit system or for the construction, maintenance and repair of public roads, or both.] imposed by that ordinance.
κ2003 Statutes of Nevada, Page 956 (CHAPTER 187, SB 237)κ
3. The ordinance authorizing the issuance of any bond or other security must describe the purpose for which it is issued.
Sec. 17. NRS 377A.100 is hereby amended to read as follows:
377A.100 1. Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax [for a public transit system or for the construction, maintenance and repair of public roads, or both,] imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030 may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, constructing, maintaining or repairing public roads or improving air quality, or both tax proceeds and security proceeds, to secure the payment of any bond or security issued under this chapter.
2. Any money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
Sec. 18. NRS 377A.110 is hereby amended to read as follows:
377A.110 1. Subject to the provisions of subsection 2, the board may gradually reduce the amount of any tax imposed pursuant to this chapter for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes as revenue from the operation of [the public transit system] those projects permits.
2. No such taxing ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds issued under this chapter, or other obligations incurred under this chapter, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.
Sec. 19. NRS 278.710 is hereby amended to read as follows:
278.710 1. A board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax for the improvement of transportation on the privilege of new residential, commercial, industrial and other development pursuant to paragraph (a) or (b) as follows:
(a) After receiving the approval of a majority of the registered voters of the county voting on the question at a special election or the next primary or general election, the board of county commissioners may impose the tax throughout the county, including any such development in incorporated cities in the county. A county may combine this question with a question submitted pursuant to NRS 244.3351, 371.045 or 377A.020, or any combination thereof.
(b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252, voting on the question at a special or general district election or primary or general state election, the board of county commissioners may impose the tax within the boundaries of the district. A county may combine this question with a question submitted pursuant to NRS 244.3351.
κ2003 Statutes of Nevada, Page 957 (CHAPTER 187, SB 237)κ
2. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board of county commissioners to provide an essential service to the residents of the county.
3. The tax imposed pursuant to this section must be at such a rate and based on such criteria and classifications as the board of county commissioners determines to be appropriate. Each such determination is conclusive unless it constitutes an arbitrary and capricious abuse of discretion, but the tax imposed must not :
(a) For any fiscal year beginning:
(1) Before July 1, 2003, exceed $500 ;
(2) On or after July 1, 2003, and before July 1, 2005, exceed $650;
(3) On or after July 1, 2005, and before July 1, 2010, exceed $700;
(4) On or after July 1, 2010, and before July 1, 2015, exceed $800;
(5) On or after July 1, 2015, and before July 1, 2020, exceed $900; or
(6) On or after July 1, 2020, exceed $1,000,
per single-family dwelling unit of new residential development, or the equivalent thereof as determined by the board of county commissioners [, or 50 cents] ; or
(b) For any fiscal year beginning:
(1) Before July 1, 2003, $0.50;
(2) On or after July 1, 2003, and before July 1, 2005, exceed $0.65;
(3) On or after July 1, 2005, and before July 1, 2010, exceed $0.75;
(4) On or after July 1, 2010, and before July 1, 2015, exceed $0.80;
(5) On or after July 1, 2015, and before July 1, 2020, exceed $0.90; or
(6) On or after July 1, 2020, exceed $1.00,
per square foot on other new development.
4. If so provided in [the ordinance,] an ordinance adopted pursuant to this section, a newly developed lot for a mobile home must be considered a single-family dwelling unit of new residential development.
[4.] 5. The tax imposed pursuant to this section must be collected before the time a certificate of occupancy for a building or other structure constituting new development is issued, or at such other time as is specified in the ordinance imposing the tax. If so provided in the ordinance, no certificate of occupancy may be issued by any local government unless proof of payment of the tax is filed with the person authorized to issue the certificate of occupancy. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
[5.] 6. In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
κ2003 Statutes of Nevada, Page 958 (CHAPTER 187, SB 237)κ
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively:
(1) Within the boundaries of the county;
(2) Within 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or
(3) Within 30 miles outside the boundaries of the county and the boundaries of this state, where those boundaries are coterminous, if:
(I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and
(II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;
(b) The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
[6.] 7. In a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
[7.] 8. The county may expend the proceeds of the tax authorized by this section, or any borrowing in anticipation of the tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.
[8.] 9. The provisions of chapter 278B of NRS and any action taken pursuant to that chapter do not limit or in any other way apply to any tax imposed pursuant to this section.
Sec. 20. Chapter 278B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a local government which imposes an impact fee to pay the cost of constructing a street project may include a provision in the ordinance imposing the impact fee or adopt a separate ordinance providing that each year in which the governing body does not adopt any revisions to the land use assumptions or capital improvements plan or otherwise increase the impact fee, the current amount of the impact fee is cumulatively increased:
κ2003 Statutes of Nevada, Page 959 (CHAPTER 187, SB 237)κ
(a) By a percentage equal to the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; or
(b) By 4.5 percent,
whichever is less.
2. Upon inclusion of a provision in the ordinance imposing the impact fee or the adoption of a separate ordinance authorized by subsection 1, no further action by the governing body is necessary to effectuate the annual increases.
3. Each increase authorized pursuant to this section becomes effective 1 year after:
(a) The date upon which the impact fee initially becomes effective;
(b) The date the governing body adopts a revised capital improvements plan; or
(c) The effective date of any previous increase in the impact fee pursuant to this section,
whichever occurs last.
Sec. 21. NRS 278B.230 is hereby amended to read as follows:
278B.230 1. The impact fee per service unit , excluding the amount of any increase authorized pursuant to section 20 of this act, must not exceed the amount determined by dividing the costs of the capital improvements described in subsection 3 of NRS 278B.170 by the total number of projected service units described in subsection 6 of NRS 278B.170.
2. If the number of new service units projected over a period is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee which may be charged per service unit , excluding the amount of any increase authorized pursuant to section 20 of this act, must be calculated by dividing the costs of the part of the capital improvements required by the new service units described in subsection 7 of NRS 278B.170 by the projected new service units described in that subsection.
3. The impact fee may be collected at the same time as the fee for issuance of a building permit for the service unit or at the time a certificate of occupancy is issued for the service unit, as specified in the ordinance.
Sec. 22. 1. The approval by the voters on November 5, 2002, of Advisory Question No. 10, concerning transportation, on the 2002 general election ballot for Clark County shall be deemed to constitute approval by the voters of the taxes authorized by the provisions of NRS 278.710, as amended by this act, and paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act. No other approval by the voters is required for the imposition of those taxes in Clark County, including its incorporated cities, at the following rates:
(a) Pursuant to NRS 278.710:
(1) For each fiscal year beginning:
(I) On or after July 1, 2003, and before July 1, 2005, $650;
(II) On or after July 1, 2005, and before July 1, 2010, $700;
(III) On or after July 1, 2010, and before July 1, 2015, $800;
(IV) On or after July 1, 2015, and before July 1, 2020, $900; and
(V) On or after July 1, 2020, $1,000,
per single-family dwelling of new residential development, or the equivalent thereof as determined by the board of county commissioners; and
κ2003 Statutes of Nevada, Page 960 (CHAPTER 187, SB 237)κ
(2) For each fiscal year beginning:
(I) On or after July 1, 2003, and before July 1, 2005, $0.65;
(II) On or after July 1, 2005, and before July 1, 2010, $0.75;
(III) On or after July 1, 2010, and before July 1, 2015, $0.80;
(IV) On or after July 1, 2015, and before July 1, 2020, $0.90; and
(V) On or after July 1, 2020, $1.00,
per square foot on other new development; and
(b) Pursuant to paragraph (b) of subsection 1 of NRS 377A.030:
(1) One-half of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, until:
(I) The last day of the fiscal year during which the Department of Taxation determines that the cumulative total proceeds of the tax imposed at that rate equal or exceed $1.7 billion; or
(II) June 30, 2028,
whichever occurs earlier; and
(2) Three-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, during each subsequent fiscal year.
2. The approval by the voters on November 5, 2002, of Advisory Question No. 2, concerning transportation, on the 2002 general election ballot for Washoe County shall be deemed to constitute approval by the voters of an increase in the rate of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act, to three-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. No other approval by the voters is required for the imposition of that increase in the rate of that tax in Washoe County, including its incorporated cities.
3. If at any time after November 5, 2002, and before the effective date of this act, another county obtains approval by the voters of a measure which complies with the provisions of NRS 278.710 for the tax authorized by that section, as amended by this act, that approval shall be deemed to constitute approval of the tax specified on the ballot and no other approval by the voters is required for imposition of that tax at the rate or rates specified on that ballot.
Sec. 23. If any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are hereby declared to be severable.
Sec. 24. This act becomes effective upon passage and approval.
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