LAWS OF THE STATE OF NEVADA

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ê2005 Statutes of Nevada, 22nd Special Session, Page 1ê

 

 

LAWS OF THE STATE OF NEVADA

 

Passed at the

TWENTY-SECOND SPECIAL SESSION OF THE LEGISLATURE

2005

________

 

CHAPTER 1, AB 2

Assembly Bill No. 2–Committee of the Whole

 

CHAPTER 1

 

AN ACT relating to public welfare; repealing, reenacting, reorganizing and revising certain provisions relating to the Welfare Division, the Division of Health Care Financing and Policy and the Division of Child and Family Services of the Department of Human Resources; revising certain provisions relating to property tax assistance for senior citizens; revising certain provisions relating to the Chief Research and Statistical Analyst of the Health Division of the Department of Human Resources; providing that the Director of the Department or his designee is responsible for appointing and removing certain employees of the Department; repealing certain provisions which require the Department of Employment, Training and Rehabilitation to employ job development coordinators to promote employment for persons who receive public assistance; repealing certain provisions concerning community service block grants; transferring certain duties of the Health Division of the Department of Human Resources concerning services for the abuse of alcohol or drugs to the Division of Mental Health and Developmental Services of the Department; requiring the Department of Human Resources to prepare and submit certain plans concerning such transfer to the Governor and the Legislative Committee on Health Care; requiring the Legislative Committee on Health Care to conduct an interim study concerning the organizational and delivery structure of services for the treatment and prevention of substance abuse in this State; changing the name of the Department of Human Resources to the Department of Health and Human Services; changing the name of the Welfare Division of the Department of Human Resources to the Division of Welfare and Supportive Services of the Department of Health and Human Services; reenacting certain penalties; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

 


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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 97, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Administrator” means the Administrator of the Division.

      Sec. 4.  “Board” means the State Board of Welfare and Supportive Services.

      Sec. 5.  “Children’s Health Insurance Program” means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance for uninsured children from low-income families in this State.

      Sec. 6.  “Department” means the Department of Health and Human Services.

      Sec. 7.  “Director” means the Director of the Department.

      Sec. 8.  “Division” means the Division of Welfare and Supportive Services of the Department.

      Sec. 9.  “Division of Health Care Financing and Policy” means the Division of Health Care Financing and Policy of the Department.

      Sec. 10.  “Food Stamp Assistance” means the program established to provide persons of low income with an opportunity to obtain a more nutritious diet through the issuance of coupons pursuant to the Food Stamp Act of 1977, 7 U.S.C. §§ 2011 et seq., as amended.

      Sec. 11.  “Low-Income Home Energy Assistance” means the program established to assist persons of low income to meet the costs of heating and cooling their homes pursuant to the Low-Income Home Energy Assistance Act of 1981, 42 U.S.C. §§ 8621 et seq., as amended.

      Sec. 12.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      Sec. 13.  “Program for Child Care and Development” means the program established to provide assistance for the care and development of children pursuant to 42 U.S.C. §§ 9858 et seq.

      Sec. 14.  “Program for the Enforcement of Child Support” means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and other provisions of that act relating to the enforcement of child support.

      Sec. 15.  1.  “Public assistance” includes:

      (a) State Supplemental Assistance;

      (b) Temporary Assistance for Needy Families;

      (c) Medicaid;

      (d) Food Stamp Assistance;

      (e) Low-Income Home Energy Assistance;

      (f) The Program for Child Care and Development;

      (g) Benefits provided pursuant to any other public welfare program administered by the Division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter; and

 


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      (h) Benefits provided pursuant to any other public welfare program administered by the Division of Health Care Financing and Policy of the Department pursuant to chapter 422 of NRS.

      2.  The term does not include the Children’s Health Insurance Program.

      Sec. 16.  “State Supplementary Assistance” means the program established to provide state assistance to aged or blind persons in connection with the Supplemental Security Income Program.

      Sec. 17.  “Supplemental Security Income Program” means the program established for aged, blind or disabled persons pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq., as amended.

      Sec. 18.  “Temporary Assistance for Needy Families” means the program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and other provisions of that act relating to temporary assistance for needy families.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  1.  Notwithstanding any other provision of state or local law, a person or governmental entity that provides a state or local public benefit:

      (a) Shall comply with the provisions of 8 U.S.C. § 1621 regarding the eligibility of an alien for such a benefit.

      (b) Is not required to pay any costs or other expenses relating to the provision of such a benefit after July 1, 1997, to an alien who, pursuant to 8 U.S.C. § 1621, is not eligible for the benefit.

      2.  Compliance with the provisions of 8 U.S.C. § 1621 must not be construed to constitute any form of discrimination, distinction or restriction made, or any other action taken, on the basis of national origin.

      3.  As used in this section, “state or local public benefit” has the meaning ascribed to it in 8 U.S.C. § 1621.

      Sec. 21.  The State Board of Welfare and Supportive Services, consisting of seven members appointed by the Governor, is hereby created within the Division.

      Sec. 22.  1.  The Governor shall appoint members who have an interest in and a knowledge of the field of public welfare.

      2.  Members of the Board must be selected to give statewide representation, and not more than three members may be residents of the same county.

      3.  Members of the Board may be removed for failure to attend Board meetings.

      Sec. 23.  1.  The members of the Board shall meet at least twice each calendar year to consider any issues related to public assistance and other programs for which the Division is responsible that may be of importance to members of the general public, the Governor or the Division, at such places as the Board, the Chairman of the Board, the Administrator or the Director deems appropriate.

      2.  Four members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board.

      3.  The Board shall:

      (a) At least 14 days before the date it holds a meeting, provide public notice of the date, time and location of the meeting, in addition to the notice required pursuant to NRS 241.020.

 


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      (b) Keep minutes of all meetings of the Board, which must include records of testimony and written comments presented to the Board, and file the minutes with the Division. The minutes must be maintained as public records.

      Sec. 24.  1.  At the first meeting after the adjournment of any regular session of the Legislature, the Board shall elect from its members a Chairman and Vice Chairman. The terms of the offices of Chairman and Vice Chairman expire upon the election of a Chairman and Vice Chairman at the first meeting following the adjournment of the next regular session of the Legislature.

      2.  If a vacancy occurs in the office of Chairman, the Vice Chairman shall assume the duties of Chairman for the unexpired term. If a vacancy occurs in the office of Vice Chairman, the Board shall, at its next meeting, fill the vacancy for the unexpired term.

      3.  The Administrator shall act as the nonvoting recording Secretary.

      Sec. 25.  1.  For each day’s attendance at each meeting of the Board, each member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board.

      2.  While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 26.  1.  The Board has only those powers and duties authorized by law.

      2.  The Board shall:

      (a) Adopt regulations for its own management and government.

      (b) Not later than 90 days after the date it holds a meeting, advise the Legislature, if it is in regular session, the Governor, the Director and the Division, based upon any testimony, written comments and other matters considered at the meeting, of any recommendations of the Board for legislation or other action relating to the administration of public assistance and other programs for which the Division is responsible.

      Sec. 27.  The Administrator must:

      1.  Be selected on the basis of his training, experience, capacity and interest in public welfare services.

      2.  Be a graduate in public or business administration from an accredited college or university.

      3.  Have not less than 3 years of demonstrated successful experience in public welfare administration, with responsibility for general direction and determination of a policy of a general assistance and social service program, or any equivalent combination of training and experience.

      4.  Possess qualities of leadership in the field of human welfare and health.

      Sec. 28.  The Administrator:

      1.  Shall serve as the Executive Officer of the Division.

      2.  Shall establish policies for the administration of the programs of the Division and shall administer all activities and services of the Division in accordance with those policies and any regulations of the Administrator, subject to administrative supervision by the Director.

      3.  Is responsible for the management of the Division.

      Sec. 29.  The Administrator shall make:

      1.  Such reports, subject to approval by the Director, as will comply with the requirements of federal legislation and this chapter.

 


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      2.  Reports to the Board.

      3.  A biennial report to the Director on the condition, operation and functioning of the Division.

      Sec. 30.  The Administrator:

      1.  Is responsible for and shall supervise the fiscal affairs and responsibilities of the Division, subject to administrative supervision by the Director.

      2.  Shall present the biennial budget of the Division to the Legislature in conjunction with the Budget Division of the Department of Administration.

      3.  Shall allocate, in the interest of efficiency and economy, the State’s appropriation for the administration of each program for which the Division is responsible, subject to administrative supervision by the Director.

      Sec. 31.  The Administrator:

      1.  May establish, consolidate and abolish sections within the Division.

      2.  Shall organize the Division to comply with the requirements of this chapter and with the standards required by federal legislation, subject to approval by the Director.

      3.  Shall appoint the heads of the sections of the Division.

      4.  May employ such assistants and employees as may be necessary for the efficient operation of the Division.

      5.  Shall set standards of service.

      Sec. 32.  1.  The Administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Division at a designated time and place and the production of books, papers and records relative to eligibility or continued eligibility for public assistance.

      2.  The Director or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Department at a designated time and place and the production of books, papers and records relative to verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid.

      3.  If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by a subpoena issued pursuant to this section, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.

      Sec. 33.  The Administrator may adopt such regulations as are necessary for the administration of this chapter and any program of the Division.

      Sec. 34.  1.  Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the Division is responsible, the Administrator must give at least 30 days’ notice of his intended action.

      2.  The notice of intent to act upon a regulation must:

      (a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which, interested persons may present their views thereon.

 


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place where and the manner in which, interested persons may present their views thereon.

      (b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.

      (c) State each address at which the text of the proposed regulation may be inspected and copied.

      (d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Administrator for that purpose.

      3.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The Administrator shall consider fully all oral and written submissions relating to the proposed regulation.

      4.  The Administrator shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to this section in the manner provided in subsections 1 and 2 of NRS 241.035.

      5.  The Administrator may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.

      6.  No objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date.

      Sec. 35.  The Administrator shall:

      1.  Supply the Director with material on which to base proposed legislation.

      2.  Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.

      3.  Coordinate the activities of the Division with other agencies, both public and private, with related or similar activities.

      4.  Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      5.  Inform the public in regard to the activities and operation of the Division, and provide other information which will acquaint the public with problems relating to welfare.

      6.  Conduct studies into the causes of the social problems with which the 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 this chapter.

      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 Division.

      Sec. 36.  The Administrator and the Division shall administer the provisions of this chapter, subject to administrative supervision by the Director.

 


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      Sec. 37.  1.  Any gifts or grants of money which the Division is authorized to accept must be deposited in the State Treasury to the credit of the Division of Welfare and Supportive Services’ Gift and Cooperative Account in the Department of Health and Human Services’ Gift Fund.

      2.  Money in the Account must be used for welfare purposes only and expended in accordance with the terms of the gift or grant.

      3.  All claims must be approved by the Administrator before they are paid.

      Sec. 38.  1.  Money to carry out the provisions of this chapter, 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 this chapter must be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.

      Sec. 39.  Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the Division is responsible and such other money as may be received by the State for such purposes must, except as otherwise provided in NRS 425.363, be deposited in the appropriate accounts of the Division in the State General Fund.

      Sec. 40.  1.  The State of Nevada assents to the purposes of the Act of Congress of the United States entitled the “Social Security Act,” approved August 14, 1935, and assents to such additional federal legislation as is not inconsistent with the purposes of this chapter and NRS 432.010 to 432.085, inclusive, and sections 154 to 163.8, inclusive, of this act.

      2.  The State of Nevada further accepts, with the approval of the Governor, the appropriations of money by Congress in pursuance of the Social Security Act and authorizes the receipt of such money into the State Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, sections 154 to 163.8, inclusive, of this act and the conditions imposed by the Social Security Act.

      3.  The State of Nevada may accept, with the approval of the Governor, any additional funds which may become or are made available for extension of programs and services administered by the Department under the provisions of the Social Security Act. Such money must be deposited in the State Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, sections 154 to 163.8, inclusive, of this act and the conditions and purposes under which granted by the Federal Government.

      Sec. 41.  If Congress passes any law increasing the participation of the Federal Government in a Nevada program for public assistance, whether relating to eligibility for assistance or otherwise:

      1.  The Director may accept, with the approval of the Governor, the increased benefits of such congressional legislation; and

      2.  The Administrator may adopt any regulations required by the Federal Government as a condition of acceptance.

      Sec. 42.  The Director shall have the power to sign and execute, in the name of the State, by “The Department of Health and Human Services,” any contract or agreement with the Federal Government or its agencies.

      Sec. 43.  The Department shall:

 


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      1.  Administer all public welfare programs of this State, including:

      (a) State Supplementary Assistance;

      (b) Temporary Assistance for Needy Families;

      (c) Medicaid;

      (d) Food Stamp Assistance;

      (e) Low-Income Home Energy Assistance;

      (f) The Program for Child Care and Development;

      (g) The Program for the Enforcement of Child Support;

      (h) The Children’s Health Insurance Program; and

      (i) Other welfare activities and services provided for by the laws of this State.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the State of Nevada to aid in the furtherance of any of the services and activities set forth in subsection 1.

      3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the Department in carrying out the provisions of this chapter.

      4.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the State General Fund or money from federal or other sources.

      5.  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the Director.

      6.  Make such agreements with the Federal Government as may be necessary to carry out the Supplemental Security Income Program.

      Sec. 44.  1.  The Director shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any public assistance or other program for which the Division is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:

      (a) The requirements for eligibility;

      (b) The nature and amounts of grants and other assistance which may be provided;

      (c) The conditions imposed; and

      (d) Such other provisions relating to the development and administration of the program as the Director deems necessary.

      2.  In developing and revising such a plan, the Director shall consider, among other things:

      (a) The amount of money available from the Federal Government;

      (b) The conditions attached to the acceptance of that money; and

      (c) The limitations of legislative appropriations and authorizations,

Ê for the particular program to which the plan applies.

      3.  The Division shall make available to members of the general public a summary of the State Plan for Temporary Assistance for Needy Families established pursuant to this section.

 


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      4.  The Division shall comply with each state plan adopted pursuant to this section.

      Sec. 45.  1.  The Department shall provide public assistance pursuant to:

      (a) The program established to provide Temporary Assistance for Needy Families;

      (b) Medicaid; or

      (c) Any program for which a grant has been provided to this State pursuant to 42 U.S.C. §§ 1397 et seq.,

Ê to a qualified alien who complies with the requirements established by the Department pursuant to federal law and this chapter for the receipt of benefits pursuant to that program.

      2.  As used in this section, “qualified alien” has the meaning ascribed to it in 8 U.S.C. § 1641.

      Sec. 46.  The Attorney General and his deputies are the legal advisers for the Division.

      Sec. 47.  1.  Subject to the provisions of subsection 2, if an application for public assistance or claim for services is not acted upon by the Department within a reasonable time after the filing of the application or claim for services, or is denied in whole or in part, or if any grant of public assistance or claim for services is reduced, suspended or terminated, the applicant for or recipient of public assistance or services may appeal to the Department and may be represented in the appeal by counsel or by another representative of his choice.

      2.  Upon the initial decision to deny, reduce, suspend or terminate public assistance or services, the Department shall notify that applicant or recipient of its decision, the regulations involved and his right to request a hearing within a certain period. If a request for a hearing is received within that period, the Department shall notify that person of the time, place and nature of the hearing. The Department shall provide an opportunity for a hearing of that appeal and shall review his case regarding all matters alleged in that appeal.

      3.  The Department is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this State that requires an automatic adjustment to the amount of public assistance or services that may be received by an applicant or recipient.

      Sec. 48.  1.  At any hearing held pursuant to the provisions of subsection 2 of section 47 of this act, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.

      2.  Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.

      3.  The record of a hearing must include:

      (a) All pleadings, motions and intermediate rulings.

      (b) Evidence received or considered.

      (c) Questions and offers of proof and objections, and rulings thereon.

      (d) Any decision, opinion or report by the hearing officer presiding at the hearing.

      4.  Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.

      5.  Findings of fact must be based exclusively on substantial evidence.

 


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      6.  Any employee or other representative of the Department who investigated or made the initial decision to deny, modify or cancel a grant of public assistance or services shall not participate in the making of any decision made pursuant to the hearing.

      Sec. 49.  In any hearing held pursuant to the provisions of subsection 2 of section 47 of this act:

      1.  Irrelevant, immaterial or unduly repetitious evidence must be excluded. Unless it is privileged pursuant to chapter 49 of NRS, evidence, including, without limitation, hearsay, may be admitted if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made. Subject to the requirements of this subsection, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

      2.  Documentary evidence may be received in the form of copies or excerpts. Upon request, parties must be given an opportunity to compare the copy with the original.

      3.  Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues whether or not the matter was covered in the direct examination, impeach any witness, regardless of which party first called him to testify, and rebut the evidence against him.

      Sec. 50.  Any person who is:

      1.  The subject of a hearing conducted under the authority of the Division; or

      2.  A witness at that hearing,

Ê and who is a person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100 and must be appointed by the person who presides at the hearing.

      Sec. 51.  1.  A decision or order issued by a hearing officer must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail to each party and to his attorney or other representative.

      2.  The Department or an applicant for or recipient of public assistance or services may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which the applicant for or recipient of public assistance or services resides to review the decision. The district court shall review the decision on the record of the case before the hearing officer. The decision and record must be certified as correct and filed with the clerk of the court by the Department.

      Sec. 52.  1.  Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court.

 


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for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

      2.  The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.

      3.  The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional, regulatory or statutory provisions;

      (b) In excess of the statutory authority of the Department;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

      4.  An aggrieved party may obtain review of any final judgment of the district court by appeal to the Supreme Court. The appeal must be taken in the manner provided for civil cases.

      Sec. 53.  To ensure accuracy, uniformity and completeness in statistics and information, the Division may prescribe forms of reports and records to be kept by all persons, associations or institutions, subject to its supervision or investigation, and each such person, association or institution shall keep such records and render such reports in the form so prescribed.

      Sec. 54.  As a part of the health and welfare programs of this State, the Division may:

      1.  Conduct a family planning service, or contract for the provision of a family planning service, in any county of the State. Such service may include the dispensing of information and the distribution of literature on birth control and family planning methods.

      2.  Establish a policy of referral of welfare recipients for birth control.

      Sec. 55.  1.  As part of the health and welfare programs of this State, the Division or any other division designated by the Director may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this State.

      2.  The Division or any other division designated by the Director shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for Medicaid and any other interested person, information concerning the prenatal care available pursuant to this section.

 


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      3.  The Division or any other division designated by the Department shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of this section, and such other provisions relating to the development and administration of the Program for Prenatal Care as the Director or the Administrator, as applicable, deems necessary.

      Sec. 56.  1.  To restrict the use or disclosure of any information concerning applicants for and recipients of public assistance or assistance pursuant to the Children’s Health Insurance Program to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the Division shall establish and enforce reasonable regulations governing the custody, use and preservation of any records, files and communications filed with the Division.

      2.  If, pursuant to a specific statute or a regulation of the Division, names and addresses of, or information concerning, applicants for and recipients of assistance, including, without limitation, assistance pursuant to the Children’s Health Insurance Program, are furnished to or held by any other agency or department of government, such agency or department of government is bound by the regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.

      3.  Except for purposes directly connected with the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to a recipient of assistance, including, without limitation, a recipient of assistance pursuant to the Children’s Health Insurance Program, under the provisions of this chapter.

      Sec. 57.  Assistance awarded pursuant to the provisions of this chapter is not transferable or assignable at law or in equity and none of the money paid or payable under this chapter is subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

      Sec. 58.  All assistance awarded pursuant to the provisions of this chapter is awarded and held subject to the provisions of any amending or repealing act that may be enacted, and no recipient has any claim for assistance or otherwise by reason of his assistance being affected in any way by an amending or repealing act.

      Secs. 59-64.  (Deleted by amendment.)

      Sec. 65.  1.  Except as otherwise provided in subsection 2, a person who has been convicted of a felony after August 22, 1996, an element of which is the possession, use or distribution of a controlled substance, is not eligible to receive any public assistance for which denial is required by 21 U.S.C. § 862a.

      2.  A person who has been convicted of a felony described in subsection 1 may be determined to be eligible for assistance if that person is participating in or has successfully completed a program for the treatment of the abuse of controlled substances that has been approved by the Division and:

      (a) Demonstrates to the satisfaction of the Division that he has not possessed, used or distributed controlled substances since he began the program; or

 


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      (b) Is pregnant and a physician has certified in writing that the health and safety of the mother and the unborn child are dependent upon the receipt of benefits.

      3.  As used in this section, “controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

      Sec. 66.  1.  The Division shall:

      (a) Periodically evaluate recipients of public assistance pursuant to this chapter to identify recipients who are victims of domestic violence.

      (b) Refer a recipient who it determines is a victim of domestic violence to appropriate counseling or other supportive services available in the community in which the recipient resides.

      2.  Except as otherwise provided in this subsection, the Division shall not disclose to any person other than the victim that a determination of domestic violence has been made pursuant to this section. The Division may disclose the information to the Secretary of Health and Human Services or his designee for the purposes of including that information in the Federal Parent Locator Service established pursuant to 42 U.S.C. § 653.

      Sec. 67.  1.  Except as otherwise provided in subsection 3, as a condition to the receipt of public assistance, a recipient must:

      (a) Ensure that each dependent child for whom the recipient is receiving assistance has received the standard immunizations established for children by the regulations adopted pursuant to NRS 439.550.

      (b) Within 6 months after the determination of his eligibility for public assistance, submit to the Division, in the manner specified in NRS 432A.230 and 432A.260 for admission to a child care facility, proof that each dependent child for whom the recipient is receiving assistance has received those standard immunizations.

      2.  The Division shall advise each recipient of the availability of those standard immunizations through clinics for the immunization of children held pursuant to NRS 439.535.

      3.  The Division shall waive the requirements of subsection 1 if the failure to immunize a dependent child is because of a religious belief or medical condition and the recipient submits to the Division a written statement of that fact in the manner specified in NRS 432A.240 or 432A.250 for admission to a child care facility.

      4.  A head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by the head of the household pursuant to section 81 of this act; and

      (b) Is subject to the penalties prescribed by the Division pursuant to section 86 of this act for failing to comply with the terms of that plan.

      Sec. 68.  1.  As a condition to the receipt of public assistance, a recipient who has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, must comply with the provisions of NRS 392.040 with respect to that child.

      2.  If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, the head of the household shall take every reasonable action to ensure that the child is not at risk of failing to advance to the next grade level in school.

 


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to ensure that the child is not at risk of failing to advance to the next grade level in school.

      3.  If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age and:

      (a) The head of the household does not comply with the provisions of NRS 392.040 with respect to that child; or

      (b) That child is at risk of failing to advance to the next grade level in school,

Ê the Division shall require the head of the household to review with the Division the personal responsibility plan signed by him pursuant to section 81 of this act and revise the plan as necessary to assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to improve his academic performance.

      Sec. 69.  Notwithstanding any other provision of this chapter, the Division shall not, pursuant to this chapter, deny, reduce, discontinue or terminate any public assistance in violation of any requirement of federal law or condition to the receipt of federal money.

      Sec. 70.  1.  Spouse for spouse and parents for minor children are liable for the support of an applicant for or recipient of public assistance.

      2.  The Division shall investigate the ability of responsible relatives to contribute to the support of an applicant for or recipient of public assistance and shall determine the amount of such support for which such relative is responsible.

      Sec. 71.  Written statements of information required from responsible relatives of applicants or recipients need not be under oath, but any person signing such statements who willfully states therein as true any material matter which he knows to be false is subject to all the penalties for perjury as provided by law.

      Sec. 72.  The Division shall advise the Attorney General of the failure of a responsible relative to contribute to the support of a recipient of public assistance as required by law. The Attorney General shall cause appropriate legal action to be taken to enforce such support and, in addition, may collect a reasonable fee which must be added to the costs of the action in any justice’s court of the State, the expense of such fee and costs to be borne by the relative. Any fees collected by the Attorney General under the provisions of this section must be deposited in the State General Fund in the State Treasury.

      Sec. 73.  The liability of a relative to contribute to the support of a recipient of public assistance established by this chapter is not grounds for denying or discontinuing public assistance to any person, but by accepting such public assistance, the recipient thereof shall be deemed to consent to suit in his name by the county against such responsible living relative or relatives and to secure an order for his support.

      Sec. 74.  As used in sections 74 to 94, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 75 to 78, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 75.  “Benefit” means any benefit provided by the Division pursuant to the Program.

 


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      Sec. 76.  “Head of a household” means a member of a household who receives benefits on behalf of the household and is responsible for complying with the plan for personal responsibility required by section 81 of this act and the agreement of cooperation required by section 82 of this act.

      Sec. 77.  “Household” means an association of persons who:

      1.  Live in the same home or dwelling;

      2.  Are related by blood, adoption or marriage; and

      3.  Are mutually dependent on each other for the basic necessities of life.

      Sec. 78.  “Program” means the program established to provide Temporary Assistance for Needy Families.

      Sec. 79.  The Administrator:

      1.  Shall adopt regulations for the administration of the Program;

      2.  Shall report to the Interim Finance Committee quarterly concerning the regulations adopted by the Division for the administration of the Program;

      3.  May contract with any state or private agency to provide any of the services of the Program; and

      4.  May receive a grant of money from the Federal Government or any other source to defray the costs of the Program.

      Sec. 80.  1.  The Division shall make an assessment of the skills, prior work experience and employability of each member of the applicant’s household.

      2.  The assessment required pursuant to subsection 1 must include an evaluation of whether the members of the household need additional services, including, without limitation, job training, child care, treatment for the abuse of alcohol or drugs, mental health services or any other services.

      3.  The applicant must, as a condition to the receipt of those benefits, cooperate with the Division in making the assessment required pursuant to subsection 1.

      4.  If the assessment required pursuant to subsection 1 indicates that a member of the household may require mental health services, the Division shall refer that member of the household to a person professionally qualified in the field of psychiatric mental health.

      5.  As used in this section, “person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      Sec. 81.  1.  The Division shall, with the participation of the head of a household who is applying for benefits, establish a written plan for personal responsibility for the household. The plan for personal responsibility must be based on the assessment made pursuant to section 80 of this act and 42 U.S.C. § 608.

      2.  In addition to the requirements set forth in 42 U.S.C. § 608, the plan required pursuant to subsection 1 must:

      (a) Identify the role of each member of the household and his obligations pursuant to the plan;

      (b) Be signed by the head of the household within 60 days after he is determined to be eligible for benefits; and

      (c) Specify a date, not later than 24 months after the date the plan becomes effective, upon which the plan will expire.

 


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      3.  The Division shall periodically review the plan required pursuant to subsection 1 to determine whether the needs of the household have changed. The Division may, with the participation of the head of the household, amend the plan as it deems appropriate.

      4.  If a member of the household is an unmarried parent who is less than 18 years of age, the plan required pursuant to subsection 1 must include a provision which:

      (a) Requires the head of the household to ensure that the unmarried parent attends training to learn the skills necessary to care for the child; and

      (b) Encourages the head of the household to ensure that the unmarried parent participates in a program which provides mentors for unmarried parents who are less than 18 years of age.

      Sec. 82.  1.  The Administrator shall establish by regulation an agreement of cooperation that must be signed by the head of a household as a condition to the receipt of benefits.

      2.  The agreement required pursuant to subsection 1 must include a statement of:

      (a) The actions that the members of the household are expected to take as a condition to the receipt of benefits; and

      (b) The penalties that may be imposed by the Division pursuant to section 86 of this act for failing to comply with the provisions of the agreement or the plan for personal responsibility signed by the head of the household pursuant to section 81 of this act.

      Sec. 83.  Within 45 days after an applicant for benefits submits his application to the Division, the Division shall:

      1.  Approve the application and begin providing benefits to the applicant; or

      2.  Deny benefits to the applicant.

      Sec. 84.  1.  Subject to the provisions of 42 U.S.C. § 607(e), the Division shall require each head of a household who is not suffering from a hardship described in subsection 7 of section 88 of this act to perform work:

      (a) Within a reasonable time after the Division determines that the head of the household is capable of finding and performing work; or

      (b) Not later than the date on which the head of the household has received benefits for 24 months, regardless of whether those months are consecutive or cumulative,

Ê whichever occurs earlier.

      2.  A head of a household who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by him pursuant to section 81 of this act; and

      (b) Is subject to the penalties prescribed by the Division pursuant to section 86 of this act for the failure to comply with the terms of that plan.

      3.  The Administrator shall adopt regulations setting forth the activities that will constitute work for the purposes of this section.

      Sec. 85.  1.  Except as otherwise provided in this section, if the plan for personal responsibility signed by the head of a household pursuant to section 81 of this act includes a requirement that the head of the household complete a program of job training, the Division may exempt the head of the household from that requirement upon determining that:

 


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complete a program of job training, the Division may exempt the head of the household from that requirement upon determining that:

      (a) The head of the household:

             (1) Is ill or physically incapacitated;

             (2) Must care for an ill or incapacitated member of his household;

             (3) Is receiving payments or is awaiting approval for the receipt of payments pursuant to the Supplemental Security Income Program;

             (4) Is a single custodial parent of a child who is less than 1 year of age;

             (5) Is not a recipient of benefits but receives benefits on behalf of a member of his household who is a dependent;

             (6) Is a person who is:

                   (I) Sixty years of age or older;

                   (II) The caretaker of a child; and

                   (III) A relative, other than a parent, of that child; or

             (7) Is pregnant and has been deemed unable to work by her physician; or

      (b) Any other good cause exists to exempt the head of the household from the requirement to complete the program of job training.

      2.  A head of a household may not claim the exemption prescribed in subparagraph (4) of paragraph (a) of subsection 1 for more than 12 months during his lifetime, regardless of whether those months are consecutive or cumulative.

      3.  The Division shall not exempt a head of a household pursuant to this section if the exemption would violate a requirement of federal law or a condition to the receipt of federal money.

      Sec. 86.  1.  Except as otherwise provided in this section:

      (a) If the Division determines that the head of a household has not complied with the terms of the plan for personal responsibility signed by the head of the household pursuant to section 81 of this act or the agreement of cooperation signed by the head of the household pursuant to section 82 of this act, the Division shall notify him that if his failure to comply does not cease within 30 days after he is notified of the failure to comply, the benefits provided to his household will be reduced pursuant to paragraph (b).

      (b) The Division shall adopt regulations establishing a schedule of progressive penalties pursuant to which the benefits to the household will be reduced or terminated because of the failure of the head of the household to comply with the terms of the plan.

      2.  The Division shall not reduce, discontinue or terminate any benefits pursuant to this section if the reduction, discontinuance or termination would violate a requirement of federal law or a condition to the receipt of federal money.

      Sec. 87.  The Division shall not provide benefits to a person who is prohibited from receiving benefits pursuant to 42 U.S.C. § 608(a).

      Sec. 88.  1.  Except as otherwise provided in subsection 2, a household that receives benefits for 24 months, regardless of whether those months are consecutive or cumulative, is prohibited from receiving additional benefits for 12 consecutive months unless the head of the household is suffering from a hardship.

      2.  The household may receive additional benefits for not more than 6 additional months, regardless of whether those months are consecutive or cumulative, if the Administrator determines that providing benefits to the household will significantly increase the likelihood that the head of the household will become self-sufficient and will not need to apply for benefits in the future.

 


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cumulative, if the Administrator determines that providing benefits to the household will significantly increase the likelihood that the head of the household will become self-sufficient and will not need to apply for benefits in the future. A household that receives any additional benefits pursuant to this subsection is prohibited from receiving benefits for 12 consecutive months after the additional benefits cease to be provided unless the head of the household is suffering from a hardship.

      3.  The Division shall not provide benefits to a household if an adult member of that household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household is suffering from a hardship.

      4.  Except as otherwise provided in subsections 5 and 6, a household that is receiving benefits beyond the period prescribed in subsection 1, 2 or 3 because the head of the household is suffering from a hardship may continue to receive benefits for as long as the head of the household suffers from the hardship. Once the head of the household no longer suffers from the hardship, the household is not eligible to receive benefits:

      (a) For 12 consecutive months if the household has not received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative; or

      (b) During the lifetime of the head of the household if the household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household again suffers from a hardship.

      5.  A household that is receiving benefits pursuant to this section because the head of the household is suffering from a hardship described in paragraph (c) of subsection 7 may not receive benefits pursuant to this section solely because of that hardship for more than 12 months during the lifetime of the head of the household.

      6.  Notwithstanding any other provision of this section, if the Administrator determines that the denial or suspension of benefits provided to a household solely because the head of the household is deemed to be suffering from a hardship is necessary to ensure that this State does not exceed the limitation set forth in 42 U.S.C. § 608(a)(7)(C), the Administrator may deny or suspend such benefits. The Administrator shall send written notice to a household whose benefits will be denied or suspended pursuant to this subsection.

      7.  For the purposes of this section, the head of a household shall be deemed to be suffering from a hardship if the Division determines that he:

      (a) Is ill or physically or mentally incapacitated;

      (b) Must care for an ill or incapacitated member of his household;

      (c) Is a single custodial parent of a child who is less than 1 year of age;

      (d) Is not a recipient of benefits but receives benefits on behalf of a member of his household who is a dependent;

      (e) Is an unmarried parent who:

             (1) Is less than 18 years of age; and

             (2) Complies with the requirements set forth in 42 U.S.C. §§ 608(a)(4) and 608(a)(5);

      (f) Is a person who is:

             (1) Sixty years of age or older;

             (2) The caretaker of a child; and

             (3) A relative, other than a parent, of that child; or

 


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      (g) Is suffering from any other condition or circumstance that the Administrator deems to be a hardship.

      Sec. 89.  1.  If the plan for personal responsibility signed by the head of a household pursuant to section 81 of this act includes a provision providing for the payment of transitional assistance to the head of the household, the Division may provide transitional assistance to the head of the household if the household becomes ineligible for benefits for one or more of the reasons described in 42 U.S.C. § 608(a)(11). The Division shall not provide transitional assistance pursuant to this section for more than 12 consecutive months.

      2.  As used in this section, “transitional assistance” means:

      (a) Assistance provided by the Division to low-income families to pay for the costs of child care; or

      (b) Medicaid provided pursuant to the plan administered by the Department pursuant to NRS 422.271.

      Sec. 90.  1.  The Division may, within the limitations of available funding, provide for the payment by the Division of certain expenses on behalf of an applicant for benefits if the Division determines that the applicant is not in need of long-term benefits.

      2.  If the Division provides for the payment of expenses pursuant to subsection 1, the Division shall specify the expenses for which payment may be made.

      Sec. 91.  1.  The Division shall, within the limitations of available funding, establish a program which promotes the self-sufficiency of a natural father whose paternity is presumed pursuant to NRS 126.051 or a noncustodial parent of a child for whom benefits are being received by a household.

      2.  If a natural father whose paternity is presumed pursuant to NRS 126.051 or a noncustodial parent of a child for whom benefits are being received by a household chooses to participate in the program established pursuant to subsection 1, the Division may, within the limitations of available funding, increase the amount of benefits provided to the head of the household on behalf of the child.

      Sec. 92.  The Division shall, through its regional offices, encourage public and private entities to provide employment opportunities for members of households that are receiving benefits.

      Sec. 93.  1.  The Chief of the Program for the Enforcement of Child Support of the Division or his designee may enforce a court order for the support of a child against the parents of a noncustodial parent of a child if:

      (a) The custodial parent and noncustodial parent of the child are both less than 18 years of age; and

      (b) The custodial parent of the child is a member of a household that is receiving benefits.

      2.  If the Chief or his designee enforces a court order against the parents of a noncustodial parent pursuant to subsection 1, the parents of the noncustodial parent are jointly and severally liable for the payments required pursuant to the order.

      Sec. 94.  Notwithstanding any other provision of this chapter, if the Division determines that:

      1.  The head of a household is a victim of domestic violence pursuant to section 66 of this act; and

 


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      2.  Requiring the head of the household to comply with the requirements of this chapter or the regulations adopted pursuant thereto may endanger or threaten the physical safety of the head of the household,

Ê the Division may waive those requirements for such a period as it deems appropriate.

      Sec. 95.  1.  The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide supportive assistance to qualifying relatives of children who provide care for and obtain the legal guardianship of those children.

      2.  As a condition to the provision of any supportive assistance pursuant to this section:

      (a) The child must:

             (1) Have been placed in the care of his qualifying relative for not less than 6 months; and

             (2) If he is 14 years of age or older, consent to the legal guardianship; and

      (b) The qualifying relative must:

             (1) Reside in this State;

             (2) Have attained such a minimum age as the Department specifies by regulation;

             (3) Verify his relationship to the child; and

             (4) File for and obtain court approval of the legal guardianship and comply with any requirements imposed by the court.

      3.  The supportive assistance provided pursuant to this section must include, within the limitations of available funding:

      (a) Reimbursement of all or a portion of the legal fees incurred by the qualifying relative to establish the legal guardianship;

      (b) Payments of not more than the amount that the Department would provide to a foster parent if the child had been placed in foster care;

      (c) Assistance with:

             (1) Child care;

             (2) Respite care; and

             (3) Transportation; and

      (d) Any other assistance the Department deems appropriate.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      5.  As used in this section, unless the context otherwise requires, “qualifying relative” means a person specified in 45 C.F.R. § 233.90(c)(1)(v)(A).

      Sec. 96.  1.  Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance, or money, property, medical or remedial care or any other service provided pursuant to the Children’s Health Insurance Program, having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  For the purposes of subsection 1, whenever a recipient of Temporary Assistance for Needy Families pursuant to the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

 


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this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      Sec. 97.  (Deleted by amendment.)

      Sec. 98.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 99 and 100 of this act.

      Sec. 99.  “Administrator” means the Administrator of the Division.

      Sec. 100.  The purposes of the Division are:

      1.  To ensure that the Medicaid provided by this State and the insurance provided pursuant to the Children’s Health Insurance Program in this State are provided in the manner that is most efficient to this State.

      2.  To evaluate alternative methods of providing Medicaid and providing insurance pursuant to the Children’s Health Insurance Program.

      3.  To review Medicaid, the Children’s Health Insurance Program and other health programs of this State to determine the maximum amount of money that is available from the Federal Government for such programs.

      4.  To promote access to quality health care for all residents of this State.

      5.  To restrain the growth of the cost of health care in this State.

      Sec. 101.  NRS 422.001 is hereby amended to read as follows:

      422.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [422. 010 to 422.055,] 422.021 to 422.054, inclusive, and section 99 of this act have the meanings ascribed to them in those sections.

      Sec. 102.  NRS 422.030 is hereby amended to read as follows:

      422.030  “Department” means the Department of Health and Human [Resources.] Services.

      Sec. 103.  NRS 422.041 is hereby amended to read as follows:

      422.041  [“Division of Health Care Financing and Policy”] “Division” means the Division of Health Care Financing and Policy of the Department.

      Sec. 104.  NRS 422.050 is hereby amended to read as follows:

      422.050  1.  “Public assistance” includes:

      (a) State Supplementary Assistance;

      (b) Temporary Assistance for Needy Families;

      (c) Medicaid;

      (d) Food Stamp Assistance;

      (e) Low-Income Home Energy Assistance;

      (f) The Program for Child Care and Development; and

      (g) Benefits provided pursuant to any other public welfare program administered by [the Welfare Division or] the Division [of Health Care Financing and Policy] pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.

      2.  The term does not include the Children’s Health Insurance Program.

 


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      Sec. 105.  NRS 422.151 is hereby amended to read as follows:

      422.151  1.  The Medical Care Advisory Group is hereby created within the Division . [of Health Care Financing and Policy.]

      2.  The function of the Medical Care Advisory Group is to:

      (a) Advise the Division regarding the provision of services for the health and medical care of welfare recipients.

      (b) Participate, and increase the participation of welfare recipients, in the development of policy and the administration of programs by the Division.

      Sec. 106.  NRS 422.155 is hereby amended to read as follows:

      422.155  1.  The Director shall appoint a Chairman of the Medical Care Advisory Group from among its members.

      2.  The Administrator [of the Division of Health Care Financing and Policy] or his designee shall serve as Secretary for the Medical Care Advisory Group.

      3.  The Medical Care Advisory Group:

      (a) Shall meet at least once each calendar year.

      (b) May, upon the recommendation of the Chairman, form subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the Medical Care Advisory Group.

      Sec. 107.  NRS 422.2356 is hereby amended to read as follows:

      422.2356  The Administrator:

      1.  Shall serve as the Executive Officer of the Division . [of Health Care Financing and Policy.]

      2.  Shall establish policies for the administration of the programs of the Division, and shall administer all activities and services of the Division in accordance with those policies and any regulations of the Administrator, subject to administrative supervision by the Director.

      3.  Is responsible for the management of the Division.

      Sec. 108.  NRS 422.2358 is hereby amended to read as follows:

      422.2358  The Administrator shall make:

      1.  Such reports, subject to approval by the Director, as will comply with the requirements of federal legislation and this chapter.

      2.  A biennial report to the Director on the condition, operation and functioning of the Division . [of Health Care Financing and Policy.]

      Sec. 109.  NRS 422.2362 is hereby amended to read as follows:

      422.2362  The Administrator:

      1.  Is responsible for and shall supervise the fiscal affairs and responsibilities of the Division , [of Health Care Financing and Policy,] subject to administrative supervision by the Director.

      2.  Shall present the biennial budget of the Division to the Legislature in conjunction with the Budget Division of the Department of Administration.

      3.  Shall allocate, in the interest of efficiency and economy, the State’s appropriation for the administration of each program for which the Division [of Health Care Financing and Policy] is responsible, subject to administrative supervision by the Director.

      Sec. 110.  NRS 422.2364 is hereby amended to read as follows:

      422.2364  The Administrator:

      1.  May establish, consolidate and abolish sections within the Division . [of Health Care Financing and Policy.]

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 23 (Chapter 1, AB 2)ê

 

      2.  Shall organize the Division to comply with the requirements of this chapter and with the standards required by federal legislation, subject to approval by the Director.

      3.  Shall appoint the heads of the sections of the Division.

      4.  May employ such assistants and employees as may be necessary [to] for the efficient operation of the Division.

      5.  Shall set standards of service.

      Sec. 111.  NRS 422.2366 is hereby amended to read as follows:

      422.2366  1.  The Administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Division [of Health Care Financing and Policy] at a designated time and place and the production of books, papers and records relative to:

      (a) Eligibility or continued eligibility to provide medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Children’s Health Insurance Program; and

      (b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Children’s Health Insurance Program.

      2.  If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.

      Sec. 112.  NRS 422.2368 is hereby amended to read as follows:

      422.2368  The Administrator may adopt such regulations as are necessary for the administration of [NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, 422.3755 to 422.390, inclusive, and 422.580.] this chapter.

      Sec. 113.  NRS 422.2369 is hereby amended to read as follows:

      422.2369  1.  Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the Division [of Health Care Financing and Policy] is responsible, the Administrator [shall] must give at least 30 days’ notice of his intended action.

      2.  The notice of intent to act upon a regulation must:

      (a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where [,] and the manner in which, interested persons may present their views thereon.

      (b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.

      (c) State each address at which the text of the proposed regulation may be inspected and copied.

      (d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Administrator for that purpose.

      3.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 24 (Chapter 1, AB 2)ê

 

writing. The Administrator shall consider fully all oral and written submissions relating to the proposed regulation.

      4.  The Administrator shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to this section in the manner provided in subsections 1 and 2 of NRS 241.035.

      5.  The Administrator may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.

      6.  An objection to any regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after its effective date.

      Sec. 114.  NRS 422.2372 is hereby amended to read as follows:

      422.2372  The Administrator shall:

      1.  Supply the Director with material on which to base proposed legislation.

      2.  Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.

      3.  Coordinate the activities of the Division [of Health Care Financing and Policy] with other agencies, both public and private, with related or similar activities.

      4.  Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      5.  Inform the public in regard to the activities and operation of the Division, and provide other information which will acquaint the public with the financing of Medicaid programs.

      6.  Conduct studies into the causes of the social problems with which the Division is concerned.

      7.  Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of [NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, 422.3755 to 422.390, inclusive, and 422.580.] the provisions of this chapter.

      8.  Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business [,] and to promote the efficiency of the service provided by the Division.

      Sec. 115.  NRS 422.2374 is hereby amended to read as follows:

      422.2374  1.  The Administrator shall:

      (a) Promptly comply with a request from the Unit for access to and free copies of any records or other information in the possession of the Division [of Health Care Financing and Policy] regarding a provider;

      (b) Refer to the Unit all cases in which he suspects that a provider has committed an offense pursuant to NRS 422.540 to 422.570, inclusive; and

      (c) Suspend or exclude a provider who he determines has committed an offense pursuant to NRS 422.540 to 422.570, inclusive, from participation as a provider or an employee of a provider, for a minimum of 3 years. A criminal action need not be brought against the provider before suspension or exclusion pursuant to this subsection.

      2.  As used in this section:

      (a) “Provider” means a person who has applied to participate or who participates in the State Plan for Medicaid as the provider of goods or services.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 25 (Chapter 1, AB 2)ê

 

      (b) “Unit” means the Medicaid Fraud Control Unit established in the Office of the Attorney General pursuant to NRS 228.410.

      Sec. 116.  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 422.580,] this chapter, 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, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, 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 422.580] this chapter must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.

      Sec. 117.  NRS 422.245 is hereby amended to read as follows:

      422.245  Any federal money allotted to the State of Nevada for public assistance programs and other programs for which [the Welfare Division or] the Division [of Health Care Financing and Policy] is responsible and such other money as may be received by the State for such purposes must, except as otherwise provided in NRS 425.363, be deposited in the appropriate accounts of [the Welfare Division or] the Division [of Health Care Financing and Policy] in the State General Fund.

      Sec. 118.  NRS 422.260 is hereby amended to read as follows:

      422.260  1.  The State of Nevada assents to the purposes of the Act of Congress of the United States entitled the “Social Security Act,” approved August 14, 1935, and assents to such additional federal legislation as is not inconsistent with the purposes of this chapter and NRS 432.010 to 432.085, inclusive [.] , and sections 154 to 163.8, inclusive, of this act.

      2.  The State of Nevada further accepts, with the approval of the Governor, the appropriations of money by Congress in pursuance of the Social Security Act and authorizes the receipt of such money into the State Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, and sections 154 to 163.8, inclusive, of this act, and the conditions imposed by the Social Security Act.

      3.  The State of Nevada may accept, with the approval of the Governor, any additional funds which may become or are made available for extension of programs and services administered by the Department under the provisions of the Social Security Act. Such money must be deposited in the State Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, and sections 154 to 163.8, inclusive, of this act, and the conditions and purposes under which granted by the Federal Government.

      Sec. 119.  NRS 422.265 is hereby amended to read as follows:

      422.265  If Congress passes any law increasing the participation of the Federal Government in a Nevada program for public assistance, whether relating to eligibility for assistance or otherwise:

      1.  The Director may accept, with the approval of the Governor, the increased benefits of such congressional legislation; and

      2.  The [State Welfare Administrator or the Administrator of the Division of Health Care Financing and Policy] Administrator may adopt any regulations required by the Federal Government as a condition of acceptance.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 26 (Chapter 1, AB 2)ê

 

      Sec. 120.  NRS 422.267 is hereby amended to read as follows:

      422.267  The Director shall have the power to sign and execute, in the name of the State, by “The Department of Health and Human [Resources,”] Services,” any contract or agreement with the Federal Government or its agencies.

      Sec. 121.  NRS 422.270 is hereby amended to read as follows:

      422.270  The Department shall:

      1.  Administer all public welfare programs of this State, including:

      (a) State Supplementary Assistance;

      (b) Temporary Assistance for Needy Families;

      (c) Medicaid;

      (d) Food Stamp Assistance;

      (e) Low-Income Home Energy Assistance;

      (f) The Program for Child Care and Development;

      (g) The Program for the Enforcement of Child Support;

      (h) The Children’s Health Insurance Program; and

      (i) Other welfare activities and services provided for by the laws of this State.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the State of Nevada to aid in the furtherance of any of the services and activities set forth in subsection 1.

      3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the Department in carrying out the provisions of this chapter.

      4.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the State General Fund or money from federal or other sources.

      5.  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the Director.

      6.  Make such agreements with the Federal Government as may be necessary to carry out the Supplemental Security Income Program.

      7.  As used in this section, “Program for the Enforcement of Child Support” means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and any other provisions of that act relating to the enforcement of child support.

      Sec. 122.  NRS 422.271 is hereby amended to read as follows:

      422.271  1.  The Director shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any public assistance or other program for which [the Welfare Division or] the Division [of Health Care Financing and Policy] is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:

      (a) The requirements for eligibility;

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 27 (Chapter 1, AB 2)ê

 

      (b) The nature and amounts of grants and other assistance which may be provided;

      (c) The conditions imposed; and

      (d) Such other provisions relating to the development and administration of the program as the Director deems necessary.

      2.  In developing and revising such a plan, the Director shall consider, among other things:

      (a) The amount of money available from the Federal Government;

      (b) The conditions attached to the acceptance of that money; and

      (c) The limitations of legislative appropriations and authorizations,

Ê for the particular program to which the plan applies.

      3.  The [Welfare Division shall make available to members of the general public a summary of the State Plan for Temporary Assistance for Needy Families established pursuant to this section.

      4.  The Welfare Division and the Division of Health Care Financing and Policy] Division shall comply with each state plan adopted pursuant to this section.

      Sec. 123.  NRS 422.2715 is hereby amended to read as follows:

      422.2715  1.  Upon approval of the Interim Finance Committee, the Director, through the Division , [of Health Care Financing and Policy,] shall establish a program for the provision of medical assistance to certain persons who are employed and have disabilities. The Director shall establish the program by:

      (a) Amending the State Plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII);

      (b) Amending the State Plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XV); or

      (c) Obtaining a Medicaid waiver from the Federal Government to carry out the program.

      2.  The Director may require a person participating in a program established pursuant to subsection 1 to pay a premium or other cost-sharing charges in a manner that is consistent with federal law.

      Sec. 124.  NRS 422.273 is hereby amended to read as follows:

      422.273  1.  For any Medicaid managed care program established in the State of Nevada, the Department shall contract only with a health maintenance organization that has:

      (a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;

      (b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; and

      (c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid.

Ê Nothing in this section shall be construed as exempting a federally-qualified health center, the University Medical Center of Southern Nevada or the University of Nevada School of Medicine from the requirements for contracting with the health maintenance organization.

      2.  During the development and implementation of any Medicaid managed care program, the Department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 28 (Chapter 1, AB 2)ê

 

      3.  The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.

      4.  For the purpose of contracting with a Medicaid managed care program pursuant to this section, a health maintenance organization is exempt from the provisions of NRS 695C.123.

      5.  The provisions of this section apply to any managed care organization, including a health maintenance organization, that provides health care services to recipients of Medicaid under the State Plan for Medicaid or the Children’s Health Insurance Program pursuant to a contract with the Division . [of Health Care Financing and Policy.] Such a managed care organization or health maintenance organization is not required to establish a system for conducting external reviews of final adverse determinations in accordance with chapter 695B, 695C or 695G of NRS. This subsection does not exempt such a managed care organization or health maintenance organization for services provided pursuant to any other contract.

      6.  As used in this section, unless the context otherwise requires:

      (a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      (b) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

      (c) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.

      Sec. 125.  NRS 422.274 is hereby amended to read as follows:

      422.274  1.  The Director shall apply to the Federal Government for a Medicaid waiver to extend coverage for prescription drugs and other related services to persons 65 years of age or older who are not eligible for pharmacy benefits pursuant to Medicaid and whose incomes are not more than 200 percent of the federally designated level signifying poverty.

      2.  The Director shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a Medicaid waiver pursuant to this section, including, without limitation:

      (a) Providing any necessary information requested by the Federal Government in a timely manner;

      (b) Responding promptly and thoroughly to any questions or concerns of the Federal Government concerning the application; and

      (c) Working with the Federal Government to amend any necessary provisions of the application to satisfy the requirements for approval of the application.

      3.  The Director may:

      (a) Administer a program established pursuant to this section through the Division ; [of Health Care Financing and Policy;] or

      (b) Hire a pharmacy benefits manager by contract to administer a program established pursuant to this section.

      4.  Not more than 10 percent of the money received by the Department to implement a program established pursuant to this section may be used for administrative expenses or other indirect costs.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 29 (Chapter 1, AB 2)ê

 

      5.  The Director shall submit a quarterly report concerning a program established pursuant to this section to the Interim Finance Committee and the Legislative Committee on Health Care.

      Sec. 126.  NRS 422.2745 is hereby amended to read as follows:

      422.2745  1.  Except as otherwise provided in this subsection, the Director may apply to the Federal Government for a Medicaid waiver to extend coverage for prescription drugs and other related services to persons with disabilities who have been determined to be eligible for disability benefits from the federal social security system, who are not eligible for pharmacy benefits pursuant to Medicaid and whose incomes are not more than 200 percent of the federally designated level signifying poverty. The Director shall not apply for a waiver pursuant to this subsection unless the Director and the Interim Finance Committee have determined that sufficient funds are available in this State to implement the waiver.

      2.  If the Federal Government approves a Medicaid waiver which the Director applied for pursuant to subsection 1, the Director shall adopt regulations to implement the waiver and establish a program in accordance with the waiver, including, without limitation, regulations setting forth criteria of eligibility, the services covered by the program, the amount of any copayment for which a person who receives services pursuant to the program is responsible and any limitation on the number of persons who may receive services pursuant to the program.

      3.  The Director may:

      (a) Administer a program established pursuant to this section through the Division ; [of Health Care Financing and Policy;] or

      (b) Hire a pharmacy benefits manager by contract to administer a program established pursuant to this section.

      4.  Not more than 10 percent of the money received by the Department to implement a program established pursuant to this section may be used for administrative expenses or other indirect costs.

      5.  The Director shall submit a quarterly report concerning:

      (a) The progress of the Director toward applying for a waiver pursuant to subsection 1 and establishing a program in accordance with such a waiver that has been approved by the Federal Government; and

      (b) Any program established pursuant to this section,

Ê to the Interim Finance Committee and the Legislative Committee on Health Care.

      Sec. 127.  NRS 422.275 is hereby amended to read as follows:

      422.275  The Attorney General and his deputies are the legal advisers for [the Welfare Division and] the Division . [of Health Care Financing and Policy.]

      Sec. 128.  NRS 422.278 is hereby amended to read as follows:

      422.278  Any person who is:

      1.  The subject of a hearing conducted under the authority of [the Welfare Division or] the Division ; [of Health Care Financing and Policy;] or

      2.  A witness at that hearing,

Ê and who is a person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100 and must be appointed by the person who presides at the hearing.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 30 (Chapter 1, AB 2)ê

 

      Sec. 129.  NRS 422.280 is hereby amended to read as follows:

      422.280  To ensure accuracy, uniformity and completeness in statistics and information, [the Welfare Division and] the Division [of Health Care Financing and Policy] may prescribe forms of reports and records to be kept by all persons, associations or institutions, subject to its supervision or investigation, and each such person, association or institution shall keep such records and render such reports in the form so prescribed.

      Sec. 130.  NRS 422.284 is hereby amended to read as follows:

      422.284  As a part of the health and welfare programs of this State, [the Welfare Division or] the Division [of Health Care Financing and Policy] may:

      1.  Conduct a family planning service, or contract for the provision of a family planning service, in any county of the State. Such service may include the dispensing of information and the distribution of literature on birth control and family planning methods.

      2.  Establish a policy of referral of welfare recipients for birth control.

      Sec. 131.  NRS 422.287 is hereby amended to read as follows:

      422.287  1.  As part of the health and welfare programs of this State, the Division [of Health Care Financing and Policy] or any other division designated by the Director may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this State.

      2.  The Division [of Health Care Financing and Policy] or any other division designated by the Director shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for Medicaid and any other interested person, information concerning the prenatal care available pursuant to this section.

      3.  The Division [of Health Care Financing and Policy] or any other division designated by the Department shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of this section, and such other provisions relating to the development and administration of the Program for Prenatal Care as the Director or the Administrator , [of the Division of Health Care Financing and Policy,] as applicable, deems necessary.

      Sec. 132.  NRS 422.290 is hereby amended to read as follows:

      422.290  1.  To restrict the use or disclosure of any information concerning applicants for and recipients of public assistance or assistance pursuant to the Children’s Health Insurance Program to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, [the Welfare Division and] the Division [of Health Care Financing and Policy] shall establish and enforce reasonable regulations governing the custody, use and preservation of any records, files and communications filed with [the Welfare Division or] the Division . [of Health Care Financing and Policy.]

      2.  If, pursuant to a specific statute or a regulation of [the Welfare Division or] the Division , [of Health Care Financing and Policy,] names and addresses of, or information concerning, applicants for and recipients of assistance, including, without limitation, assistance pursuant to the Children’s Health Insurance Program, are furnished to or held by any other agency or department of government, such agency or department of government is bound by the regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 31 (Chapter 1, AB 2)ê

 

publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.

      3.  Except for purposes directly connected with the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to a recipient of assistance, including, without limitation, a recipient of assistance pursuant to the Children’s Health Insurance Program, under the provisions of this chapter.

      Sec. 133.  NRS 422.301 is hereby amended to read as follows:

      422.301  The Administrator and the Division [of Health Care Financing and Policy] shall administer the provisions of [NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, 422.3755 to 422.390, inclusive, and 422.580,] this chapter, subject to administrative supervision by the Director.

      Sec. 134.  NRS 422.302 is hereby amended to read as follows:

      422.302  1.  Any gifts or grants of money which the Division [of Health Care Financing and Policy] is authorized to accept must be deposited in the State Treasury to the credit of the Gift and Cooperative Account of the Division [of Health Care Financing and Policy] which is hereby created in the Department of Health and Human [Resources’] Services’ Gift Fund.

      2.  Money in the Account must be used for health care purposes only and expended in accordance with the terms of the gift or grant.

      3.  All claims must be approved by the Administrator before they are paid.

      Sec. 135.  NRS 422.303 is hereby amended to read as follows:

      422.303  The Department, through the Division , [of Health Care Financing and Policy,] may reimburse directly, under the State Plan for Medicaid, any registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the State Board of Nursing, for such services rendered under the authorized scope of his practice to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.

      Sec. 136.  NRS 422.304 is hereby amended to read as follows:

      422.304  1.  The Department, through the Division , [of Health Care Financing and Policy,] shall pay, under the State Plan for Medicaid:

      (a) A facility for hospice care licensed pursuant to chapter 449 of NRS for the services for hospice care, including room and board, provided by that facility to a person who is eligible to receive Medicaid.

      (b) A program for hospice care licensed pursuant to chapter 449 of NRS for the services for hospice care provided by that program to a person who is eligible to receive Medicaid.

      2.  As used in this section:

      (a) “Facility for hospice care” has the meaning ascribed to it in NRS 449.0033.

      (b) “Hospice care” has the meaning ascribed to it in NRS 449.0115.

      Sec. 137.  NRS 422.3045 is hereby amended to read as follows:

      422.3045  1.  If the Division [of Health Care Financing and Policy] denies an application for the Children’s Health Insurance Program, the Division shall provide written notice of the decision to the applicant. An applicant who disagrees with the denial of the application may request a review of the case and a hearing before an impartial hearing officer by filing a written request within 30 days after the date of the notice of the decision at the address specified in the notice.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 32 (Chapter 1, AB 2)ê

 

a written request within 30 days after the date of the notice of the decision at the address specified in the notice.

      2.  The Division [of Health Care Financing and Policy] shall adopt regulations regarding the review and hearing before an impartial hearing officer. The decision of the hearing officer must be in writing.

      3.  The applicant may at any time within 30 days after the date on which the written decision is mailed, petition the district court of the judicial district in which the applicant resides to review the decision. The district court shall review the decision on the record. The decision and record must be certified as correct and filed with the court by the Administrator . [of the Division for Health Care Financing and Policy.]

      4.  The review by the court must be in accordance with NRS 422.279.

      Sec. 138.  NRS 422.305 is hereby amended to read as follows:

      422.305  1.  Except as otherwise provided in subsection 2 and in NRS 228.410 and 422.2374, any information obtained by the Division [of Health Care Financing and Policy] in an investigation of a provider of services under the State Plan for Medicaid is confidential.

      2.  The information presented as evidence at a hearing:

      (a) To enforce the provisions of NRS 422.450 to 422.590, inclusive; or

      (b) To review an action by the Division [of Health Care Financing and Policy] against a provider of services under the State Plan for Medicaid,

Ê is not confidential, except for the identity of any recipient of the assistance.

      Sec. 139.  NRS 422.306 is hereby amended to read as follows:

      422.306  1.  Upon receipt of a request for a hearing from a provider of services under the State Plan for Medicaid, the Division [of Health Care Financing and Policy] shall appoint a hearing officer to conduct the hearing. Any employee or other representative of the Division [of Health Care Financing and Policy] who investigated or made the initial decision regarding the action taken against a provider of services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.

      2.  The Division [of Health Care Financing and Policy] shall adopt regulations prescribing the procedures to be followed at the hearing.

      3.  The decision of the hearing officer is a final decision. Any party, including the Division , [of Health Care Financing and Policy,] who is aggrieved by the decision of the hearing officer may appeal that decision to the District Court in and for Carson City by filing a petition for judicial review within 30 days after receiving the decision of the hearing officer.

      4.  A petition for judicial review filed pursuant to this section must be served upon every party within 30 days after the filing of the petition for judicial review.

      5.  Unless otherwise provided by the court:

      (a) Within 90 days after the service of the petition for judicial review, the Division [of Health Care Financing and Policy] shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including, without limitation, a transcript of the evidence resulting in the final decision of the hearing officer;

      (b) The petitioner who is seeking judicial review pursuant to this section shall serve and file an opening brief within 40 days after the Division [of Health Care Financing and Policy] gives written notice to the parties that the record of the proceeding under review has been filed with the court;

 


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      (c) The respondent shall serve and file an answering brief within 30 days after service of the opening brief; and

      (d) The petitioner may serve and file a reply brief within 30 days after service of the answering brief.

      6.  Within 7 days after the expiration of the time within which the petitioner may reply, any party may request a hearing. Unless a request for hearing has been filed, the matter shall be deemed submitted.

      7.  The review of the court must be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the Division ; [of Health Care Financing and Policy;]

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

      Sec. 140.  NRS 422.369 is hereby amended to read as follows:

      422.369  A person authorized by the Division [of Health Care Financing and Policy] to furnish the types of medical and remedial care for which assistance may be provided under the Plan, or an agent or employee of the authorized person, who, with the intent to defraud, furnishes such care upon presentation of a Medicaid card which he knows was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged, expired or revoked, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 141.  NRS 422.3775 is hereby amended to read as follows:

      422.3775  1.  Each nursing facility that is licensed in this State shall pay a fee assessed by the Division [of Health Care Financing and Policy] to increase the quality of nursing care in this State.

      2.  To determine the amount of the fee to assess pursuant to this section, the Division [of Health Care Financing and Policy] shall establish a uniform rate per non-Medicare patient day that is equivalent to 6 percent of the total annual accrual basis gross revenue for services provided to patients of all nursing facilities licensed in this State. For the purposes of this subsection, total annual accrual basis gross revenue does not include charitable contributions received by a nursing facility.

      3.  The Division [of Health Care Financing and Policy] shall calculate the fee owed by each nursing facility by multiplying the total number of days of care provided to non-Medicare patients by the nursing facility, as provided to the Division pursuant to NRS 422.378, by the uniform rate established pursuant to subsection 2.

      4.  A fee assessed pursuant to this section is due 30 days after the end of the month for which the fee was assessed.

 


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      5.  The payment of a fee to the Division [of Health Care Financing and Policy] pursuant to NRS 422.3755 to 422.379, inclusive, is an allowable cost for Medicaid reimbursement purposes.

      Sec. 142.  NRS 422.378 is hereby amended to read as follows:

      422.378  1.  Each nursing facility shall file with the Division [of Health Care Financing and Policy] each month a report setting forth the total number of days of care it provided to non-Medicare patients during the preceding month, the total gross revenue it earned as compensation for services provided to patients during the preceding month and any other information required by the Division.

      2.  Each nursing facility shall file with the Division [of Health Care Financing and Policy] any information required and requested by the Division to carry out the provisions of NRS 422.3755 to 422.379, inclusive.

      Sec. 143.  NRS 422.3785 is hereby amended to read as follows:

      422.3785  1.  There is hereby created in the State Treasury the Fund to Increase the Quality of Nursing Care, to be administered by the Division . [of Health Care Financing and Policy.]

      2.  The Fund to Increase the Quality of Nursing Care must be a separate and continuing fund, and no money in the Fund reverts to the State General Fund at any time. The interest and income on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      3.  Any money received by the Division [of Health Care Financing and Policy] pursuant to NRS 422.3755 to 422.379, inclusive, must be deposited in the State Treasury for credit to the Fund to Increase the Quality of Nursing Care, and must be expended, to the extent authorized by federal law, to obtain federal financial participation in the Medicaid Program, and in the manner set forth in subsection 4.

      4.  Expenditures from the Fund to Increase the Quality of Nursing Care must be used only:

      (a) To increase the rates paid to nursing facilities for providing services pursuant to the Medicaid Program and may not be used to replace existing state expenditures paid to nursing facilities for providing services pursuant to the Medicaid Program; and

      (b) To administer the provisions of NRS 422.3755 to 422.379, inclusive. The amount expended pursuant to this paragraph must not exceed 1 percent of the money received from the fees assessed pursuant to NRS 422.3755 to 422.379, inclusive, and must not exceed the amount authorized for expenditure by the Legislature for administrative expenses in a fiscal year.

      5.  If federal law or regulation prohibits the money in the Fund to Increase the Quality of Nursing Care from being used in the manner set forth in this section, the rates paid to nursing facilities for providing services pursuant to the Medicaid Program must be changed:

      (a) Except as otherwise provided in paragraph (b), to the rates paid to such facilities on June 30, 2003; or

      (b) If the Legislature or the Division [of Health Care Financing and Policy] has on or after July 1, 2003, changed the rates paid to such facilities through a manner other than the use of expenditures from the Fund to Increase the Quality of Nursing Care, to the rates provided for by the Legislature or the Division . [of Health Care Financing and Policy.]

 


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      Sec. 144.  NRS 422.379 is hereby amended to read as follows:

      422.379  The Division [of Health Care Financing and Policy] shall establish administrative penalties for the late payment by a nursing facility of a fee assessed pursuant to NRS 422.3755 to 422.379, inclusive.

      Sec. 145.  NRS 422.382 is hereby amended to read as follows:

      422.382  1.  In a county whose population is 100,000 or more within which:

      (a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to:

             (1) Seventy percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, less $1,050,000; or

             (2) Sixty-eight and fifty-four one hundredths percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year,

Ê whichever is less, to the Division . [of Health Care Financing and Policy.]

      (b) A private hospital which receives a disproportionate share payment pursuant to paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer 1.95 percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, but not more than $1,500,000, to the Division . [of Health Care Financing and Policy.]

      2.  A county that transfers the amount required pursuant to paragraph (b) of subsection 1 to the Division [of Health Care Financing and Policy] is discharged of the duty and is released from liability for providing medical treatment for indigent inpatients who are treated in the hospital in the county that receives a payment pursuant to paragraph (c) of subsection 2 of NRS 422.387.

      3.  The money transferred to the Division [of Health Care Financing and Policy] pursuant to subsection 1 must not come from any source of funding that could result in any reduction in revenue to the State pursuant to 42 U.S.C. § 1396b(w).

      4.  Any money collected pursuant to subsection 1, including any interest or penalties imposed for a delinquent payment, must be deposited in the State Treasury for credit to the Intergovernmental Transfer Account in the State General Fund to be administered by the Division . [of Health Care Financing and Policy.]

      5.  The interest and income earned on money in the Intergovernmental Transfer Account, after deducting any applicable charges, must be credited to the Account.

      Sec. 146.  NRS 422.385 is hereby amended to read as follows:

      422.385  1.  The allocations and payments required pursuant to subsections 1 to 5, inclusive, of NRS 422.387 must be made, to the extent allowed by the State Plan for Medicaid, from the Medicaid Budget Account.

      2.  Except as otherwise provided in subsection 3 and subsection 6 of NRS 422.387, the money in the Intergovernmental Transfer Account must be transferred from that Account to the Medicaid Budget Account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the Account exceeds the amount authorized for expenditure by the Division [of Health Care Financing and Policy] for the purposes specified in NRS 422.387, the Division [of Health Care Financing and Policy] is authorized to expend the additional revenue in accordance with the provisions of the State Plan for Medicaid.

 


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authorized to expend the additional revenue in accordance with the provisions of the State Plan for Medicaid.

      3.  If enough money is available to support Medicaid and to make the payments required by subsection 6 of NRS 422.387, money in the Intergovernmental Transfer Account may be transferred:

      (a) To an account established for the provision of health care services to uninsured children pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the Children’s Health Insurance Program; or

      (b) To carry out the provisions of NRS 439B.350 and 439B.360.

      Sec. 147.  NRS 422.387 is hereby amended to read as follows:

      422.387  1.  Before making the payments required or authorized by this section, the Division [of Health Care Financing and Policy] shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the Legislature for this purpose in a fiscal year. The Interim Finance Committee may adjust the amount allowed for administrative costs.

      2.  The State Plan for Medicaid must provide for the payment of the maximum amount of disproportionate share payments allowable under federal law and regulations. The State Plan for Medicaid must provide that for:

      (a) All public hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $66,650,000 plus 90 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

      (b) All private hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $1,200,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

      (c) All private hospitals in counties whose population is 100,000 or more but less than 400,000, the total annual disproportionate share payments are $4,800,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

      (d) All public hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $900,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000; and

      (e) All private hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $2,450,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000.

      3.  The State Plan for Medicaid must provide for a base payment in an amount determined pursuant to subsections 4 and 5. Any amount set forth in each paragraph of subsection 2 that remains after all base payments have been distributed must be distributed to the hospital within that paragraph with the highest uncompensated care percentage in an amount equal to either the amount remaining after all base payments have been distributed or the amount necessary to reduce the uncompensated care percentage of that hospital to the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage, whichever is less.

 


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whichever is less. Any amount set forth in subsection 2 that remains after the uncompensated care percentage of the hospital with the highest uncompensated care percentage in a paragraph has been reduced to equal the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage must be distributed equally to the two hospitals with the highest uncompensated care percentage in that paragraph until their uncompensated care percentages are equal to the uncompensated care percentage of the hospital with the third highest uncompensated care percentage in that paragraph. This process must be repeated until all available funds set forth in a paragraph of subsection 2 have been distributed.

      4.  Except as otherwise provided in subsection 5, the base payments for the purposes of subsection 3 are:

      (a) For the University Medical Center of Southern Nevada, $66,531,729;

      (b) For Washoe Medical Center, $4,800,000;

      (c) For Carson-Tahoe Hospital, $1,000,000;

      (d) For Northeastern Nevada Regional Hospital, $500,000;

      (e) For Churchill Community Hospital, $500,000;

      (f) For Humboldt General Hospital, $215,109;

      (g) For William Bee Ririe Hospital, $204,001;

      (h) For Mt. Grant General Hospital, $195,838;

      (i) For South Lyon Medical Center, $174,417; and

      (j) For Nye Regional Medical Center, $115,000,

Ê or the successors in interest to such hospitals.

      5.  The Plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions. If the total amount available to the State for making disproportionate share payments is less than $76,000,000, the Administrator:

      (a) Shall adjust the amounts for each group of hospitals described in a paragraph of subsection 2 proportionally in accordance with the limits of federal law. If the amount available to hospitals in a group described in a paragraph of subsection 2 is less than the total amount of base payments specified in subsection 4, the Administrator shall reduce the base payments proportionally in accordance with the limits of federal law.

      (b) Shall adopt a regulation specifying the amount of the reductions required by paragraph (a).

      6.  To the extent that money is available in the Intergovernmental Transfer Account, the Division [of Health Care Financing and Policy] shall distribute $50,000 from that Account each fiscal year to each public hospital which:

      (a) Is located in a county that does not have any other hospitals; and

      (b) Is not eligible for a payment pursuant to subsections 2, 3 and 4.

      7.  As used in this section:

      (a) “Total revenue” is the amount of revenue a hospital receives for patient care and other services, net of any contractual allowances or bad debts.

      (b) “Uncompensated care costs” means the total costs of a hospital incurred in providing care to uninsured patients, including, without limitation, patients covered by Medicaid or another governmental program for indigent patients, less any payments received by the hospital for that care.

 


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      (c) “Uncompensated care percentage” means the uncompensated care costs of a hospital divided by the total revenue for the hospital.

      Sec. 148.  NRS 422.390 is hereby amended to read as follows:

      422.390  1.  The Division [of Health Care Financing and Policy] shall adopt regulations concerning:

      (a) Procedures for the transfer to the Division [of Health Care Financing and Policy] of the amount required pursuant to NRS 422.382.

      (b) Provisions for the payment of a penalty and interest for a delinquent transfer.

      (c) Provisions for the payment of interest by the Division [of Health Care Financing and Policy] for late reimbursements to hospitals or other providers of medical care.

      (d) Provisions for the calculation of the uncompensated care percentage for hospitals, including, without limitation, the procedures and methodology required to be used in calculating the percentage, and any required documentation of and reporting by a hospital relating to the calculation.

      2.  The Division [of Health Care Financing and Policy] shall report to the Interim Finance Committee quarterly concerning the provisions of NRS 422.380 to 422.390, inclusive.

      Sec. 149.  NRS 422.410 is hereby amended to read as follows:

      422.410  1.  Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance, or money, property, medical or remedial care or any other service provided pursuant to the Children’s Health Insurance Program, having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  For the purposes of subsection 1, whenever a recipient of Temporary Assistance for Needy Families pursuant to the provisions of this chapter and sections 2 to 97, inclusive, of this act receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the [Welfare] Division of Welfare and Supportive Services of the Department of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      Sec. 150.  NRS 427A.470 is hereby amended to read as follows:

      427A.470  1.  “Home” means residential living quarters located in this State. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 2 acres, and any outbuildings and facilities reasonably necessary for use of the unit as residential living quarters.

      2.  The term includes:

 


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      (a) A mobile or manufactured home.

      (b) A home, mobile or manufactured home or dwelling that the claimant [possesses] and spouse of the claimant possess under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.

      (c) A residential facility for groups required to be licensed by the Health Division of the Department [of Human Resources] pursuant to NRS 449.001 to 449.240, inclusive.

      (d) A dwelling within any housing project which has been established pursuant to chapter 315 of NRS and for which the housing authority makes payments in lieu of taxes.

      3.  The term does not include any part of the building or land which is not used as living quarters by the claimant and spouse and which produces income for the claimant or spouse, if the residential living quarters are part of a multipurpose building.

      Sec. 151.  NRS 427A.485 is hereby amended to read as follows:

      427A.485  “Income” means adjusted gross income, as defined in the Internal Revenue Code, and includes:

      1.  Tax-free interest;

      2.  The untaxed portion of a pension , individual retirement account or annuity;

      3.  Railroad retirement benefits;

      4.  Veterans’ pensions and compensation;

      5.  Payments received pursuant to the federal Social Security Act, including supplemental security income, but excluding hospital and medical insurance benefits for the aged and disabled;

      6.  Public welfare payments, including allowances for shelter;

      7.  Unemployment insurance benefits;

      8.  Payments for lost time;

      9.  Payments received from disability insurance;

      10.  Disability payments received pursuant to workers’ compensation insurance;

      11.  Alimony;

      12.  Support payments;

      13.  Allowances received by dependents of servicemen;

      14.  The amount of recognized capital gains and losses excluded from adjusted gross income;

      15.  Life insurance proceeds in excess of $5,000;

      16.  Bequests and inheritances; and

      17.  Gifts of cash of more than $300 not between household members and such other kinds of cash received by a household as the Division specifies by regulation.

      Sec. 152.  NRS 427A.540 is hereby amended to read as follows:

      427A.540  No claim may be accepted by the Division if the:

      1.  Claimant or spouse of the claimant owns real property, other than that claimed as a home, which has an assessed value of more than $30,000;

      2.  Home of the claimant and spouse of the claimant has an assessed value of more than $87,500; or

      3.  Liquid assets of the claimant and spouse of the claimant are more than $150,000.

      Sec. 152.5.  NRS 428.355 is hereby amended to read as follows:

      428.355  As used in NRS 428.355 [to 428.395, inclusive,] , 428.365 and 428.375, unless the context otherwise requires:

 


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      1.  “Community Services Block Grant Act” means the federal act set forth in 42 U.S.C. §§ 9901 et seq.

      2.  “Director” means the Director of the Department of Human Resources.

      3.  “Eligible entity” has the meaning ascribed to it in 42 U.S.C. § 9902.

      Sec. 153.  Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 154 to 163.8, inclusive, of this act.

      Sec. 154.  1.  The purposes of the Division are to:

      (a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.

      (b) Aid in the preservation, rehabilitation and reunification of families.

      (c) Ensure that children are placed in the least restrictive environment available which is appropriate to their needs.

      (d) Coordinate and provide services for youth who are in need of residential care or in need of treatment, or both.

      2.  In accomplishing its purposes, the Division shall:

      (a) Establish and coordinate a system for:

             (1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;

             (2) The referral of children and families to appropriate services; and

             (3) The management and monitoring of cases in which children and families are referred to multiple services.

      (b) Plan and coordinate the provision of services for the support of families to:

             (1) Maintain the integrity of families;

             (2) Ensure that children are not unnecessarily removed from their homes; and

             (3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.

      (c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.

      (d) Work closely with other governmental agencies and with public and private agencies providing the same or similar services.

      3.  The Division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.

      4.  The Division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or who have otherwise come into contact with law enforcement agencies. The Administrator shall observe and evaluate the success of those programs.

      Sec. 155.  The Division consists of an Administrator and:

      1.  The Nevada Youth Training Center Bureau;

      2.  The Caliente Youth Center Bureau;

      3.  The Bureau of Services for Child Care;

      4.  The Youth Parole Bureau; and

 


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      5.  Within the limits of legislative appropriation, such additional administrative sections as the Administrator determines are necessary to perform the functions of the Division.

      Sec. 156.  The Administrator must be appointed on the basis of his education, training, experience, demonstrated abilities and his interest in the provision of services to children and families and related programs.

      Sec. 157.  1.  The Administrator shall appoint, with the approval of the Director, a chief of each of the bureaus in the Division. The chiefs are designated respectively as:

      (a) The Superintendent of the Nevada Youth Training Center;

      (b) The Superintendent of the Caliente Youth Center;

      (c) The Chief of the Bureau of Services for Child Care; and

      (d) The Chief of the Youth Parole Bureau.

      2.  The Administrator is responsible for the administration, through the Division, of the provisions of chapters 63 and 424 of NRS, NRS 127.220 to 127.310, inclusive, 432.010 to 432.085, inclusive, sections 154 to 163.8, inclusive, of this act, and 433B.010 to 433B.350, inclusive, and all other provisions of law relating to the functions of the Division, but is not responsible for the professional activities of the components of the Division except as specifically provided by law.

      Sec. 158.  1.  The Superintendents of the Nevada Youth Training Center, the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS are in the unclassified service of the State unless federal law or regulation requires otherwise.

      2.  The Chief of the Bureau of Services for Child Care and the Chief of the Youth Parole Bureau are in the classified service of the State.

      Sec. 159.  The chief of each bureau of the Division shall:

      1.  Administer the provisions of law relating to his bureau, subject to the administrative supervision of the Administrator.

      2.  Except as otherwise provided in NRS 284.143, devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 160.  1.  Except as otherwise provided in subsection 2 and by specific statute:

      (a) The Division shall:

             (1) Establish and impose a schedule of fees for services rendered through each of its programs. The highest fee established for a service must approximate the cost of providing the service.

             (2) Establish a scale proportionate to income so that families whose income is low can afford services preventive of greater expense to the family or the public afterward.

             (3) Submit the schedule to the Director for approval before enforcement.

      (b) The fees collected pursuant to the schedule must be deposited in the State Treasury to the credit of the State General Fund.

      (c) The Administrator may waive any fee established pursuant to the schedule if he determines that the person required to pay that fee is financially unable to do so.

      2.  Fees collected pursuant to this section for services provided to juveniles committed to the custody of the Division, the Nevada Youth Training Center, the Caliente Youth Center or any other state facility for the detention of children pursuant to title 5 of NRS must be deposited with the State Treasurer for credit to a separate account in the State General Fund for expenditure by the Administrator to carry out the powers and duties of the Administrator and the Division.

 


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the detention of children pursuant to title 5 of NRS must be deposited with the State Treasurer for credit to a separate account in the State General Fund for expenditure by the Administrator to carry out the powers and duties of the Administrator and the Division.

      Sec. 161.  1.  Except for gifts or grants specifically accounted for in another account, any gifts or grants of money which the Division is authorized to accept must be deposited in the State Treasury to the credit of the Division of Child and Family Services’ Gift and Cooperative Account in the Department of Health and Human Services’ Gift Fund.

      2.  Money in the Account must be expended in accordance with the terms of the gift or grant.

      3.  All claims must be approved by the Administrator before they are paid.

      Sec. 162.  1.  The Department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Director or a person designated by the Director for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district court for enforcement of the subpoena.

      2.  The District Court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpoenaed in accordance with this section; and

      (c) That the witness has failed or refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.

      4.  The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

 


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      Sec. 163.  1.  The Department, through the Division, is the sole state agency for the establishment of standards for the receipt of federal money in the field of juvenile development and for programs to prevent, combat and control delinquency. The Administrator, with the approval of the Director, may develop state plans, make reports to the Federal Government and comply with such other conditions as may be imposed by the Federal Government for the receipt of assistance for those programs. In developing and revising state plans, the Administrator shall consider, among other things, the amount of money available from the Federal Government for those programs and the conditions attached to that money, and the limitations of legislative appropriations for the programs.

      2.  The Administrator shall cause to be deposited with the State Treasurer all money allotted to this State by the Federal Government for the purposes described in this section and shall cause to be paid out of the State Treasury the money therein deposited for those purposes.

      Sec. 163.2.  1.  All gifts of money that the Division is authorized to accept must be deposited in the Nevada Children’s Gift Account in the Department of Health and Human Services’ Gift Fund.

      2.  Money in the Gift Account may be used to benefit the children to whom shelter and care is provided by the Division. Each gift must be expended in accordance with the terms of the gift.

      3.  The interest and income earned on the money in the Nevada Children’s Gift Account, after deducting any applicable charges, must be credited to the Gift Account.

      4.  The Division may transfer each fiscal year from the Nevada Children’s Gift Account to the Nevada Children’s Gift Revolving Account created pursuant to section 163.4 of this act an amount not to exceed the amount of interest and income earned for that fiscal year on the money in the Nevada Children’s Gift Account.

      5.  Each claim against the Nevada Children’s Gift Account must be approved by the Administrator or his designee before it is paid.

      Sec. 163.4.  1.  The Nevada Children’s Gift Revolving Account is hereby created. All money in the Nevada Children’s Gift Revolving Account must be deposited in a financial institution qualified to receive deposits of public money and must be secured with a depository bond that is satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

      2.  The money in the Nevada Children’s Gift Revolving Account may be distributed by the Division to foster parents, upon request, on the basis of need, to pay the costs associated with participation by a child in foster care in intramural, recreational, social, school and sports-related activities, including, without limitation, uniforms and equipment, the rental of musical instruments, registration fees and art lessons.

      3.  All requests for distributions of money from the Nevada Children’s Gift Revolving Account must be made to the Division in writing. The person making the request must demonstrate that all other resources for money to pay for the activity have been exhausted.

      4.  The Division shall develop policies for the administration of this section.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 44 (Chapter 1, AB 2)ê

 

      5.  Purchases made by the Division pursuant to this section are exempt from the provisions of the State Purchasing Act.

      6.  The balance in the Nevada Children’s Gift Revolving Account must be carried forward at the end of each fiscal year.

      Sec. 163.6.  1.  The Account to Assist Persons Formerly in Foster Care is hereby established in the Department of Health and Human Services’ Gift Fund.

      2.  The Account must be administered by the Administrator.

      3.  The money in the Account must be used to assist persons who attained the age of 18 years while children in foster care in this State to make the transition from foster care to economic self-sufficiency, and may, consistent with that purpose, be:

      (a) Disbursed on behalf of such persons, on the basis of need, to obtain goods and services, including, without limitation:

             (1) Job training;

             (2) Housing assistance; and

             (3) Medical insurance;

      (b) Granted to nonprofit community organizations; or

      (c) Expended to provide matching money required as a condition of any federal grant.

      4.  A request for the disbursement of money from the Account pursuant to paragraph (a) of subsection 3 must be made to the Division in writing. The request must include information to demonstrate that all other resources for money to pay for the goods and services have been exhausted.

      5.  The Division shall adopt such regulations as necessary for the administration of this section.

      6.  Money in the Account at the end of any fiscal year remains in the Account and does not revert to any other fund.

      Sec. 163.8.  1.  The Department may enter into a contract with a person for the provision of shelter and care to children who are placed in the custody of an agency which provides child welfare services.

      2.  The Department may not enter into a contract pursuant to this section unless it is satisfied that the person is qualified and has the necessary facilities and money to provide adequate shelter and care to the children.

      3.  The Department shall adopt such regulations as are necessary to ensure that the person provides adequate shelter and care for the children placed in his care.

      4.  The person shall comply with all regulations adopted pursuant to this section.

      Sec. 164.  NRS 432.010 is hereby amended to read as follows:

      432.010  As used in this chapter, except as otherwise defined by specific statute or unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      3.  “Child” means a person less than 18 years of age [,] or , if in school, until graduation from high school.

      4.  “Department” means the Department of Health and Human Services.

      5.  “Director” means the Director of the Department.

 


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      6.  “Division” means the Division of Child and Family Services of the Department . [of Human Resources.

      5.] 7.  “Maintenance” means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or monetary payments therefor.

      [6.] 8.  “Special services” means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.

      Sec. 165.  NRS 432.0305 is hereby amended to read as follows:

      432.0305  The Department , [of Human Resources,] through the Division, shall:

      1.  Observe and study the changing nature and extent of the need for child welfare services and develop through tests and demonstrations effective ways of meeting those needs.

      2.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including the adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of programs for child welfare, and in increasing the efficiency of those programs by prompt and judicious use of new federal grants which will assist the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive [.] , and sections 154 to 163.8, inclusive, of this act. The Department shall consider any request for a change in the state plan submitted by an agency which provides child welfare services.

      3.  Enter into reciprocal agreements with other states relative to services for child welfare and institutional care, when deemed necessary or convenient by the Administrator . [of the Division.]

      4.  Enter into agreements with an agency which provides child welfare services in a county whose population is 100,000 or more when deemed necessary or convenient by the Administrator . [of the Division.]

      5.  Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and sections 154 to 163.8, inclusive, of this act, and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the Legislature.

      Sec. 166.  NRS 432.031 is hereby amended to read as follows:

      432.031  1.  The Department , [of Human Resources,] through the Division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the State to aid in the furtherance of any services and activities for child welfare.

      2.  If the Congress of the United States passes any law increasing the participation of the Federal Government in a Nevada Program for Child Welfare, either as relates to eligibility for assistance or otherwise, the Director [of the Department of Human Resources] is authorized to accept, with the approval of the Governor, the increased benefits of that legislation. The Division may adopt such standards as are required by the Congress of the United States as a condition to the acceptance of those benefits.

      3.  An agency which provides child welfare services in a county whose population is 100,000 or more shall enter into such agreements with the Division as are necessary to maximize the amount of money that this State may obtain from the Federal Government for the provision of child welfare services throughout this State.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 46 (Chapter 1, AB 2)ê

 

      Sec. 167.  NRS 432.034 is hereby amended to read as follows:

      432.034  Written statements of information required from responsible relatives of applicants for or recipients of assistance pursuant to NRS 432.010 to 432.085, inclusive, and sections 154 to 163.8, inclusive, of this act need not be under oath, but any person who signs such a statement and willfully states therein as true any material matter which he knows to be false is guilty of perjury which is a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 168.  NRS 432.091 is hereby amended to read as follows:

      432.091  The provisions of NRS 432.010 to 432.085, inclusive, and sections 154 to 163.8, inclusive, of this act do not apply to the Program for Child Care and Development administered by the [Welfare] Division of Welfare and Supportive Services of the Department [of Human Resources] pursuant to [chapter 422 of NRS.] sections 2 to 97, inclusive, of this act.

      Sec. 169.  NRS 432.133 is hereby amended to read as follows:

      432.133  1.  The Director [of the Department of Human Resources] is responsible for administering the Children’s Trust Account. He may delegate to the Administrator any of the duties involved in administering the Account.

      2.  The Director shall report to each regular session of the Legislature regarding the agencies or organizations that have been awarded money from the Children’s Trust Account, the money credited to the Account, the interest and income on the money in the Account, any unexpended money in the Account [,] and the general expenses of administering the Account.

      Sec. 170.  NRS 432.135 is hereby amended to read as follows:

      432.135  1.  The Committee for Protection of Children is hereby created within the Department . [of Human Resources.]

      2.  The Committee consists of the following seven members, with at least one member residing within a county whose population is less than 100,000:

      (a) The Administrator;

      (b) A superintendent of a county school district appointed by the Director ; [of the Department of Human Resources;]

      (c) A director of a local agency providing services for abused or neglected children appointed by the Director of the Department ; [of Human Resources;]

      (d) A representative of a community organization involved with children, appointed by the Director ; [of the Department of Human Resources;] and

      (e) Three members of the general public with knowledge of or experience in services to prevent abuse or neglect of children, appointed by the Governor.

      Sec. 171.  NRS 432.137 is hereby amended to read as follows:

      432.137  1.  The Committee for Protection of Children shall meet at least twice a year. Additional meetings may be called by the Director [of the Department of Human Resources] as he determines necessary.

      2.  The expenses for travel of those members who are not state employees and the cost of the meetings must be paid solely out of the money in the Children’s Trust Account available for administrative expenses under subsection 2 of NRS 432.131.

      Sec. 172.  NRS 432A.026 is hereby amended to read as follows:

      432A.026  “Department” means the Department of Health and Human [Resources.] Services.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 47 (Chapter 1, AB 2)ê

 

      Sec. 173.  NRS 432A.035 is hereby amended to read as follows:

      432A.035  The provisions of this chapter do not apply to the Program for Child Care and Development administered by the [Welfare] Division of Welfare and Supportive Services of the Department [of Human Resources] pursuant to [chapter 422 of NRS.] sections 2 to 97, inclusive, of this act.

      Sec. 174.  NRS 432A.060 is hereby amended to read as follows:

      432A.060  The Chief [shall] must be appointed , with the consent of the Director, on the basis of his education, training, experience and demonstrated abilities and his interest in child care services and programs.

      Sec. 175.  NRS 432A.110 is hereby amended to read as follows:

      432A.110  1.  All gifts of money which the Bureau is authorized to accept must be deposited in the State Treasury for credit to the Gift Account for Child Care Services in the Department of Health and Human [Resources’] Services’ Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  All claims must be approved by the Chief before they are paid.

      Sec. 175.5.  NRS 432B.550 is hereby amended to read as follows:

      432B.550  1.  If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:

      (a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

      (b) Place him in the temporary or permanent custody of a relative or other person who the court finds suitable to receive and care for him with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or

      (c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Human Resources or a county whose population is 100,000 or more to care for such a child . [; or

      (d) Commit him to the custody of the Superintendent of the Northern Nevada Children’s Home or the Superintendent of the Southern Nevada Children’s Home, in accordance with chapter 423 of NRS.]

Ê In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159 of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

      2.  If, pursuant to subsection 1, a child is placed other than with a parent:

      (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.

      (b) The court shall set forth good cause why the child was placed other than with a parent.

      3.  If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

 


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with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

      4.  Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the report need not be sent to that parent.

      5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:

      (a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

      (b) If practicable, together with his siblings.

Ê Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of his home. If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.

      6.  Within 60 days after the removal of a child from his home, the court shall:

      (a) Determine whether:

             (1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or

             (2) No such efforts are required in the particular case; and

      (b) Prepare an explicit statement of the facts upon which its determination is based.

      Secs. 176-177.  (Deleted by amendment.)

      Sec. 178.  NRS 127.275 is hereby amended to read as follows:

      127.275  1.  Except as otherwise provided in this section:

      (a) In a county whose population is less than 100,000, the Division shall, in accordance with [NRS 232.464;] section 160 of this act; and

      (b) In a county whose population is 100,000 or more, the board of county commissioners of the county shall, by ordinance,

Ê charge reasonable fees for the services provided by an agency which provides child welfare services in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required by NRS 127.2805.

      2.  The fees charged for those services must vary based on criteria developed by the Division and board of county commissioners but must not exceed the usual and customary fees that child-placing agencies in the area where the services are provided, or in a similar geographic area, would charge for those services. The Division and board of county commissioners shall not discriminate between adoptions made through an agency and specific adoptions in setting their fees.

      3.  A fee must not be charged for services related to the adoption of a child with special needs.

      4.  An agency which provides child welfare services may waive or reduce any fee charged pursuant to this section if the agency which provides child welfare services determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

 


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child welfare services determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

      5.  Any money collected by an agency which provides child welfare services in a county whose population is less than 100,000 pursuant to this section must be accounted for in the appropriate account of the Division and may be used only to pay for the costs of any adoptive or postadoptive services provided by any agency which provides child welfare services in a county whose population is less than 100,000.

      6.  Any money collected by an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to this section must be deposited in the county treasury for the credit of the agency which provides child welfare services and may be used only to pay for the costs of any adoption or postadoptive services provided by the agency which provides child welfare services.

      Sec. 179.  NRS 164.400 is hereby amended to read as follows:

      164.400  1.  Except in connection with an application for benefits pursuant to chapter 422 of NRS [,] or sections 2 to 97, inclusive, of this act, a trustee may present a certification of trust to any person, in lieu of a copy of any trust instrument, to establish the existence or terms of the trust. The trustee may present the certification voluntarily or at the request of the person with whom he is dealing.

      2.  Such a certification must be in the form of an affidavit signed and acknowledged by all of the currently acting trustees of the trust.

      Sec. 180.  NRS 217.180 is hereby amended to read as follows:

      217.180  1.  In determining whether to make an order for compensation, the compensation officer shall consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim, the need of the victim or his dependents for financial aid and other relevant matters.

      2.  If the applicant has received or is likely to receive an amount on account of his injury or the death of another from:

      (a) The person who committed the crime that caused the victim’s injury or from anyone paying on behalf of the offender;

      (b) Insurance;

      (c) The employer of the victim; or

      (d) Another private or public source or program of assistance,

Ê the applicant shall report the amount received or that he is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Board the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicant’s total expenses.

      3.  An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.

      4.  As used in this section, “public source or program of assistance” means:

      (a) Public assistance, as defined in NRS 422.050 [;] and section 15 of this act;

 


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      (b) Social services provided by a social service agency, as defined in NRS 430A.080; or

      (c) Other assistance provided by a public entity.

      Sec. 181.  NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to [232.465,] 232.357, inclusive, unless the context requires otherwise:

      1.  “Department” means the Department of Health and Human [Resources.] Services.

      2.  “Director” means the Director of the Department.

      Sec. 182.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The Department of Health and Human [Resources] Services is hereby created.

      2.  The Department consists of a Director and the following divisions:

      (a) Aging Services Division.

      (b) Health Division.

      (c) Division of Mental Health and Developmental Services.

      (d) [Welfare Division.] Division of Welfare and Supportive Services.

      (e) Division of Child and Family Services.

      (f) Division of Health Care Financing and Policy.

      3.  The Department is the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 183.  NRS 232.320 is hereby amended to read as follows:

      232.320  1.  Except as otherwise provided in subsection [2,] 3, the Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging Services Division;

             (2) The Administrator of the Health Division;

             (3) The [State Welfare Administrator;] Administrator of the Division of Welfare and Supportive Services;

             (4) The Administrator of the Division of Child and Family Services; and

             (5) The Administrator of the Division of Health Care Financing and Policy.

      (b) Shall administer, through the divisions of the Department and the Office of Disability Services, the provisions of chapters 63, [423,] 424, 425, 426A, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 426.205 to 426.295, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and sections 2 to 97, inclusive, and 154 to 163.8, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the Department and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions or the Office of Disability Services.

      (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 51 (Chapter 1, AB 2)ê

 

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

      (e) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or his designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than:

      (a) The Administrator of the Division of Mental Health and Developmental Services who is appointed pursuant to subsection 3;

      (b) The Executive Director of the Nevada Indian Commission who is appointed pursuant to NRS 233A.055; and

      (c) The State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      3.  The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.

      Sec. 184.  NRS 232.350 is hereby amended to read as follows:

      232.350  Unless federal law or regulation requires otherwise:

      1.  The administrators of the divisions of the Department, except as otherwise provided in subsections 2 and 3, may each appoint , with the consent of the Director, a deputy and a chief assistant in the unclassified service of the State.

      2.  The Administrator of the Division of Child and Family Services of the Department shall appoint , with the consent of the Director, four deputies in the unclassified service of the State, one of whom is the Deputy Administrator for Youth Corrections who is responsible only for correctional services for youths for which the Division is responsible, including, without limitation, juvenile correctional institutions, parole of juveniles, administration of juvenile justice and programs for juvenile justice.

      3.  The Administrator of the Division of Health Care Financing and Policy of the Department may appoint , with the consent of the Director, two deputies in the unclassified service of the State.

      Sec. 185.  NRS 232.355 is hereby amended to read as follows:

      232.355  1.  Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the divisions of the Department [of Human Resources] are authorized to accept must be accounted for in the Department of Health and Human [Resources’] Services’ Gift Fund, which is hereby created as a special revenue fund.

 


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divisions of the Department [of Human Resources] are authorized to accept must be accounted for in the Department of Health and Human [Resources’] Services’ Gift Fund, which is hereby created as a special revenue fund. The Fund is a continuing fund without reversion. The Department may establish such accounts in the Fund as are necessary to account properly for gifts received. All such money received by the divisions must be deposited in the State Treasury for credit to the Fund. The money in the Fund must be paid out on claims as other claims against the State are paid. Unless otherwise specifically provided by statute, claims against the Fund must be approved by the Director or his delegate.

      2.  Gifts of property other than money may be sold or exchanged when this is deemed by the head of the facility or agency responsible for the gift to be in the best interest of the facility or agency. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the head of the facility or agency. All money received from the sale must be deposited in the State Treasury to the credit of the appropriate gift account in the Department of Health and Human [Resources’] Services’ Gift Fund. The money may be spent only for the purposes of the facility or agency named in the title of the account. The property may not be sold or exchanged if to do so would violate the terms of the gift.

      Sec. 185.3.  NRS 247.305 is hereby amended to read as follows:

      247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page................................... $10

For each additional page.............................................................................. 1

For recording each portion of a document which must be separately indexed, after the first indexing 3

For copying any record, for each page...................................................... 1

For certifying, including certificate and seal............................................. 4

For a certified copy of a certificate of marriage.................................... 10

For a certified abstract of a certificate of marriage.............................. 10

 

      2.  Except as otherwise provided in this subsection, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection for credit to the account established pursuant to NRS 247.306.

      3.  Except as otherwise provided in this subsection, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection.

 


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county treasurer the amount of fees collected by him pursuant to this subsection. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to [NRS 423.137.] section 163.6 of this act.

      4.  Except as otherwise provided in this subsection, subsection 5 or by specific statute, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.

      5.  Except as otherwise provided in subsection 6, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

      (a) The county in which his office is located.

      (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

             (1) Conveys to the State, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

             (3) Imposes a lien in favor of the State or that city or town; or

             (4) Is a notice of the pendency of an action by the State or that city or town.

      6.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

      7.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

      8.  Except as otherwise provided in subsection 2 or 3 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 185.5.  NRS 435.010 is hereby amended to read as follows:

      435.010  1.  The boards of county commissioners of the various counties shall make provision for the support, education and care of the mentally retarded children and children with related conditions of their respective counties.

      2.  For that purpose they are empowered to make all necessary contracts and agreements to carry out the provisions of NRS 435.010 [to 435.040, inclusive.] , 435.020 and 435.030. Any such contract or agreement may be made with any responsible person or facility in or without the State of Nevada.

      3.  The provisions of NRS 435.010 [to 435.040, inclusive,] , 435.020 and 435.030 supplement the services which other political subdivisions or agencies of the State are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.

 


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      Sec. 185.7.  NRS 435.020 is hereby amended to read as follows:

      435.020  All mentally retarded children and children with related conditions are entitled to benefits under NRS 435.010 [to 435.040, inclusive:] , 435.020 and 435.030:

      1.  Who are unable to pay for their support and care;

      2.  Whose parents, relatives or guardians are unable to pay for their support and care; and

      3.  If division facilities are to be utilized, whom the Division recognizes as proper subjects for services within such division facilities.

      Sec. 185.8.  (Deleted by amendment.)

      Sec. 185.9.  NRS 439.150 is hereby amended to read as follows:

      439.150  1.  The State Board of Health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of this State and over the work of the State Health Officer and all district, county and city health departments, boards of health and health officers.

      2.  The Department of Human Resources is hereby designated as the agency of this State to cooperate with the federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of Public Health. It may receive and expend all money made available to the Health Division by the Federal Government, the State of Nevada or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the Department shall consider, without limitation, the amount of money available from the Federal Government for those programs, the conditions attached to the acceptance of that money and the limitations of legislative appropriations for those programs.

      3.  Except as otherwise provided in NRS [458.025 and] 576.128, the State Board of Health may set reasonable fees for the:

      (a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the Health Division;

      (b) Programs and services of the Health Division;

      (c) Review of plans; and

      (d) Certification and licensing of personnel.

Ê Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the Health Division by the Legislature.

      Sec. 186.  NRS 439.272 is hereby amended to read as follows:

      439.272  1.  The Health Division shall appoint , with the consent of the Director, a State Dental Health Officer, who is in the unclassified service of the State. The State Dental Health Officer must:

      (a) Be a resident of this State;

      (b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and

      (c) Be appointed on the basis of his education, training and experience and his interest in public dental health and related programs.

      2.  The State Dental Health Officer shall:

      (a) Determine the needs of the residents of this State for public dental health;

 


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      (b) Provide the Health Division with advice regarding public dental health;

      (c) Make recommendations to the Health Division and the Legislature regarding programs in this State for public dental health;

      (d) Supervise the activities of the State Public Health Dental Hygienist; and

      (e) Seek such information and advice from a dental school of the University and Community College System of Nevada as necessary to carry out his duties.

      3.  Except as otherwise provided in this subsection, the State Dental Health Officer shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. Notwithstanding the provisions of NRS 281.127 and 284.143, the State Dental Health Officer may engage in academic instruction, research and studies at a dental school of the University and Community College System of Nevada.

      4.  The Health Division may solicit and accept gifts and grants to pay the costs associated with the position of State Dental Health Officer.

      Sec. 187.  NRS 439.279 is hereby amended to read as follows:

      439.279  1.  The Health Division shall appoint , with the consent of the Director, a State Public Health Dental Hygienist, who is in the unclassified service of the State. The State Public Health Dental Hygienist must:

      (a) Be a resident of this State;

      (b) Hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287; and

      (c) Be appointed on the basis of his education, training and experience and his interest in public health dental hygiene and related programs.

      2.  The State Public Health Dental Hygienist:

      (a) Shall assist the State Dental Health Officer in carrying out his duties; and

      (b) May:

             (1) Make recommendations to the Health Division regarding programs in this State for public health dental hygiene; and

             (2) Perform any acts authorized pursuant to NRS 631.287.

      3.  Except as otherwise provided in this subsection, the State Public Health Dental Hygienist shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. Notwithstanding the provisions of NRS 281.127 and 284.143, the State Public Health Dental Hygienist may engage in academic instruction, research and studies in a program of the University and Community College System of Nevada.

      4.  The Health Division may solicit and accept gifts and grants to pay the costs associated with the position of State Public Health Dental Hygienist.

      Sec. 188.  NRS 439A.086 is hereby amended to read as follows:

      439A.086  The position of Chief Research and Statistical Analyst is hereby created in the Health Division of the Department. This position is in the unclassified service of the State.

 


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      Sec. 188.5.  NRS 444.330 is hereby amended to read as follows:

      444.330  1.  The Health Division has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:

      (a) Institutions and facilities of the Department of Corrections.

      (b) Northern Nevada Adult Mental Health Services.

      (c) Nevada Youth Training Center, Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      (d) [Northern Nevada Children’s Home.

      (e) Southern Nevada Children’s Home.

      (f)] University and Community College System of Nevada.

      2.  The State Board of Health may adopt regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and, as it pertains to the foregoing matters, the safety of those institutions.

      3.  The State Health Officer or his authorized agent shall inspect those institutions at least once each calendar year and whenever he deems an inspection necessary to carry out the provisions of this section.

      4.  The State Health Officer may publish reports of the inspections.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate the institutions in conformity with the regulations adopted by the State Board of Health pursuant to subsection 2.

      6.  The State Health Officer or his authorized agent may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of the institutions and to determine whether the provisions of this section and the regulations of the State Board of Health pertaining thereto are being violated.

      Sec. 189.  NRS 449.00455 is hereby amended to read as follows:

      449.00455  “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs and which is certified by the [Health] Division of Mental Health and Developmental Services of the Department of Human Resources pursuant to subsection 4 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.

      Sec. 190.  NRS 458.010 is hereby amended to read as follows:

      458.010  As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:

      1.  “Administrator” means the Administrator of the [Health] Division.

      2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      3.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      4.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

      5.  [“Board” means the State Board of Health.

 


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      6.]  “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.

      [7.] 6.  “Detoxification technician” means a person who is certified by the [Health] Division to provide screening for the safe withdrawal from alcohol and other drugs.

      7.  “Division” means the Division of Mental Health and Developmental Services of the Department of Human Resources.

      8.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      [9.  “Health Division” means the Health Division of the Department of Human Resources.]

      Sec. 191.  NRS 458.010 is hereby amended to read as follows:

      458.010  As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:

      1.  “Administrator” means the Administrator of the [Health] Division.

      2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      3.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      4.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

      5.  [“Board” means the State Board of Health.

      6.]  “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.

      6.  “Division” means the Division of Mental Health and Developmental Services of the Department of Human Resources.

      7.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      [8.  “Health Division” means the Health Division of the Department of Human Resources.]

      Sec. 192.  NRS 458.025 is hereby amended to read as follows:

      458.025  The [Health] Division:

      1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

      (a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this State.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

      (c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.

 


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Ê In developing and revising the state plan, the [Health] Division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      2.  Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this State.

      3.  Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

      4.  Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the [Board] Division pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The [Board] Division shall adopt regulations. The regulations:

      (a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

      (b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the [Health] Division of issuing the certificate.

      5.  Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in subsection 4.

      Sec. 193.  NRS 458.025 is hereby amended to read as follows:

      458.025  The [Health] Division:

      1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

      (a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this State.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

      (c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the [Health] Division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      2.  Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this State.

 


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      3.  Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

      4.  Shall certify or deny certification of any facilities or programs on the basis of the standards established by the [Board] Division pursuant to this section, and publish a list of certified facilities and programs. Any facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The [Board] Division shall adopt regulations which may prescribe the fees for the certification of facilities or programs. A fee prescribed pursuant to this subsection must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the [Health] Division of issuing the certificate.

      5.  Upon request from a facility which is self-supported, may certify the facility and its programs and add them to the list described in subsection 4.

      Sec. 194.  NRS 458.026 is hereby amended to read as follows:

      458.026  1.  An applicant for the issuance or renewal of his certification as a detoxification technician must submit to the [Health] Division the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The [Health] Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or

      (b) A separate form prescribed by the [Health] Division.

      3.  The certification of a person as a detoxification technician may not be issued or renewed by the [Health] Division if the applicant:

      (a) Fails to complete or submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 195.  NRS 458.027 is hereby amended to read as follows:

      458.027  1.  If the [Health] Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a detoxification technician, the [Health] Division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the [Health] Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The [Health] Division shall reinstate the certification of a person as a detoxification technician that has been suspended by a district court pursuant to NRS 425.540 if the [Health] Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 196.  NRS 458.031 is hereby amended to read as follows:

      458.031  The [Health] Division shall administer the provisions of NRS 458.010 to 458.350, inclusive, as the sole agency of the State of Nevada for that purpose.

      Sec. 197.  NRS 458.035 is hereby amended to read as follows:

      458.035  The [Health] Division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of NRS 458.010 to 458.350, inclusive.

      Sec. 198.  NRS 458.055 is hereby amended to read as follows:

      458.055  1.  To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to NRS 458.010 to 458.350, inclusive, the [Health] Division may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the [Health] Division.

      2.  Wherever information concerning persons applying for and receiving any services pursuant to NRS 458.010 to 458.350, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of that information by the agency or institution is subject to the rules established by the [Health] Division pursuant to subsection 1.

      3.  Except as otherwise provided in NRS 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to 458.350, inclusive, a person shall not disclose, use or authorize the disclosure of any confidential information concerning a person receiving services pursuant to NRS 458.010 to 458.350, inclusive.

      Sec. 199.  NRS 458.080 is hereby amended to read as follows:

      458.080  The [Health] Division may, by contracting with organized groups, render partial financial assistance in the operation of facilities established by these groups. Each such contract must contain a provision allowing for an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      Sec. 200.  NRS 458.097 is hereby amended to read as follows:

      458.097  1.  Money received by the [Health] Division pursuant to NRS 369.174 must be used to increase services for the prevention of alcohol and drug abuse and alcoholism and for the detoxification and rehabilitation of alcohol and drug abusers. In allocating the money for the increase of services, the [Health] Division shall give priority to:

      (a) The areas where there exists a shortage of services for the treatment of alcoholism and alcohol abuse. The [Health] Division shall determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for alcohol and drug abuse programs, and other appropriate data.

 


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      (b) The needs of counties to provide:

             (1) Civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol; and

             (2) Secure detoxification units or other appropriate facilities for persons who are arrested or taken into custody while under the influence of a controlled substance.

      (c) Alcohol and drug abuse programs that are primarily directed toward the prevention of such abuse.

      2.  As used in this section, “secure detoxification unit” has the meaning ascribed to it in NRS 458.175.

      Sec. 201.  NRS 458.100 is hereby amended to read as follows:

      458.100  1.  All gifts or grants of money for an alcohol and drug abuse program which the [Health] Division is authorized to accept must be deposited in the State Treasury for credit to the State Grant and Gift Account for Alcohol and Drug Abuse which is hereby created in the Department of Human Resources’ Gift Fund.

      2.  Money in the Account must be used to carry out the provisions of NRS 458.010 to 458.350, inclusive.

      3.  All claims must be approved by the Administrator before they are paid.

      Sec. 202.  NRS 458.103 is hereby amended to read as follows:

      458.103  The [Health] Division may accept:

      1.  Money appropriated and made available by any act of Congress for any alcohol and drug abuse program administered by the [Health] Division as provided by law.

      2.  Money appropriated and made available by the State of Nevada or by a county, a city, a public district or any political subdivision of this State for any alcohol and drug abuse program administered by the [Health] Division as provided by law.

      Sec. 203.  NRS 458.104 is hereby amended to read as follows:

      458.104  1.  If the Administrator determines that current claims exceed the amount of money available to the [Health] Division because of a delay in the receipt of money from federal grants, he may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his approval of a request made pursuant to subsection 1. 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:

      (a) Must be approved by the Director of the Department of Administration for use pursuant to NRS 458.080; and

      (b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the State General Fund to the [Health] Division pursuant to this section must be repaid by August 31 following the end of the fiscal year during which the money was advanced.

      Sec. 204.  NRS 458.105 is hereby amended to read as follows:

      458.105  The [Health] Division may fix and collect reasonable fees for the sale of miscellaneous printed materials pertaining to alcohol and drug abuse which are purchased or prepared by the [Health] Division.

 


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abuse which are purchased or prepared by the [Health] Division. The fees must be deposited in the State Treasury to the credit of the General Fund.

      Sec. 205.  NRS 458.110 is hereby amended to read as follows:

      458.110  In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the [Health] Division may engage in any activity necessary to effectuate the purposes of NRS 458.010 to 458.350, inclusive.

      Sec. 206.  NRS 458.125 is hereby amended to read as follows:

      458.125  1.  The [Health] Division shall prepare requests for proposals for the provision by facilities of:

      (a) Residential treatment of adolescents who engage in substance abuse;

      (b) Outpatient treatment of adolescents who engage in substance abuse;

      (c) Comprehensive evaluations of adolescents with problems relating to substance abuse or mental illness, or both; and

      (d) Transitional housing for adolescents who engage in substance abuse.

      2.  Upon accepting a proposal submitted in accordance with this section, the [Health] Division may advance not more than 8 percent of the amount of the proposal to the facility that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.

      3.  The [Health] Division shall establish such requirements for the requests for proposals as it determines necessary.

      4.  The [Health] Division shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and NRS 458.131.

      Sec. 207.  NRS 458.131 is hereby amended to read as follows:

      458.131  The [Health] Division shall, on or before September 1 of each odd-numbered year, submit to the Director of the Department of Human Resources a report covering the biennium ending on June 30 of that year. The report must include:

      1.  The name of each facility that received money pursuant to NRS 458.125 during the biennium, and the amount of money that each facility received for each type of service provided;

      2.  If a facility received money pursuant to NRS 458.125 during the biennium to help defray the costs of starting the provision of services, the name of the facility, the amount of money received and an accounting of how the money was used;

      3.  The number of adolescents who received any of the services described in NRS 458.125 from those facilities during the biennium, and the number of adolescents who were receiving those services as of the end of the biennium; and

      4.  As of the end of the biennium:

      (a) The number of adolescents on waiting lists to receive the services described in NRS 458.125; and

      (b) An estimate of the number of other adolescents in this State who are in need of the services described in NRS 458.125.

      Sec. 208.  NRS 483.800 is hereby amended to read as follows:

      483.800  1.  The following sources shall submit, within 30 days after learning such information, to the Department the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the Department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether the person is blind, night-blind or has severely impaired vision:

 


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      (a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and

      (b) Agencies of the State and political subdivisions which provide special tax consideration for blindness.

      2.  When any source described in subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision must be reported to the registry within 30 days after learning of that fact.

      3.  The Department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of the registry.

      4.  The Department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.

      5.  All information learned by the Department pursuant to this section is confidential and any person who, without the consent of the person concerned, reveals that information for purposes other than those specified in this section, or other than for administration of the Program for Supplemental Security Income, including State Supplementary Assistance pursuant to chapter 422 of NRS [,] or sections 2 to 97, inclusive, of this act, or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.

      Sec. 209.  NRS 612.448 is hereby amended to read as follows:

      612.448  1.  In addition to any restrictions imposed pursuant to NRS 422.065 and section 20 of this act, benefits are not payable on the basis of services performed by an alien unless, at the time the services were performed, he was:

      (a) Lawfully admitted for permanent residence in the United States;

      (b) Lawfully present in the United States for the purpose of performing the services; or

      (c) Otherwise permanently residing in the United States under color of law, including an alien who was lawfully present in the United States pursuant to section 207, 208 or 212(d)(5) of the Immigration and Nationality Act.

      2.  Any data or information required of persons applying for benefits to determine whether benefits are not payable to them because of their alien status must be uniformly required from all applicants for benefits.

      3.  In the case of any person whose application for benefits would otherwise be approved, a determination that benefits to that person are not payable because of his alien status may not be made except upon a preponderance of the evidence.

      4.  Any modification of any condition or any effective date for the denial of benefits based on services performed by an alien under the provisions of 26 U.S.C. § 3304(a)(14) which must be made by this State as a condition for full tax credit against the tax imposed by the Unemployment Compensation Amendments of 1976 (P.L. 94-566) must be adopted by regulation of the Administrator.

      Sec. 210.  1.  NRS 232.365, 232.367, 232.368, 232.369, 232.371, 232.373, 232.400, 232.410, 232.420, 232.430, 232.440, 232.450, 232.460, 232.464, 232.4645, 232.4647 and 232.465 are hereby repealed.

      2.  NRS 422.010, 422.049, 422.055, 422.070, 422.080, 422.110, 422.120, 422.130, 422.140, 422.160, 422.180, 422.190, 422.200, 422.210, 422.215, 422.222, 422.224, 422.230, 422.2352, 422.2931, 422.29312, 422.29316, 422.29318, 422.2932, 422.29322, 422.29324, 422.310, 422.330, 422.340, 422.350, 422.371, 422.3712, 422.3714, 422.3716, 422.3718, 422.372, 422.3722, 422.3724, 422.3726, 422.3728, 422.3732, 422.3734, 422.3736, 422.3738, 422.374, 422.3742, 422.3744, 422.3746, 422.3748, 422.3752, 422.3754, 422.392 and 422.600 are hereby repealed.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 64 (Chapter 1, AB 2)ê

 

422.215, 422.222, 422.224, 422.230, 422.2352, 422.2931, 422.29312, 422.29316, 422.29318, 422.2932, 422.29322, 422.29324, 422.310, 422.330, 422.340, 422.350, 422.371, 422.3712, 422.3714, 422.3716, 422.3718, 422.372, 422.3722, 422.3724, 422.3726, 422.3728, 422.3732, 422.3734, 422.3736, 422.3738, 422.374, 422.3742, 422.3744, 422.3746, 422.3748, 422.3752, 422.3754, 422.392 and 422.600 are hereby repealed.

      3.  NRS 423.010, 423.020, 423.030, 423.050, 423.065, 423.070, 423.080, 423.085, 423.090, 423.095, 423.100, 423.110, 423.120, 423.130, 423.135, 423.137, 423.140, 423.145, 423.147, 423.150, 423.160, 423.170, 423.180, 423.190, 423.200, 423.210, 423.220, 423.225, 423.230, 423.233, 423.235 and 423.250 are hereby repealed.

      4.  NRS 428.385 and 428.395 are hereby repealed.

      5.  NRS 435.040 is hereby repealed.

      6.  NRS 439A.087 and 439A.088 are hereby repealed.

      Sec. 211.  The Department of Human Resources shall develop a plan for the transfer of services for the abuse of alcohol or drugs from the Health Division of the Department to the Division of Mental Health and Developmental Services of the Department pursuant to sections 185.9 and 189 to 207, inclusive, of this act and submit the plan to the Governor and the Legislative Committee on Health Care on or before March 31, 2006, for review and approval.

      Sec. 211.5.  1.  The Legislative Committee on Health Care shall conduct an interim study of the organizational and delivery structure of services for the treatment and prevention of substance abuse in this State.

      2.  The study must include, without limitation:

      (a) An evaluation of the manner in which the organizational and delivery structure of services for the treatment and prevention of substance abuse in this State may be improved so that the services are provided in the most effective manner for the residents of this State;

      (b) An analysis of the services for the treatment and prevention of substance abuse that are currently funded or provided by public agencies in this State to determine whether any of these services are overlapping or duplicative, and whether any of these services could successfully be integrated; and

      (c) An analysis of the utilization of services for the treatment and prevention of substance abuse in this State and of projections for the future needs for such services in this State, including, without limitation:

             (1) An examination of the barriers that persons diagnosed with both a mental illness and a substance abuse problem encounter in attempting to receive appropriate services for the treatment of substance abuse in this State;

             (2) An examination of the barriers that pregnant women encounter in attempting to receive appropriate services for the treatment of substance abuse in this State;

             (3) An examination of the collaboration of the different divisions of the Department of Human Resources in the provision of services to persons with substance abuse problems in this State, and an examination of whether that collaboration is focused on the best interests of the persons receiving the services; and

             (4) An examination of the provision of services for the prevention of substance abuse in this State, and an examination of whether these services are effective at preventing or reducing the incidence of substance abuse problems in this State.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 65 (Chapter 1, AB 2)ê

 

are effective at preventing or reducing the incidence of substance abuse problems in this State.

      3.  The Legislative Committee on Health Care shall ensure that the persons and entities which provide services for the treatment or prevention of mental illness or substance abuse in this State are involved in the study.

      4.  The Legislative Committee on Health Care shall submit a report of the results of the study and any recommendations for legislation to the 74th Session of the Nevada Legislature.

      Sec. 212.  To the extent that the statutory provisions enacted by this act are substantially the same as the statutory provisions repealed by this act, the statutory provisions enacted by this act must be construed as being substituted in a continuing way for the statutory provisions repealed by this act.

      Sec. 213.  1.  To the extent that any statutory provision is repealed by this act, that repeal does not affect, modify or abrogate any right, remedy, duty, obligation, requirement, assessment, fine, forfeiture, penalty, liability, action, prosecution, proceeding, adjudication, disposition, order, judgment, regulation, contract, act or transaction that was in existence, had been instituted, imposed, taken, executed, entered or adopted, or had otherwise accrued or occurred before October 1, 2005.

      2.  To the extent that any statutory provision is repealed by this act, that repeal does not revive any other statutory provision that was repealed before October 1, 2005.

      Sec. 214.  The provisions of this act do not repeal or otherwise affect, modify or abrogate:

      1.  Any statute enacting a special, local or temporary law.

      2.  Any statute, ordinance or resolution making an appropriation.

      3.  Any statute, ordinance or resolution affecting any bond issue or by which any bond issue may have been authorized.

      4.  The running of any statute of limitations in force on October 1, 2005.

      5.  The continued existence or operation of any state or local department, agency or office legally established or held on or before October 1, 2005.

      6.  Any bond of any public officer.

      7.  Any taxes, fees, assessments or other charges legally incurred, imposed or collected before October 1, 2005.

      8.  Any regulation, ordinance or resolution that does not conflict with the provisions of this act.

      Sec. 215.  1.  Except as otherwise provided in this section, the provisions of this act do not repeal or otherwise affect, modify or abrogate any statute authorizing, ratifying, confirming, approving or accepting any compact or contract with the United States, another state, or any agency or instrumentality of the United States or another state.

      2.  The repeal of the provisions of NRS 232.365 to 232.373, inclusive, 232.400 to 232.465, inclusive, 422.010, 422.049, 422.055, 422.070 to 422.140, inclusive, 422.160 to 422.230, inclusive, 422.2931 to 422.29324, inclusive, 422.310 to 422.350, inclusive, 422.371 to 422.3754, inclusive, 422.392, 423.010, 423.130, 423.135, 423.137 and 423.147 is intended for the purposes of reenactment and codification only.

      Sec. 216.  1.  If any bill passed by the 73rd Session of the Nevada Legislature adds a new statutory provision to NRS 232.365 to 232.373, inclusive, 232.400 to 232.465, inclusive, 422.010, 422.049, 422.055, 422.070 to 422.140, inclusive, 422.160 to 422.230, inclusive, 422.2931 to 422.29324, inclusive, 422.310 to 422.350, inclusive, 422.371 to 422.3754, inclusive, 422.392, 423.010, 423.130, 423.135, 423.137 and 423.147, the new statutory provision shall be deemed to be saved, and the new statutory provision remains in effect in accordance with the terms of the bill and must be incorporated into the provisions of title 38 of NRS, as amended by the provisions of this act.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 66 (Chapter 1, AB 2)ê

 

to 422.140, inclusive, 422.160 to 422.230, inclusive, 422.2931 to 422.29324, inclusive, 422.310 to 422.350, inclusive, 422.371 to 422.3754, inclusive, 422.392, 423.010, 423.130, 423.135, 423.137 and 423.147, the new statutory provision shall be deemed to be saved, and the new statutory provision remains in effect in accordance with the terms of the bill and must be incorporated into the provisions of title 38 of NRS, as amended by the provisions of this act. The Legislative Counsel shall codify the new statutory provision in the appropriate chapter in title 38 of NRS, as amended by the provisions of this act.

      2.  If any bill passed by the 73rd Session of the Nevada Legislature amends a statutory provision of NRS 232.365 to 232.373, inclusive, 232.400 to 232.465, inclusive, 422.010, 422.049, 422.055, 422.070 to 422.140, inclusive, 422.160 to 422.230, inclusive, 422.2931 to 422.29324, inclusive, 422.310 to 422.350, inclusive, 422.371 to 422.3754, inclusive, 422.392, 423.010, 423.130, 423.135, 423.137 and 423.147 that is repealed by the provisions of this act, the amendment shall be deemed to be saved, and the amendment remains in effect in accordance with the terms of the bill and must be incorporated into the provisions of title 38 of NRS, as amended by the provisions of this act. The Legislative Counsel shall codify the amendment in the appropriate chapter in title 38 of NRS, as amended by the provisions of this act.

      Sec. 217.  1.  The Legislative Counsel shall:

      (a) In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to a statutory provision of NRS 232.365 to 232.373, inclusive, 232.400 to 232.465, inclusive, 422.010, 422.049, 422.055, 422.070 to 422.140, inclusive, 422.160 to 422.230, inclusive, 422.2931 to 422.29324, inclusive, 422.310 to 422.350, inclusive, 422.371 to 422.3754, inclusive, 422.392, 423.010, 423.130, 423.135, 423.137 and 423.147 that is repealed by the provisions of this act to refer to the appropriate provision of title 38 of NRS, as amended by the provisions of this act.

      (b) In preparing supplements to the Nevada Administrative Code, appropriately change any references to a statutory provision of NRS 232.365 to 232.373, inclusive, 232.400 to 232.465, inclusive, 422.010, 422.049, 422.055, 422.070 to 422.140, inclusive, 422.160 to 422.230, inclusive, 422.2931 to 422.29324, inclusive, 422.310 to 422.350, inclusive, 422.371 to 422.3754, inclusive, 422.392, 423.010, 423.130, 423.135, 423.137 and 423.147 that is repealed by the provisions of this act to refer to the appropriate provision of title 38 of NRS, as amended by the provisions of this act.

      (c) In preparing supplements to the Nevada Administrative Code, appropriately recodify any regulations in the Nevada Administrative Code so that those regulations correspond with the appropriate chapters of title 38 of NRS, as amended by the provisions of this act.

      2.  Any reference in a bill or resolution passed by the 73rd Session of the Nevada Legislature to a statutory provision of NRS 232.365 to 232.373, inclusive, 232.400 to 232.465, inclusive, 422.010, 422.049, 422.055, 422.070 to 422.140, inclusive, 422.160 to 422.230, inclusive, 422.2931 to 422.29324, inclusive, 422.310 to 422.350, inclusive, 422.371 to 422.3754, inclusive, 422.392, 423.010, 423.130, 423.135, 423.137 and 423.147 that is repealed by the provisions of this act shall be deemed to refer to the appropriate provision of title 38 of NRS, as amended by the provisions of this act.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 67 (Chapter 1, AB 2)ê

 

      Sec. 218.  1.  Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 219.  1.  The Legislative Counsel shall:

      (a) In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

      (b) In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

      2.  Any reference in a bill or resolution passed by the 73rd Session of the Nevada Legislature to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency shall be deemed to refer to the officer or agency to which the responsibility is transferred.

      Sec. 220.  1.  This section and section 211 of this act become effective upon passage and approval.

      2.  Sections 1 to 185.7, inclusive, 186 to 188.5, inclusive, and 208 to 219, inclusive, of this act become effective on October 1, 2005.

      3.  Sections 185.9, 189, 190, 192 and 194 to 207, inclusive, of this act, become effective on July 1, 2007.

      4.  Sections 190, 192, 194 and 195 of this act expire by limitation on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.

      5.  Sections 191 and 193 of this act become effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.

________

 

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 68ê

 

CHAPTER 2, AB 3

Assembly Bill No. 3–Committee of the Whole

 

CHAPTER 2

 

AN ACT relating to energy; making various changes to encourage energy efficiency in construction and renovation; providing for a partial abatement of certain taxes for certain energy efficient buildings and green buildings; requiring the University and Community College System of Nevada to provide instruction in certain areas related to green buildings; providing for the licensure of certain persons engaged in photovoltaic system projects; requiring the Director of the Office of Energy to adopt certain regulations, plans and guidelines regarding building standards and energy efficiency; requiring the State to reduce its grid-based purchases for state-owned buildings; increasing the number of members of the Task Force for Renewable Energy and Energy Conservation; revising provisions relating to the universal energy charge and the Fund for Energy Assistance and Conservation; revising provisions governing the portfolio standard for renewable energy and energy from a qualified energy recovery process; allowing a provider of electric service to receive credits under the portfolio standard for certain energy efficiency measures; authorizing the Public Utilities Commission of Nevada to establish a temporary renewable energy development program for certain purposes; enacting provisions concerning the financial impact of certain long-term contracts required by the portfolio standard; revising the Solar Energy Systems Demonstration Program Act; transferring certain funds to the Trust Fund for Renewable Energy and Energy Conservation; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

      Whereas, The construction and operation of the buildings in which we live, work and play require enormous amounts of energy, water and materials and create large amounts of waste, and the location of and how these buildings are built not only affect the ecosystem around us, but the buildings themselves create new indoor environments that present new environmental problems and challenges; and

      Whereas, With the threat of rising energy costs, increases in population and numerous environmental concerns, the State of Nevada is already developing and encouraging the use of alternative energy from geothermal, wind and solar resources, and the State should also consider the possibility of encouraging “greener” building requirements; and

      Whereas, Green building is a field that uses environmentally sustainable materials to construct buildings that conserve resources and provide a healthy living and working space; and

      Whereas, The many elements of green building include energy efficiency and the use of renewable energy, water efficiency, the use of building materials that have a minimal effect on the environment, reduction of waste, and the design and operation of buildings that are healthy for the occupants of such buildings; and

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 69 (Chapter 2, AB 3)ê

 

      Whereas, The Nevada Legislature encourages a sound financial economy, the reduction of usage and demand of fossil fuels, and a reduction of harmful emissions; and

      Whereas, The Nevada Legislature encourages the construction, rehabilitation and maintenance of buildings in this State in such a manner as to promote better environmental standards, improve energy efficiency and increase generation of energy through renewable and clean-energy technologies, and to improve the health and productivity of building occupants by meeting advanced criteria for indoor environmental quality; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a governing body establishes a committee or task force on sustainable energy, the committee or task force shall consider:

      1.  Standards for the efficient use of water;

      2.  Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy;

      3.  Performance guidelines for new, remodeled and renovated buildings; and

      4.  Performance guidelines for retrofit projects,

Ê including, without limitation, energy consumption, use of potable water, use of water for landscaping purposes and solid waste disposal.

      Sec. 3.  Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, each occupied public building whose construction will be sponsored or financed by this State must, when completed, meet the requirements to be certified at or meet the equivalent of the base level or higher in accordance with the Leadership in Energy and Environmental Design Green Building Rating System, or an equivalent standard, as adopted by the Director of the Office of Energy pursuant to section 11 of this act.

      2.  During each biennium, at least two occupied public buildings whose construction will be sponsored or financed by this State must be designated as demonstration projects and must, when completed, meet the requirements to be certified at or meet the equivalent of the silver level or higher in accordance with the Leadership in Energy and Environmental Design Green Building Rating System, or an equivalent standard, as adopted by the Director of the Office of Energy pursuant to section 11 of this act if:

      (a) The Director of the Office of Energy, in consultation with the State Board of Examiners and the State Public Works Board, has determined that it is feasible for the buildings to meet such requirements and standards and that it is a cost-effective investment to do so; and

      (b) The agency or agencies that will occupy the buildings have agreed to allow the buildings to be designated as demonstration projects pursuant to this subsection.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 70 (Chapter 2, AB 3)ê

 

      3.  Each occupied public building whose construction is sponsored or financed by a local government may meet the requirements to be certified at or meet the equivalent of the base level or higher in accordance with the Leadership in Energy and Environmental Design Green Building Rating System, or an equivalent standard, as adopted by the Director of the Office of Energy pursuant to section 11 of this act.

      4.  As used in this section, “occupied public building” means a public building used primarily as an office space or work area for persons employed by this State or a local government. The term does not include a public building used primarily as a storage facility or warehouse or for similar purposes.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 338.190 is hereby amended to read as follows:

      338.190  1.  Before it begins to construct or renovate any occupied public building which is larger than 20,000 square feet, each agency of the State or a political subdivision, district, authority, board or public corporation of the State shall obtain a detailed analysis of the cost of operating and maintaining the building for its expected useful life.

      2.  The analysis must [identify the] :

      (a) Estimate the cost to construct or renovate the occupied public building and the cost to operate and maintain the building; and

      (b) Identify measures , including, without limitation, for [:

      (a)] the:

             (1) Conservation of water;

             (2) Conservation of energy [; and

      (b)] and energy efficiency that will generate cost savings within 10 years that are equal to or greater than the cost of implementation; and

             (3) Use of types of energy which are alternatives to fossil fuels, such as active and passive applications of solar energy, wind and geothermal energy,

Ê which can be included in the building in its construction or renovation.

      3.  The agency of government which proposes to [build] construct or renovate [a] the occupied public building must consider the results of the analysis required by this section in deciding upon the type of construction or renovation and the components and systems which will be included in the building. The agency of government shall consider the use of types of energy which are alternatives to fossil fuels and any other energy conservation measures identified in the analysis into the design of the building if it is determined to be in the best interest of the State.

      4.  [This section applies to any public building or renovation of a public building, the designing of which begins on or after July 1, 1981.] The agency of government may select, through the bidding process, a contractor to conduct the analysis required pursuant to this section. If a contractor is selected to conduct the analysis, any contract for the purchase, lease or rental of cost-saving measures must provide that all payments, other than any obligations that become due if the contract is terminated before the contract expires, be made from the cost savings.

      5.  As used in this section, “occupied public building” means a public building used primarily as an office space or work area for persons employed by an agency of the State or a political subdivision, district, authority, board or public corporation of the State. The term does not include a public building used primarily as a storage facility or warehouse or for similar purposes.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 71 (Chapter 2, AB 3)ê

 

include a public building used primarily as a storage facility or warehouse or for similar purposes.

      Sec. 6.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commission on Economic Development shall grant a partial abatement from the tax imposed on real property by this chapter for property which has a building or other structure that is certified at or meets the equivalent of the silver level or higher by a person authorized to grant such certification in accordance with the Leadership in Energy and Environmental Design Green Building Rating System or its equivalent, as adopted by the Director of the Office of Energy pursuant to section 11 of this act.

      2.  The partial abatement must be for a duration of not more than 10 years and must not exceed 50 percent of the taxes on real property payable each year pursuant to this chapter.

      3.  The Commission on Economic Development shall establish by regulation the qualifications and methods to determine eligibility for the abatement.

      4.  The Commission on Economic Development shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation;

      (b) The Nevada Tax Commission;

      (c) The county treasurer; and

      (d) The county assessor.

      Sec. 7.  NRS 374.307 is hereby amended to read as follows:

      374.307  1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in this State of, any:

      (a) Product or system designed or adapted to use renewable energy to generate electricity and all of its integral components.

      (b) Solar thermal energy system that reduces the consumption of electricity or any fossil fuel, and all of its integral components.

      (c) Solar lighting system that reduces the consumption of electricity or any fossil fuel, and all of its integral components.

      (d) Products or materials used in the construction of a building if the building is certified or will, when complete, meet the requirements to be certified at or meet the equivalent of the silver level or higher in accordance with the Leadership in Energy and Environmental Design Green Building Rating System.

      2.  As used in this section:

      (a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

             (1) Agricultural crops and agricultural wastes and residues;

             (2) Wood and wood wastes and residues;

             (3) Animal wastes;

             (4) Municipal wastes; and

             (5) Aquatic plants.

      (b) “Fuel cell” means a device or contrivance that, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 72 (Chapter 2, AB 3)ê

 

      (c) “Leadership in Energy and Environmental Design Green Building Rating System” means the system of rating buildings adopted by the Director of the Office of Energy pursuant to section 11 of this act.

      (d) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

             (1) Biomass;

             (2) Fuel cells;

             (3) Geothermal energy;

             (4) Solar energy;

             (5) Waterpower; and

             (6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      [(d)] (e) “Solar lighting system” means a system of related components that:

             (1) Uses solar energy to provide indoor lighting; and

             (2) Is designed to work as an integral package such that the system is not complete without one of its related components.

      [(e)] (f) “Solar thermal energy system” means a system of related components that:

             (1) Uses solar radiation to heat water; and

             (2) Is designed to work as an integral package such that the system is not complete without one of its related components.

      [(f)] (g) “System designed or adapted to use renewable energy to generate electricity” means a system of related components:

             (1) From which at least 75 percent of the electricity generated is produced from one or more sources of renewable energy; and

             (2) That is designed to work as an integral package such that the system is not complete without one of its related components.

      Sec. 8.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      Instruction within the System must be given in the essentials of green building construction and design to assist students in preparing for the Leadership in Energy and Environmental Design Professional Accreditation Exam or its equivalent.

      Sec. 8.1.  Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 8.15 to 8.8, inclusive, of this act.

      Sec. 8.15.  As used in sections 8.15 to 8.8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8.2, 8.25 and 8.3 of this act have the meanings ascribed to them in those sections.

      Sec. 8.2.  “Photovoltaic installer” means a person directly engaged with the electrical connection and wiring of a photovoltaic system project in a capacity other than as an inspector, management planner, consultant, project designer, contractor or supervisor for the photovoltaic system project.

      Sec. 8.25.  “Photovoltaic system” means a facility or energy system for the generation of electricity that uses photovoltaic cells and solar energy to generate electricity.

      Sec. 8.3.  1.  “Photovoltaic system project” means a project related to:

      (a) The installation of a photovoltaic system; or

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 73 (Chapter 2, AB 3)ê

 

      (b) The maintenance of a photovoltaic system.

      2.  The term does not include the installation or maintenance of a photovoltaic system before January 1, 2007.

      Sec. 8.35.  The Division may adopt such regulations as are necessary to carry out the provisions of sections 8.15 to 8.8, inclusive, of this act.

      Sec. 8.4.  The Division shall issue a license to each qualified applicant for licensure as a photovoltaic installer.

      Sec. 8.45.  A person applying for a license as a photovoltaic installer must:

      1.  Submit an application on a form prescribed and furnished by the Division;

      2.  Pay all required fees established by the Division by regulation;

      3.  Pass an examination approved or administered by the Division for licensure as a photovoltaic installer;

      4.  If the person is a contractor, provide proof to the Division that the person has been issued a license of the appropriate classification by the State Contractors’ Board pursuant to chapter 624 of NRS; and

      5.  Meet any additional requirements established by the Division.

      Sec. 8.5.  1.  A license as a photovoltaic installer expires 1 year after the date on which the license is issued. To renew a license as a photovoltaic installer, a person must, on or before the date on which the license expires:

      (a) Apply to the Division for renewal;

      (b) Pay the annual fee for renewal established by the Division by regulation; and

      (c) Submit evidence satisfactory to the Division that the person has completed the requirements for continuing education or training established by the Division, if any.

      2.  The Division may adopt regulations establishing requirements for continuing education or training that a person must complete in order for the person to renew a license as a photovoltaic installer.

      Sec. 8.55.  1.  In addition to any other requirements set forth in sections 8.15 to 8.8, inclusive, of this act, an applicant for the issuance or renewal of a license as a photovoltaic installer shall submit to the Division:

      (a) 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.

      (b) The social security number of the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of a license; or

      (b) A separate form prescribed by the Division.

      3.  A license as a photovoltaic installer may not be issued or renewed by the Division if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division 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.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 74 (Chapter 2, AB 3)ê

 

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 Division 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. 8.6.  1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a photovoltaic installer, the Division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued, unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant, or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 8.65.  1.  In addition to any other remedy or penalty, if the Division finds that a person has violated any provision of sections 8.15 to 8.8, inclusive, of this act, or the standards or regulations adopted pursuant thereto, the Division may:

      (a) Upon the first violation, impose upon the person an administrative fine of not more than $1,500.

      (b) Upon the second violation or a subsequent violation:

             (1) Impose upon the person an administrative fine of not more than $2,500; and

             (2) If the person is licensed pursuant to sections 8.15 to 8.8, inclusive, of this act, suspend or revoke his license and require the person to fulfill certain training or educational requirements to have his license reinstated.

      2.  Any penalty imposed pursuant to subsection 1 does not relieve the person from criminal prosecution for acting as a photovoltaic installer without a license.

      3.  If the license of a photovoltaic installer is suspended or revoked pursuant to subsection 1 and the owner of a building or structure who has contracted with the photovoltaic installer for a photovoltaic system project contracts with another licensed photovoltaic installer to complete the project, the original photovoltaic installer may not bring an action against the owner of the building or structure for breach of contract or damages based on the contract with the other licensed photovoltaic installer.

      Sec. 8.7.  1.  If the Division intends to suspend or revoke a person’s license, the Division shall first notify the person by certified mail. The notice must contain a statement of the Division’s legal authority, jurisdiction and reasons for the proposed action.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 75 (Chapter 2, AB 3)ê

 

      2.  A person is entitled to a hearing to contest the proposed suspension or revocation of his license. A request for such a hearing must be made pursuant to regulations adopted by the Division.

      3.  Upon receiving a request for a hearing to contest a proposed suspension or revocation, the Division shall hold a hearing within 10 days after the date of the receipt of the request.

      Sec. 8.75.  The Division may maintain in a court of competent jurisdiction a suit for an injunction against any person who acts as a photovoltaic installer in violation of any provision of sections 8.15 to 8.8, inclusive, of this act, or the standards or regulations adopted pursuant thereto. An injunction:

      1.  May be issued without proof of actual damage sustained by any person.

      2.  Does not relieve the person from criminal liability for acting as a photovoltaic installer without a license.

      Sec. 8.8.  1.  Except as otherwise provided in subsection 2, a person shall not:

      (a) Act as a photovoltaic installer for a photovoltaic system project unless the person holds a license as a photovoltaic installer issued by the Division; or

      (b) Employ or contract with another person to act as a photovoltaic installer for a photovoltaic system project unless the other person holds a license as a photovoltaic installer issued by the Division.

      2.  A person is not required to obtain a license from the Division to install or maintain a photovoltaic system project on property that the person owns and occupies as a residence.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 9.  Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 10, 11 and 12 of this act.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  1.  The Director, in consultation with the State Public Works Board and any other interested agency, shall:

      (a) In cooperation with representatives of the building and development industry, adopt guidelines establishing Green Building Standards for all occupied public buildings whose construction will be sponsored or financed by this State or a local government.

      (b) Adopt a Green Building Rating System, such as the Leadership in Energy and Environmental Design Green Building Rating System or its equivalent, pursuant to subsections 4 and 5. With regard to buildings or structures that are not public buildings or structures, the Green Building Rating System adopted by the Director is to be used only for the purposes of determining eligibility for tax abatements or tax exemptions that are authorized by law to use the Green Building Rating System.

      2.  Guidelines adopted pursuant to paragraph (a) of subsection 1 must include, without limitation, suggested:

      (a) Requirements for the use of resource-efficient materials for the construction and maintenance of the building;

      (b) Standards for indoor environmental quality;

      (c) Standards for the efficient use of water, including the efficient use of water for landscaping purposes;

      (d) Standards for the efficient use of energy; and

 


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      (e) Requirements for the design and preparation of building lots.

      3.  If standards equivalent to the Leadership in Energy and Environmental Design Green Building Rating System are adopted, the standards adopted must provide reasonable exceptions based on the size, location and use of the building.

      4.  Subject to the provisions of subsection 5, the Director shall establish a process for adopting a Green Building Rating System, such as the Leadership in Energy and Environmental Design Green Building Rating System or its equivalent. The process must include, without limitation:

      (a) The gathering and development of scientific data;

      (b) Comments from representatives of the building industry;

      (c) Consensus from representatives of the building industry;

      (d) A method by which the Director, the State Public Works Board and other interested agencies may cast ballots on the proposed standards;

      (e) A pilot program for the purpose of refining the standards; and

      (f) A process by which an aggrieved person may file an appeal of the standards adopted.

      5.  In adopting a Green Building Rating System pursuant to subsection 4, the Director is not required to adopt and is not limited to using the Leadership in Energy and Environmental Design Green Building Rating System but may adopt an equivalent rating system based on any other nationally recognized standards for green buildings, or any combination of those standards.

      Sec. 12.  The Director shall prepare a state energy reduction plan which requires state agencies, departments and other entities in the Executive Branch to reduce grid-based energy purchases for state-owned buildings by 20 percent by 2015.

      Sec. 13.  NRS 701.220 is hereby amended to read as follows:

      701.220  1.  The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes . [, which] Such regulations must include the adoption of the most recent version of the International Energy Conservation Code, issued by the International Code Council, and any amendments to the Code that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code, and must establish the minimum standards for:

      (a) The construction of floors, walls, ceilings and roofs;

      (b) The equipment and systems for heating, ventilation and air-conditioning;

      (c) Electrical equipment and systems;

      (d) Insulation; and

      (e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code, and any amendments thereto, every third year.

      2.  The Director may exempt a building from a standard if he determines that application of the standard to the building would not accomplish the purpose of the regulations.

      3.  The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 77 (Chapter 2, AB 3)ê

 

      4.  The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy and energy efficiency in buildings. Such governing bodies shall assist the Director in the enforcement of the regulations adopted pursuant to this section.

      5.  The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

      (a) Persons in the business of constructing and selling homes;

      (b) Contractors;

      (c) Public utilities;

      (d) Local building officials; and

      (e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days’ notice of each hearing, before he may adopt any regulations pursuant to this section.

      Sec. 14.  NRS 701.350 is hereby amended to read as follows:

      701.350  1.  The Task Force for Renewable Energy and Energy Conservation is hereby created. The Task Force consists of [10] 11 members who are appointed as follows:

      (a) Two members appointed by the Majority Leader of the Senate, one of whom represents the interests of the renewable energy industry in this State with respect to biomass and the other of whom represents the interests of the mining industry in this State.

      (b) Two members appointed by the Speaker of the Assembly, one of whom represents the interests of the renewable energy industry in this State with respect to geothermal energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.

      (c) One member appointed by the Minority Leader of the Senate to represent the interests of the renewable energy industry in this State with respect to solar energy.

      (d) One member appointed by the Minority Leader of the Assembly to represent the interests of the public utilities in this State.

      (e) Two members appointed by the Governor, one of whom represents the interests of the renewable energy industry in this State with respect to wind and the other of whom represents the interests of the gaming industry in this State.

      (f) One member appointed by the Consumer’s Advocate to represent the interests of the consumers in this State.

      (g) One member appointed by the governing board of the State of Nevada AFL-CIO or, if the State of Nevada AFL-CIO ceases to exist, by its successor organization or, if there is no successor organization, by the Governor.

      (h) One member appointed by the Governor to represent the interests of energy conservation and the efficient use of energy in this State.

      2.  A member of the Task Force:

      (a) Must be a citizen of the United States and a resident of this State.

      (b) Must have training, education, experience or knowledge concerning:

             (1) The development or use of renewable energy;

             (2) Financing, planning or constructing renewable energy generation projects;

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 78 (Chapter 2, AB 3)ê

 

             (3) Measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

             (4) Weatherization;

             (5) Building and energy codes and standards;

             (6) Grants or incentives concerning energy;

             (7) Public education or community relations; or

             (8) Any other matter within the duties of the Task Force.

      (c) Must not be an officer or employee of the Legislative or Judicial Department of State Government.

      3.  After the initial terms, the term of each member of the Task Force is 3 years. A vacancy on the Task Force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the Task Force.

      4.  A member of the Task Force who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Task Force to:

      (a) Make up the time he is absent from work to carry out his duties as a member of the Task Force; or

      (b) Take annual leave or compensatory time for the absence.

      Sec. 15.  NRS 702.260 is hereby amended to read as follows:

      702.260  1.  Seventy-five percent of the money in the Fund must be distributed to the Welfare Division for programs to assist eligible households in paying for natural gas and electricity. The Welfare Division may use not more than [3] 5 percent of the money distributed to it pursuant to this section for its administrative expenses.

      2.  Except as otherwise provided in NRS 702.150, after deduction for its administrative expenses, the Welfare Division may use the money distributed to it pursuant to this section only to:

      (a) Assist eligible households in paying for natural gas and electricity.

      (b) Carry out activities related to consumer outreach.

      (c) Pay for program design.

      (d) Pay for the annual evaluations conducted pursuant to NRS 702.280.

      3.  Except as otherwise provided in subsection 4, to be eligible to receive assistance from the Welfare Division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the Welfare Division.

      4.  The Welfare Division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of natural gas or electricity threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

      5.  Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Welfare Division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 79 (Chapter 2, AB 3)ê

 

      6.  On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Welfare Division:

      (a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.

      (b) May adjust the amount of assistance that the household will receive based upon such factors as:

             (1) The income of the household;

             (2) The size of the household;

             (3) The type of energy that the household uses; and

             (4) Any other factor which, in the determination of the Welfare Division, may make the household particularly vulnerable to increases in the cost of natural gas or electricity.

      7.  The Welfare Division shall adopt regulations to carry out and enforce the provisions of this section and NRS 702.250.

      8.  In carrying out the provisions of this section, the Welfare Division shall:

      (a) Solicit advice from the Housing Division and from other knowledgeable persons;

      (b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;

      (c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

      (d) Establish a process for evaluating the programs conducted pursuant to this section;

      (e) Develop a process for making changes to such programs; and

      (f) Engage in annual planning and evaluation processes with the Housing Division as required by NRS 702.280.

      Sec. 16.  For the purposes of NRS 704.7801 to 704.7828, inclusive, as amended by the provisions of this act, the Legislature hereby finds and declares that:

      1.  It is the policy of this State to encourage and accelerate the development of new renewable energy projects and to create successful markets for electricity generated by those projects using the abundant and diverse renewable energy resources available in Nevada;

      2.  In recent sessions, the Legislature has enacted legislation establishing a portfolio standard for renewable energy and energy from a qualified energy recovery process to promote the development and use of renewable energy resources by providers of electric service;

      3.  To carry out the policy of this State regarding renewable energy resources, the Public Utilities Commission of Nevada has adopted regulations establishing a temporary renewable energy development program that is designed to assist with the completion of new renewable energy projects;

      4.  By enacting the provisions of this act relating to the portfolio standard and new renewable energy projects, it is the intent of the Legislature to facilitate the temporary renewable energy development program and to support the efforts of the Public Utilities Commission of Nevada to carry out the policy of this State regarding renewable energy resources;

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 80 (Chapter 2, AB 3)ê

 

support the efforts of the Public Utilities Commission of Nevada to carry out the policy of this State regarding renewable energy resources;

      5.  It is the policy of this State to promote the conservation of energy through the use of energy efficiency measures in residences, schools, public buildings and businesses, especially during periods of peak load for providers of electric service;

      6.  By enacting the provisions of this act relating to energy efficiency measures, it is the intent of the Legislature to incorporate energy efficiency measures into the portfolio standard and to create successful markets for energy efficiency measures so that those measures will be used in residences, schools, public buildings and businesses to reduce the demand for electricity, especially during periods of peak load;

      7.  As set forth in NRS 704.001, it is the policy of this State to balance the interests of customers and shareholders of public utilities by providing public utilities with the opportunity to earn a fair return on their investments while providing customers with just and reasonable rates; and

      8.  By enacting the provisions of this act relating to the financial impact of long-term contracts entered into by a provider of electric service under the portfolio standard, it is the intent of the Legislature to balance the interests of customers and providers arising under the portfolio standard and to provide for the appropriate regulatory treatment of the costs incurred by a provider to comply with the portfolio standard.

      Sec. 17.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 23, inclusive, of this act.

      Sec. 18.  1.  “Energy efficiency measure” means any measure designed, intended or used to improve energy efficiency if:

      (a) The measure is installed on or after January 1, 2005, at the service location of a retail customer of a provider of electric service in this State;

      (b) The measure reduces the consumption of energy by the retail customer; and

      (c) The costs of the acquisition or installation of the measure are directly reimbursed, in whole or in part, by the provider of electric service.

      2.  The term does not include:

      (a) Any demand response measure or load limiting measure that shifts the consumption of energy by a retail customer from one period to another period.

      (b) Any solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity or any fossil fuel.

      Sec. 19.  “Portfolio energy credit” means any credit which a provider has earned from a portfolio energy system or efficiency measure and which the provider is entitled to use to comply with its portfolio standard, as determined by the Commission.

      Sec. 20.  “Portfolio energy system or efficiency measure” means:

      1.  Any renewable energy system; or

      2.  Any energy efficiency measure.

      Sec. 21.  “Utility provider” means a provider of electric service that is a public utility.

      Sec. 22.  1.  Except as otherwise provided in this section or by specific statute, a provider is entitled to one portfolio energy credit for each kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 81 (Chapter 2, AB 3)ê

 

      2.  The Commission may adopt regulations that give a provider more than one portfolio energy credit for each kilowatt-hour of electricity saved by the provider during its peak load period from energy efficiency measures.

      Sec. 23.  1.  The Commission may adopt regulations to establish a temporary renewable energy development program that is designed to assist with the completion of new renewable energy projects.

      2.  The Commission may require a utility provider to participate in a temporary renewable energy development program.

      3.  If the Commission adopts regulations establishing a temporary renewable energy development program, the program may include, without limitation:

      (a) The establishment of a private trust administered by an independent trustee; and

      (b) The payment of money from the private trust to carry out the terms and conditions of renewable energy contracts approved by the Commission between a utility provider and one or more new renewable energy projects.

      4.  If a utility provider is participating in a temporary renewable energy development program, the utility provider may apply to the Commission for authority to close the program to new renewable energy projects if the utility provider has achieved an investment grade credit rating as determined by either Moody’s Investors Service, Inc., or Standard and Poor’s Rating Services and has maintained that credit rating for 24 consecutive months.

      5.  The Commission may grant an application to close a temporary renewable energy development program only after finding that the creditworthiness of the utility provider is sufficiently restored so that closure of the program to new renewable energy projects is in the public interest.

      6.  An order issued by the Commission closing a temporary renewable energy development program to new renewable energy projects is not effective as to any new renewable energy project which has previously been accepted into the program and which is receiving money from a private trust established under the program until the earlier of:

      (a) The expiration or termination of the original renewable energy contract approved by the Commission between the utility provider and the new renewable energy project; or

      (b) The original financing, including debt, equity, or both debt and equity, as applicable, entered into by the new renewable energy project upon completion of construction of the project has been fully satisfied pursuant to its original terms.

      7.  As used in this section, “new renewable energy project” means a project to construct a renewable energy system if:

      (a) The project is associated with one or more renewable energy contracts approved by the Commission pursuant to NRS 704.7821; and

      (b) Construction on the project commenced on or after July 1, 2001.

      Sec. 24.  NRS 704.775 is hereby amended to read as follows:

      704.775  1.  The billing period for net metering may be either a monthly period or, with the written consent of the customer-generator, an annual period.

      2.  The net energy measurement must be calculated in the following manner:

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 82 (Chapter 2, AB 3)ê

 

      (a) The utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

      (b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.

      (c) If the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:

             (1) Neither the utility nor the customer-generator is entitled to compensation for electricity provided to the other during the billing period; and

             (2) The excess electricity which is fed back to the utility shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive [.] , and sections 18 to 23, inclusive, of this act.

      Sec. 25.  NRS 704.7801 is hereby amended to read as follows:

      704.7801  As used in NRS 704.7801 to 704.7828, inclusive, and sections 18 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7805 to 704.7818, inclusive, and sections 18 to 21, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 26.  NRS 704.7805 is hereby amended to read as follows:

      704.7805  “Portfolio standard” means [a portfolio standard for renewable energy and energy from a qualified energy recovery process] the amount of electricity that a provider must generate, acquire or save from portfolio energy systems or efficiency measures, as established by the Commission pursuant to NRS 704.7821.

      Sec. 27.  (Deleted by amendment.)

      Sec. 28.  NRS 704.7815 is hereby amended to read as follows:

      704.7815  “Renewable energy system” means:

      1.  A facility or energy system that:

      (a) Uses renewable energy or energy from a qualified energy recovery process to generate electricity; and

      (b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process via:

             (1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy or energy from a qualified energy recovery process and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or

             (2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.

      2.  A solar energy system that reduces the consumption of electricity [, natural gas or propane.] or any fossil fuel.

      3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.

      Sec. 29.  NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard . [for renewable energy and energy from a qualified energy recovery process.]

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 83 (Chapter 2, AB 3)ê

 

qualified energy recovery process.] The portfolio standard must require each provider to generate , [or] acquire or save electricity from [renewable] portfolio energy systems or efficiency measures in an amount that is:

      (a) For calendar years [2003 and 2004,] 2005 and 2006, not less than [5] 6 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (b) For calendar years [2005 and 2006,] 2007 and 2008, not less than [7] 9 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (c) For calendar years [2007 and 2008,] 2009 and 2010, not less than [9] 12 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (d) For calendar years [2009 and 2010,] 2011 and 2012, not less than [11] 15 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (e) For calendar years [2011 and 2012,] 2013 and 2014, not less than [13] 18 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (f) For calendar year [2013] 2015 and for each calendar year thereafter, not less than [15] 20 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      2.  In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

      (a) Of the total amount of electricity that the provider is required to generate , [or] acquire or save from [renewable] portfolio energy systems or efficiency measures during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.

      (b) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures. If the provider intends to use energy efficiency measures to comply with its portfolio standard during any calendar year, of the total amount of electricity saved from energy efficiency measures for which the provider seeks to obtain portfolio energy credits pursuant to this paragraph, at least 50 percent of that amount must be saved from energy efficiency measures installed at service locations of residential customers of the provider, unless a different percentage is approved by the Commission.

      (c) If the provider acquires or saves electricity from a [renewable] portfolio energy system or efficiency measure pursuant to a renewable energy contract or energy efficiency contract with another party:

             (1) The term of the [renewable energy] contract must be not less than 10 years, unless the other party agrees to a [renewable energy] contract with a shorter term; and

             (2) The terms and conditions of the [renewable energy] contract must be just and reasonable, as determined by the Commission. If the provider is a [public] utility provider and the Commission approves the terms and conditions of the [renewable energy] contract between the utility provider and the other party, the [renewable energy] contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the [renewable energy] contract.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 84 (Chapter 2, AB 3)ê

 

      3.  If, for the benefit of one or more of its retail customers in this State, the provider has [subsidized,] directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      4.  The Commission shall adopt regulations that establish a system of [renewable] portfolio energy credits that may be used by a provider to comply with its portfolio standard.

      5.  Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.

      6.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of [renewable] portfolio energy credits, the provider shall take actions to acquire or save electricity pursuant to one or more renewable energy contracts or energy efficiency contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.

      7.  The Commission shall adopt regulations that establish:

      (a) Standards for the determination of just and reasonable terms and conditions for the renewable energy contracts and energy efficiency contracts that a provider [of electric service] must enter into to comply with its portfolio standard.

      (b) Methods to classify the financial impact of each long-term renewable energy contract and energy efficiency contract as an additional imputed debt of a utility provider. The regulations must allow the utility provider to propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider. In evaluating any proposal made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

      8.  As used in this section:

      (a) “Energy efficiency contract” means a contract to attain energy savings from one or more energy efficiency measures owned, operated or controlled by other parties.

      (b) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      [(b)] (c) “Terms and conditions” includes, without limitation, the price that a provider [of electric service] must pay to acquire electricity pursuant to a renewable energy contract [.] or to attain energy savings pursuant to an energy efficiency contract.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 85 (Chapter 2, AB 3)ê

 

      Sec. 30.  NRS 704.7825 is hereby amended to read as follows:

      704.7825  1.  Each provider of electric service shall submit to the Commission an annual report that provides information relating to the actions taken by the provider to comply with its portfolio standard.

      2.  Each provider shall submit the annual report to the Commission after the end of each calendar year and within the time prescribed by the Commission. The report must be submitted in a format approved by the Commission.

      3.  The Commission may adopt regulations that require providers to submit to the Commission additional reports during each calendar year.

      4.  Each annual report and each additional report must include clear and concise information that sets forth:

      (a) The amount of electricity which the provider generated , [or] acquired or saved from [renewable] portfolio energy systems or efficiency measures during the reporting period and, if applicable, the amount of [renewable] portfolio energy credits that the provider acquired, sold or traded during the reporting period to comply with its portfolio standard;

      (b) The capacity of each renewable energy system owned, operated or controlled by the provider, the total amount of electricity generated by each such system during the reporting period and the percentage of that total amount which was generated directly from renewable energy;

      (c) Whether, during the reporting period, the provider began construction on, acquired or placed into operation any renewable energy system and, if so, the date of any such event; [and]

      (d) Whether, during the reporting period, the provider participated in the acquisition or installation of any energy efficiency measures and, if so, the date of any such event; and

      (e) Any other information that the Commission by regulation may deem relevant.

      5.  Based on the reports submitted by providers pursuant to this section, the Commission shall compile information that sets forth whether any provider has used energy efficiency measures to comply with its portfolio standard and, if so, the type of energy efficiency measures used and the amount of energy savings attributable to each such energy efficiency measure. The Commission shall report such information to:

      (a) The Legislature, not later than the first day of each regular session; and

      (b) The Legislative Commission, if requested by the Chairman of the Commission.

      Sec. 31.  NRS 704.7828 is hereby amended to read as follows:

      704.7828  1.  The Commission shall adopt regulations to carry out and enforce the provisions of NRS 704.7801 to 704.7828, inclusive [.] , and sections 18 to 23, inclusive, of this act. The regulations adopted by the Commission may include any enforcement mechanisms which are necessary and reasonable to ensure that each provider of electric service complies with its portfolio standard. Such enforcement mechanisms may include, without limitation, the imposition of administrative fines.

      2.  If a provider does not comply with its portfolio standard for any calendar year and the Commission has not exempted the provider from the requirements of its portfolio standard pursuant to NRS 704.7821, the Commission may impose an administrative fine against the provider or take other administrative action against the provider, or do both.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 86 (Chapter 2, AB 3)ê

 

      3.  The Commission may impose an administrative fine against a provider based upon:

      (a) Each kilowatt-hour of electricity that the provider does not generate , [or] acquire or save from [a renewable energy system or a solar renewable energy system] portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; or

      (b) Any other reasonable formula adopted by the Commission.

      4.  In the aggregate, the administrative fines imposed against a provider for all violations of its portfolio standard for a single calendar year must not exceed the amount which is necessary and reasonable to ensure that the provider complies with its portfolio standard, as determined by the Commission.

      5.  If the Commission imposes an administrative fine against a utility provider : [that is a public utility:]

      (a) The administrative fine is not a cost of service of the utility provider;

      (b) The utility provider shall not include any portion of the administrative fine in any application for a rate adjustment or rate increase; and

      (c) The Commission shall not allow the utility provider to recover any portion of the administrative fine from its retail customers.

      6.  All administrative fines imposed and collected pursuant to this section must be deposited in the State General Fund.

      Sec. 32.  NRS 704B.320 is hereby amended to read as follows:

      704B.320  1.  For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this State that is available to the electric utility and the existing demand for energy in this State that is consumed by the customers of the electric utility, as determined by the Commission.

      2.  An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:

      (a) Contract with the provider to purchase:

             (1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and

             (2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and

      (b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.

      3.  If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to NRS 704B.310 all information concerning the contract offered to the electric utility that is necessary for the Commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 87 (Chapter 2, AB 3)ê

 

best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.

      4.  Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the Commission determines are commercially sensitive:

      (a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate and his staff and the electric utility for the purposes of carrying out the provisions of this section; and

      (b) Shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.

      5.  If the Commission determines that the contract:

      (a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.

      (b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the Commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.

      6.  The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to NRS 704.7801 to 704.7828, inclusive, and sections 18 to 23, inclusive, of this act to comply with its portfolio standard . [for renewable energy and energy from a qualified energy recovery process.] The Commission shall not take any actions pursuant to this section that conflict with or diminish those requirements.

      Sec. 33.  Section 3 of Chapter 330, Statutes of Nevada 2001, as amended by Section 2 of Chapter 511, Statutes of Nevada 2003, at page 3496, is hereby amended to read as follows:

       Sec. 3.  1.  This section becomes effective on July 1, 2001.

       2.  Sections 1 and 2 of this act become effective on July 1, 2001, for the purpose of adopting regulations and on January 1, 2002, for all other purposes.

       3.  This act expires by limitation on [June 30,] December 31, 2005.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 88 (Chapter 2, AB 3)ê

 

      Sec. 34.  Section 18 of the Solar Energy Systems Demonstration Program Act, being Chapter 331, Statutes of Nevada 2003, at page 1869, is hereby amended to read as follows:

       Sec. 18.  1.  On or before May 1 of each year, the Public Utilities Commission of Nevada shall:

       (a) Review each application nominated by the Committee to ensure that the application meets the requirements of subsection 3 of section 14 of this act; and

       (b) From those nominees, select participants for the Demonstration Program for the following program year.

       2.  The Public Utilities Commission of Nevada may approve, from among the applications nominated by the Committee, solar energy systems totaling:

       (a) For the program year beginning July 1, 2004:

             (1) 100 kilowatts of capacity for schools;

             (2) 200 kilowatts of capacity for other public buildings; and

             (3) 200 kilowatts of capacity for private residences and small businesses.

       (b) For the program year beginning July 1, 2005:

             (1) An additional [450] 570 kilowatts of capacity for schools;

             (2) An additional [450] 570 kilowatts of capacity for other public buildings; and

             (3) An additional [600] 760 kilowatts of capacity for private residences and small businesses.

       (c) For the program year beginning July 1, 2006:

             (1) An additional [900] 570 kilowatts of capacity for schools;

             (2) An additional [900] 570 kilowatts of capacity for other public buildings; and

             (3) An additional [1200] 760 kilowatts of capacity for private residences and small businesses.

       (d) For the program year beginning July 1, 2007:

             (1) An additional 570 kilowatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

       (e) For the program year beginning July 1, 2008:

             (1) An additional 570 kilowatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

       (f) For the program year beginning July 1, 2009:

             (1) An additional 570 kilowatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

       3.  The Public Utilities Commission of Nevada shall notify each nominee of its selections no later than 10 days after the decision is made.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 89 (Chapter 2, AB 3)ê

 

      Sec. 35.  Section 19 of the Solar Energy Systems Demonstration Program Act, being Chapter 331, Statutes of Nevada 2003, as amended by Chapter 478, Statutes of Nevada 2003, at page 3034, is hereby amended to read as follows:

       Sec. 19.  1.  After the participant installs the solar energy system included in the Demonstration Program, the Public Utilities Commission of Nevada shall issue to the participant [renewable] portfolio energy credits for use within the system of [renewable] portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to 2.4 times the actual or estimated kilowatt-hour production of the solar energy system.

       2.  The Commission shall designate the [renewable] portfolio energy credits issued to the participant pursuant to subsection 1 as [renewable] portfolio energy credits generated or acquired from solar renewable energy systems. The participant may transfer the [renewable] portfolio energy credits to a utility if the participant complies with the regulations adopted by the Commission to complete such a transfer.

       3.  The Commission shall adopt regulations to provide for the requirements and the procedures that a participant must follow to transfer [renewable] portfolio energy credits from the participant to a utility.

      Sec. 36.  Section 20 of the Solar Energy Systems Demonstration Program Act, being Chapter 331, Statutes of Nevada 2003, at page 1870, is hereby amended to read as follows:

       Sec. 20.  1.  If the solar energy system used by a participant in the Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

       2.  If the utility which provides service to the participant offers an optional pricing plan that allows the utility to charge a customer varying rates per kilowatt-hour of electricity depending on the time of day that the customer uses the electricity, the participant is also entitled to participate in net metering under that optional pricing plan.

       3.  A participant who participates in net metering must be billed on a monthly basis by the utility.

       4.  Notwithstanding the provisions of paragraph (c) of subsection 2 of NRS 704.775, the utility shall credit the participant for the excess energy generated by the participant which is fed back to the utility that exceeds the electricity supplied by the utility to the participant during any billing period. This credit must be applied toward the electricity consumed by the participant in the 11 billing periods immediately following the billing period in which the credit accrues. Any credit that accrues to the participant during a billing period that is not applied toward the electricity consumed by the participant during the 11 billing periods immediately following must expire without compensation to the participant. The electricity represented by the expired credit shall be deemed to be electricity that the utility generated or acquired from a solar renewable energy system to comply with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive [.] , and sections 18 to 23, inclusive, of this act.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 90 (Chapter 2, AB 3)ê

 

       5.  If the participant participates in net metering under an optional pricing plan pursuant to the provisions of subsection 2, any credit accrued by the participant pursuant to subsection 3 during a billing period must, until exhausted, be applied first toward the electricity consumed by the participant during peak period consumption, second toward the electricity consumed by the participant during mid-peak period consumption and finally toward the electricity consumed by the participant during off-peak period consumption.

      Sec. 37.  Section 24 of the Solar Energy Systems Demonstration Program Act, being Chapter 331, Statutes of Nevada 2003, at page 1871, is hereby amended to read as follows:

       Sec. 24.  The provisions of sections 4 to 21, inclusive, of this act expire by limitation on June 30, [2007.] 2010.

      Sec. 38.  1.  Section 4 of Senate Bill No. 256 of the 73rd Session of the Nevada Legislature is hereby repealed.

      2.  In repealing section 4 of Senate Bill No. 256 of the 73rd Session of the Nevada Legislature, the Legislature hereby expresses its intent that section 4 of Senate Bill No. 256 of the 73rd Session of the Nevada Legislature shall be deemed to have never been enacted into law.

      Sec. 39.  As soon as practicable, the Governor shall appoint to the Task Force for Renewable Energy and Energy Conservation the member required by section 14 of this act. The initial term of that member expires on June 30, 2007.

      Sec. 40.  1.  The Director of the Office of Energy shall review model standards for commercial appliances, including, without limitation, the appliance efficiency standards adopted by the California Energy Commission.

      2.  The Director shall prepare a report summarizing the review and submit the report by July 1, 2006, to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and to the 74th Session of the Nevada Legislature. The report must be made available to the general public.

      Sec. 41.  The Public Utilities Commission of Nevada shall transfer the sum of $125,000 in Fiscal Year 2005-2006 and the sum of $125,000 in Fiscal Year 2006-2007 from its reserve account in the Public Utilities Commission Regulatory Fund, created pursuant to NRS 703.147, to the Trust Fund for Renewable Energy and Energy Conservation, created pursuant to NRS 701.370.

      Sec. 42.  1.  This section and sections 14 to 37, inclusive, 39, 40 and 41 of this act become effective upon passage and approval.

      2.  Section 38 of this act becomes effective on June 1, 2005.

      3.  Sections 1, 2, 4, 6, 7, 8 and 9 to 13, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On October 1, 2005, for all other purposes.

      4.  Section 5 of this act becomes effective on October 1, 2005, and applies to the construction or renovation of a public building, the designing of which begins on or after that date.

      5.  Sections 8.1 to 8.8, inclusive, of this act become effective:

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 91 (Chapter 2, AB 3)ê

 

      (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On July 1, 2006, for all other purposes.

      6.  Section 3 of this act becomes effective on July 1, 2007, and applies to the construction of a public building, the designing of which begins on or after that date.

      7.  Sections 8.55 and 8.6 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a 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,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 3, AB 4

Assembly Bill No. 4–Committee of the Whole

 

CHAPTER 3

 

AN ACT relating to education; making an appropriation for certain schools to provide full-day kindergarten; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 11.  There is hereby appropriated from the State General Fund to the Department of Education for the Fiscal Year 2006-2007 the sum of $22,000,000 for school districts to provide full-day kindergarten at certain schools. The sum must be included in the Account for Programs for Innovation and the Prevention of Remediation.

      2.  The Department of Education shall distribute the allocation made by subsection 1 to school districts that elect to provide full-day kindergarten during the 2006-2007 school year at certain schools within the school district. In no event is a school district required to submit an application for an allocation of money or otherwise required to provide full-day kindergarten.

      3.  Except as otherwise provided in subsection 4, a school district that elects to receive an allocation of money pursuant to this section shall use the money to provide full-day kindergarten in each school within the school district that is prioritized for full-day kindergarten based upon the percentage of pupils enrolled in the school who are eligible for free or reduced price lunches pursuant to 42 U.S.C. §§ 1751 et seq. A school district shall allocate the money by assigning first priority to those schools within the school district that have the highest percentage of pupils who are eligible for free or reduced price lunches. If a school within a school district that is required to provide full-day kindergarten pursuant to this section currently provides full-day kindergarten with money that it receives from the Federal Government or other funding allocations, the school may redirect that money, to the extent authorized by applicable federal law, for other programs of remediation at the school and use the money provided by the Department of Education from the allocation to provide full-day kindergarten during the 2006-2007 school year.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 92 (Chapter 3, AB 4)ê

 

provide full-day kindergarten pursuant to this section currently provides full-day kindergarten with money that it receives from the Federal Government or other funding allocations, the school may redirect that money, to the extent authorized by applicable federal law, for other programs of remediation at the school and use the money provided by the Department of Education from the allocation to provide full-day kindergarten during the 2006-2007 school year.

      4.  A school that is otherwise required to provide full-day kindergarten pursuant to subsection 3 may opt out of providing full-day kindergarten.

      5.  A parent or legal guardian of a pupil who is otherwise zoned to attend a public school that provides full-day kindergarten pursuant to this section may request that the pupil not be enrolled in full-day kindergarten. The school district in which the pupil is enrolled shall grant the request and ensure that the pupil is allowed to attend kindergarten, whether at the zoned school or another school, for less than a full day.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 4, AB 5

Assembly Bill No. 5–Committee of the Whole

 

CHAPTER 4

 

AN ACT relating to the Nevada Equal Rights Commission; requiring the approval of the Legislature for the Commission to enter into certain contracts or memoranda of understanding to investigate and enforce laws relating to fair housing; revising provisions governing the receipt and investigation of complaints of discrimination in employment, housing and public accommodation by the Commission; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commission shall not contract with or enter into a memorandum of understanding with the United States Department of Housing and Urban Development for the Commission to investigate and enforce laws relating to fair housing as a certified agency unless the Legislature, by resolution or other appropriate legislative measure, expressly authorizes the Commission to do so.

      2.  As used in this section:

      (a) “Certified agency” has the meaning ascribed to it in 24 C.F.R. § 115.100(c). The term refers to the certification of an agency as substantially equivalent as described in 42 U.S.C. § 3610(f)(3)(A) and 24 C.F.R. Part 115, Subpart B.

      (b) “Memorandum of understanding” means the memorandum of understanding described in 24 C.F.R. § 115.210.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 93 (Chapter 4, AB 5)ê

 

      Sec. 2.  NRS 233.010 is hereby amended to read as follows:

      233.010  1.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations [, and reasonably to seek and be granted services in places of public accommodation] without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry.

      2.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin or ancestry.

      3.  It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State.

      Sec. 3.  NRS 233.020 is hereby amended to read as follows:

      233.020  As used in this chapter:

      1.  “Administrator” means the Administrator of the Commission.

      2.  “Commission” means the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation.

      3.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

      4.  “Member” means a member of the Nevada Equal Rights Commission.

      5.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 4.  NRS 233.150 is hereby amended to read as follows:

      233.150  The Commission may:

      1.  Order its Administrator to :

      (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin or ancestry, and may conduct hearings with regard thereto.

      (b) With regard to employment and housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto.

      2.  Mediate between or reconcile the persons or groups involved in those tensions, practices and acts.

      3.  Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission.

      4.  Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 94 (Chapter 4, AB 5)ê

 

      5.  Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law.

      Sec. 5.  NRS 233.160 is hereby amended to read as follows:

      233.160  1.  A complaint which alleges unlawful discriminatory practices in:

      (a) Housing must be filed with the Commission not later than 1 year after the date of the occurrence of the alleged practice or the date on which the practice terminated.

      (b) Employment or public accommodations must be filed with the Commission not later than [180] 300 days after the date of the occurrence of the alleged practice.

Ê A complaint is timely if it is filed with an appropriate federal agency within that period. A complainant shall not file a complaint with the Commission if any other state or federal administrative body or officer which has comparable jurisdiction to adjudicate complaints of discriminatory practices has made a decision upon a complaint based upon the same facts and legal theory.

      2.  The complainant shall specify in the complaint the alleged unlawful practice and sign it under oath.

      3.  The Commission shall send to the party against whom an unlawful discriminatory practice is alleged:

      (a) A copy of the complaint;

      (b) An explanation of the rights which are available to him; and

      (c) A copy of the Commission’s procedures.

      Sec. 6.  NRS 233.160 is hereby amended to read as follows:

      233.160  1.  A complaint which alleges an unlawful discriminatory practice in:

      (a) Housing must be filed with the Commission not later than 1 year after the date of the occurrence of the alleged practice or the date on which the practice terminated.

      (b) Employment or public accommodations must be filed with the Commission not later than [180] 300 days after the date of the occurrence of the alleged practice.

Ê A complaint is timely if it is filed with an appropriate federal agency within that period. A complainant shall not file a complaint with the Commission if any other state or federal administrative body or officer which has comparable jurisdiction to adjudicate complaints of discriminatory practices has made a decision upon a complaint based upon the same facts and legal theory.

      2.  The complainant shall specify in the complaint the alleged unlawful practice. The complaint must be in writing and signed, under oath, by the complainant.

      3.  If the complaint alleges an unlawful discriminatory practice in housing, the Commission shall serve upon the complainant:

      (a) Notice that the complaint was filed with the Commission;

      (b) A copy of the Commission’s procedures;

      (c) The information set forth in subsection 5 of NRS 233.170; and

      (d) Information relating to the state and federal administrative bodies and courts with which he may file the complaint.

      4.  The Commission shall send to the party against whom an unlawful discriminatory practice is alleged:

      (a) A copy of the complaint;

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 95 (Chapter 4, AB 5)ê

 

      (b) An explanation of the rights which are available to him; and

      (c) A copy of the Commission’s procedures.

Ê If the complaint alleges an unlawful discriminatory practice in housing, the Commission shall comply with the requirements of this subsection within 10 days after it receives the complaint.

      5.  A person against whom an unlawful discriminatory practice in housing is alleged may file with the Commission an answer to the complaint filed against him not later than 10 days after he receives the information described in subsection 4.

      Sec. 7.  1.  This section and sections 1 to 5, inclusive, of this act become effective on October 1, 2005.

      2.  Section 5 of this act expires by limitation on the date the Governor declares that the Federal Government has determined that certain provisions of NRS provide rights and remedies for alleged discriminatory housing practices substantially equivalent to federal law.

      3.  Section 6 of this act becomes effective on the date the Governor declares that the Federal Government has determined that certain provisions of NRS provide rights and remedies for alleged discriminatory housing practices substantially equivalent to federal law.

________

 

CHAPTER 5, AB 7

Assembly Bill No. 7–Committee of the Whole

 

CHAPTER 5

 

AN ACT making appropriations to the Nevada Commission on Sports to fund operational expenses and to Big Brothers Big Sisters of Northern Nevada, Inc., for costs relating to the purchase of a facility; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Nevada Commission on Sports the sum of $100,000 to fund the operational expenses of the Nevada Commission on Sports.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Commission on Sports shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Commission on Sports through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Commission on Sports, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

 


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      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to Big Brothers Big Sisters of Northern Nevada, Inc., the sum of $25,000 to be used toward the payment of the cost of a facility for use by the organization.

      2.  Upon acceptance of the money appropriated by subsection 1, the Big Brothers Big Sisters of Northern Nevada, Inc., shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Big Brothers Big Sisters of Northern Nevada, Inc., through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Big Brothers Big Sisters of Northern Nevada, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 6, AB 1

Assembly Bill No. 1–Committee of the Whole

 

CHAPTER 6

 

AN ACT relating to statutes; making technical corrections to certain legislative measures; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 3 of Assembly Bill No. 203 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 3.  The Board may delegate its authority to conduct a hearing concerning the discipline of a licensee pursuant to [NRS 633.621] sections 2 to 41, inclusive, of Senate Bill No. 276 of the 73rd Session of the Nevada Legislature to:

       1.  A person; or

       2.  A group of such members of the Board as the President of the Board may designate from time to time, which group must consist of not less than three members of the Board, at least one of whom was appointed to the Board pursuant to subsection 2 or 3 of NRS 633.191.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 97 (Chapter 6, AB 1)ê

 

      Sec. 2.  Section 3.5 of Assembly Bill No. 203 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 3.5.  A hearing officer or panel has all the powers [of the Board in connection with] that are necessary to conduct a hearing [conducted] concerning the discipline of a licensee pursuant to [NRS 633.621, and shall report to the Board with findings of fact and conclusions of law within 30 days after the final hearing on the matter. The Board may take action based upon the report of the hearing officer or panel, refer the matter to the hearing officer or panel for further hearings or conduct its own hearings on the matter.] sections 2 to 41, inclusive, of Senate Bill No. 276 of the 73rd Session of the Nevada Legislature.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  Section 8 of Assembly Bill No. 334 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 8.  1.  This [act] section becomes effective on January 1, 2006.

       2.  Sections 2, 3, 5 and 7 of this act become effective on January 1, 2007.

      Sec. 5.  Section 29 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 29.  1.  A person, including, without limitation, a person licensed pursuant to chapter 675 of NRS, shall not operate a check-cashing service, deferred deposit loan service, short-term loan service or title loan service unless the person is licensed with the Commissioner pursuant to the provisions of this chapter.

       2.  A person must have a license regardless of the location or method that the person uses to operate such a service, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the person shall not operate such a service through any automated loan machine in violation of the provisions of subsection 3.

       3.  A person shall not operate a deferred deposit loan service or short-term loan service through any automated loan machine, and the Commissioner shall not issue a license that authorizes the licensee to conduct business through any automated loan machine.

       4.  Any person, and any member, officer, director, agent or employee thereof, who violates or participates in the violation of any provision of this section is guilty of a misdemeanor.

      Sec. 6.  Section 49 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 49.  1.  Except as otherwise provided in section 50 of this act, each application for a license pursuant to the provisions of this chapter must be accompanied by a surety bond payable to the State of Nevada in the amount of $50,000 plus an additional $5,000 for each branch location at which the applicant proposes to do business under the license. Thereafter, each licensee shall maintain the surety bond so that the amount of the surety bond is $50,000 plus an additional $5,000 for each branch location at which the licensee does business under the license. The surety bond required by this section is for the use and benefit of any customer receiving the services of the licensee at any location at which the licensee does business under the license.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 98 (Chapter 6, AB 1)ê

 

section is for the use and benefit of any customer receiving the services of the licensee at any location at which the licensee does business under the license.

       2.  Each bond must be in a form satisfactory to the Commissioner, issued by a bonding company authorized to do business in this State and must secure the faithful performance of the obligations of the licensee respecting the provision of the services.

       3.  A licensee shall, within 10 days after the commencement of any action or notice of entry of any judgment against him by any creditor or claimant arising out of business regulated by this chapter give notice thereof to the Commissioner by certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the Commissioner by certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.

       4.  Whenever the principal sum of any bond is reduced by recoveries or payments thereon, the licensee shall furnish:

       (a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required pursuant to subsection 1; or

       (b) An endorsement, duly executed by the surety, reinstating the bond to the required principal sum.

       5.  The liability of the surety on a bond to a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.

       6.  The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the agents of the licensee within 30 days after:

       (a) The death of the licensee or the dissolution or liquidation of his business; or

       (b) The termination of the bond,

Ê whichever event occurs first.

       7.  A licensee or his surety shall not cancel or alter a bond except after notice to the Commissioner by certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the Commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the 30-day period designated in subsection 6.

      Sec. 7.  Section 50 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 50.  1.  In lieu of any surety bond, or any portion of the principal sum thereof as required pursuant to the provisions of this chapter, a licensee may deposit with the State Treasurer or with any bank, credit union or trust company authorized to do business in this State as the licensee may select, with the approval of the Commissioner:

       (a) Interest-bearing stocks;

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 99 (Chapter 6, AB 1)ê

 

       (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

       (c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State or guaranteed by this State,

Ê in an aggregate amount of, based upon principal amount or market value, whichever is lower, of not less than the amount of any required surety bond or portion thereof.

       2.  The securities must be held to secure the same obligation as would any surety bond, but the depositor may receive any interest or dividends and, with the approval of the Commissioner, substitute other suitable securities for those deposited.

      Sec. 8.  Section 53.5 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 53.5.  1.  In addition to any other requirements set forth in this chapter, each applicant must submit:

       (a) Proof satisfactory to the Commissioner that the applicant:

             (1) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business for which the applicant seeks to be licensed in a manner which protects the interests of the general public.

             (2) Has not made a false statement of material fact on the application for the license.

             (3) Has not committed any of the acts specified in subsection 2.

             (4) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

             (5) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

             (6) If the applicant is a natural person:

                   (I) Is at least 21 years of age; and

                   (II) Is a citizen of the United States or lawfully entitled to remain and work in the United States.

       (b) A complete set of his fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry 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.

       2.  In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

       (a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

       (b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

       (c) Has participated in any act which was a basis for the refusal or revocation of a license pursuant to this chapter.

       (d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 100 (Chapter 6, AB 1)ê

 

      Sec. 9.  Section 55 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 55.  1.  A license issued pursuant to the provisions of this chapter expires annually on the anniversary of the issuance of the license. A licensee must renew his license on or before the date on which the license expires by paying:

       (a) A renewal fee of not more than $500; and

       (b) An additional fee of not more than $100 for each branch location at which the licensee is authorized to operate under the license.

       2.  A licensee who fails to renew his license within the time required by this section is not licensed pursuant to the provisions of this chapter.

       3.  The Commissioner may reinstate an expired license upon receipt of the renewal fee and a fee for reinstatement.

       4.  The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.

      Sec. 10.  Section 65 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 65.  1.  The Commissioner shall charge and collect from each licensee a fee of not more than $80 per hour for any supervision, audit, examination, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto.

       2.  The Commissioner shall bill each licensee upon the completion of the activity for the fee required pursuant to subsection 1. The licensee shall pay the fee within 30 days after the date the bill is received. Except as otherwise provided in this subsection, any payment received after the date due must include a penalty of 10 percent of the fee plus an additional 1 percent of the fee for each month, or portion of a month, that the fee is not paid. The Commissioner may waive the penalty for good cause.

       3.  The failure of a licensee to pay the fee required pursuant to subsection 1 as provided in this section constitutes grounds for revocation of the license of the licensee.

       4.  The Commissioner shall adopt regulations establishing the amount of the fee required pursuant to this section.

      Sec. 11.  Section 68 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 68.  1.  If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, he shall give 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

       2.  At the conclusion of a hearing, the Commissioner shall:

       (a) Enter a written order either dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the licensee by registered or certified mail.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 101 (Chapter 6, AB 1)ê

 

       (b) Impose upon the licensee an administrative fine of not more than $10,000 for each violation by the licensee of any provision of this chapter or any regulation adopted pursuant thereto.

       (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his investigative costs and attorney’s fees.

       3.  The grounds for revocation or suspension of a license are that:

       (a) The licensee has failed to pay the annual license fee;

       (b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter or any lawful regulation adopted pursuant thereto;

       (c) The licensee has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS;

       (d) Any fact or condition exists which would have justified the Commissioner in denying the licensee’s original application for a license pursuant to the provisions of this chapter; or

       (e) The licensee:

             (1) Failed to open an office for the conduct of the business authorized by his license within 180 days after the date his license was issued; or

             (2) Has failed to remain open for the conduct of the business for a period of 180 days without good cause therefor.

       4.  Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.

       5.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      Sec. 12.  Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended by adding thereto a new section to be designated as sec. 71.5, immediately following sec. 71, to read as follows:

       Sec. 71.5.  1.  If a licensee fails to submit any report required pursuant to this chapter or any regulation adopted pursuant thereto within the prescribed period, the Commissioner may impose and collect a fee of not more than $10 for each day the report is overdue.

       2.  The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this section.

      Sec. 13.  Section 73.5 of Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 73.5.  In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $50,000 upon a person who, without a license, conducts any business or activity for which a license is required pursuant to the provisions of this chapter.

      Sec. 14.  Assembly Bill No. 384 of the 73rd Session of the Nevada Legislature is hereby amended by adding thereto a new section to be designated as sec. 73.7, immediately following sec. 73.5, to read as follows:

       Sec. 73.7.  If a person operates a check-cashing service, deferred deposit loan service, short-term loan service or title loan service without obtaining a license pursuant to this chapter:

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 102 (Chapter 6, AB 1)ê

 

       1.  Any contracts entered into by that person for the cashing of a check or for a deferred deposit loan, short-term loan or title loan are voidable by the other party to the contract; and

       2.  In addition to any other remedy or penalty, the other party to the contract may bring a civil action against the person pursuant to section 74 of this act.

      Sec. 15.  Section 3 of Assembly Bill No. 421 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 3.  NRS 484.3792 is hereby amended to read as follows:

       484.3792  1.  Unless a greater penalty is provided pursuant to NRS 484.3795 [,] or section 10 of [this act,] Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature, and except as otherwise provided in subsection 2, a person who violates the provisions of NRS 484.379:

       (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

             (1) Except as otherwise provided in subparagraph (4) or subsection [6,] 7, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379;

             (3) Fine him not less than $400 nor more than $1,000; and

             (4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

       (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:

             (1) Sentence him to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and

             (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this [subsection] paragraph is guilty of a misdemeanor.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 103 (Chapter 6, AB 1)ê

 

       (c) For a third [or subsequent] offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

       2.  [An] Unless a greater penalty is provided in section 10 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature, a person who has previously been convicted of:

       (a) A violation of NRS 484.379 that is punishable as a felony pursuant to paragraph (c) of subsection 1;

       (b) A violation of NRS 484.3795;

       (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 or section 10 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature; or

       (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c),

Ê and who violates the provisions of NRS 484.379 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

       3.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraphs (a) to (d), inclusive, of subsection 2 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

       [3.] 4.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 104 (Chapter 6, AB 1)ê

 

prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

       [4.] 5.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

       [5.] 6.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

       [6.] 7.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:

       (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

       (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

Ê and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

       [7.] 8.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

       [8.] 9.  As used in this section, unless the context otherwise requires:

       (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

       (b) “Offense” means:

             (1) A violation of NRS 484.379 or 484.3795;

             (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 or section 10 of [this act;] Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature; or

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 105 (Chapter 6, AB 1)ê

 

             (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).

      Sec. 16.  Section 9 of Assembly Bill No. 421 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 9.  Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Unless a greater penalty is provided pursuant to section 31 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature, a person who violates the provisions of NRS 488.410 and who has previously been convicted of a violation of NRS 488.420 or section 31 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature or a violation of the law of any other jurisdiction that prohibits the same or similar conduct as set forth in NRS 488.420 or section 31 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

       2.  The facts concerning a prior violation of NRS 488.420 or section 31 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing.

       3.  A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 488.410 against a person previously convicted of violating NRS 488.420 or section 31 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

       4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 17.  Section 3 of Assembly Bill No. 550 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 3.  NRS 484.3943 is hereby amended to read as follows:

       484.3943  1.  Except as otherwise provided in [subsection] subsections 2 and 5, a court:

       (a) May order a person convicted of a first or second violation of NRS 484.379 [,] if the person is found to have had a concentration of alcohol of less than 0.18 in his blood or breath, for a period of not less than 3 months nor more than 6 months [; and] , to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of his driving privilege.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 106 (Chapter 6, AB 1)ê

 

NRS 483.490 or as a condition of reinstatement of his driving privilege.

       (b) Shall order a person convicted of [a] :

             (1) A first or second violation of NRS 484.379 if the person is found to have had a concentration of alcohol of 0.18 or more in his blood or breath;

             (2) A third or subsequent violation of NRS 484.379 [or a] ; or

             (3) A violation of NRS 484.3795,

Ê for a period of not less than 12 months nor more than 36 months, to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to [subsection 3 of] NRS 483.490 [.] or as a condition of reinstatement of his driving privilege.

       2.  A court may [order a person convicted of a violation of NRS 484.379 or 484.3795, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege.] provide for an exception to the provisions of subparagraph (1) of paragraph (b) of subsection 1 for a person who is convicted of a first violation of NRS 484.379 to avoid undue hardship to the person if the court determines that:

       (a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship; and

       (b) The person requires the use of the motor vehicle to:

             (1) Travel to and from work or in the course and scope of his employment;

             (2) Obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

             (3) Transport himself or another member of his immediate family to or from school.

       3.  If the court orders a person to install a device pursuant to subsection 1 : [or 2:]

       (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

       (b) The person who is required to install the device shall provide proof of compliance to the Department before he may receive a restricted license or before his driving privilege may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

       4.  A person whose driving privilege is restricted pursuant to this section shall:

       (a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which he is required to use the device; or

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 107 (Chapter 6, AB 1)ê

 

       (b) If he was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,

Ê to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device.

       5.  If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:

       (a) The employee notifies his employer that the employee’s driving privilege has been so restricted; and

       (b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

       6.  The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to him or reinstates his driving privilege and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484.379 or 484.3795 or section 10 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature, imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation.

       7.  As used in this section:

       (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

       (b) “Concentration of alcohol of less than 0.18 in his blood or breath” means less than 0.18 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

       (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 18.  Section 41 of Assembly Bill No. 576 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 41.  1.  The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the various divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Years 2005-2006 and 2006-2007, and may be transferred among the Legislative Commission, the various divisions of the Legislative Counsel Bureau and the Interim Legislative Operations and from one fiscal year to another with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau. The provisions of chapter 338 of NRS do not apply to projects undertaken pursuant to those appropriations [.]

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 108 (Chapter 6, AB 1)ê

 

undertaken pursuant to those appropriations [.] , except that the Legislative Counsel Bureau shall comply with the provisions of NRS 338.010 to 338.090, inclusive, for those projects.

       2.  The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.

      Sec. 19.  Section 104 of Senate Bill No. 276 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 104.  NRS 633.621 is hereby amended to read as follows:

       633.621  [1.  If a formal complaint is filed with the Board pursuant to NRS 633.541, the Secretary of the Board or a hearing officer shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint to be served on the person charged at least 20 days before the date fixed for the hearing. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a [formal complaint concerning] report pursuant to subsection 5 of NRS 228.420, [such a hearing] a disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving the formal complaint.

       2.  The Board, a hearing officer or panel shall hold the formal hearing on the charges at the time and place designated in the notice of hearing. The President of the Board shall determine whether the hearing will be held before the Board, a hearing officer or panel.] the Board receives the report.

      Sec. 20.  Section 106 of Senate Bill No. 276 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 106.  NRS 633.641 is hereby amended to read as follows:

       633.641  [In] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, in any disciplinary proceeding before the Board, a hearing officer or a panel:

       1.  Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.

       2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine is conclusive evidence of its occurrence.

      Sec. 21.  Section 109 of Senate Bill No. 276 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 109.  NRS 633.691 is hereby amended to read as follows:

       633.691  [The] In addition to any other immunity provided by the provisions of sections 2 to 41, inclusive, of this act, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 109 (Chapter 6, AB 1)ê

 

      Sec. 21.5.  Section 21 of Senate Bill No. 347 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 21.  “Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:

       1.  Social security number.

       2.  Driver’s license number or identification card number.

       3.  Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account.

Ê The term does not include publicly available information that is lawfully made available to the general public.

      Sec. 22.  Section 115 of Senate Bill No. 431 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 115.  [1.  If, on October 1, 2005, a person holds a valid certificate of registration that was issued by the Commissioner of Financial Institutions pursuant to chapter 604 of NRS before October 1, 2005, the person’s certificate of registration shall be deemed to be a license issued pursuant to chapter 604 of NRS, as amended by the provisions of this act, until the date of its renewal.

       2.]  The amendatory provisions of section 62 of this act shall apply:

       [(a)] 1.  On October 1, 2008, to any person who has been issued a license pursuant to NRS 649.095 on or before September 30, 2005.

       [(b)] 2.  On October 1, 2005, to any person to whom a license is issued pursuant to NRS 649.095 on or after October 1, 2005.

      Sec. 23.  Section 29 of Senate Bill No. 520 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 29.  NRS 344.070 is hereby amended to read as follows:

       344.070  1.  The [Superintendent is authorized to] State Printer may secure copyright under the laws of the United States in all publications issued by the State of Nevada, the copyright to be secured in the name of the State of Nevada.

       2.  All costs and charges incurred in copyrighting such publications [shall] must be charged against the State Printing Fund, and [shall] must be paid in the same way as other charges are paid by the State.

      Sec. 24.  Section 31 of Senate Bill No. 520 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 31.  NRS 344.090 is hereby amended to read as follows:

       344.090  1.  The State Printing Fund is created as an internal service fund.

       2.  The State Printing Fund consists of the money appropriated to carry out the provisions of this chapter [,] and all money received in the State Printing Fund from any source in payment of all printing, reproduction and binding done in the [Division.

       3.  All expenses for the support of the Division, including the salary of the Superintendent, must be paid from the State Printing Fund.] State Printing Office.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 110 (Chapter 6, AB 1)ê

 

      Sec. 25.  Sections 1, 4 and 6 of Assembly Bill No. 334 of the 73rd Session of the Nevada Legislature, sections 33, 35, 36, 37, 37.1, 37.2, 37.3, 37.4, 37.5, 37.6, 37.7, 37.8, 38, 39, 40, 40.5, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 52.5, 53 and 54 of Senate Bill No. 431 of the 73rd Session of the Nevada Legislature and section 43 of Senate Bill No. 520 of the 73rd Session of the Nevada Legislature are hereby repealed.

      Sec. 26.  1.  This section and sections 3 to 25, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective on October 1, 2005.

________

 

CHAPTER 7, SB 1

Senate Bill No. 1–Committee of the Whole

 

CHAPTER 7

 

AN ACT relating to state financial administration; establishing the Nevada Economic Development Fund; requiring the Commission on Economic Development to administer the Fund; providing that certain grants for the purpose of economic development may be made from the Fund; requiring the Commission on Economic Development to develop a grant program to assist projects of economic diversification in certain counties; creating the Nevada War on Terrorism Medal; establishing the criteria for awarding the Medal; authorizing the Department of Transportation to conduct a study to identify sustaining funding sources for the Fund for Aviation; making appropriations to various entities; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  The Nevada Economic Development Fund is hereby created in the State Treasury as a special revenue fund.

      2.  Except as otherwise provided in subsection 4, the Nevada Economic Development Fund is a continuing fund without reversion. The money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  The Commission on Economic Development may accept gifts, grants and donations from any source for deposit in the Nevada Economic Development Fund.

      4.  The State Board of Examiners may, upon making a determination that any portion of any amount appropriated by the Legislature for deposit in the Fund is necessary to meet existing or future obligations of the State, recommend to the Interim Finance Committee that the amount so needed be transferred from the Fund to the State General Fund. Upon approval of the Interim Finance Committee, the money may be so transferred.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 111 (Chapter 7, SB 1)ê

 

      Sec. 3.  1.  Except as otherwise provided in subsections 2 and 3, the Commission on Economic Development shall administer the Nevada Economic Development Fund and may make grants of money to a public agency or nonprofit private entity for the purpose of economic development in a rural area or blighted urban area.

      2.  If a nonprofit private entity applies for a grant for the purpose of economic development in a rural area or blighted urban area, the Commission on Economic Development shall consult with the board of county commissioners for the county in which the rural area or blighted urban area is located before making a grant to the nonprofit private entity.

      3.  The Commission on Economic Development shall not make a grant from the Nevada Economic Development Fund for the purpose of any economic development relating to the location of a federal nuclear waste repository at Yucca Mountain.

      4.  As used in this section:

      (a) “Blighted urban area” means an area in a county whose population is 100,000 or more which is characterized by one or more of the following factors:

             (1) The existence of buildings and structures, used or intended to be used for residential, commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of one or more of the following factors:

                   (I) Defective design and character of physical construction.

                   (II) Faulty arrangement of the interior and spacing of buildings.

                   (III) Overcrowding.

                   (IV) Inadequate provision for ventilation, light, sanitation, open spaces and recreational facilities.

                   (V) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses.

             (2) An economic dislocation, deterioration or disuse, resulting from faulty planning.

             (3) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development.

             (4) The laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions.

             (5) The existence of inadequate streets, open spaces and utilities.

             (6) The existence of lots or other areas which may be submerged.

             (7) Prevalence of depreciated values, impaired investments and social and economic maladjustment to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.

             (8) A growing or total lack of proper utilization of some parts of the area, resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.

             (9) A loss of population and a reduction of proper use of some parts of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.

      (b) “Public agency” means:

             (1) This State or any agency of this State; or

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 112 (Chapter 7, SB 1)ê

 

             (2) Any local government of this State.

      (c) “Rural area” means an area in a county whose population is less than 100,000.

      Sec. 4.  The Commission on Economic Development shall adopt regulations establishing criteria and standards for the eligibility for and use of any grants made pursuant to section 3 of this act.

      Sec. 5.  The Commission on Economic Development shall submit, on or before February 28 of each odd-numbered year, a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. The report must include, without limitation:

      1.  The type and amount of each grant of money made pursuant to section 3 of this act during the previous biennium; and

      2.  The progress of each project for economic development that received a grant of money from the Nevada Economic Development Fund.

      Sec. 6.  1.  There is hereby appropriated from the State General Fund to the Nevada Economic Development Fund created pursuant to section 2 of this act the sum of:

      (a) For the purpose of making grants of money for economic development in a rural area pursuant to section 3 of this act, $3,000,000.

      (b) For the purpose of making grants of money for economic development in a blighted urban area pursuant to section 3 of this act, $500,000.

      2.  As used in this section:

      (a) “Blighted urban area” has the meaning ascribed to it in paragraph (a) of subsection 4 of section 3 of this act.

      (b) “Rural area” has the meaning ascribed to it in paragraph (c) of subsection 4 of section 3 of this act.

      Sec. 7.  Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commission on Economic Development shall provide and administer grants of money to political subdivisions of the State and to local or regional organizations for economic development to assist projects of economic diversification in counties:

      (a) Whose economies are subject to dramatic fluctuations because of their dependence on mining; and

      (b) That do not qualify for funding from the Economic Development Administration of the United States Department of Commerce.

      2.  The Commission shall establish eligibility criteria for recipients and may require a recipient to provide matching funds.

      3.  A recipient of a grant may use the money only to assist projects of economic diversification, including, without limitation:

      (a) Analysis of industrial property;

      (b) Feasibility studies;

      (c) Construction of industrial park infrastructure; and

      (d) Purchase of publicly owned industrial property.

      Sec. 8.  NRS 231.020 is hereby amended to read as follows:

      231.020  As used in NRS 231.020 to 231.139, inclusive, and section 7 of this act, unless the context otherwise requires, “motion pictures” includes feature films, movies made for broadcast on television and programs made for broadcast on television in episodes.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 113 (Chapter 7, SB 1)ê

 

      Sec. 9.  1.  There is hereby appropriated from the State General Fund to the Commission on Economic Development for the purposes set forth in section 7 of this act:

For the Fiscal Year 2005-2006..................................................... $500,000

For the Fiscal Year 2006-2007..................................................... $500,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 10.  Chapter 412 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created the Nevada War on Terrorism Medal.

      2.  The Office shall award the Nevada War on Terrorism Medal to:

      (a) A member of the Reserves who is a resident of this State or a member of the Nevada National Guard who:

             (1) Is called into active duty in the Armed Forces of the United States on or after September 11, 2001, in support of the global war on terrorism; and

             (2) Serves on state active duty status or pursuant to Title 10 or 32 of U.S.C.

      (b) A civilian employee of a state or local governmental agency or the Nevada National Guard who, during the course of his employment, provides services in support of the global war on terrorism and who qualifies for the medal pursuant to criteria established by the Office pursuant to subsection 3.

      3.  The Office shall:

      (a) Establish a suitable design for the medal, including a ribbon, badge or other insignia to be worn with or in place of the medal.

      (b) Procure the manufacture of the medal, ribbon, badge or other insignia.

      (c) If the recipient is a member of the Nevada National Guard, ensure that award of the medal is properly reflected in the service records of the recipient.

      (d) Establish procedures to identify members of the Reserves entitled to award of the medal.

      (e) Adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

             (1) Rules for wearing the medal, ribbon, badge or other insignia with the uniform of the Nevada National Guard;

             (2) Provisions for the posthumous award of a medal; and

             (3) Criteria for determining those persons who are entitled to an award of the medal.

      4.  As used in this section, “Reserves” means the Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine Reserve and Navy Reserve.

      Sec. 11.  1.  There is hereby appropriated from the State General Fund to the Department of the Military, the sum of $81,900 for expenses relating to the manufacture and issuance of the Nevada War on Terrorism Medal.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 114 (Chapter 7, SB 1)ê

 

      Sec. 12.  1.  There is hereby appropriated from the State General Fund to the Office of Veterans’ Services, created by NRS 417.020, the sum of $300,000 for expenses relating to the establishment and operation of an Office of Coordinator of Services for Veterans created jointly pursuant to NRS 244.401 by Nye and Esmeralda Counties.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 13.  There is hereby appropriated from the State General Fund to the Trust Fund for the Education of Dependent Children, created by NRS 396.545, the sum of $50,000.

      Sec. 14.  1.  There is hereby appropriated from the State General Fund to the City of Fernley the sum of $140,000 for construction of a road into the Northern Nevada Veterans’ Memorial Cemetery, designated the “Mission Way Project.”

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 15.  1.  There is hereby appropriated from the State General Fund to the Nevada Alliance of Boys and Girls Clubs, Inc., the sum of $1,500,000 for the establishment and operation of a SMART Moves program by the Boys and Girls Clubs operating in this State.

      2.  A Boys and Girls Club operating in this State may apply to the Nevada Alliance of Boys and Girls Clubs, Inc., for a grant of money from the appropriation made by subsection 1. The application must include proof satisfactory to the Nevada Alliance that the applicant has obtained equal matching money, other than money from this State, for the establishment and operation of a SMART Moves program, including, without limitation, money from local governmental agencies, community organizations, the private sector and the federal government. Facilities and office space may not be used to satisfy the match required by this subsection. In-kind matches must account for not more than 25 percent of the match required by this subsection.

      3.  A Boys and Girls Club that receives a grant shall use the money to establish and operate a SMART Moves program that is designed to teach persons who are 6 to 18 years of age and who are from disadvantaged circumstances the skills necessary to resist drugs and alcohol, with a special emphasis on the harmful effects of methamphetamine and methods to prevent the use of that drug. In addition, the program must include at least two of the following:

      (a) The development of character and leadership to empower young persons to support and influence their community, develop a positive self-image, participate in the democratic process and respect cultural differences.

      (b) The development of positive health and life skills to assist young persons with the capacity to engage in positive behavior, set goals and live successfully as self-sufficient adults.

      (c) Appreciation of the arts to enable young persons to develop their creativity and cultural awareness through knowledge and appreciation of the visual arts, crafts, performing arts and creative writing.

      (d) Participation in sports and recreation to develop fitness, make positive use of leisure time, develop appreciation for the environment and develop team skills, life skills and social skills.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 115 (Chapter 7, SB 1)ê

 

      4.  A Boys and Girls Club that receives a grant of money from the appropriation made by subsection 1 shall expend not more than 15 percent of the money for the costs of developing a SMART Moves program and other costs associated with the start-up of the program. Money provided for start-up costs must not be in addition to the total amount of a grant awarded to an applicant. After the development and start-up of a SMART Moves program, the Boys and Girls Club operating that program shall expend:

      (a) Not more than 10 percent of the money for the administrative costs associated with operating the program.

      (b) At least 90 percent of the money for direct services to the young persons who participate in the program.

      5.  If required by law, all personnel and volunteers who assist with a SMART Moves program operated by a Boys and Girls Club shall undergo the appropriate health screening and submit fingerprints for criminal background checks.

      6.  The Department of Human Resources shall develop the:

      (a) Procedures for allocation of grants of money by the Nevada Alliance of Boys and Girls Club, Inc., including procedures for the reimbursement of start-up costs of a SMART Moves program.

      (b) Requirements for evaluation and reporting by a Boys and Girls Club that receives a grant of money.

      7.  Upon acceptance of the money appropriated by subsection 1, the Nevada Alliance of Boys and Girls Clubs, Inc., agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Alliance of Boys and Girls Clubs, Inc., through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      8.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 16.  1.  There is hereby appropriated from the State General Fund to the Division of State Library and Archives of the Department of Cultural Affairs the sum of $50,000 for the operation of bookmobiles in rural counties.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 17.  1.  There is hereby appropriated from the State General Fund to the Chancellor’s Office of the Nevada System of Higher Education the sum of $300,000 for certain expenses relating to the continuation of the Pediatric Dentistry Residency Program.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 18.  1.  There is hereby appropriated from the State General Fund to the Division of State Library and Archives of the Department of Cultural Affairs for distribution to the Nevada Public Radio Corporation and KLVX Communications Group the sum of $200,000.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 116 (Chapter 7, SB 1)ê

 

Affairs for distribution to the Nevada Public Radio Corporation and KLVX Communications Group the sum of $200,000.

      2.  The Division of State Library and Archives shall distribute $100,000 of the appropriation made by subsection 1 to the Nevada Public Radio Corporation for the operation of its Radio Reading Service which is a closed-circuit communication system that provides timely local information to blind and other print-impaired Nevadans in the Las Vegas area, as well as in Reno, Carson City, Elko, Ely and Tonopah. The Nevada Public Radio Corporation:

      (a) May use the money distributed pursuant to this subsection to pay for satellite fees, insurance, the repair and purchase of receivers, site rental fees, engineering fees and all other legitimate expenses directly relating to the provision and expansion of this service.

      (b) Shall provide a report of the expenditure of the money distributed pursuant to this subsection to the State Library and Archives Administrator on or before June 30, 2007.

      3.  The Division of State Library and Archives shall distribute $100,000 of the appropriation made by subsection 1 to the KLVX Communications Group for support of the statewide Captioned Media Program for service to deaf persons. KLVX is the sole operator of the Captioned Media Program in Nevada. The KLVX Communications Group:

      (a) May use the money distributed pursuant to this subsection to pay for operating expenses relating to the provision and expansion of this service.

      (b) Shall provide a report of the expenditure of the money distributed pursuant to this subsection to the State Library and Archives Administrator on or before June 30, 2007.

      4.  Any remaining balance of the appropriation made by subsection 1 and distributed pursuant to subsections 2 and 3 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 19.  1.  There is hereby appropriated from the State General Fund to the City of Reno the sum of $5,000,000 to assist with the expenses relating to the construction of the Community Assistance Center.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 20.  1.  There is hereby appropriated from the State General Fund to the Nevada Cancer Institute the sums of:

For the Fiscal Year 2005-2006................................................. $5,000,000

For the Fiscal Year 2006-2007................................................. $5,000,000

      2.  The money appropriated by subsection 1 must be used:

      (a) To fund researcher “start-up” packages and to purchase equipment needed for each recruit’s research; and

      (b) For cancer research, education and outreach to define needs and implement preventative health strategies.

      3.  Upon acceptance of the money appropriated by subsection 1, the Nevada Cancer Institute agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 117 (Chapter 7, SB 1)ê

 

records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      4.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 21.  1.  There is hereby appropriated from the State General Fund to the Nevada Cancer Institute the sum of $150,000 to conduct a pain management study.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Cancer Institute agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 22.  1.  There is hereby appropriated from the State General Fund to White Pine County the sum of $2,200,000 for the construction of a regional juvenile detention facility in Ely, Nevada, that would serve White Pine, Eureka and Lincoln counties.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 23.  1.  There is hereby appropriated from the State General Fund to the State Department of Agriculture the sum of $50,000 to develop and provide technical assistance to farmers’ markets in Nevada.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 24.  The Legislature hereby authorizes the Department of Transportation to conduct a study to identify sustaining funding sources for the Fund for Aviation, created by NRS 494.048, and report to the 74th Session of the Nevada Legislature with their recommendations. The study should also include a summary of the needs of rural airports, including, but not limited to, conditions of runways, lights for night operations, runway markings, available restrooms and telephones. The study committee should consist of airport and aviation professionals, Department of Transportation staff and Department of Taxation staff.

      Sec. 25.  1.  There is hereby appropriated from the State General Fund to the Fund for Aviation, created by NRS 494.048, the sum of $500,000 for enlargement, improvement or maintenance of rural airports, landing areas or air navigation facilities in Nevada.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 118 (Chapter 7, SB 1)ê

 

      2.  The money appropriated by subsection 1 must be used by rural airports to match money that is available from the Federal Aviation Administration.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 26.  1.  There is hereby appropriated from the State General Fund to the Center for Basque Studies at the University of Nevada, Reno, for creation of a Basque Genealogy Center, including the establishment of a biographical database and a publication series, and the formation of a group of experts to assist with genealogy research:

For the Fiscal Year 2005-2006..................................................... $135,500

For the Fiscal Year 2006-2007..................................................... $114,500

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 27.  1.  There is hereby appropriated from the State General Fund to the Department of Cultural Affairs the sum of $350,000 for expenses relating to the creation of the Nevada Online Encyclopedia.

      2.  The appropriation made by subsection 1 is contingent upon the Department of Cultural Affairs obtaining matching money from the Federal Government or other sources, or both. The Department of Cultural Affairs shall submit proof satisfactory to the State Controller that the matching money has been committed before the money appropriated by subsection 1 may be distributed.

      3.  The Department of Cultural Affairs shall prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes the expenditures made from the money appropriated by subsection 1 from the date on which the money was received by the Department of Cultural Affairs through December 1, 2006.

      4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 28.  1.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $1,546,775 to be allocated as follows:

      (a) For the establishment of a cost share, community-based wildfire threat reduction program, administered by the Nevada Fire Safe Council, to assist in the implementation of the recommended wildfire threat reduction projects as described in the Community Wildfire Protection Plans:

For the Fiscal Year 2005-2006..................................................... $500,000

For the Fiscal Year 2006-2007..................................................... $500,000

      (b) For expenses relating to the general operating expenditures of the Nevada Fire Safe Council:

For the Fiscal Year 2005-2006..................................................... $241,782

For the Fiscal Year 2006-2007..................................................... $304,993

      2.  The Nevada Fire Safe Council shall:

      (a) On or before September 1, 2006, report to the Interim Finance Committee to detail project accomplishments and fund utilization.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 119 (Chapter 7, SB 1)ê

 

      (b) During the 74th Session of the Nevada Legislature, report to the Senate Committee on Finance and the Assembly Committee on Ways and Means to detail project accomplishments and fund utilization.

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 29.  1.  There is hereby appropriated from the State General Fund to the Desert Research Institute the sum of $1,000,000 for the purchase of equipment and services to analyze groundwater yields in arid basins.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 30.  1.  There is hereby appropriated from the State General Fund to Nevada’s Safe Place the sum of $250,000 for the continuation of outreach programs for youth under 21 years of age.

      2.  The money appropriated by subsection 1 must be divided equally between northern Nevada and southern Nevada and may be used only if matching money is provided by corporate donations or from sources other than the appropriation made by subsection 1.

      3.  Upon acceptance of the money appropriated by subsection 1, the administrators of Nevada’s Safe Place programs in northern and southern Nevada agree to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Safe Place program through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated by subsection 1.

      4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 31.  1.  There is hereby appropriated from the State General Fund to VSA arts of Nevada the sum of $350,000 for the restoration of the Lake Mansion in Reno.

      2.  Upon acceptance of the money appropriated by subsection 1, VSA arts of Nevada shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by VSA arts of Nevada through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of VSA arts of Nevada, irrespective of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 120 (Chapter 7, SB 1)ê

 

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 32.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $600,000 for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan as adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for, design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality of the Truckee River. The money must be expended on the following projects but is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.

      2.  The Interim Finance Committee shall allocate the money appropriated pursuant to subsection 1 upon notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.

      3.  Upon acceptance of the money allocated pursuant to subsection 2, the Reno-Sparks Convention and Visitors Authority shall prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through December 1, 2006.

      4.  The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine upon any local governing bodies relating to compliance with the provisions of subsections 2 and 3.

      5.  A public review and approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of any project that uses money allocated pursuant to this section. Project design, construction documents and funding processes related to any such project must be approved by each local governing body having jurisdiction over the project. Each such project must conform to the parameters of the Truckee River Flood Control Project and the Truckee River Operating Agreement.

      6.  Any remaining balance of the sums appropriated pursuant to subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 33.  1.  There is hereby appropriated from the State General Fund to the Department of Cultural Affairs the sum of $371,125 for the purchase of state artifacts for the State Museum system. The money appropriated may not exceed the total allocation and any substantial changes to items purchased must be approved by the Interim Finance Committee. The items to be purchased include:

 

For the Nevada State Railroad Museum at Boulder City to transport the GE 80 ton Center Cab locomotive from the Nevada Test Site to the Boulder City Railroad Museum... $15,000

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 121 (Chapter 7, SB 1)ê

 

For the Nevada Historical Society in Reno to purchase the Grosh Papers  $160,000

For the Nevada State Railroad Museum in Carson City to purchase, transport and cosmetically repair Virginia City Steam Locomotive #1251........................................................ $70,000

For the Nevada State Museum in Carson City to purchase:

The John Falkowski Mining Equipment Model Collection $19,125

The Washoe Basket by Tootsie Dick Sam............................ $25,000

For the Nevada State Museum and Historical Society in Las Vegas to purchase:

A collection of representative Nevada minerals..................... $5,000

Representative specimens of Nevada wildlife, flora and fauna $7,000

Assorted antique slot machines............................................... $10,000

The 1876 Frederick Dellenbaugh painting of Las Vegas Ranch $60,000

 

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 34.  1.  There is hereby appropriated from the State General Fund to the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe Counties the sum of $500,000 for the establishment of a railroad line similar to the former Virginia & Truckee Railroad from Virginia City through the Gold Hill area to Carson City.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 35.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee for distribution to Douglas County for the State’s share of merit increases, holiday pay, utility and food cost increases and the addition of six new full-time employees for the China Spring Youth Camp:

For the Fiscal Year 2005-2006..................................................... $169,833

For the Fiscal Year 2006-2007..................................................... $194,143

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 36.  1.  There is hereby appropriated from the State General Fund to the Department of Administration the sum of $1,000,000 for allocation to Opportunity Village to provide assistance in the construction of a new southwest campus designed to serve additional Nevadans.

      2.  Upon acceptance of the money appropriated by subsection 1, Opportunity Village agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Opportunity Village through December 1, 2006; and

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 122 (Chapter 7, SB 1)ê

 

money appropriated by subsection 1 from the date on which the money was received by Opportunity Village through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 37.  1.  There is hereby appropriated from the State General Fund to the Advisory Council on the State Program for Fitness and Wellness, created pursuant to Senate Bill No. 197 of this session, the sum of $100,000 for the operational costs of the Council.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 38.  1.  There is hereby appropriated from the State General Fund to the Clark County Museum Guild the sum of $150,000 for costs related to moving and repairing the Clark County Museum.

      2.  Upon acceptance of the money appropriated by subsection 1, the Clark County Museum Guild agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Clark County Museum Guild through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 39.  1.  There is hereby appropriated from the State General Fund to the Legislative Counsel Bureau the sum of $250,000 for costs related to hiring a consultant to assist the interim committee appointed by the Legislative Committee to conduct a study to develop a plan for the deconsolidation of the Clark County School District.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 40.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the following sums to continue the contractual services of a consultant to provide brochures for the reporting of test scores of pupils, to provide web-based data and instructional tools to address and improve the performance of pupils on statewide examinations, and to provide related services identified by the Interim Finance Committee:

For the Fiscal Year 2005-2006................................................. $1,400,000

For the Fiscal Year 2006-2007................................................. $1,400,000

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 123 (Chapter 7, SB 1)ê

 

      2.  The consultant shall provide brochures for the reporting of test scores of pupils and provide web-based data and instructional tools to address and improve the performance of pupils for the:

      (a) Norm-referenced examinations in grades 4, 7 and 10;

      (b) Initial administration of the high school proficiency examination to pupils in grade 10;

      (c) Criterion-referenced examinations in each grade for grades 3 to 8, inclusive; and

      (d) Writing examination in grades 5, 8 and 11.

      3.  The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 41.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,000,000 for allocation to the Department of Taxation for costs incurred by the Department of Taxation or other governmental entities, or both, relating to the implementation of Assembly Bill No. 489 or Senate Bill No. 509 of the 73rd Session of the Nevada Legislature.

      2.  A request for an allocation must be submitted to the State Board of Examiners by the Department of Taxation. The State Board of Examiners shall consider the request, may require from the requester such additional information as they deem appropriate, and shall, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 42.  The appropriations made by the provisions of this act are not intended to finance ongoing expenditures of state agencies and the expenditures financed with those appropriations must not be included as base budget expenditures in the proposed budget for the Executive Branch of State Government for the 2007-2009 biennium.

      Sec. 43.  1.  This section and sections 17, 18, 19, 22, 27, 29 to 34, inclusive, and 36 to 38, inclusive, 41 and 42 of this act become effective upon passage and approval.

      2.  Sections 1 to 16, inclusive, 20, 21, 23 to 26, inclusive, 28, 35, 39 and 40 of this act become effective on July 1, 2005.

      3.  Policy changes implemented in this act may be continued to the extent that money is available from the State or Federal Government or other sources.

________

 

CHAPTER 8, SB 2

Senate Bill No. 2–Committee of the Whole

 

CHAPTER 8

 

AN ACT relating to making an appropriation to the Department of Administration for security enhancements in the Attorney General’s Office, the Capitol Building and the Supreme Court Building; and providing other matters properly relating thereto.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 124 (Chapter 8, SB 2)ê

 

Office, the Capitol Building and the Supreme Court Building; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Administration the sum of $433,550 for security enhancements in the Attorney General’s Office, the Capitol Building and the Supreme Court Building.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 9, SB 3

Senate Bill No. 3–Committee of the Whole

 

CHAPTER 9

 

AN ACT relating to state financial administration; making various changes regarding the applicability and administration of the requirements for a state business license, certain taxes imposed on businesses and the tax on live entertainment; establishing annual salaries for the Chairman and other members of the Nevada Tax Commission; making various changes regarding the Taxpayers’ Bill of Rights; providing a Taxpayers’ Bill of Rights for Taxes on Fuels; making appropriations; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  “Exhibition” means a trade show or convention, craft show, sporting event or any other similar event involving the exhibition of property, products, goods, services or athletic or physical skill.

      Sec. 3.  “State business license” means the business license required pursuant to NRS 360.780.

      Sec. 4.  1.  A natural person is not required to obtain more than one state business license for any combination of activities conducted by that person which are reported to the Internal Revenue Service for any federal tax year on two or more of the forms described in paragraph (b) of subsection 1 of NRS 360.765.

      2.  As used in this section, “federal tax year” means any period of 12 months for which a person is required to report income, tax deductions and tax credits pursuant to the provisions of the Internal Revenue Code and any regulations adopted pursuant thereto.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 125 (Chapter 9, SB 3)ê

 

      Sec. 5.  1.  Except as otherwise provided in subsection 2, a person who has been issued a state business license shall submit a fee of $100 to the Department on or before:

      (a) The last day of the month in which the anniversary date of issuance of the state business license occurs in each year; or

      (b) Such other annual date as the Department and person may mutually agree,

Ê unless the person submits a written statement to the Department, at least 10 days before that date, indicating that the person will not be conducting business in this State after that date.

      2.  The Department may reduce the amount of any initial fee required pursuant to paragraph (b) of subsection 1 to allow credit for the remaining portion of a year for which the fee has been paid for the state business license pursuant to paragraph (a) of subsection 1 or NRS 360.780.

      3.  A person who fails to submit the annual fee required pursuant to this section in a timely manner shall pay a penalty in the amount of $100 in addition to the annual fee.

      Sec. 6.  1.  A person or governmental entity that operates a facility at which one or more exhibitions are held is responsible for the payment of a licensing fee pursuant to this section on behalf of the persons who do not have a state business license but who take part in the exhibition for a purpose related to the conduct of a business.

      2.  The operator of the facility shall pay the licensing fee required by subsection 1 either:

      (a) On an annual basis by remitting to the Department the sum of $5,000 on or before July 1 for all the exhibitions held at that facility during the fiscal year beginning on that day; or

      (b) On a quarterly basis by remitting to the Department an amount equal to the product of the total number of businesses taking part in each exhibition at the facility during a calendar quarter who do not have a state business license multiplied by the number of days on which the exhibition is held at the facility during the calendar quarter, multiplied in turn by $1.25 for each exhibition held at the facility during the calendar quarter.

      3.  If the operator of a facility at which an exhibition is held has not paid the licensing fee as provided in paragraph (a) of subsection 2, the operator of the facility shall, on or before the last day of each calendar quarter in which an exhibition is held at that facility, remit to the Department the licensing fee in the amount required by paragraph (b) of subsection 2 for all the exhibitions held at that facility during that calendar quarter.

      4.  The licensing fees due pursuant to this section must be calculated, reported and paid separately from any other fees due from the operator of the facility pursuant to this chapter.

      5.  The Nevada Tax Commission shall adopt such regulations as it deems necessary to carry out the provisions of this section.

      Sec. 7.  NRS 360.050 is hereby amended to read as follows:

      360.050  1.  [Each] The Chairman of the Nevada Tax Commission is entitled to receive an annual salary of $27,500.

      2.  Except as otherwise provided in NRS 360.010, each of the other commissioners is entitled to receive [a salary of not more than $80, as fixed by the Commission, for each day actually employed on the work of the Commission.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 126 (Chapter 9, SB 3)ê

 

      2.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.] an annual salary of $20,000.

      Sec. 8.  NRS 360.291 is hereby amended to read as follows:

      360.291  1.  The Legislature hereby declares that each taxpayer has the right:

      (a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.

      (b) To a prompt response from the Department to each communication from the taxpayer.

      (c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.

      (d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.

      (e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.

      (f) To written instructions indicating how the taxpayer may petition for:

             (1) An adjustment of an assessment;

             (2) A refund or credit for overpayment of taxes, interest or penalties; or

             (3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of this title that are administered by the Department.

      (g) Except as otherwise provided in NRS 361.485, to recover an overpayment of taxes promptly upon the final determination of such an overpayment.

      (h) To obtain specific advice from the Department concerning taxes imposed by the State.

      (i) In any meeting with the Department, including an audit, conference, interview or hearing:

             (1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayer’s rights thereunder;

             (2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the Department;

             (3) To make an audio recording using the taxpayer’s own equipment and at the taxpayer’s own expense; and

             (4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.

      (j) To a full explanation of the Department’s authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.

      (k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:

             (1) The tax is paid;

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, 22nd Special Session, Page 127 (Chapter 9, SB 3)ê

 

             (2) The period of limitation for collecting the tax expires;

             (3) The lien is the result of an error by the Department;

             (4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;

             (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;

             (6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or

             (7) The Department determines that the lien is creating an economic hardship.

      (l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of this title by the Department in accordance with applicable statutes and regulations.

      (m) To be free from investigation and surveillance by an officer, agent or employee of the Department for any purpose that is not directly related to the administration of the [provisions of this title that are] taxes administered by the Department.

      (n) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.

      (o) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.

      2.  The provisions of this title , NRS 244A.820, 244A.870, 482.313 and 482.315 and title 57 of NRS governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

      3.  The provisions of this section apply to any tax administered and collected by the Department pursuant to the provisions of this title [or any applicable regulations by the Department.] , NRS 244A.820, 244A.870, 482.313 and 482.315 and title 57 of NRS and any regulations adopted by the Department relating thereto.

      Sec. 9.  NRS 360.292 is hereby amended to read as follows:

      360.292  The Executive Director shall cause:

      1.  To be prepared in simple nontechnical terms a pamphlet setting forth the Taxpayers’ Bill of Rights and a description of the regulations adopted by the Department pursuant to NRS 360.2915.

      2.  A copy of the pamphlet to be [distributed:

      (a) To each taxpayer on record with the Department and to any other person upon request; and

      (b) With] :

      (a) Posted on an Internet website maintained by the Department;

      (b) Made available to any person upon request at the offices of the Department and the Department of Motor Vehicles, and public libraries in each county of this State; and

      (c) Distributed with each notice to a taxpayer that an audit will be conducted by the Department.

      Sec. 10.  NRS 360.760 is hereby amended to read as follows:

      360.760  As used in NRS 360.760 to 360.795, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 360.765 [, 360.770] and 360.775 and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

 


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and terms defined in NRS 360.765 [, 360.770] and 360.775 and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 11.  NRS 360.765 is hereby amended to read as follows:

      360.765  1.  [“Business” includes:

      (a) A corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust and their equivalents organized under the laws of this State or another jurisdiction and any other person that conducts an activity] Except as otherwise provided in subsection 2, “business” means:

      (a) Any person, except a natural person, that performs a service or engages in a trade for profit; [and

      (b) The activities of a] or

      (b) Any natural person [which are deemed to be a business pursuant to NRS 360.785.] who performs a service or engages in a trade for profit if the person is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss From Business Form, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss Form, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss From Farming Form, or its equivalent or successor form, for that activity.

      2.  The term does not include:

      (a) A governmental entity.

      (b) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (c) A person who operates a business from his home and [earns] whose net earnings from that business are not more than 66 2/3 percent of the average annual wage, as computed for the preceding calendar year pursuant to chapter 612 of NRS and rounded to the nearest hundred dollars.

      (d) A natural person whose sole business is the rental of four or fewer dwelling units to others.

      (e) A business whose primary purpose is to create or produce motion pictures. As used in this paragraph, “motion pictures” has the meaning ascribed to it in NRS 231.020.

      Sec. 12.  NRS 360.780 is hereby amended to read as follows:

      360.780  1.  Except as otherwise provided in subsection [8,] 7, a person shall not conduct a business in this State unless he has a state business license issued by the Department.

      2.  An application for a state business license must:

      (a) Be made upon a form prescribed by the Department;

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;

      (c) [Declare the estimated number of employees for the previous calendar quarter;

      (d)] Be accompanied by a fee of $100; and

      [(e)] (d) Include any other information that the Department deems necessary.

      3.  The application must be signed by:

      (a) The owner, if the business is owned by a natural person;

      (b) A member or partner, if the business is owned by an association or partnership; or

      (c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.

 


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      4.  If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signer’s authority must be attached to the application.

      5.  [A person who has been issued a business license by the Department shall submit a fee of $100 to the Department on or before the last day of the month in which the anniversary date of issuance of the business license occurs in each year, unless the person submits a written statement to the Department, at least 10 days before the anniversary date, indicating that the person will not be conducting business in this State after the anniversary date. A person who fails to submit the annual fee required pursuant to this subsection in a timely manner shall pay a penalty in the amount of $100 in addition to the annual fee.

      6.]  The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

      [7.] 6.  For the purposes of NRS 360.760 to 360.795, inclusive, and sections 2 to 6, inclusive, of this act, a person shall be deemed to conduct a business in this State if a business for which the person is responsible:

      (a) Is organized pursuant to title 7 of NRS, other than a business organized pursuant to chapter 82 or 84 of NRS;

      (b) Has an office or other base of operations in this State; or

      (c) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he is paid.

      [8.] 7.  A person who takes part in [a trade show or convention] an exhibition held in this State for a purpose related to the conduct of a business is not required to obtain a state business license specifically for that event [.] if the operator of the facility where the exhibition is held pays the licensing fee on behalf of that person pursuant to section 6 of this act.

      Sec. 13.  NRS 360.795 is hereby amended to read as follows:

      360.795  1.  Except as otherwise provided in this section and NRS 360.250, the records and files of the Department concerning the administration of NRS 360.760 to 360.795, inclusive, and sections 2 to 6, inclusive, of this act, are confidential and privileged. The Department, and any employee of the Department engaged in the administration of NRS 360.760 to 360.795, inclusive, and sections 2 to 6, inclusive, of this act, or charged with the custody of any such records or files, shall not disclose any information obtained from those records or files. Neither the Department nor any employee of the Department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the Department concerning the administration of NRS 360.760 to 360.795, inclusive, and sections 2 to 6, inclusive, of this act, are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a person in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a person or his authorized representative of a copy of any document filed by the person pursuant to NRS 360.760 to 360.795, inclusive [.] , and sections 2 to 6, inclusive, of this act.

 


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      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

      (e) Disclosure in confidence to the Governor or his agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      (f) Exchanges of information pursuant to subsection 3.

      (g) Disclosure of information concerning whether or not a person conducting a business in this State has a state business license . [issued by the Department pursuant to NRS 360.780.]

      3.  The Nevada Tax Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      4.  The Executive Director shall periodically, as he deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which he has a record. The list must include the mailing address of the business [and the approximate number of employees of the business] as reported to the Department.

      Sec. 14.  Chapter 360A of NRS is hereby amended by adding thereto the provisions set forth as sections 15, 16 and 17 of this act.

      Sec. 15.  Section 16 of this act may be cited as the Taxpayers’ Bill of Rights for Taxes on Fuels.

      Sec. 16.  1.  The Legislature hereby declares that each taxpayer has the right:

      (a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.

      (b) To a prompt response from the Department to each communication from the taxpayer.

      (c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.

      (d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.

      (e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.

      (f) To written instructions indicating how the taxpayer may petition for:

             (1) An adjustment of an assessment;

             (2) A refund or credit for overpayment of taxes, interest or penalties; or

             (3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of chapters 365 and 366 of NRS.

 


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      (g) To recover an overpayment of taxes promptly upon the final determination of such an overpayment.

      (h) To obtain specific advice from the Department concerning the taxes imposed pursuant to chapters 365, 366 and 373 of NRS.

      (i) In any meeting with the Department, including an audit, conference, interview or hearing:

             (1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayer’s rights thereunder;

             (2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the Department;

             (3) To make an audio recording using the taxpayer’s own equipment and at the taxpayer’s own expense; and

             (4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.

      (j) To a full explanation of the authority of the Department to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.

      (k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:

             (1) The tax is paid;

             (2) The period of limitation for collecting the tax expires;

             (3) The lien is the result of an error by the Department;

             (4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;

             (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;

             (6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or

             (7) The Department determines that the lien is creating an economic hardship.

      (l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of chapters 365 and 366 of NRS by the Department in accordance with applicable statutes and regulations.

      (m) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.

      (n) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.

      2.  The provisions of chapters 365, 366 and 373 of NRS governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

      3.  The provisions of this section apply to all taxes administered and collected by the Department pursuant to the provisions of chapters 365, 366 and 373 of NRS and any regulations adopted by the Department relating thereto.

 


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366 and 373 of NRS and any regulations adopted by the Department relating thereto.

      Sec. 17.  The Director of the Department shall cause:

      1.  To be prepared in simple nontechnical terms a pamphlet setting forth the Taxpayers’ Bill of Rights for Taxes on Fuels and a description of the regulations relating thereto adopted by the Department pursuant to NRS 360A.020.

      2.  A copy of the pamphlet to be:

      (a) Posted on an Internet website maintained by the Department;

      (b) Made available to any person upon request at the offices of the Department and the Department of Taxation, and public libraries in each county of this State; and

      (c) Distributed with each notice to a taxpayer that an audit will be conducted by the Department.

      Sec. 18.  Chapter 363A of NRS is hereby amended by adding thereto the provisions set forth as sections 19 and 20 of this act.

      Sec. 19.  “Business activity” means the performance of a service or engagement in a trade for profit.

      Sec. 20.  1.  Except as otherwise provided in subsection 2, an employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to NRS 363A.130 any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:

      (a) For a self-insured employer, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.

      (b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for employees.

      (c) Any amounts which are:

             (1) Paid by an employer to a Taft-Hartley trust which:

                   (I) Is formed pursuant to 29 U.S.C. § 186(c)(5); and

                   (II) Qualifies as an employee welfare benefit plan; and

             (2) Considered by the Internal Revenue Service to be fully tax deductible pursuant to the provisions of the Internal Revenue Code.

      (d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.

      2.  An employer may not deduct from the wages upon which the excise tax is imposed pursuant to NRS 363A.130:

      (a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or

      (b) Any payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such health care or insurance.

      3.  If the amount of the deduction allowed pursuant to this section to an employer for a calendar quarter exceeds the amount of reported wages for that calendar quarter, the excess amount of that deduction may be carried forward to the following calendar quarter until the deduction is exhausted.

 


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for that calendar quarter, the excess amount of that deduction may be carried forward to the following calendar quarter until the deduction is exhausted. An employer claiming the deduction allowed pursuant to this section shall, upon the request of the Department, explain the amount claimed to the satisfaction of the Department and provide the Department with such documentation as the Department deems appropriate for that purpose.

      4.  As used in this section:

      (a) “Claims” means claims for those categories of health care expenses that are generally deductible by employees on their individual federal income tax returns pursuant to the provisions of 26 U.S.C. § 213 and any federal regulations relating thereto, if those expenses had been borne directly by those employees.

      (b) “Direct administrative services costs” means, if borne directly by a self-insured employer and reasonably allocated to the direct administration of claims:

             (1) Payments for medical or office supplies that will be consumed in the course of the provision of medical care or the direct administration of claims;

             (2) Payments to third-party administrators or independent contractors for the provision of medical care or the direct administration of claims;

             (3) Rent and utility payments for the maintenance of medical or office space used for the provision of medical care or the direct administration of claims;

             (4) Payments for the maintenance, repair and upkeep of medical or office space used for the provision of medical care or the direct administration of claims;

             (5) Salaries and wages paid to medical, clerical and administrative staff and other personnel employed to provide medical care or directly to administer claims; and

             (6) The depreciation of property other than medical or office supplies, used for the provision of medical care or the direct administration of claims.

      (c) “Employee welfare benefit plan” has the meaning ascribed to it in 29 U.S.C. § 1002.

      (d) “Employees” means employees whose wages are included within the measure of the excise tax imposed upon an employer by NRS 363A.130, and their spouses, children and other dependents who qualify for coverage under the terms of the health insurance or health benefit plan provided by that employer.

      (e) “Health benefit plan” means a health benefit plan that covers only those categories of health care expenses that are generally deductible by employees on their individual federal income tax returns pursuant to the provisions of 26 U.S.C. § 213 and any federal regulations relating thereto, if those expenses had been borne directly by those employees.

      (f) “Self-insured employer” means an employer that provides a program of self-insurance for its employees.

      Sec. 21.  NRS 363A.010 is hereby amended to read as follows:

      363A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 363A.020 to 363A.060, inclusive, and section 19 of this act have the meanings ascribed to them in those sections.

 


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inclusive, and section 19 of this act have the meanings ascribed to them in those sections.

      Sec. 22.  NRS 363A.030 is hereby amended to read as follows:

      363A.030  “Employer” means any financial institution who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter [,] with respect to any business activity of the financial institution, except an Indian tribe, a nonprofit organization or a political subdivision. For the purposes of this section:

      1.  “Indian tribe” includes any entity described in subsection 10 of NRS 612.055.

      2.  “Nonprofit organization” means a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      3.  “Political subdivision” means any entity described in subsection 9 of NRS 612.055.

      Sec. 23.  NRS 363A.050 is hereby amended to read as follows:

      363A.050  1.  Except as otherwise provided in subsection 2, “financial institution” means:

      (a) An institution licensed, registered or otherwise authorized to do business in this State pursuant to the provisions of chapter 604, 645B, 645E or 649 of NRS or title 55 or 56 of NRS, or a similar institution chartered or licensed pursuant to federal law and doing business in this State;

      (b) Any person primarily engaged in:

             (1) The purchase, sale and brokerage of securities;

             (2) Originating, underwriting and distributing issues of securities;

             (3) Buying and selling commodity contracts on either a spot or future basis for the person’s own account or for the account of others, if the person is a member or is associated with a member of a recognized commodity exchange;

             (4) Furnishing space and other facilities to members for the purpose of buying, selling or otherwise trading in stocks, stock options, bonds or commodity contracts;

             (5) Furnishing investment information and advice to others concerning securities on a contract or fee basis;

             (6) Furnishing services to holders of or brokers or dealers in securities or commodities;

             (7) Holding or owning the securities of banks for the sole purpose of exercising some degree of control over the activities of the banks whose securities the person holds;

             (8) Holding or owning securities of companies other than banks, for the sole purpose of exercising some degree of control over the activities of the companies whose securities the person holds;

             (9) Issuing shares, other than unit investment trusts and face-amount certificate companies, whose shares contain a provision requiring redemption by the company upon request of the holder of the security;

             (10) Issuing shares, other than unit investment trusts and face-amount certificate companies, whose shares contain no provision requiring redemption by the company upon request by the holder of the security;

             (11) Issuing unit investment trusts or face-amount certificates;

             (12) The management of the money of trusts and foundations organized for religious, educational, charitable or nonprofit research purposes;

 


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             (13) The management of the money of trusts and foundations organized for purposes other than religious, educational, charitable or nonprofit research;

             (14) Investing in oil and gas royalties or leases, or fractional interests therein;

             (15) Owning or leasing franchises, patents and copyrights which the person in turn licenses others to use;

             (16) Closed-end investments in real estate or related mortgage assets operating in such a manner as to meet the requirements of the Real Estate Investment Trust Act of 1960, as amended;

             (17) Investing; or

             (18) Any combination of the activities described in this paragraph,

Ê who is [doing] conducting a business activity in this State;

      (c) Any other person conducting loan or credit card processing activities in this State; and

      (d) Any other bank, bank holding company, national bank, savings association, federal savings bank, trust company, credit union, building and loan association, investment company, registered broker or dealer in securities or commodities, finance company, dealer in commercial paper or other business entity engaged in the business of lending money, providing credit, securitizing receivables or fleet leasing, or any related business entity, [doing] conducting a business activity in this State.

      2.  The term does not include a credit union organized under the provisions of chapter 678 of NRS or the Federal Credit Union Act.

      Sec. 24.  NRS 363A.120 is hereby amended to read as follows:

      363A.120  1.  There is hereby imposed an excise tax on each bank at the rate of $1,750 for each branch office maintained by the bank in this State in excess of one branch office maintained by the bank in each county in this State on the first day of each calendar quarter.

      2.  Each bank that maintains more than one branch office in any county in this State on the first day of a calendar quarter shall, on or before the last day of the first month of that calendar quarter:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this section for the branch offices maintained by the bank in this State on the first day of that calendar quarter.

      3.  For the purposes of this section:

      (a) “Bank” means:

             (1) A corporation or limited-liability company that is chartered by this State, another state or the United States which conducts banking or banking and trust business; or

             (2) A foreign bank licensed pursuant to chapter 666A of NRS.

Ê The term does not include a financial institution engaging in business pursuant to chapter 677 of NRS , [or] a credit union organized under the provisions of chapter 678 of NRS or the Federal Credit Union Act [.] , or any person or other entity this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) “Branch office” means any location or facility of a bank where deposit accounts are opened, deposits are accepted, checks are paid and loans are granted, including, but not limited to, a brick and mortar location, a detached or attached drive-in facility, a seasonal office, an office on a military base or government installation, a station or unit for paying and receiving, and a location where a customer can open accounts, make deposits and borrow money by telephone or through use of the Internet, and excluding any automated teller machines, consumer credit offices, contractural offices, customer bank communication terminals, electronic fund transfer units and loan production offices.

 


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detached or attached drive-in facility, a seasonal office, an office on a military base or government installation, a station or unit for paying and receiving, and a location where a customer can open accounts, make deposits and borrow money by telephone or through use of the Internet, and excluding any automated teller machines, consumer credit offices, contractural offices, customer bank communication terminals, electronic fund transfer units and loan production offices.

      Sec. 25.  NRS 363A.130 is hereby amended to read as follows:

      363A.130  1.  There is hereby imposed an excise tax on each employer at the rate of 2 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment [.] in connection with the business activities of the employer.

      2.  The tax imposed by this section [must] :

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department [:

             (1) A] a return on a form prescribed by the Department; and

             [(2) A copy of any report required by the Employment Security Division of the Department of Employment, Training and Rehabilitation for determining the amount of the contribution required pursuant to NRS 612.535 for any wages paid by the employer during that calendar quarter; and]

      (b) Remit to the Department any tax due pursuant to this section for that calendar quarter.

      [4.  Except as otherwise provided in subsection 5, an employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to this section any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:

      (a) For an employer providing a program of self-insurance for its employees, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.

      (b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for its employees.

      (c) Any amounts paid by an employer to a Taft-Hartley trust formed pursuant to 29 U.S.C. § 186(c)(5) for participation in an employee welfare benefit plan.

      (d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.

 


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      5.  An employer may not deduct from the wages upon which the excise tax is imposed pursuant to this section:

      (a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or

      (b) Any payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such care or insurance.

      6.  An employer claiming the deduction allowed pursuant to subsection 4 shall submit with the return filed pursuant to subsection 3 proof of the amount paid in the calendar quarter that qualifies for the deduction. If the amount of the deduction exceeds the amount of reported wages, the excess amount may be carried forward to the following calendar quarter until the deduction is exhausted.

      7.  As used in this section, “employee welfare benefit plan” has the meaning ascribed to it in 29 U.S.C. § 1002.]

      Sec. 26.  Chapter 363B of NRS is hereby amended by adding thereto the provisions set forth as sections 27 and 28 of this act.

      Sec. 27.  “Business activity” means the performance of a service or engagement in a trade for profit.

      Sec. 28.  1.  Except as otherwise provided in subsection 2, an employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to NRS 363B.110 any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:

      (a) For a self-insured employer, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.

      (b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for employees.

      (c) Any amounts which are:

             (1) Paid by an employer to a Taft-Hartley trust which:

                   (I) Is formed pursuant to 29 U.S.C. § 186(c)(5); and

                   (II) Qualifies as an employee welfare benefit plan; and

             (2) Considered by the Internal Revenue Service to be fully tax deductible pursuant to the provisions of the Internal Revenue Code.

      (d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.

      2.  An employer may not deduct from the wages upon which the excise tax is imposed pursuant to NRS 363B.110:

      (a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or

      (b) Any payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such health care or insurance.

 


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      3.  If the amount of the deduction allowed pursuant to this section to an employer for a calendar quarter exceeds the amount of reported wages for that calendar quarter, the excess amount of that deduction may be carried forward to the following calendar quarter until the deduction is exhausted. An employer claiming the deduction allowed pursuant to this section shall, upon the request of the Department, explain the amount claimed to the satisfaction of the Department and provide the Department with such documentation as the Department deems appropriate for that purpose.

      4.  As used in this section:

      (a) “Claims” means claims for those categories of health care expenses that are generally deductible by employees on their individual federal income tax returns pursuant to the provisions of 26 U.S.C. § 213 and any federal regulations relating thereto, if those expenses had been borne directly by those employees.

      (b) “Direct administrative services costs” means, if borne directly by a self-insured employer and reasonably allocated to the direct administration of claims:

             (1) Payments for medical or office supplies that will be consumed in the course of the provision of medical care or the direct administration of claims;

             (2) Payments to third-party administrators or independent contractors for the provision of medical care or the direct administration of claims;

             (3) Rent and utility payments for the maintenance of medical or office space used for the provision of medical care or the direct administration of claims;

             (4) Payments for the maintenance, repair and upkeep of medical or office space used for the provision of medical care or the direct administration of claims;

             (5) Salaries and wages paid to medical, clerical and administrative staff and other personnel employed to provide medical care or directly to administer claims; and

             (6) The depreciation of property other than medical or office supplies, used for the provision of medical care or the direct administration of claims.

      (c) “Employee welfare benefit plan” has the meaning ascribed to it in 29 U.S.C. § 1002.

      (d) “Employees” means employees whose wages are included within the measure of the excise tax imposed upon an employer by NRS 363B.110, and their spouses, children and other dependents who qualify for coverage under the terms of the health insurance or health benefit plan provided by that employer.

      (e) “Health benefit plan” means a health benefit plan that covers only those categories of health care expenses that are generally deductible by employees on their individual federal income tax returns pursuant to the provisions of 26 U.S.C. § 213 and any federal regulations relating thereto, if those expenses had been borne directly by those employees.

      (f) “Self-insured employer” means an employer that provides a program of self-insurance for its employees.

 


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      Sec. 29.  NRS 363B.010 is hereby amended to read as follows:

      363B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 363B.020 to 363B.050, inclusive, and section 27 of this act have the meanings ascribed to them in those sections.

      Sec. 30.  NRS 363B.030 is hereby amended to read as follows:

      363B.030  “Employer” means any employer who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter [,] with respect to any business activity of the employer, except a financial institution, an Indian tribe, a nonprofit organization or a political subdivision. For the purposes of this section:

      1.  “Financial institution” has the meaning ascribed to it in NRS 363A.050.

      2.  “Indian tribe” includes any entity described in subsection 10 of NRS 612.055.

      3.  “Nonprofit organization” means a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      4.  “Political subdivision” means any entity described in subsection 9 of NRS 612.055.

      Sec. 31.  (Deleted by amendment.)

      Sec. 32.  NRS 363B.110 is hereby amended to read as follows:

      363B.110  1.  There is hereby imposed an excise tax on each employer at the rate of 0.65 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment [.] in connection with the business activities of the employer.

      2.  The tax imposed by this section [must] :

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department [:

             (1) A] a return on a form prescribed by the Department; and

             [(2) A copy of any report required by the Employment Security Division of the Department of Employment, Training and Rehabilitation for determining the amount of the contribution required pursuant to NRS 612.535 for any wages paid by the employer during that calendar quarter; and]

      (b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.

      [4.  Except as otherwise provided in subsection 5, an employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to this section any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:

      (a) For an employer providing a program of self-insurance for its employees, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 140 (Chapter 9, SB 3)ê

 

employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.

      (b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for its employees.

      (c) Any amounts paid by an employer to a Taft-Hartley trust formed pursuant to 29 U.S.C. § 186(c)(5) for participation in an employee welfare benefit plan.

      (d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.

      5.  An employer may not deduct from the wages upon which the excise tax is imposed pursuant to this section:

      (a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or

      (b) Any payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such care or insurance.

      6.  An employer claiming the deduction allowed pursuant to subsection 4 shall submit with the return filed pursuant to subsection 3 proof of the amount paid in the calendar quarter that qualifies for the deduction. If the amount of the deduction exceeds the amount of reported wages, the excess amount may be carried forward to the following calendar quarter until the deduction is exhausted.

      7.  As used in this section, “employee welfare benefit plan” has the meaning ascribed to it in 29 U.S.C. § 1002.]

      Sec. 33.  Chapter 368A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Commission” means the Nevada Gaming Commission.

      Sec. 34.  NRS 368A.010 is hereby amended to read as follows:

      368A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 368A.020 to 368A.110, inclusive, and section 33 of this act have the meanings ascribed to them in those sections.

      Sec. 35.  NRS 368A.130 is hereby amended to read as follows:

      368A.130  The Department shall provide by regulation for a more detailed definition of “live entertainment” consistent with the general definition set forth in NRS 368A.090 for use by the Commission, the Board and the Department in determining whether an activity is a taxable activity under the provisions of this chapter.

      Sec. 36.  NRS 368A.140 is hereby amended to read as follows:

      368A.140  1.  The Board shall [:

      (a) Collect] collect the tax imposed by this chapter from taxpayers who are licensed gaming establishments . [; and

      (b) Adopt] The Commission shall adopt such regulations as are necessary to carry out the provisions of [paragraph (a).] this subsection. The regulations must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.

      2.  The Department shall:

      (a) Collect the tax imposed by this chapter from all other taxpayers; and

 


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      (b) Adopt such regulations as are necessary to carry out the provisions of paragraph (a).

      3.  For the purposes of:

      (a) Subsection 1, the provisions of chapter 463 of NRS relating to the payment, collection, administration and enforcement of gaming license fees and taxes, including, without limitation, any provisions relating to the imposition of penalties and interest, shall be deemed to apply to the payment, collection, administration and enforcement of the taxes imposed by this chapter to the extent that those provisions do not conflict with the provisions of this chapter.

      (b) Subsection 2, the provisions of chapter 360 of NRS relating to the payment, collection, administration and enforcement of taxes, including, without limitation, any provisions relating to the imposition of penalties and interest, shall be deemed to apply to the payment, collection, administration and enforcement of the taxes imposed by this chapter to the extent that those provisions do not conflict with the provisions of this chapter.

      4.  To ensure that the tax imposed by NRS 368A.200 is collected fairly and equitably, the Commission, the Board and the Department shall:

      (a) Jointly, coordinate the administration and collection of that tax and the regulation of taxpayers who are liable for the payment of the tax.

      (b) Upon request, assist the other [agency] agencies in the collection of that tax.

      Sec. 37.  NRS 368A.160 is hereby amended to read as follows:

      368A.160  1.  Each person responsible for maintaining the records of a taxpayer shall:

      (a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the provisions of this chapter;

      (b) Preserve those records for:

             (1) At least 5 years if the taxpayer is a licensed gaming establishment or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; or

             (2) At least 4 years if the taxpayer is not a licensed gaming establishment or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and

      (c) Make the records available for inspection by the Board or the Department upon demand at reasonable times during regular business hours.

      2.  The [Board] Commission and the Department may [by regulation specify] adopt regulations pursuant to NRS 368A.140 specifying the types of records which must be kept to determine the amount of the liability of a taxpayer [from whom they are required to collect] for the tax imposed by this chapter.

      3.  Any agreement that is entered into, modified or extended after January 1, 2004, for the lease, assignment or transfer of any premises upon which any activity subject to the tax imposed by this chapter is, or thereafter may be, conducted shall be deemed to include a provision that the taxpayer required to pay the tax must be allowed access to, upon demand, all books, records and financial papers held by the lessee, assignee or transferee which must be kept pursuant to this section. Any person conducting activities subject to the tax imposed by NRS 368A.200 who fails to maintain or disclose his records pursuant to this subsection is liable to the taxpayer for any penalty paid by the taxpayer for the late payment or nonpayment of the tax caused by the failure to maintain or disclose records.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 142 (Chapter 9, SB 3)ê

 

      4.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 38.  NRS 368A.200 is hereby amended to read as follows:

      368A.200  1.  Except as otherwise provided in this section, there is hereby imposed an excise tax on admission to any facility in this State where live entertainment is provided. If the live entertainment is provided at a facility with a maximum [seating capacity] occupancy of:

      (a) Less than 7,500 [,] persons, the rate of the tax is 10 percent of the admission charge to the facility plus 10 percent of any amounts paid for food, refreshments and merchandise purchased at the facility.

      (b) At least 7,500 [,] persons, the rate of the tax is 5 percent of the admission charge to the facility.

      2.  Amounts paid for [gratuities] :

      (a) Admission charges collected and retained by a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c), or by a nonprofit corporation organized or existing under the provisions of chapter 82 of NRS, are not taxable pursuant to this section.

      (b) Gratuities directly or indirectly remitted to persons employed at a facility where live entertainment is provided or for service charges, including those imposed in connection with the use of credit cards or debit cards, which are collected and retained by persons other than the taxpayer are not taxable pursuant to this section.

      3.  A business entity that collects any amount that is taxable pursuant to subsection 1 is liable for the tax imposed, but is entitled to collect reimbursement from any person paying that amount.

      4.  Any ticket for live entertainment must state whether the tax imposed by this section is included in the price of the ticket. If the ticket does not include such a statement, the taxpayer shall pay the tax based on the face amount of the ticket.

      5.  The tax imposed by subsection 1 does not apply to:

      (a) Live entertainment that this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Live entertainment that is provided by or entirely for the benefit of a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (c) Any boxing contest or exhibition governed by the provisions of chapter 467 of NRS.

      (d) Live entertainment that is not provided at a licensed gaming establishment if the facility in which the live entertainment is provided has a maximum [seating capacity] occupancy of less than 300 [.] persons.

      (e) Live entertainment that is provided at a licensed gaming establishment that is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits, if the facility in which the live entertainment is provided has a maximum [seating capacity] occupancy of less than 300 [.] persons.

      (f) Merchandise sold outside the facility in which the live entertainment is provided, unless the purchase of the merchandise entitles the purchaser to admission to the entertainment.

      (g) Live entertainment that is provided at a trade show.

      (h) Music performed by musicians who move constantly through the audience if no other form of live entertainment is afforded to the patrons.

 


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      (i) Live entertainment that is provided at a licensed gaming establishment at private meetings or dinners attended by members of a particular organization or by a casual assemblage if the purpose of the event is not primarily for entertainment.

      (j) Live entertainment that is provided in the common area of a shopping mall, unless the entertainment is provided in a facility located within the mall.

      (k) Food and product demonstrations provided at a shopping mall, a craft show or an establishment that sells grocery products, housewares, hardware or other supplies for the home.

      6.  As used in this section, “maximum [seating capacity”] occupancy” means, in the following order of priority:

      (a) The maximum occupancy of the facility in which live entertainment is provided, as determined by the State Fire Marshal or the local governmental agency that has the authority to determine the maximum occupancy of the facility;

      (b) If such a maximum occupancy has not been determined, the maximum occupancy of the facility designated in any permit required to be obtained in order to provide the live entertainment; or

      (c) If such a permit does not designate the maximum occupancy of the facility, the actual seating capacity of the facility in which the live entertainment is provided.

      Sec. 39.  NRS 368A.290 is hereby amended to read as follows:

      368A.290  1.  Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by:

      (a) The [Nevada Gaming] Commission, the claimant may bring an action against the Board on the grounds set forth in the claim.

      (b) The Nevada Tax Commission, the claimant may bring an action against the Department on the grounds set forth in the claim.

      2.  An action brought pursuant to subsection 1 must be brought in a court of competent jurisdiction in Carson City, the county of this State where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the Board or the Department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

      3.  Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.

      Sec. 40.  NRS 368A.300 is hereby amended to read as follows:

      368A.300  1.  If the Board fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the [Nevada Gaming] Commission within 30 days after the last day of the 6-month period.

      2.  If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Nevada Tax Commission within 30 days after the last day of the 6-month period.

      3.  If the claimant is aggrieved by the decision of:

      (a) The [Nevada Gaming] Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Board on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

 


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      (b) The Nevada Tax Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

      4.  If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any tax due from the plaintiff.

      5.  The balance of the judgment must be refunded to the plaintiff.

      Sec. 41.  NRS 368A.360 is hereby amended to read as follows:

      368A.360  Any licensed gaming establishment liable for the payment of the tax imposed by NRS 368A.200 who willfully fails to report, pay or truthfully account for the tax is subject to the revocation of his gaming license by the [Nevada Gaming] Commission.

      Sec. 42.  NRS 368A.370 is hereby amended to read as follows:

      368A.370  The remedies of the State provided for in this chapter are cumulative, and no action taken by the Commission, the Board, the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.

      Sec. 43.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The Governor.

      (b) The Department of Corrections.

      (c) The University and Community College System of Nevada.

      (d) The Office of the Military.

      (e) [Except as otherwise provided in NRS 368A.140, the] The State Gaming Control Board.

      (f) [The] Except as otherwise provided in NRS 368A.140, the Nevada Gaming Commission.

      (g) The Welfare Division of the Department of Human Resources.

      (h) The Division of Health Care Financing and Policy of the Department of Human Resources.

      (i) The State Board of Examiners acting pursuant to chapter 217 of NRS.

      (j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

      (k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

      (l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

      (m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

      2.  Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 145 (Chapter 9, SB 3)ê

 

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 703 of NRS for the judicial review of decisions of the Public Utilities Commission of Nevada;

      (d) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

      (e) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Human Resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

      (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184; or

      (c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694.

      6.  The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 44.  NRS 463.145 is hereby amended to read as follows:

      463.145  1.  [The] Except as otherwise provided in NRS 368A.140, the Commission shall, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:

      (a) At least 30 days before the initial meeting of the Commission and 20 days before any subsequent meeting at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:

             (1) Published in such newspaper as the Commission prescribes;

             (2) Mailed to every person who has filed a request therefor with the Commission; and

             (3) When the Commission deems advisable, mailed to any person whom the Commission believes would be interested in the proposed action, and published in such additional form and manner as the Commission prescribes.

      (b) The notice of proposed adoption, amendment or repeal must include:

             (1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;

             (2) Reference to the authority under which the action is proposed; and

             (3) Either the express terms or an informative summary of the proposed action.

      (c) On the date and at the time and place designated in the notice, the Commission shall afford any interested person or his authorized representative, or both, the opportunity to present statements, arguments or contentions in writing, with or without opportunity to present them orally.


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The Commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.

      (d) Any interested person may file a petition with the Commission requesting the adoption, amendment or repeal of a regulation. The petition must state, clearly and concisely:

             (1) The substance or nature of the regulation, amendment or repeal requested;

             (2) The reasons for the request; and

             (3) Reference to the authority of the Commission to take the action requested.

Ê Upon receipt of the petition, the Commission shall within 45 days deny the request in writing or schedule the matter for action pursuant to this subsection.

      (e) In emergencies, the Commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of the facts constituting the emergency.

      2.  In any hearing held pursuant to this section, the Commission or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing from time to time and at such places as it prescribes.

      3.  The Commission may request the advice and assistance of the Board in carrying out the provisions of this section.

      Sec. 45.  NRS 360.770 and 360.785 are hereby repealed.

      Sec. 46.  1.  There is hereby appropriated from the State General Fund to the Department of Taxation for expenses relating to the annual salaries of the Chairman and the members of the Tax Commission:

For the Fiscal Year 2005-2006..................................................... $153,500

For the Fiscal Year 2006-2007..................................................... $153,500

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 47.  1.  There is hereby appropriated from the State General Fund to the Department of Taxation for expenses relating to the printing of the Taxpayers’ Bill of Rights:

For the Fiscal Year 2005-2006......................................................... $2,300

For the Fiscal Year 2006-2007......................................................... $2,300

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 48.  1.  There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles for expenses relating to the printing and mailing of the Taxpayers’ Bill of Rights:

For the Fiscal Year 2005-2006......................................................... $3,920

For the Fiscal Year 2006-2007......................................................... $3,920

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State Highway Fund on or before September 15, 2006, and September 21, 2007, respectively.

 


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after June 30 of the respective fiscal years and must be reverted to the State Highway Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 49.  Any regulations adopted by the State Gaming Control Board pursuant to NRS 368A.140 or 368A.160 before July 1, 2005:

      1.  Remain in effect as if adopted by the Nevada Gaming Commission in accordance with the provisions of this act; and

      2.  May be amended or repealed by the Nevada Gaming Commission in accordance with the provisions of this act.

      Sec. 50.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 10, SB 4

Senate Bill No. 4–Committee of the Whole

 

CHAPTER 10

 

AN ACT relating to millennium scholarships; revising the provisions governing the administration of the Millennium Scholarship Program and the Millennium Scholarship Trust Fund; revising provisions governing eligibility for millennium scholarships; providing for the annual transfer of money from the Abandoned Property Trust Fund to the Millennium Scholarship Trust Fund; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 396.918 is hereby amended to read as follows:

      396.918  “Millennium scholarship” means a [scholarship] Governor Guinn Millennium Scholarship that is awarded from the Trust Fund to a student.

      Sec. 2.  NRS 396.926 is hereby amended to read as follows:

      396.926  1.  The Governor Guinn Millennium Scholarship Program is hereby created for the distribution of the Governor Guinn Millennium Scholarships in accordance with NRS 396.911 to 396.938, inclusive. The Millennium Scholarship Trust Fund is hereby created in the State Treasury. The State Treasurer may accept gifts, grants, bequests and donations for deposit in the Trust Fund.

      2.  The State Treasurer shall deposit in the Trust Fund:

      (a) Forty percent of all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products;

      (b) Forty percent of all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products; and

      (c) Any gifts, grants, bequests or donations specifically designated for the Trust Fund by the donor.

      3.  The State Treasurer shall administer the Trust Fund. As administrator of the Trust Fund, the State Treasurer, except as otherwise provided in this section:

      (a) Shall maintain the financial records of the Trust Fund;

 


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      (b) Shall invest the money in the Trust Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Trust Fund;

      (d) Shall maintain any instruments that evidence investments made with the money in the Trust Fund;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties necessary to administer the Trust Fund.

      4.  In addition to the investments authorized pursuant to paragraph (b) of subsection 3, the State Treasurer may, except as otherwise provided in subsection 5, invest the money in the Trust Fund in:

      (a) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:

             (1) The stock of the corporation is:

                   (I) Listed on a national stock exchange; or

                   (II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);

             (2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;

             (3) The maximum investment in stock is not greater than 25 percent of the book value of the total investments of the Trust Fund;

             (4) Except for investments made pursuant to paragraph (c), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and

             (5) Except for investments made pursuant to paragraph (c), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.

      (b) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.

      (c) Mutual funds or common trust funds that consist of any combination of the investments authorized pursuant to paragraph (b) of subsection 3 and paragraphs (a) and (b) of this subsection.

      5.  The State Treasurer shall not invest any money in the Trust Fund pursuant to subsection 4 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to subsection 4. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.

      6.  All interest and income earned on the money in the Trust Fund must, after deducting any applicable charges, be credited to the Trust Fund. All claims against the Trust Fund must be paid as other claims against the State are paid.

 


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claims against the Trust Fund must be paid as other claims against the State are paid.

      7.  Not more than [2] 3 percent of the [amount of money] anticipated annual revenue to the State of Nevada from the settlement agreements with and civil actions against manufacturers of tobacco products anticipated for deposit in the Trust Fund may be used to pay the costs of administering the Trust Fund.

      8.  The money in the Trust Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

      9.  Money in the Trust Fund may be used only for the purposes set forth in NRS 396.914 to 396.934, inclusive.

      Sec. 3.  NRS 396.930 is hereby amended to read as follows:

      396.930  1.  Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a millennium scholarship if he:

      (a) Has been a resident of this State for at least 2 years before he applies for the scholarship;

      (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:

             (1) After May 1, 2000, but not later than May 1, 2003; or

             (2) After May 1, 2003, and, except as otherwise provided in paragraph (c) of subsection 2, not more than 6 years before he applies for the scholarship;

      (c) Does not satisfy the requirements of paragraph (b) and:

             (1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

             (2) Received his high school diploma within 4 years after he was regularly scheduled to graduate; and

             (3) Applies for the scholarship not more than 6 years after he was regularly scheduled to graduate from high school;

      (d) Maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:

             (1) A [3.0] 3.00 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2003 or 2004;

             (2) A [3.1] 3.10 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2005 or 2006; or

             (3) A 3.25 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2007 or a later graduating class; and

      (e) Is enrolled in at least:

             (1) Six semester credit hours in a community college within the System; or

             (2) Twelve semester credit hours in another eligible institution.

      2.  The Board of Regents:

      (a) Shall define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.

      (b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.

      (c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such [student] students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.

 


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      (d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:

             (1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.

             (2) The minimum number of credits prescribed in paragraph (e) of subsection 1.

      3.  Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who have been residents of this State for at least 2 years, the Board of Regents shall establish:

      (a) The minimum score on a standardized test that such students must receive; or

      (b) Other criteria that students must meet,

Ê to be eligible for millennium scholarships.

      4.  In awarding scholarships, the Board of Regents shall enhance its outreach to students who:

      (a) Are pursuing a career in education or health care;

      (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or

      (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

      Sec. 4.  NRS 396.934 is hereby amended to read as follows:

      396.934  1.  [Within] Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a millennium scholarship is entitled to receive:

      (a) If he is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph. In no event may a student who is eligible for a millennium scholarship receive more than the cost of 12 semester credits per semester pursuant to this paragraph.

      (b) If he is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less. In no event may a student who is eligible for a millennium scholarship receive more than the cost of 12 semester credits per semester pursuant to this paragraph.

      (c) If he is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.

 


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grants or scholarships, whichever is less. In no event may a student who is eligible for a millennium scholarship receive more than the cost of 12 semester credits per semester pursuant to this paragraph.

      2.  No student may be awarded a millennium scholarship [for] :

      (a) To pay for remedial courses.

      (b) For a total amount in excess of $10,000.

      [2.] 3.  A student who receives a millennium scholarship shall:

      (a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection [5;] 7; and

      (b) If the student graduated from high school after May 1, 2003, maintain [at] :

             (1) At least a [2.6] 2.60 grade point average on a 4.0 grading scale [.

      3.] for each semester during the first year of enrollment in the Governor Guinn Millennium Scholarship Program.

             (2) At least a 2.75 grade point average on a 4.0 grading scale for each semester during the second year of enrollment in the Governor Guinn Millennium Scholarship Program and for each semester during each year of enrollment thereafter.

      4.  If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he is not eligible for the millennium scholarship for the succeeding semester of enrollment. If such a student:

      (a) Subsequently satisfies the requirements of subsection 3 in a semester in which he is not eligible for the scholarship, he is eligible for the scholarship for his next semester of enrollment.

      (b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, he is no longer eligible for a millennium scholarship.

      5.  A millennium scholarship must be used only:

      (a) For the payment of registration fees and laboratory fees and expenses;

      (b) To purchase required textbooks and course materials; and

      (c) For other costs related to the attendance of the student at the eligible institution.

      [4.] 6.  The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a millennium scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection [5.] 7. The scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection [3.] 5.

      [5.] 7.  The Board of Regents shall establish criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection [4.] 6.

      8.  The Board of Regents shall establish procedures to ensure that all money from a millennium scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.

 


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refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.

      Sec. 5.  NRS 120A.370 is hereby amended to read as follows:

      120A.370  1.  There is hereby created in the State Treasury the Abandoned Property Trust Fund.

      2.  All money received by the Administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the Administrator in the State Treasury for credit to the Abandoned Property Trust Fund.

      3.  Before making a deposit, the Administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.

      4.  The Administrator may pay from money available in the Abandoned Property Trust Fund:

      (a) Any costs in connection with the sale of abandoned property.

      (b) Any costs of mailing and publication in connection with any abandoned property.

      (c) Reasonable service charges.

      (d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.

      (e) Any valid claims filed pursuant to this chapter.

      5.  At the end of each fiscal year, the amount of the balance in the Fund in excess of $100,500 must be transferred . The first $7,600,000 each year must be transferred to the Millennium Scholarship Trust Fund created by NRS 396.926. The remainder must be transferred to the State General Fund, but remains subject to the valid claims of holders pursuant to NRS 120A.340 or owners pursuant to NRS 120A.380.

      6.  If there is an insufficient amount of money in the Abandoned Property Trust Fund to pay any cost or charge pursuant to subsection 4, the State Board of Examiners may, upon the application of the Administrator, authorize a temporary transfer from the State General Fund to the Abandoned Property Trust Fund of an amount necessary to pay those costs or charges. The Administrator shall repay the amount of the transfer as soon as sufficient money is available in the Abandoned Property Trust Fund.

      Sec. 6.  There is hereby appropriated from the State General Fund to the Millennium Scholarship Trust Fund created by NRS 396.926, the sum of $35,000,000.

      Sec. 7.  1.  The criteria established by the Board of Regents pursuant to section 4 of this act with respect to students who have a documented physical or mental disability apply to all students who satisfy the criteria including, without limitation, students who are currently enrolled in an eligible institution and are receiving a millennium scholarship, regardless of the year of enrollment in the Governor Guinn Millennium Scholarship Program.

      2.  The provisions of section 4 of this act regarding the limitation on the number of semester credits for which a student is eligible and the grade point average required for the second year of enrollment and thereafter do not apply until January 1, 2006.

 


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      Sec. 8.  1.  This section and sections 1 to 4, inclusive, 6 and 7 of this act become effective upon passage and approval.

      2.  Section 5 of this act becomes effective on July 1, 2005.

________

 

CHAPTER 11, SB 5

Senate Bill No. 5–Committee of the Whole

 

CHAPTER 11

 

AN ACT relating to health care; revising certain provisions concerning the distribution of prescription drugs to authorize certain Canadian pharmacies licensed in Nevada to provide prescription drugs through mail order service to residents of Nevada under certain circumstances; requiring the Director of the Office for Consumer Health Assistance to establish and maintain an Internet website to provide certain information to consumers concerning purchasing prescription drugs from certain Canadian pharmacies licensed in this State; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 639.230 is hereby amended to read as follows:

      639.230  1.  A person operating a business in this State shall not use the letters “Rx” or “RX” or the word “drug” or “drugs,” “prescription” or “pharmacy,” or similar words or words of similar import, without first having secured a license from the Board.

      2.  Each license must be issued to a specific person and for a specific location and is not transferable. The original license must be displayed on the licensed premises as provided in NRS 639.150. The original license and the fee required for reissuance of a license must be submitted to the Board before the reissuance of the license.

      3.  If the owner of a pharmacy is a partnership or corporation, any change of partners or corporate officers must be reported to the Board at such a time as is required by a regulation of the Board.

      4.  [In] Except as otherwise provided in subsection 6, in addition to the requirements for renewal set forth in NRS 639.180, every person holding a license to operate a pharmacy must satisfy the Board that the pharmacy is conducted according to law.

      5.  Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the Board.

      6.  The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to subsection 9 of NRS 223.560 from providing prescription drugs through mail order service to residents of Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.

 


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      Sec. 2.  NRS 639.2328 is hereby amended to read as follows:

      639.2328  1.  Every pharmacy located outside Nevada that provides mail order service to or solicits or advertises for orders for drugs available with a prescription from a resident of Nevada must be licensed by the Board.

      2.  To be licensed or to renew a license, such a pharmacy must:

      (a) Be licensed as a pharmacy, or the equivalent, by the state or country in which its dispensing facilities are located.

      (b) Comply with all applicable federal laws, regulations and standards.

      (c) Submit an application in the form furnished by the Board.

      (d) Provide the following information to the Board:

             (1) The name and address of the owner;

             (2) The location of the pharmacy;

             (3) The name of the pharmacist who is the managing pharmacist; and

             (4) Any other information the Board deems necessary.

      (e) Pay the fee required by regulation of the Board.

      (f) Submit evidence satisfactory to the Board that the facility, records and operation of the pharmacy comply with the laws and regulations of the state or country in which the pharmacy is located.

      (g) Submit certification satisfactory to the Board that the pharmacy complies with all lawful requests and directions from the regulatory board or licensing authority of the state or country in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.

      (h) Be certified by the Board pursuant to NRS 639.23288 if the pharmacy operates an Internet pharmacy.

      3.  In addition to the requirements of subsection 2, the Board may require such a pharmacy to be inspected by the Board.

      4.  The Board shall notify the Office for Consumer Health Assistance each time the Board licenses a Canadian pharmacy pursuant to this section and recommend that the Office for Consumer Health Assistance include each such pharmacy on the Internet website established and maintained pursuant to subsection 9 of NRS 223.560.

      Sec. 3.  NRS 639.23284 is hereby amended to read as follows:

      639.23284  1.  Every pharmacy located outside Nevada that provides mail order service to a resident of Nevada:

      [1.] (a) Shall report to the Board any change of information that appears on its license and pay the fee required by regulation of the Board.

      [2.] (b) Shall make available for inspection all pertinent records, reports, documents or other material or information required by the Board.

      [3.] (c) As required by the Board, must be inspected by the Board or:

      [(a)] (1) The regulatory board or licensing authority of the state or country in which the pharmacy is located; or

      [(b)] (2) The Drug Enforcement Administration.

      [4.] (d) As required by the Board, shall provide the following information concerning each prescription for a drug that is shipped, mailed or delivered to a resident of Nevada:

      [(a)] (1) The name of the patient;

      [(b)] (2) The name of the prescriber;

      [(c)] (3) The number of the prescription;

      [(d)] (4) The date of the prescription;

      [(e)] (5) The name of the drug; and

      [(f)] (6) The strength and quantity of the dose.

 


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      2.  In addition to complying with the requirements of subsection 1, every Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to subsection 9 of NRS 223.560 that provides mail order service to a resident of Nevada shall not sell, distribute or furnish to a resident of this State:

      (a) A controlled substance;

      (b) A prescription drug that has not been approved by the Federal Food and Drug Administration;

      (c) A generic prescription drug that has not been approved by the Federal Food and Drug Administration;

      (d) A prescription drug for which the Federal Food and Drug Administration has withdrawn or suspended its approval; or

      (e) A quantity of prescription drugs at one time that includes more drugs than are prescribed to the patient as a 3-month supply of the drugs.

      Sec. 4.  NRS 223.510 is hereby amended to read as follows:

      223.510  “Consumer” means a natural person who [has] :

      1.  Has or is in need of coverage under a health care plan [or who is] ;

      2.  Is in need of information or other assistance regarding a prescription drug program [.] ; or

      3.  May need information concerning purchasing prescription drugs from Canadian pharmacies.

      Sec. 5.  NRS 223.550 is hereby amended to read as follows:

      223.550  1.  The Office for Consumer Health Assistance is hereby established in the Office of the Governor. The Governor shall appoint the Director. The Director must:

      (a) Be:

             (1) A physician, as that term is defined in NRS 0.040;

             (2) A registered nurse, as that term is defined in NRS 632.019;

             (3) An advanced practitioner of nursing, as that term is defined in NRS 453.023; or

             (4) A physician assistant, as that term is defined in NRS 630.015; and

      (b) Have expertise and experience in the field of advocacy.

      2.  The cost of carrying out the provisions of NRS 223.500 to 223.580, inclusive, must be paid as follows:

      (a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers’ compensation must be paid from the assessments levied pursuant to NRS 232.680.

      (b) That portion of the cost related to the operation of the Bureau for Hospital Patients created pursuant to NRS 223.575 must be paid from the assessments levied pursuant to that section.

      (c) That portion of the cost related to providing assistance to consumers in need of information or other facilitation regarding a prescription drug program may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Director for this purpose.

      (d) That portion of the cost related to providing assistance to consumers in need of information concerning purchasing prescription drugs from Canadian pharmacies may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Director for this purpose.

 


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      (e) The remaining cost must be provided by direct legislative appropriation from the State General Fund and be paid out on claims as other claims against the State are paid.

      Sec. 6.  NRS 223.560 is hereby amended to read as follows:

      223.560  The Director shall:

      1.  Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

      2.  Assist consumers and injured employees in understanding their rights and responsibilities under health care plans and policies of industrial insurance;

      3.  Identify and investigate complaints of consumers and injured employees regarding their health care plans and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

      (a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

      (b) Providing counseling and assistance to consumers and injured employees concerning health care plans and policies of industrial insurance;

      4.  Provide information to consumers and injured employees concerning health care plans and policies of industrial insurance in this State;

      5.  Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office [;] for Consumer Health Assistance;

      6.  Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Director pursuant to this section;

      7.  In appropriate cases and pursuant to the direction of the Governor, refer a complaint or the results of an investigation to the Attorney General for further action; [and]

      8.  Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services [.] ; and

      9.  Establish and maintain an Internet website which includes:

      (a) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

      (b) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328.

      Sec. 7.  NRS 223.570 is hereby amended to read as follows:

      223.570  1.  The Director may:

      (a) Within the limits of available money, employ:

             (1) Such persons in the unclassified service of the State as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.

             (2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560 and 223.580, who must be in the classified service of the State.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 157 (Chapter 11, SB 5)ê

 

Ê A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Director employs him.

      (b) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans, prescription drug programs and policies of industrial insurance as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.

      (c) Adopt such regulations as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.

      (d) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office for Consumer Health Assistance in carrying out its duties pursuant to [subsection] subsections 8 and 9 of NRS 223.560.

      2.  The Director and his employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560 and 223.580. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Director or employee, or any person affiliated with the Director or employee:

      (a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;

      (b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;

      (c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or

      (d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.

      Sec. 8.  NRS 453.3639 is hereby amended to read as follows:

      453.3639  1.  [A] Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

      (b) The prescription drug has not been lawfully imported into the United States.

      2.  [A] Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

      (b) The prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations and standards.

      3.  The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to subsection 9 of NRS 223.560 from providing prescription drugs through mail order service to residents of Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.

      4.  A person shall not knowingly aid another person in any act or transaction that violates any provision of this section.

 


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ê2005 Statutes of Nevada, 22nd Special Session, Page 158 (Chapter 11, SB 5)ê

 

      [4.] 5.  Except as otherwise provided in subsection [5,] 6, a person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [5.] 6.  A person who violates any provision of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

      (a) Is classified in schedule I; or

      (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

      [6.] 7.  The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection [5.] 6.

      [7.] 8.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.

      Sec. 9.  This act becomes effective on July 1, 2005.

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