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ê2011 Statutes of Nevada, Page 2637ê

 

CHAPTER 437, SB 438

Senate Bill No. 438–Committee on Finance

 

CHAPTER 437

 

[Approved: June 16, 2011]

 

AN ACT relating to the Lake Tahoe Basin; requiring the issuance of general obligation bonds to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program for the Lake Tahoe Basin; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Environmental Improvement Program was implemented in 1997 to carry out projects to improve the environment in the Lake Tahoe Basin. The costs of the Program are apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property in both states. In 1999, the Nevada Legislature authorized the issuance of not more than $53.2 million in general obligation bonds to pay for a significant portion of Nevada’s share of the costs of the first phase of the Program. (Chapter 514, Statutes of Nevada 1999, p. 2626) In 2009, the Nevada Legislature authorized the issuance of not more than $100 million in general obligation bonds to pay for Nevada’s share of the costs of the second phase of the Program. Issuance of those bonds requires the approval of the Legislature or the Interim Finance Committee. (Chapter 431, Statutes of Nevada 2009, p. 2417) The Nevada Legislature in 2009 also required the issuance of not more than $4,420,000 of such bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Program. (Chapter 431, Statutes of Nevada 2009, p. 2416)

       This bill requires the issuance of general obligation bonds of not more than $12 million to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

     Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and

     Whereas, This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin; and

     Whereas, The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is a matter of such significance that it must be carried out on a continual basis; and

     Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and

 


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ê2011 Statutes of Nevada, Page 2638 (Chapter 437, SB 438)ê

 

     Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California and the local governments and private property owners within both states; and

     Whereas, The cost of carrying out the second phase of the Environmental Improvement Program for the State of Nevada and its political subdivisions is $100,000,000; and

     Whereas, Section 3 of chapter 431, Statutes of Nevada 2009, at page 2417, authorized the State Board of Finance to issue general obligation bonds of the State of Nevada in a total face amount of not more than $100,000,000 to provide money to carry out the second phase of the Environmental Improvement Program; and

     Whereas, Section 1 of chapter 431, Statutes of Nevada 2009, at page 2416, granted approval to the State Board of Finance to issue $4,420,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and

     Whereas, The general obligation bonds authorized by chapter 431, Statutes of Nevada 2009, may only be issued with the prior approval of the Legislature or the Interim Finance Committee and pursuant to a schedule established by the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $12,000,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this section, must be used as follows:

     1.  Activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:

     (a) Enhancement of recreational opportunities...................................................................... $1,037,500

     (b) Continued implementation of forest health, restoration and fuels management projects. $1,000,000

     (c) Protection of sensitive species and improvement of wildlife habitat................................... $335,000

     (d) Control of invasive terrestrial and aquatic species.............................................................. $300,000

     2.  Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements     $8,827,500

     3.  Contingency money to carry out environmental improvement projects.............................. $500,000

 


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ê2011 Statutes of Nevada, Page 2639 (Chapter 437, SB 438)ê

 

     Sec. 2.  1.  The Division of State Lands of the State Department of Conservation and Natural Resources may combine the contingency money authorized pursuant to subsection 3 of section 1 of this act with any other contingency money authorized by the Legislature to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin.

     2.  If an amount authorized to carry out the projects set forth in section 1 of this act or any other environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin is insufficient to allow the completion of the project for which it is authorized, including, without limitation, any monitoring necessary to ensure the continued effectiveness of the project:

     (a) The Division of State Lands may, without the prior approval of the Interim Finance Committee, allocate the contingency money authorized pursuant to subsection 3 of section 1 of this act, including any money combined therewith pursuant to subsection 1, to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin; and

     (b) Upon the request of the Division of State Lands, the Interim Finance Committee may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another environmental improvement project or projects that are paid for with money from the Fund to Protect the Lake Tahoe Basin by the amount of the increase.

     3.  The Division of State Lands may use money authorized pursuant to section 1 of this act for a project other than a project listed in section 1 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.

     Sec. 3.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:

     1.  Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and

     2.  Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

     Sec. 4.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 2640ê

 

CHAPTER 438, SB 439

Senate Bill No. 439–Committee on Finance

 

CHAPTER 438

 

[Approved: June 16, 2011]

 

AN ACT relating to fire protection; amending the membership and duties of the State Board of Fire Services; eliminating the Fire Service Standards and Training Committee; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth the membership and duties of the State Board of Fire Services and the Fire Service Standards and Training Committee. (NRS 477.020, 477.070-477.090) Section 11 of this bill eliminates the Fire Service Standards and Training Committee. Section 3 of this bill revises the membership and duties of the State Board of Fire Services.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  As used in NRS 477.080, 477.085 and 477.090 and sections 2 and 3 of this act, unless the context otherwise requires, “Board”  means the State Board of Fire Services created pursuant to section 3 of this act.

     Sec. 3.  1.  The State Board of Fire Services is hereby created. The Board consists of:

     (a) The State Fire Marshal, who is a nonvoting member;

     (b) The State Forester Firewarden, who is a voting member; and

     (c) The following nine voting members appointed by the Governor as follows:

           (1) A licensed architect;

           (2) A chief, deputy chief, assistant chief or division chief of a volunteer fire department or a partially paid fire department;

           (3) A chief, deputy chief, assistant chief or division chief of a full-time, paid fire department;

           (4) A professional engineer;

           (5) A chief officer, person of equivalent rank or any other person who is experienced in fire service training and represents a volunteer or partially paid fire department or fire district;

           (6) A chief officer, person of equivalent rank or any other person who is experienced in fire service training and represents a fully paid fire department or fire district;

           (7) A fire marshal, fire protection engineer or any other person who is experienced in developing or enforcing any code related to fire prevention;

 


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ê2011 Statutes of Nevada, Page 2641 (Chapter 438, SB 439)ê

 

           (8) A firefighter who does not otherwise meet the requirements of subparagraphs (1) to (7), inclusive; and

           (9) A member of the general public who has an interest in public safety and is not an employee or a volunteer of a fire department or fire district.

     2.  The members described in paragraph (c) of subsection 1:

     (a) Must be selected by the Governor based on nominations received from fire chiefs;

     (b) Shall serve for a term of 4 years; and

     (c) Serve at the pleasure of the Governor.

     3.  Of the members described in paragraph (c) of subsection 1:

     (a) At least one member must be from Clark County;

     (b) At least one member must be from Washoe County; and

     (c) A majority of such members must not be from one county.

     4.  No member other than the State Fire Marshal and the State Forester Firewarden may serve for more than two consecutive terms.

     5.  A vacancy in the Board must be filled for the remainder of the unexpired term in the same manner as the original appointment.

     6.  The Board shall select a Chair from among its members to serve for 1 year. The State Fire Marshal shall serve as the Secretary of the Board.

     7.  The Board shall meet at least twice each year and on the call of the Chair, the Secretary or any three members.

     8.  The members of the Board are entitled to receive from the State Fire Marshal Division of the Department of Public Safety the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which the member attends a meeting of the Board.

     9.  The State Fire Marshal Division shall provide the Board with administrative support.

     Sec. 4.  NRS 477.039 is hereby amended to read as follows:

     477.039  1.  The State Fire Marshal shall:

     (a) Furnish and administer programs for the training of firefighters;

     (b) Describe the programs that are available for training of firefighters and notify fire departments of the availability of these programs;

     (c) Administer a program to certify firefighters, whenever requested to do so, for successful completion of a training program;

     (d) Develop a program to train instructors;

     (e) Assist other agencies and organizations to prepare and administer training programs;

     (f) Carry out the provisions of paragraphs (a) to (e), inclusive, in accordance with recommendations submitted to the State [Fire Marshal by the Fire Service Standards and Training Committee] Board of Fire Services and the regulations adopted by the [Committee;] Board; and

     (g) Establish a regional hazardous materials training facility and furnish training programs concerning hazardous materials for emergency personnel, agencies and other persons.

 


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ê2011 Statutes of Nevada, Page 2642 (Chapter 438, SB 439)ê

 

     2.  The State Fire Marshal may enter into agreements for the procurement of necessary services or property, may accept gifts, grants, services or property for the training programs and may charge fees for training programs, materials or services provided.

     Sec. 5.  NRS 477.080 is hereby amended to read as follows:

     477.080  The [Committee] Board shall:

     1.  [Meet at the call of the Chair at least four times each year.

     2.]  Encourage the training and education of fire service personnel to improve the system of public safety in the State.

     [3.] 2.  Adopt regulations establishing minimum standards for the approval of training and certification programs submitted by a fire department [or other fire service training agency or organization of the State ,] , fire district or any political subdivision or agency of the State or Federal Government pursuant to NRS 477.090. The regulations must provide minimum standards for the training and certification, including the renewal and revocation of certification, of [fire service] emergency response personnel who serve in positions for which the [Committee] Board determines minimum standards of training and certification are necessary.

     [4.] 3.  Provide information and make recommendations to the State Fire Marshal [and the State Board of Fire Services] concerning the training of fire service personnel.

     [5.  Approve the budget for the operation of the Committee.]

     4.  Make recommendations to the State Fire Marshal and to the Legislature concerning necessary legislation in the fields of fire fighting and fire protection.

     5.  When requested to do so by the Director of the Department of Public Safety, recommend to the Director not fewer than three persons for appointment as State Fire Marshal.

     6.  Hear appeals of orders, decisions or determinations made by the State Fire Marshal pursuant to his or her statutory authority.

     Sec. 6.  NRS 477.085 is hereby amended to read as follows:

     477.085  The [Committee] Board may:

     1.  Adopt regulations which:

     (a) It determines are necessary for the operation of the [Committee.] Board.

     (b) Require that training programs which are approved by the [Committee] Board and require special facilities be conducted at facilities approved by the [Committee.] Board.

     2.  Recommend to the Legislature any appropriate legislation concerning the training of fire service personnel.

     Sec. 7.  NRS 477.090 is hereby amended to read as follows:

     477.090  1.  A fire department [or other fire service training agency or organization of the State] , fire district or any political subdivision or agency of the State or Federal Government may submit to the Chair of the [Committee] Board a proposed training and certification program for any of the [fire service personnel] emergency response members who serve in positions for which the [Committee] Board has adopted regulations pursuant to NRS 477.080. The proposed program must be submitted not less than 30 days before the next scheduled meeting of the [Committee.] Board.

 


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ê2011 Statutes of Nevada, Page 2643 (Chapter 438, SB 439)ê

 

     2.  At that meeting, the [Committee] Board shall evaluate the proposed program and determine whether it meets the standards for training and certification prescribed in the regulations adopted by the [Committee] Board pursuant to NRS 477.080.

     3.  A proposed training and certification program submitted pursuant to this section must include:

     (a) A description of the [fire service personnel] emergency response positions which will be covered by the program;

     (b) A description of the training which the program will provide;

     (c) A procedure for the renewal of certification; and

     (d) A procedure for the revocation of certification.

     4.  If a training and certification program is approved by the [Committee,] Board, the program constitutes the standard for state certification of [fire service] emergency response personnel.

     Sec. 8.  Notwithstanding any provision of law to the contrary, the term of office of any person currently serving on the State Board of Fire Services ends on June 30, 2011.

     Sec. 9.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

     2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity 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, agency or other entity 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, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

     Sec. 10.  The Legislative Counsel shall:

     1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity. If any internal reference is made to a section repealed by this act, the Legislative Counsel shall delete the reference and replace it by reference to the superseding section, if any.

     2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

 


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ê2011 Statutes of Nevada, Page 2644 (Chapter 438, SB 439)ê

 

     Sec. 11.  NRS 477.020, 477.070 and 477.075 are hereby repealed.

     Sec. 12.  1.  This section and section 8 of this act become effective upon passage and approval.

     2.  Sections 1 to 7, inclusive, 9, 10 and 11 of this act become effective on July 1, 2011.

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CHAPTER 439, SB 440

Senate Bill No. 440–Committee on Finance

 

CHAPTER 439

 

[Approved: June 16, 2011]

 

AN ACT relating to health insurance; creating the Silver State Health Insurance Exchange; setting forth the purposes of the Exchange; providing for the composition, appointment and terms of members and powers and duties of the Board of Directors of the Exchange; providing for the appointment and powers and duties of the Executive Director of the Exchange; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill creates the Silver State Health Insurance Exchange to provide services relating to the purchase and sale of health insurance by residents and certain employers in this State. The Exchange is governed by the Board of Directors consisting of five voting members appointed by the Governor, one voting member appointed by the Senate Majority Leader and one voting member appointed by the Speaker of the Assembly. The Board also consists of the directors, or designees thereof, of the Department of Health and Human Services, the Department of Business and Industry and the Department of Administration as ex officio nonvoting members to assist the voting members by providing advise and expertise. Voting members of the Board serve terms of 3 years each. The Board appoints an Executive Director of the Exchange, who in turn may employ such persons as are necessary and as funding allows. Among other duties, the Exchange is required to create and administer a state-based health insurance exchange, facilitate the purchase and sale of qualified health plans, provide for the establishment of a program to help certain small employers in Nevada in facilitating the enrollment of employees in qualified health plans, and perform all other duties that are required of it pursuant to the federal Patient Protection and Affordable Care Act, the federal Health Care and Education Reconciliation Act of 2010 and any amendments to or regulations or guidance issued pursuant to those acts. (Pub. L. No. 111-148, Pub. L. No. 111-152)

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, 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 12, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2011 Statutes of Nevada, Page 2645 (Chapter 439, SB 440)ê

 

     Sec. 3.  “Board” means the Board of Directors of the Exchange.

     Sec. 4.  “Exchange” means the Silver State Health Insurance Exchange.

     Sec. 5.  “Executive Director” means the Executive Director of the Exchange.

     Sec. 6.  “Federal Act” means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to, or regulations or guidance issued pursuant to, those acts.

     Sec. 7.  “Medical facility” has the meaning ascribed to it in NRS 449.0151.

     Sec. 8.  “Provider of health care” has the meaning ascribed to it in NRS 629.031.

     Sec. 9.  Except as otherwise provided in section 22 of this act, “qualified health plan” has the meaning ascribed to it in § 1301 of the Federal Act.

     Sec. 10.  “Qualified individual” means a person, including, without limitation, a minor, who:

     1.  Is seeking to enroll in a qualified health plan offered to persons through the Exchange;

     2.  Resides in Nevada;

     3.  At the time of enrollment is not incarcerated, unless the person is incarcerated pending the disposition of charges; and

     4.  Is, and is reasonably expected to be, for the entire period for which enrollment is sought, a citizen of the United States or an alien lawfully present in the United States.

     Sec. 11.  “Qualified small employer” means a small employer that chooses to make all of its full-time employees eligible for one or more qualified health plans offered through the Exchange to assist qualified small employers in Nevada in facilitating the enrollment of their employees in qualified health plans offered in the small group market, if the employer:

     1.  Has its principal place of business in Nevada and chooses to provide coverage through the Exchange to all of its eligible employees, regardless of where those employees are employed; or

     2.  Regardless of the location of its principal place of business, chooses to provide coverage through the Exchange to all of its eligible employees who are principally employed in Nevada.

     Sec. 12.  “Small employer” has the meaning ascribed to it in NRS 689C.095.

     Sec. 13.  The Silver State Health Insurance Exchange is hereby established to:

     1.  Facilitate the purchase and sale of qualified health plans in the individual market in Nevada;

     2.  Assist qualified small employers in Nevada in facilitating the enrollment and purchase of coverage and the application for subsidies for small business enrollees;

     3.  Reduce the number of uninsured persons in Nevada;

     4.  Provide a transparent marketplace for health insurance and consumer education on matters relating to health insurance; and

 


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ê2011 Statutes of Nevada, Page 2646 (Chapter 439, SB 440)ê

 

     5.  Assist residents of Nevada with access to programs, premium assistance tax credits and cost-sharing reductions.

     Sec. 14.  1.  The Exchange shall:

     (a) Create and administer a state-based health insurance exchange;

     (b) Facilitate the purchase and sale of qualified health plans;

     (c) Provide for the establishment of a program to assist qualified small employers in Nevada in facilitating the enrollment of their employees in qualified health plans offered in the small group market;

     (d) Make only qualified health plans available to qualified individuals and qualified small employers on or after January 1, 2014; and

     (e) Unless the Federal Act is repealed or is held to be unconstitutional or otherwise invalid or unlawful, perform all duties that are required of the Exchange to implement the requirements of the Federal Act.

     2.  The Exchange may:

     (a) Enter into contracts with any person, including, without limitation, a local government, a political subdivision of a local government and a governmental agency, to assist in carrying out the duties and powers of the Exchange or the Board; and

     (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the duties and powers of the Exchange or the Board.

     3.  The Exchange is subject to the provisions of chapter 333 of NRS.

     Sec. 15.  1.  The governing authority of the Exchange is the Board, consisting of seven voting members and three ex officio nonvoting members.

     2.  Subject to the provisions of subsections 3, 4 and 5:

     (a) The Governor shall appoint five voting members of the Board;

     (b) The Senate Majority Leader shall appoint one voting member of the Board; and

     (c) The Speaker of the Assembly shall appoint one voting member of the Board.

     3.  Each voting member of the Board must have:

     (a) Expertise in the individual or small employer health insurance market;

     (b) Expertise in health care administration, health care financing or health information technology;

     (c) Expertise in the administration of health care delivery systems;

     (d) Experience as a consumer who would benefit from services provided by the Exchange; or

     (e) Experience as a consumer advocate, including, without limitation, experience in consumer outreach and education for those who would benefit from services provided by the Exchange.

     4.  When making an appointment pursuant to subsection 2, the Governor, the Majority Leader and the Speaker of the Assembly shall consider the collective expertise and experience of the voting members of the Board and shall attempt to make each appointment so that:

     (a) The areas of expertise and experience described in subsection 3 are collectively represented by the voting members of the Board; and

     (b) The voting members of the Board represent a range and diversity of skills, knowledge, experience and geographic and stakeholder perspectives.

 


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ê2011 Statutes of Nevada, Page 2647 (Chapter 439, SB 440)ê

 

     5.  A voting member of the Board may not be a Legislator or hold any elective office in State Government.

     6.  While serving on the Board, a voting member may not be in any way affiliated with a health insurer, including, without limitation, being an employee of, consultant to or member of the board of directors of a health insurer, having an ownership interest in a health insurer or otherwise being a representative of a health insurer.

     7.  The following are ex officio nonvoting members of the Board who shall assist the voting members of the Board by providing advice and expertise:

     (a) The Director of the Department of Health and Human Services, or his or her designee;

     (b) The Director of the Department of Business and Industry, or his or her designee; and

     (c) The Director of the Department of Administration, or his or her designee.

     Sec. 16.  1.  After the initial terms, the term of each voting member of the Board is 3 years.

     2.  A voting member of the Board may be reappointed to the Board.

     3.  The appointing authority who appoints a voting member of the Board may remove that voting member if the voting member neglects his or her duty or commits misfeasance, malfeasance or nonfeasance in office.

     4.  A vacancy on the Board in the position of a voting member must be filled in the same manner as the original appointment.

     5.  Upon the expiration of his or her term of office, a voting member of the Board may continue to serve until he or she is reappointed or a person is appointed as a successor.

     Sec. 17.  1.  The Board shall elect a Chair and a Vice Chair from among its members.

     2.  The terms of the Chair and Vice Chair are 1 year.

     3.  The Chair and Vice Chair may be reelected to one or more terms.

     4.  If a vacancy occurs, the members of the Board shall elect a replacement Chair or Vice Chair, as applicable, for the remainder of the unexpired term.

     Sec. 18.  1.  Except as otherwise provided in subsection 2, the voting members of the Board shall serve without compensation.

     2.  If sufficient money is available from federal grant funds or revenues generated by the Exchange, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while attending meetings of the Board or otherwise engaged in the business of the Board.

     Sec. 19.  1.  The Board shall meet:

     (a) At least once each calendar quarter; and

     (b) At other times upon the call of the Chair or a majority of the voting members.

     2.  A majority of the voting members of the Board constitutes a quorum for the transaction of business.

     3.  A member of the Board may not vote by proxy.

 


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ê2011 Statutes of Nevada, Page 2648 (Chapter 439, SB 440)ê

 

     Sec. 20.  1.  The Board may appoint subcommittees and advisory committees composed of members of the Board, former members of the Board and members of the general public who have experience with or knowledge of matters relating to health care to consider specific problems or other matters within the scope of the powers, duties and functions of the Board.

     2.  To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this State.

     3.  A member of a subcommittee or an advisory committee will not be compensated or reimbursed for travel or other expenses relating to any duties as a member of the subcommittee or advisory committee.

     Sec. 21.  The Board and any subcommittee or advisory committee appointed by the Board shall comply with the provisions of chapter 241 of NRS.

     Sec. 22.  1.  The Board shall:

     (a) Adopt bylaws setting forth its procedures and governing its operations;

     (b) On or before June 30 and December 31 of each year, submit a written fiscal and operational report to the Governor and the Legislature, which must include, without limitation, any recommendations concerning the Exchange;

     (c) On or before December 31 of each year, prepare a report for the public summarizing the activities of the Board and the contributions of the Exchange to the health of the residents of Nevada during the previous year;

     (d) Provide for an annual audit of its functions and operations;

     (e) Submit all reports required by federal law to the appropriate federal agency and in a timely manner; and

     (f) If the Federal Act is repealed or is held unconstitutional or otherwise invalid or unlawful, define by regulation “qualified health plan” for the purposes of this act.

     2.  The Board may:

     (a) Adopt regulations to carry out the duties and powers of the Exchange;

     (b) Prepare special reports concerning the Exchange for the Governor, the Legislature and the public; and

     (c) Contract for the services of such legal, professional, technical and operational personnel and consultants as the execution of its duties and powers and the operation of the Exchange may require.

     3.  The Board is subject to Legislative and Executive Branch audits.

     Sec. 23.  1.  The Board shall appoint an Executive Director of the Exchange.

     2.  The Executive Director:

     (a) Is in the unclassified service of the State;

     (b) Is responsible to the Board and serves at the pleasure of the Board;

     (c) Must have experience in the administration of health care or health insurance; and

     (d) Is responsible for the administrative matters of the Board.

 


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ê2011 Statutes of Nevada, Page 2649 (Chapter 439, SB 440)ê

 

     3.  Subject to the limits of available funding, the Executive Director may appoint and remove such employees of the Exchange as are necessary for the administration of the Exchange.

     4.  Employees of the Exchange appointed pursuant to subsection 3 are in the unclassified service of the State.

     Sec. 24.  1.  The Board and the Department of Health and Human Services shall ensure that the Exchange coordinates with Medicaid, the Children’s Health Insurance Program and any other applicable state or local public programs to create a single point of entry for users of the Exchange who are eligible for such programs and to promote continuity of coverage and care.

     2.  As used in this section, “Children’s Health Insurance Program” has the meaning ascribed to it in NRS 422.021.

     Sec. 25.  The Department of Health and Human Services, the Division of Insurance of the Department of Business and Industry and any other relevant state agency shall work with and provide support to the Exchange as it carries out its duties and powers, including, without limitation, entering into agreements to share information and intergovernmental agreements with the Exchange.

     Sec. 26.  1.  If the Executive Director determines that the current expenses of the Exchange exceed the amount of money available because of a delay in the receipt of money from federal grants or a delay in the receipt of revenue from other sources, the Executive Director may request from the Department of Administration an advance from the State General Fund for the payment of authorized expenses.

     2.  If the Director of the Department of Administration approves a request made pursuant to subsection 1, he or she shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the amount of advance approved.

     3.  Upon receiving notification pursuant to subsection 2, the State Controller shall draw his or her warrant for payment of the approved amount.

     4.  An advance made pursuant to this section must not exceed 25 percent of the revenue expected to be received from any source other than legislative appropriation during the fiscal year in which the request is made.

     5.  Any money which is advanced pursuant to this section must be repaid by the Exchange to the State General Fund not later than August 31 immediately after the end of the fiscal year during which the advance is made.

     Sec. 27.  Nothing in this act, and no action taken by the Exchange pursuant to this act, shall be construed to preempt or supersede the authority of the Commissioner to regulate the business of insurance within this State.

     Sec. 28.  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) Except as otherwise provided in NRS 209.221, the Department of Corrections.

 


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ê2011 Statutes of Nevada, Page 2650 (Chapter 439, SB 440)ê

 

     (c) The Nevada System of Higher Education.

     (d) The Office of the Military.

     (e) The State Gaming Control Board.

     (f) Except as otherwise provided in NRS 368A.140, the Nevada Gaming Commission.

     (g) The Division of Welfare and Supportive Services of the Department of Health and Human Services.

     (h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

     (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.

     (n) The Silver State Health Insurance Exchange.

     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;

     (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 Health and Human Services 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;

 


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ê2011 Statutes of Nevada, Page 2651 (Chapter 439, SB 440)ê

 

     (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. 29.  On or before July 1, 2011:

     1.  The Governor shall appoint two voting members of the Board of Directors of the Silver State Health Insurance Exchange to terms commencing July 1, 2011, and expiring June 30, 2012.

     2.  The Governor and the Speaker of the Assembly shall each appoint one voting member of the Board of Directors of the Silver State Health Insurance Exchange to terms commencing July 1, 2011, and expiring June 30, 2013.

     3.  The Governor shall appoint two voting members of the Board of Directors of the Silver State Health Insurance Exchange, and the Senate Majority Leader shall appoint one voting member of the Board of Directors of the Silver State Health Insurance Exchange, to terms commencing July 1, 2011, and expiring June 30, 2014.

     Sec. 30.  On or before December 31, 2011, the Board of Directors of the Silver State Health Insurance Exchange shall adopt a plan for the implementation and operation of the Silver State Health Insurance Exchange and shall submit the plan to the Governor and the Legislature.

     Sec. 31.  Until an Executive Director of the Silver State Health Insurance Exchange is appointed pursuant to section 23 of this act, the Director of the Department of Health and Human Services is ex officio responsible for the administrative matters of the Board of Directors of the Silver State Health Insurance Exchange.

     Sec. 32.  This act becomes effective upon passage and approval for the purpose of appointing voting members of the Board of Directors of the Silver State Health Insurance Exchange and on July 1, 2011, for all other purposes.

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ê2011 Statutes of Nevada, Page 2652ê

 

CHAPTER 440, SB 473

Senate Bill No. 473–Committee on Finance

 

CHAPTER 440

 

[Approved: June 16, 2011]

 

AN ACT relating to the reorganization of State Government; continuing the transfer of the powers and duties of the Consumer Affairs Division of the Department of Business and Industry and the Commissioner of Consumer Affairs to the Office of the Attorney General; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The 75th Session of the Nevada Legislature temporarily eliminated the Consumer Affairs Division of the Department of Business and Industry and the Commissioner of Consumer Affairs for the 2009-2011 biennium and transferred the powers and duties of the Division and the Commissioner to the Office of the Attorney General. (Chapter 475, Statutes of Nevada 2009, pp. 2695-2733) This bill continues for the 2011-2013 biennium the temporary elimination of the Division and the Commissioner and the transfer of the powers and duties of the Division and the Commissioner to the Office of the Attorney General.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  (Deleted by amendment.)

     Sec. 2.  Section 80 of chapter 475, Statutes of Nevada 2009, at page 2733, is hereby amended to read as follows:

      Sec. 80.  1.  This section and sections 1 to 35, inclusive, 36 to 57, inclusive, and 58 to 79, inclusive, of this act become effective on July 1, 2009.

      2.  The amendatory provisions of sections 3, 4, 36 to 51, inclusive, 57, 58 to 75, inclusive, and subsection 2 of section 77 of this act expire by limitation on June 30, [2011.] 2013.

      3.  Sections 35.1 to 35.95, inclusive, and 57.5 of this act become effective on July 1, [2011.] 2013.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  1.  This section and sections 2 and 3 of this act become effective upon passage and approval.

     2.  Section 1 of this act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 2653ê

 

CHAPTER 441, SB 320

Senate Bill No. 320–Senator Manendo (by request)

 

CHAPTER 441

 

[Approved: June 16, 2011]

 

AN ACT relating to motor carriers; revising provisions relating to the period of operation of certain taxicabs; prohibiting a short-term lessor from offering, arranging for or allowing the use of a paid driver; requiring the suspension of the drivers’ licenses of certain persons who fail to pay administrative fines to the Nevada Transportation Authority; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the regulation of certain motor carriers in this State by the Nevada Transportation Authority. (NRS 706.011-706.791)

       Sections 4.7 and 10.3 of this bill require the suspension of the driver’s license of a person who fails to pay certain administrative fines and related costs to the Authority. Section 10.3 requires a person whose driver’s license is suspended for the nonpayment of an administrative fine to the Authority to pay that administrative fine and to pay the fee for reinstatement of his or her driver’s license before the driver’s license may be reinstated by the Department of Motor Vehicles.

       Section 10.1 of this bill prohibits a short-term lessor from offering, arranging for or allowing the use of a paid driver whether directly or through an affiliated person.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.7, inclusive, of this act.

     Secs. 2-4.  (Deleted by amendment.)

     Sec. 4.3.  In any county for which regulation by the Taxicab Authority is not required pursuant to NRS 706.881:

     1.  Except as otherwise provided in subsection 4, if a vehicle acquired for use as a taxicab by a certificate holder pursuant to paragraph (a) of subsection 3 has been in operation as a taxicab for 72 months based on the date on which it was originally placed into operation as a taxicab, the certificate holder shall remove the vehicle from operation as a taxicab.

     2.  Except as otherwise provided in subsection 4, if a vehicle acquired for use as a taxicab by a certificate holder pursuant to paragraph (b) of subsection 3 has been in operation as a taxicab for 55 months based on the date on which it was originally placed into operation as a taxicab, the certificate holder shall remove the vehicle from operation as a taxicab.

     3.  Any vehicle which a certificate holder acquires for use as a taxicab must:

     (a) Be new; or

     (b) Register not more than 30,000 miles on the odometer.

 


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ê2011 Statutes of Nevada, Page 2654 (Chapter 441, SB 320)ê

 

     4.  If a hybrid electric vehicle, as defined in 40 C.F.R. § 86.1702-99, is acquired for use as a taxicab by a certificate holder, the period of operation as a taxicab specified in subsections 1 and 2 shall be extended for an additional 24 months for that vehicle.

     Sec. 4.7.  1.  If the Authority imposes an administrative fine pursuant to NRS 706.476 or 706.771 in an amount greater than $100, the person who is responsible for payment of the administrative fine shall:

     (a) Pay to the Authority the full amount of the administrative fine and any other costs related to the administrative fine owed by that person; or

     (b) If the person is unable to pay the full amount owed, enter into a plan of repayment with the Authority for the payment over time of the administrative fine.

     2.  The Authority shall, within 20 days after imposing an administrative fine pursuant to NRS 706.476 or 706.771, provide notice by first-class mail to the person against whom the administrative fine is imposed. The notice must include a statement:

     (a) Of the amount of the administrative fine and any other costs which must be paid to the Authority;

     (b) That the person must, within 14 days after receiving the notice:

           (1) Pay to the Authority the full amount of the administrative fine and any other costs; or

           (2) If a plan of repayment has been approved by the Authority, comply with the terms of the plan of repayment; and

     (c) That the Authority is required to notify the Department of Motor Vehicles of the failure to pay the amount owed and that the Department may suspend the driver’s license of the person for failure to pay the administrative fine and any other costs.

     3.  The Authority shall provide to the Department of Motor Vehicles the name of a person to whom a notice is sent pursuant to subsection 2 and the date on which the notice was sent.

     4.  The Authority shall, within 5 days after receiving payment from a person or approving a plan of repayment, notify the Department of Motor Vehicles that the person has satisfied the requirements for payment of the administrative fine and any other costs owed by the person.

     5.  The provisions of this section do not relieve the Authority of any obligation to notify the State Controller of any debt that is past due pursuant to chapter 353C of NRS.

     Sec. 5.  NRS 706.011 is hereby amended to read as follows:

     706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2 to 4.7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

     Sec. 6.  NRS 706.158 is hereby amended to read as follows:

     706.158  The provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 4.7, inclusive, of this act relating to brokers do not apply to any person whom the Authority determines is:

     1.  A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance;

     2.  A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or

 


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ê2011 Statutes of Nevada, Page 2655 (Chapter 441, SB 320)ê

 

     3.  A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.

     Sec. 7.  NRS 706.163 is hereby amended to read as follows:

     706.163  The provisions of NRS 706.011 to 706.861, inclusive, and sections 2 to 4.7, inclusive, of this act do not apply to vehicles leased to or owned by:

     1.  The Federal Government or any instrumentality thereof.

     2.  Any state or a political subdivision thereof.

     Sec. 8.  NRS 706.2885 is hereby amended to read as follows:

     706.2885  1.  A certificate of public convenience and necessity, permit or license issued in accordance with this chapter is not a franchise and may be revoked.

     2.  The Authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 4.7, inclusive, of this act for a period not to exceed 60 days.

     3.  Upon receipt of a written complaint or on its own motion, the Authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes the grantee’s interest in the certificate, permit or license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.

     4.  The proceedings thereafter are governed by the provisions of chapter 233B of NRS.

     Sec. 8.7.  (Deleted by amendment.)

     Sec. 9.  NRS 706.736 is hereby amended to read as follows:

     706.736  1.  Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 4.7, inclusive, of this act do not apply to:

     (a) The transportation by a contractor licensed by the State Contractors’ Board of the contractor’s own equipment in the contractor’s own vehicles from job to job.

     (b) Any person engaged in transporting the person’s own personal effects in the person’s own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

     (c) Special mobile equipment.

     (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

     (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

     (f) A private motor carrier of property which is used to attend livestock shows and sales.

 


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ê2011 Statutes of Nevada, Page 2656 (Chapter 441, SB 320)ê

 

     (g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.

     2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

     (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

     (b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.

     (c) All standards adopted by regulation pursuant to NRS 706.173.

     3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:

     (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

     (b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

     4.  Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the person’s actual operation as prescribed in this chapter, computed from the date when that operation began.

     5.  As used in this section, “private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.

     Sec. 10.  NRS 706.756 is hereby amended to read as follows:

     706.756  1.  Except as otherwise provided in subsection 2, any person who:

     (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 to 4.7, inclusive, of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

     (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 to 4.7, inclusive, of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 to 4.7, inclusive, of this act;

     (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 to 4.7, inclusive, of this act;

     (d) Fails to obey any order, decision or regulation of the Authority or the Department;

     (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

 


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ê2011 Statutes of Nevada, Page 2657 (Chapter 441, SB 320)ê

 

     (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 to 4.7, inclusive, of this act;

     (g) Advertises as providing:

           (1) The services of a fully regulated carrier; or

           (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

     (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

     (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

     (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

     (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

     (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

     (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

     2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

     (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

     (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

     3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

     4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

 


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ê2011 Statutes of Nevada, Page 2658 (Chapter 441, SB 320)ê

 

     5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

     6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

     Sec. 10.1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

     It is unlawful for a short-term lessor to offer, arrange for or allow the use of a paid driver whether directly or through an affiliated person.

     Sec. 10.3.  Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Upon receipt of notice from the Nevada Transportation Authority pursuant to section 4.7 of this act regarding a driver’s delinquency with respect to the payment of an administrative fine and any other costs owed to the Authority pursuant to NRS 706.476 or 706.771, the Department shall notify the driver by mail that his or her driver’s license is subject to suspension and allow the driver 30 days after the date of mailing the notice to:

     (a) Pay to the Authority the delinquent administrative fine and any other costs or comply with a plan of repayment approved pursuant to section 4.7 of this act; or

     (b) Make a written request to the Department for a hearing.

     2.  If notified by the Nevada Transportation Authority, within 30 days after the notice of a delinquency in the payment of an administrative fine, that a driver has entered into a plan for repayment approved pursuant to section 4.7 of this act, the Department shall stop the suspension of the driver’s license from going into effect. If the driver subsequently defaults on the plan of repayment with the Authority, the Authority shall notify the Department, which shall immediately suspend the driver’s license until the Authority notifies the Department that the license is eligible for reinstatement.

     3.  The Department shall suspend the driver’s license of a driver 31 days after it mails the notice provided for in subsection 1 to the driver, unless within that time it has received a written request for a hearing from the driver or notice from the Nevada Transportation Authority that the driver has paid the administrative fine and any other costs or complied with a plan of repayment approved pursuant to section 4.7 of this act. A license so suspended remains suspended until:

     (a) The Authority notifies the Department that the license is eligible for reinstatement; and

     (b) The Department receives payment of the fee for reinstatement required by NRS 483.410.

     Sec. 10.5.  NRS 483.010 is hereby amended to read as follows:

     483.010  The provisions of NRS 483.010 to 483.630, inclusive, and section 10.3 of this act may be cited as the Uniform Motor Vehicle Drivers’ License Act.

     Sec. 10.6.  NRS 483.015 is hereby amended to read as follows:

     483.015  Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 10.3 of this act apply only with respect to noncommercial drivers’ licenses.

 


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ê2011 Statutes of Nevada, Page 2659 (Chapter 441, SB 320)ê

 

     Sec. 10.7.  NRS 483.020 is hereby amended to read as follows:

     483.020  As used in NRS 483.010 to 483.630, inclusive, and section 10.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.

     Sec. 10.9.  NRS 483.420 is hereby amended to read as follows:

     483.420  1.  The Department is hereby authorized to cancel any driver’s license upon determining that the licensee was not entitled to the issuance thereof pursuant to NRS 483.010 to 483.630, inclusive, and section 10.3 of this act or that the licensee failed to give the required or correct information in his or her application or committed any fraud in making an application.

     2.  Upon cancellation of a driver’s license pursuant to subsection 1, the licensee shall surrender the license cancelled to the Department.

     3.  The Department is authorized to cancel any license that is voluntarily surrendered to the Department.

     Sec. 11.  1.  This act becomes effective:

     (a) Upon passage and approval for the purposes of adopting regulations or performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

     (b) On October 1, 2011, for all other purposes.

     2.  Sections 3 and 4 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.

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ê2011 Statutes of Nevada, Page 2660ê

 

CHAPTER 442, SB 340

Senate Bill No. 340–Senators Breeden and Wiener

 

CHAPTER 442

 

[Approved: June 16, 2011]

 

AN ACT relating to public health; requiring the Department of Health and Human Services to collect information from hospitals and surgical centers for ambulatory patients relating to physicians who perform surgical procedures to the extent that money is available; requiring the Department to post such information on an Internet website if available; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Sections 1 and 2 of this bill require the Department of Health and Human Services to collect and maintain information, to the extent that money is available for that purpose, from hospitals and surgical centers for ambulatory patients concerning the names of physicians who perform surgical procedures and other data relating to those surgical procedures as part of the programs established by the Department to increase public awareness of health care information. Section 3 of this bill requires the Department to post that information on an Internet website if that information is available.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 439A.220 is hereby amended to read as follows:

     439A.220  1.  The Department shall establish and maintain a program to increase public awareness of health care information concerning the hospitals in this State. The program must be designed to assist consumers with comparing the quality of care provided by the hospitals in this State and the charges for that care.

     2.  The program must include, without limitation, the collection, maintenance and provision of information concerning:

     (a) Inpatients and outpatients of each hospital in this State as reported in the forms submitted pursuant to NRS 449.485;

     (b) The quality of care provided by each hospital in this State as determined by applying uniform measures of quality prescribed by the Department pursuant to NRS 439A.230;

     (c) How consistently each hospital follows recognized practices to prevent the infection of patients, to speed the recovery of patients and to avoid medical complications of patients;

     (d) For each hospital, the total number of patients discharged, the average length of stay and the average billed charges, reported for the 50 most frequent diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers; [and]

     (e) To the extent that money is available for that purpose, for each hospital, the name of each physician who performed a surgical procedure in the hospital and the total number of surgical procedures performed by the physician, reported by diagnosis-related group if the information is available and by principal diagnosis, principal surgical procedure and secondary surgical procedure; and

 


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ê2011 Statutes of Nevada, Page 2661 (Chapter 442, SB 340)ê

 

the physician, reported by diagnosis-related group if the information is available and by principal diagnosis, principal surgical procedure and secondary surgical procedure; and

     (f) Any other information relating to the charges imposed and the quality of the services provided by the hospitals in this State which the Department determines is:

          (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

     Sec. 2.  NRS 439A.240 is hereby amended to read as follows:

     439A.240  1.  The Department shall establish and maintain a program to increase public awareness of health care information concerning the surgical centers for ambulatory patients in this State. The program must be designed to assist consumers with comparing the quality of care provided by the surgical centers for ambulatory patients in this State and the charges for that care.

     2.  The program must include, without limitation, the collection, maintenance and provision of information concerning:

     (a) The charges imposed on outpatients by each surgical center for ambulatory patients in this State as reported in the forms submitted pursuant to NRS 439A.250;

     (b) The quality of care provided by each surgical center for ambulatory patients in this State as determined by applying uniform measures of quality prescribed by the Department pursuant to NRS 439A.250;

     (c) How consistently each surgical center for ambulatory patients follows recognized practices to prevent the infection of patients, to speed the recovery of patients and to avoid medical complications of patients;

     (d) For each surgical center for ambulatory patients, the total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers; [and]

     (e) To the extent that money is available for that purpose, for each surgical center for ambulatory patients, the name of each physician who performed a surgical procedure in the surgical center for ambulatory patients and the total number of surgical procedures performed by the physician, reported by type of medical treatment, principal diagnosis and, if the information is available, by principal surgical procedure and secondary surgical procedure; and

     (f) Any other information relating to the charges imposed and the quality of the services provided by the surgical centers for ambulatory patients in this State which the Department determines is:

           (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     Sec. 3.  NRS 439A.270 is hereby amended to read as follows:

     439A.270  1.  The Department shall establish and maintain an Internet website that includes the information concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to NRS 439A.220 and 439A.240.

 


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ê2011 Statutes of Nevada, Page 2662 (Chapter 442, SB 340)ê

 

the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to NRS 439A.220 and 439A.240. The information must:

     (a) Include, for each hospital in this State, the [total] :

           (1) Total number of patients discharged, the average length of stay and the average billed charges, reported for the 50 most frequent diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

           (2) Name of each physician who performed a surgical procedure in the hospital and the total number of surgical procedures performed by each physician in the hospital, reported for the most frequent surgical procedures that the Department determines are most useful for consumers if the information is available;

     (b) Include, for each surgical center for ambulatory patients in this State, the [total] :

           (1) Total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

           (2) Name of each physician who performed a surgical procedure in the surgical center for ambulatory patients and the total number of surgical procedures performed by each physician in the surgical center for ambulatory patients, reported for the most frequent surgical procedures that the Department determines are most useful for consumers;

     (c) Be presented in a manner that allows a person to view and compare the information for the hospitals by:

           (1) Geographic location of each hospital;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (d) Be presented in a manner that allows a person to view and compare the information for the surgical centers for ambulatory patients by:

           (1) Geographic location of each surgical center for ambulatory patients;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (e) Be presented in a manner that allows a person to view and compare the information separately for:

           (1) The inpatients and outpatients of each hospital; and

           (2) The outpatients of each surgical center for ambulatory patients;

     (f) Be readily accessible and understandable by a member of the general public;

     (g) Include the annual summary of reports of sentinel events prepared pursuant to paragraph (d) of subsection 1 of NRS 439.840; and

     (h) Provide any other information relating to the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State which the Department determines is:

           (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     2.  The Department shall:

 


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ê2011 Statutes of Nevada, Page 2663 (Chapter 442, SB 340)ê

 

     (a) Publicize the availability of the Internet website;

     (b) Update the information contained on the Internet website at least quarterly;

     (c) Ensure that the information contained on the Internet website is accurate and reliable;

     (d) Ensure that the information contained on the Internet website is aggregated so as not to reveal the identity of a specific inpatient or outpatient of a hospital;

     (e) Post a disclaimer on the Internet website indicating that the information contained on the website is provided to assist with the comparison of hospitals and is not a guarantee by the Department or its employees as to the charges imposed by the hospitals in this State or the quality of the services provided by the hospitals in this State, including, without limitation, an explanation that the actual amount charged to a person by a particular hospital may not be the same charge as posted on the website for that hospital;

     (f) Provide on the Internet website established pursuant to this section a link to the Internet website of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and

     (g) Upon request, make the information that is contained on the Internet website available in printed form.

     3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

________

 


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ê2011 Statutes of Nevada, Page 2664ê

 

CHAPTER 443, SB 370

Senate Bill No. 370–Senators Horsford and Leslie

 

Joint Sponsors: Assemblymen Frierson; and Horne

 

CHAPTER 443

 

[Approved: June 16, 2011]

 

AN ACT relating to child welfare; providing for elementary schools to develop academic plans for foster children enrolled in elementary schools to assist such children in achieving academic success; requiring the licensee of a foster home to obtain a written explanation of the need for and effect of any prescription medication provided to a foster child; requiring the Department of Corrections to allow a prisoner who has a child that has been placed in foster care to maintain contact with the child in certain circumstances; providing for the use of telecommunications devices by prisoners for that purpose; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires an academic plan for pupils in middle school or junior high school and a 4-year academic plan for pupils in ninth grade. (NRS 388.165, 388.205) Section 8 of this bill requires the board of trustees of each school district to adopt a policy for each elementary school in the district to develop an academic plan for each foster child enrolled in the elementary school whom the school district is informed is enrolled in the school. The academic plan must be reviewed at least annually, and a new plan must be developed for any pupil who transfers to an elementary school whom the school is informed is a foster child. The academic plan must be developed with the goal of the child achieving academic success. Section 2 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to ensure that a school district is informed when a foster child is enrolled in a school in the school district so that an academic plan may be developed for the foster child. Section 5 of this bill requires that a copy of the academic plan be submitted to the court with jurisdiction over the child during the biennial review of the placement of the child.

       Section 3 of this bill requires a licensee of a foster home to obtain a written explanation from a medical professional who provides a prescription for medication for a foster child. The explanation must include the need for the medication and the effect of the medication on the child. Section 5 requires that a copy of any such explanations be submitted to the court with jurisdiction over the child during the biennial review of the placement of the child.

       Section 6 of this bill requires the Department of Corrections to allow a prisoner whose child has been placed with someone other than a parent to maintain contact with the child if the child is willing to maintain such contact and the contact is not prohibited by law, by order of the court or by regulations of the Department. The Department is further required to allow such a prisoner to videoconference with the child if such equipment is available. Section 6.3 of this bill authorizes a prisoner to use approved telecommunications devices subject to any limitations to engage in such communications with his or her child. Section 6.7 allows communications by a prisoner using telecommunications devices to be intercepted in certain circumstances.

 


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ê2011 Statutes of Nevada, Page 2665 (Chapter 443, SB 370)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  The Division shall adopt regulations to ensure:

     1.  That a school district is informed when a foster child is enrolled in an elementary school within the school district so that the elementary school may prepare an academic plan for the child as required pursuant to section 8 of this act.

     2.  That the licensing authority receives a copy of an academic plan prepared for a foster child pursuant to NRS 388.165 or 388.205 or section 8 of this act.

     Sec. 3.  1.  A licensee that operates a foster home who obtains a prescription for medication for a child that has been placed in the foster home shall request the physician or other medical professional who prescribes the medication to provide a written explanation about the need for the medication and the affect of the medication on the child.

     2.  The licensee shall provide to the licensing authority a copy of any explanation about prescription medication received pursuant to subsection 1.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  NRS 432B.580 is hereby amended to read as follows:

     432B.580  1.  Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

     2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:

     (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation . [; and]

     (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:

           (1) Whether the child was placed together with the siblings;

           (2) Any efforts made by the agency to have the child placed together with the siblings;

           (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and

           (4) If the child is not placed together with the siblings:

                (I) The reasons why the child is not placed together with the siblings; and

                (II) A plan for the child to visit the siblings, which must be approved by the court.

     (c) A copy of an academic plan developed for the child pursuant to NRS 388.165 or 388.205 or section 8 of this act.

 


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ê2011 Statutes of Nevada, Page 2666 (Chapter 443, SB 370)ê

 

     (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to section 3 of this act.

     3.  Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.

     4.  After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.

     5.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

     6.  Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:

     (a) All the parties to any of the prior proceedings; and

     (b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child.

Ê Notice of the hearing need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

     7.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 an opportunity to be heard at the hearing.

     8.  The court or panel shall review:

     (a) The continuing necessity for and appropriateness of the placement;

     (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

     (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

     (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship.

     9.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.

     Sec. 6.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided by law, by order of the court or by regulations of the Department, the Director shall allow a prisoner to maintain contact with a child of the prisoner who has been placed with someone other than a parent of the child if the child is willing to maintain such contact. Any such contact must be in accordance with regulations adopted by the Department.

 


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ê2011 Statutes of Nevada, Page 2667 (Chapter 443, SB 370)ê

 

     2.  The Director must allow a prisoner to videoconference with his or her child if such equipment is available.

     Sec. 6.3.  NRS 209.417 is hereby amended to read as follows:

     209.417  1.  Except as otherwise provided in subsection 2, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility has access to a telecommunications device.

     2.  An offender may use a telephone or, for the purpose of communicating with his or her child pursuant to section 6 of this act, any other approved telecommunications device subject to the limitations set forth in NRS 209.419.

     3.  As used in this section, “telecommunications device” means a device, or an apparatus associated with a device, that can enable an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer that is connected to a computer network, is capable of connecting to a computer network through the use of wireless technology or is otherwise capable of communicating with a person or device outside of the institution or facility.

     Sec. 6.7.  NRS 209.419 is hereby amended to read as follows:

     209.419  1.  Communications made by an offender on any telephone or other telecommunications device in an institution or facility to any person outside the institution or facility may be intercepted if:

     (a) The interception is made by an authorized employee of the Department; and

     (b) Signs are posted near all telephones and other telecommunications devices in the institution or facility indicating that communications may be intercepted.

     2.  The Director shall provide notice or cause notice to be provided to both parties to a communication which is being intercepted pursuant to subsection 1, indicating that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties during the communication shall be deemed notice to both parties that the communication is being intercepted.

     3.  The Director shall adopt regulations providing for an alternate method of communication for those communications by offenders which are confidential.

     4.  Except as otherwise provided in NRS 239.0115, a communication made by an offender is confidential if it is made to:

     (a) A federal or state officer.

     (b) A local governmental officer who is at some time responsible for the custody of the offender.

     (c) An officer of any court.

     (d) An attorney who has been admitted to practice law in any state or is employed by a recognized agency providing legal assistance.

     (e) A reporter or editorial employee of any organization that reports general news including, but not limited to, any wire service or news service, newspaper, periodical, press association or radio or television station.

     (f) The Director.

     (g) Any other employee of the Department whom the Director may, by regulation, designate.

 


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ê2011 Statutes of Nevada, Page 2668 (Chapter 443, SB 370)ê

 

     5.  Reliance in good faith on a request or order from the Director or the Director’s authorized representative constitutes a complete defense to any action brought against any public utility intercepting or assisting in the interception of communications made by offenders pursuant to subsection 1.

     6.  As used in this section, “telecommunications device” has the meaning ascribed to it in NRS 209.417.

     Sec. 7.  (Deleted by amendment.)

     Sec. 8.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The board of trustees of each school district shall adopt a policy for each elementary school in the school district to develop an academic plan for each pupil enrolled in the elementary school for whom the school is informed is a foster child. An academic plan must include consideration of the unique circumstances and educational background of the child and be developed with the goal of achieving academic success.

     2.  An academic plan must be reviewed and revised each year with appropriate modifications for the grade level of the pupil. A new academic plan must be developed for any pupil who transfers to an elementary school for whom the school is informed is a foster child.

     3.  An academic plan for a pupil must be used as a guide to plan, monitor and manage the pupil’s educational development and make determinations of any assistance that may be necessary to the academic success of the pupil.

     Sec. 9.  This act becomes effective on July 1, 2011.

________

CHAPTER 444, SB 371

Senate Bill No. 371– Senators Cegavske; Horsford and Leslie

 

CHAPTER 444

 

[Approved: June 16, 2011]

 

AN ACT relating to children; requiring the nomination and appointment of a person who is legally responsible for the psychiatric care of a child who is placed in the custody of an agency which provides child welfare services; establishing the duties and responsibilities of such a legally responsible person; revising provisions governing the provision of psychiatric care to children in the custody of agencies which provide child welfare services; revising provisions relating to the health care records of children who are placed in the custody of such an agency; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, each agency which provides child welfare services is required to establish appropriate policies to ensure that children in the custody of the agency have timely access to clinically appropriate psychotropic medication. (NRS 432B.197) Sections 2-7 of this bill require the appointment of a person who is legally responsible for the psychiatric care of each child who is in the custody of such an agency and who requires psychiatric care, including making all decisions concerning services, treatment and psychotropic medications provided to such children.

 


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ê2011 Statutes of Nevada, Page 2669 (Chapter 444, SB 371)ê

 

       Section 3 of this bill requires an agency which provides child welfare services to nominate a person who is legally responsible for the psychiatric care of a child who is in the custody of the agency and who requires psychiatric care. The court with jurisdiction over the child is required pursuant to section 7 of this bill to appoint a person who is legally responsible for the psychiatric care of the child. The court may appoint the person nominated by the agency or may appoint any other person who the court determines is qualified to carry out the duties and responsibilities of a person who is legally responsible for the psychiatric care of the child. To the extent that a parent or legal guardian of the child is able and willing to serve as the person who is legally responsible for the psychiatric care of the child, the parent or guardian must be nominated and appointed pursuant to this bill.

       Section 4 of this bill requires the person who is legally responsible for the psychiatric care of a child to provide written consent or, in writing, deny consent for each appointment or for a course of routine treatment for psychiatric care of the child and to maintain current information concerning the medical history and the emotional, behavioral and educational needs of the child. Section 4 also requires the person who is legally responsible for the psychiatric care of a child to notify the parent or legal guardian, if applicable, and the agency which provides child welfare services of each appointment.

       Section 5 of this bill requires the person who is legally responsible for the psychiatric care of a child to approve or deny the administration of each psychotropic medication recommended for the child and to provide notice of the approval or denial. Sections 5 and 9 of this bill prohibit the administration of a psychotropic medication to a child in the custody of an agency without consent from the person who is legally responsible for the psychiatric care of the child. Section 5.5 of this bill sets forth circumstances in which a child in the custody of an agency which provides child welfare services may be administered a psychotropic medication without the approval of the person who is legally responsible for the psychiatric care of the child, including in cases of emergency.

       Section 14 of this bill requires certain providers of health care to obtain written consent from a person who is legally responsible for the psychiatric care of a child before providing psychiatric care to a child in the custody of an agency which provides child welfare services and requires the provider of health care to keep a copy of the consent in the health care record of the child.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

     Sec. 2.  As used in NRS 432B.197 and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.3 and 2.5 of this act have the meanings ascribed to them in those sections.

     Sec. 2.3.  “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433A.018.

     Sec. 2.5.  “Psychiatric care” means the provision of psychiatric services and psychiatric treatment and the administration of psychotropic medication.

     Sec. 2.7.  The provisions of NRS 432B.197 and sections 2 to 6, inclusive, of this act, do not relieve an agency which provides child welfare services of any responsibility of the agency relating to the general health and well-being of a child in the custody of the agency.

 


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ê2011 Statutes of Nevada, Page 2670 (Chapter 444, SB 371)ê

 

     Sec. 3.  1.  If a child who is in the custody of an agency which provides child welfare services has a prescription for a psychotropic medication upon entering the custody of the agency or if the agency determines that a child may be in need of psychiatric care, the agency shall nominate, pending appointment by a court pursuant to section 7 of this act, a person who is legally responsible for the psychiatric care of the child. A person nominated pursuant to this subsection shall be deemed to be the person who is legally responsible for the psychiatric care of the child pending approval by a court pursuant to section 7 of this act.

     2.  Upon nominating a person who is legally responsible for the psychiatric care of a child pursuant to this section, the agency which provides child welfare services shall petition the court with jurisdiction over the child for the appointment of the nominee as the person who is legally responsible for the psychiatric care of the child. A petition filed pursuant to this subsection may be heard by the court at the next hearing of the court conducted pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act or at a hearing for the express purpose of appointing a person pursuant to section 7 of this act.

     3.  The person who is legally responsible for the psychiatric care of a child may be a parent or legal guardian of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:

     (a) The attorney for the child;

     (b) The guardian ad litem of the child;

     (c) The foster parent or other provider of substitute care for the child;

     (d) An employee of the agency which provides child welfare services; or

     (e) Any other person who a court determines is qualified to carry out the duties and responsibilities prescribed by NRS 432B.197 and sections 2 to 6, inclusive, of this act and any policies adopted pursuant thereto,

Ê who is appointed by a court pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act.

     Sec. 4.  1.  A person who is legally responsible for the psychiatric care of a child who is in the custody of an agency which provides child welfare services is responsible for the procurement and oversight of all psychiatric care for the child and shall make all decisions relating to the psychiatric care and related treatment of the child, including, without limitation, the approval of all psychiatric services, psychiatric treatment and psychotropic medication that may be administered to the child.

     2.  A person who is appointed to be legally responsible for the psychiatric care of a child shall:

     (a) To the extent that such information is available, maintain current information concerning the medical history of the child, including, without limitation:

           (1) All known allergies of the child;

           (2) Past and current illnesses and treatments of the child;

           (3) Past and current psychiatric history and treatments of the child;

           (4) Past and current psychiatric history of the family of the child; and

           (5) Any other information which is necessary to make decisions relating to the medical treatment of the child.

 


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ê2011 Statutes of Nevada, Page 2671 (Chapter 444, SB 371)ê

 

     (b) Maintain current information concerning the emotional, behavioral, educational and related needs of the child.

     (c) Attend each visit of the child to receive psychiatric care or be available by telephone to discuss the visit with the person professionally qualified in the field of psychiatric mental health who treats the child.

     3.  Except as otherwise provided in this subsection, a person who is legally responsible for the psychiatric care of a child shall provide written consent or, in writing, deny consent for each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child. Written consent is not required for each visit if the visit is part of the routine care of the child and the written consent approves such routine care. Written consent for routine care may be revoked at any time.

     4.  Written consent provided pursuant to subsection 3 must include, without limitation:

     (a) The name and address of the person with whom the child currently resides or the name and location of the agency which provides child welfare services where the child currently resides;

     (b) The name of the person who is legally responsible for the psychiatric care of the child;

     (c) The name of the person professionally qualified in the field of psychiatric mental health who treats the child;

     (d) The date, time and location of the visit or, if the consent is for routine visits, the frequency and duration of the routine visits; and

     (e) If the person who is legally responsible for the psychiatric care of the child does not attend a visit, a written statement that the person is aware of and is available to discuss the visit and the treatment recommended for the child with the person professionally qualified in the field of psychiatric mental health.

     5.  A person who is legally responsible for the psychiatric care of a child shall, not less than 1 week before each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child, notify:

     (a) The agency which provides child welfare services that has custody of the child; and

     (b) If the person is not the parent or legal guardian of the child, the parent or legal guardian,

Ê of the date, time and location of each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child. Unless a court order prohibits such visitation, a parent or legal guardian of the child may attend each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child.

     Sec. 5.  1.  A person who is legally responsible for the psychiatric care of a child who is in the custody of an agency which provides child welfare services shall approve or deny the administration of a psychotropic medication to the child:

     (a) After considering the purpose, benefits, risks, alternatives, side effects and complications of each psychotropic medication recommended by the person professionally qualified in the field of psychiatric mental health who treats the child;

 


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ê2011 Statutes of Nevada, Page 2672 (Chapter 444, SB 371)ê

 

     (b) After considering any additional information provided by the person professionally qualified in the field of psychiatric mental health who treats the child;

     (c) After considering the possible clinical indications to suspend or terminate the psychotropic medication and the potential consequences of such an action; and

     (d) In accordance with the policies adopted by the agency which provides child welfare services pursuant to NRS 432B.197.

     2.  If a person who is legally responsible for the psychiatric care of a child:

     (a) Approves the administration of a psychotropic medication to the child, the person shall provide written consent to the person professionally qualified in the field of psychiatric mental health, the agency which provides child welfare services and the foster parent or other provider of substitute care for the child for the administration of the psychotropic medication. The written consent must include:

           (1) The name of the child;

           (2) The name, address and telephone number of the person who is legally responsible for the psychiatric care of the child;

           (3) The name, purpose and expected time frame for improvement for each medication;

           (4) The dosage, times of administration and, if applicable, the number of units at each administration of the medication which may be administered to the child;

           (5) The duration of the course of treatment for the administration of the medication;

           (6) A description of the possible risks, side effects interactions with other medications or foods, and complications of the medication; and

           (7) If applicable, the specific authorization required by subsection 4.

     (b) Denies the administration of a psychotropic medication to the child, the person shall provide written notice of the denial to the agency which provides child welfare services.

     3.  Except as otherwise provided in section 5.5 of this act, the foster parent or other provider of substitute care for a child in the custody of an agency which provides child welfare services shall not administer a psychotropic medication to the child unless:

     (a) The person who is legally responsible for the psychiatric care of the child has consented to the administration of the medication; and

     (b) The psychotropic medication is administered in accordance with the consent of the person who is legally responsible for the psychiatric care of the child.

     4.  The person who is legally responsible for the psychiatric care of a child must, in addition to providing written consent for the administration of a psychotropic medication, specifically approve:

     (a) The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

     (b) The prescribing of any psychotropic medication for use by a child who is less than 4 years of age;

 


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     (c) The concurrent use by a child of three or more classes of psychotropic medication; and

     (d) The concurrent use by a child of two psychotropic medications of the same class.

     Sec. 5.5.  1.  An agency which provides child welfare services may allow the administration of, and a foster parent or other provider of substitute care for a child in the custody of an agency which provides child welfare services may administer, a psychotropic medication to a child without obtaining consent from a person who is legally responsible for the psychiatric care of the child if:

     (a) The child has a prescription for a psychotropic medication upon entering the custody of the agency and the agency continues administering the psychotropic medication in accordance with that prescription; or

     (b) A physician determines that an emergency exists which requires the immediate administration of a psychotropic medication before consent may be obtained from the person who is legally responsible for the psychiatric care of the child. The agency which provides child welfare services shall obtain documentation, which may include an incident report or other documentation which demonstrates that an emergency existed, regarding the circumstances surrounding the administration of the psychotropic medication.

     2.  If a psychotropic medication is administered pursuant to this section, the agency which provides child welfare services shall take reasonable efforts, as soon as practicable, to notify the parent or legal guardian of the child and the person who is legally responsible for the psychiatric care of the child of the administration of the psychotropic medication.

     Sec. 6.  (Deleted by amendment.)

     Sec. 7.  If proceedings pursuant to this chapter involve the protection of a child who requires psychiatric care, including, without limitation, any child who is administered a psychotropic medication, the court shall appoint the parent or legal guardian of the child as the person who is legally responsible for the psychiatric care of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:

     1.  The person nominated by the agency which provides child welfare services pursuant to section 3 of this act; or

     2.  Any other person who the court determines is qualified to carry out the duties and responsibilities of a person who is legally responsible for the psychiatric care of the child.

     Sec. 8.  NRS 432B.190 is hereby amended to read as follows:

     432B.190  The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

     1.  Regulations establishing reasonable and uniform standards for:

     (a) Child welfare services provided in this State;

     (b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

     (c) The development of local councils involving public and private organizations;

     (d) Reports of abuse or neglect, records of these reports and the response to these reports;

 


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     (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

     (f) The management and assessment of reported cases of abuse or neglect;

     (g) The protection of the legal rights of parents and children;

     (h) Emergency shelter for a child;

     (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

     (j) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:

           (1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

           (2) The procedures for taking a child for placement in protective custody; and

           (3) The state and federal legal rights of:

                (I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and

                (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act during all stages of the proceeding; and

     (k) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.

     2.  Regulations, which are applicable to any person who is authorized to place a child in protective custody without the consent of the person responsible for the child’s welfare, setting forth reasonable and uniform standards for establishing whether immediate action is necessary to protect the child from injury, abuse or neglect for the purposes of determining whether to place the child into protective custody pursuant to NRS 432B.390. Such standards must consider the potential harm to the child in remaining in his or her home, including, without limitation:

     (a) Circumstances in which a threat of harm suggests that a child is in imminent danger of serious harm.

     (b) The conditions or behaviors of the child’s family which threaten the safety of the child who is unable to protect himself or herself and who is dependent on others for protection, including, without limitation, conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent threat of serious harm to the child.

 


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Ê The Division of Child and Family Services shall ensure that the appropriate persons or entities to whom the regulations adopted pursuant to this subsection apply are provided with a copy of such regulations. As used in this subsection, “serious harm” includes the threat or evidence of serious physical injury, sexual abuse, significant pain or mental suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.

     3.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive [.] , and sections 2 to 7, inclusive, of this act.

     Sec. 9.  NRS 432B.197 is hereby amended to read as follows:

     432B.197  1.  Each agency which provides child welfare services shall establish appropriate policies to ensure that children in the custody of the agency have timely access to and safe administration of clinically appropriate psychotropic medication. The policies must include, without limitation, policies concerning:

     [1.] (a) The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

     [2.] (b) Prescribing any psychotropic medication for use by a child who is less than 4 years of age;

     [3.] (c) The concurrent use by a child of three or more classes of psychotropic medication; [and

     4.] (d) The concurrent use by a child of two psychotropic medications of the same class [.] ; and

     (e) The criteria for nominating persons who are legally responsible for the psychiatric care of children in the custody of agencies which provide child welfare services pursuant to NRS 432B.197 and sections 2 to 6, inclusive, of this act and the policies adopted pursuant thereto.

     2.  Except as otherwise provided in section 5.5 of this act, an agency which provides child welfare services shall not allow the administration of a psychotropic medication to a child in the custody of the agency unless:

     (a) The person who is legally responsible for the psychiatric care of the child has consented to the administration of the medication; and

     (b) The psychotropic medication is administered in accordance with the consent of the person who is legally responsible for the psychiatric care of the child.

     3.  An agency which provides child welfare services shall, at least quarterly, review the records for each child in the custody of the agency who is administered a psychotropic medication to determine whether the medication is being administered in accordance with NRS 432B.197 and sections 2 to 6, inclusive, of this act and the policies adopted pursuant thereto. The agency may use the results of the quarterly reviews to determine whether the placement of the child should be continued.

     Sec. 10.  NRS 432B.430 is hereby amended to read as follows:

     432B.430  1.  Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is 400,000 or more:

 


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     (a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act, other than a hearing held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 or a hearing held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately, must be open to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be closed to the general public because such closure is in the best interests of the child who is the subject of the proceeding. In determining whether closing all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child.

     (b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be closed to the general public:

           (1) The judge or master must make specific findings of fact to support such a determination; and

           (2) The general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     (c) Any proceeding held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 and any proceeding held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child. If the judge or master determines pursuant to this paragraph that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination. Unless the judge or master determines pursuant to this paragraph that all or part of a proceeding described in this paragraph must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     2.  Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is less than 400,000:

     (a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master shall consider and give due weight to the desires of that child.

     (b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.

 


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ê2011 Statutes of Nevada, Page 2677 (Chapter 444, SB 371)ê

 

     (c) Unless the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     3.  Except as otherwise provided in subsection 4 and NRS 432B.457, in a proceeding held pursuant to NRS 432B.470, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     4.  In conducting a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act, a judge or master shall keep information confidential to the extent necessary to obtain federal funds in the maximum amount available to this state.

     Sec. 11.  NRS 432B.4675 is hereby amended to read as follows:

     432B.4675  Upon the entry of a final order by the court establishing a guardianship pursuant to NRS 432B.4665:

     1.  The custody of the child by the agency which has legal custody of the child is terminated;

     2.  The proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act terminate; and

     3.  Unless subsequently ordered by the court to assist the court, the following agencies and persons are excused from any responsibility to participate in the guardianship case:

     (a) The agency which has legal custody of the child; [and]

     (b) Any counsel or guardian ad litem appointed by the court to assist in the proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive [.] , and section 7 of this act; and

     (c) Any person nominated or appointed as the person who is legally responsible for the psychiatric care of the child pursuant to section 3 or 7 of this act, respectively.

     Sec. 12.  NRS 62A.380 is hereby amended to read as follows:

     62A.380  1.  In carrying out the objects and purposes of this title, the juvenile court may use the services and facilities of the agency which provides child welfare services.

     2.  The agency which provides child welfare services shall determine the plans, placements and services to be provided to any child pursuant to the provisions of this title, chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive [.] , and sections 2 to 6, inclusive, of this act.

     3.  As used in this section, “agency which provides child welfare services” means:

     (a) In a county whose population is less than 100,000, the local office of the Division of Child and Family Services; or

     (b) In a county whose population is 100,000 or more, the agency of the county,

Ê which provides or arranges for necessary child welfare services.

     Sec. 13.  NRS 433B.130 is hereby amended to read as follows:

     433B.130  1.  The Administrator shall:

     (a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.

     (b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the [policies established pursuant to] provisions of NRS 432B.197 [.]

 


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ê2011 Statutes of Nevada, Page 2678 (Chapter 444, SB 371)ê

 

provisions of NRS 432B.197 [.] and sections 2 to 6, inclusive, of this act and the policies adopted pursuant thereto.

     2.  The Administrator may:

     (a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.

     (b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

     3.  If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.

     4.  The Administrator may accept children referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

     5.  The Administrator may enter into agreements with the Administrator of the Division of Mental Health and Developmental Services of the Department for the care and treatment of clients of the Division of Child and Family Services at any facility operated by the Division of Mental Health and Developmental Services.

     Sec. 14.  Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A provider of health care who is asked to provide psychiatric care to a child who is in the custody of an agency which provides child welfare services shall not examine, treat or otherwise provide psychiatric services to the child unless consent has been obtained from the person who is legally responsible for the psychiatric care of the child pursuant to NRS 432B.197 and sections 2 to 6, inclusive, of this act and the policies adopted pursuant thereto.

     2.  A copy of the written consent required by section 4 of this act must be maintained in the health care record of the child.

     Sec. 15.  NRS 629.031 is hereby amended to read as follows:

     629.031  Except as otherwise provided by a specific statute:

     1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor, athletic trainer, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

     2.  For the purposes of NRS 629.051, 629.061 and 629.065, and section 14 of this act, the term includes a facility that maintains the health care records of patients.

     Sec. 16.  (Deleted by amendment.)

________

 


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ê2011 Statutes of Nevada, Page 2679ê

 

CHAPTER 445, SB 483

Senate Bill No. 483–Committee on Finance

 

CHAPTER 445

 

[Approved: June 16, 2011]

 

AN ACT relating to the Department of Motor Vehicles; authorizing the Department to enter into certain agreements relating to advertising; authorizing the Director of the Department to release certain information to certain persons; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, it is unlawful for any person to erect any bulletin board or other advertising device on the grounds of the State Capitol or on any other state building or property. (NRS 331.200) Section 1 of this bill authorizes the Director of the Department of Motor Vehicles to enter into agreements for the placement of advertising in areas of buildings owned or occupied by the Department. Any money collected by the Department from such advertising must be deposited in the Motor Vehicle Fund and used to offset the costs of communicating with the public. Section 3.5 of this bill requires the Department to make certain reports to the Interim Finance Committee concerning such agreements.

       Existing law prohibits the Director from disclosing certain information, including personally identifiable information, except to certain persons. Section 1.5 of this bill authorizes the Director to disclose certain information to a person who, pursuant to a contract with the Department, requests such information for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for providing information concerning the history of a vehicle.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Director may enter into an agreement with a person for the placement of advertisements in areas of buildings owned or occupied by the Department that are frequented by the public.

     2.  A person who enters into an agreement with the Director pursuant to subsection 1 shall ensure that each advertisement placed pursuant to the agreement does not inhibit or disrupt the functioning of the Department.

     3.  Any money collected by the Department from an agreement entered into pursuant to subsection 1 must be:

     (a) Deposited with the State Treasurer for credit to the Motor Vehicle Fund; and

     (b) Used to offset the costs of communicating with the public.

     4.  The Director may adopt regulations to carry out the provisions of this section.

     Sec. 1.5.  NRS 481.063 is hereby amended to read as follows:

     481.063  1.  The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose.

 


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ê2011 Statutes of Nevada, Page 2680 (Chapter 445, SB 483)ê

 

and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

     2.  Except as otherwise provided in subsection [5,] 6, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

     3.  Except as otherwise provided in [subsection 2,] subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

     (a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

     (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

     (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

     4.  If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

     (a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

     (b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

     5.  Except as otherwise provided in subsections 2 , 4 and [5] 6 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

     [5.] 6.  Except as otherwise provided in paragraph (a) and subsection [6,] 7, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

 


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ê2011 Statutes of Nevada, Page 2681 (Chapter 445, SB 483)ê

 

effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

     (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

     (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

     (c) In connection with matters relating to:

           (1) The safety of drivers of motor vehicles;

           (2) Safety and thefts of motor vehicles;

           (3) Emissions from motor vehicles;

           (4) Alterations of products related to motor vehicles;

           (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

           (6) Monitoring the performance of motor vehicles;

           (7) Parts or accessories of motor vehicles;

           (8) Dealers of motor vehicles; or

           (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

     (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

     (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

     (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

     (g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

     (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

     (i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

     (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

 


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ê2011 Statutes of Nevada, Page 2682 (Chapter 445, SB 483)ê

 

     (k) In the bulk distribution of surveys, marketing material or solicitations, if the Director has adopted policies and procedures to ensure that:

           (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;

           (2) Each person about whom the information is requested has clearly been provided with an opportunity to authorize such a use; and

           (3) If the person about whom the information is requested does not authorize such a use, the bulk distribution will not be directed toward that person.

     [6.] 7.  Except as otherwise provided in paragraph (j) of subsection [5,] 6, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection [5.] 6. Such a person shall keep and maintain for 5 years a record of:

     (a) Each person to whom the information is provided; and

     (b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

     [7.] 8.  Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

     [8.] 9.  Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.

     [9.] 10.  The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

     (a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

     (b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

     (c) Understands that a record will be maintained by the Department of any information he or she requests; and

     (d) Understands that a violation of the provisions of this section is a criminal offense.

     [10.] 11.  It is unlawful for any person to:

     (a) Make a false representation to obtain any information from the files or records of the Department.

     (b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

     [11.] 12.  As used in this section, “personal information” means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability.

 


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ê2011 Statutes of Nevada, Page 2683 (Chapter 445, SB 483)ê

 

number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular accidents or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

     Sec. 2.  NRS 331.200 is hereby amended to read as follows:

     331.200  1.  It shall be unlawful for any person to commit any of the following acts upon the grounds of the State Capitol or of any other state building or property:

     (a) Willfully deface, break down or destroy any fence upon or surrounding such grounds;

     (b) [Erect] Except as otherwise provided in section 1 of this act, erect any bulletin board or other advertising device in or upon such grounds;

     (c) Deposit any garbage, debris or other obstruction in or upon such grounds;

     (d) Injure, break down or destroy any tree, shrub or other thing upon such grounds; or

     (e) Injure the grass upon such grounds by walking upon it.

     2.  Any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed, and in no event less than a misdemeanor.

     Secs. 2.3-2.7.  (Deleted by amendment.)

     Sec. 3.  The amendatory provisions of sections 1 and 2 of this act that concern property occupied by the Department of Motor Vehicles apply only with respect to such property for which:

     1.  The Department entered into a lease on or after the effective date of those sections; or

     2.  The Department entered into a lease before the effective date of those sections that did not prohibit the Department from receiving payment for advertising upon such property.

     Sec. 3.3.  (Deleted by amendment.)

     Sec. 3.5.  The Department of Motor Vehicles shall:

     1.  On or before February 1, 2012, submit a report to the Interim Finance Committee summarizing any agreement entered into pursuant to section 1 of this act. The report must include, without limitation, the terms of the agreement, a list of buildings owned or occupied by the Department in which advertising is placed and a description of the types of advertising placed pursuant to the agreement.

     2.  On or before August 1, 2012, submit an update to the report required by subsection 1 and a report which must include, without limitation, information concerning the manner in which any money collected by the Department pursuant to any agreement entered into pursuant to section 1 of this act has been expended during the 2011-2013 biennium and the manner in which the Department plans to use such money during the 2013-2015 biennium.

     Sec. 4.  1.  This section and sections 1 and 2 to 3.5, inclusive, of this act become effective upon passage and approval.

     2.  Section 1.5 of this act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 2684ê

 

CHAPTER 446, SB 485

Senate Bill No. 485–Committee on Finance

 

CHAPTER 446

 

[Approved: June 16, 2011]

 

AN ACT relating to public welfare; revising provisions governing payment by the State for certain care provided under the State Plan for Medicaid; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The federal Patient Protection and Affordable Care Act provides that a state is not eligible for an increase in its federal medical assistance percentage if the state requires a political subdivision to pay a greater percentage of the nonfederal share of certain Medicaid expenditures than the respective percentages that would have been required by the state under the state plan that was in effect on December 31, 2009. (Public Law No. 111–148)

       Under existing Nevada law, the State pays the nonfederal share of Medicaid for certain persons who are covered by Medicaid, who are admitted to certain medical facilities for more than 30 days and whose income is not greater than $775 per month or 156 percent of the supplemental security income benefit rate established by federal law. (NRS 422.272) This bill eliminates the specific income requirement and authorizes the Director of the Department of Health and Human Services to determine annually the maximum income for persons for whom the State will pay the nonfederal share of Medicaid. The Director is required to ensure that the annual determination is consistent with federal law.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 422.272 is hereby amended to read as follows:

     422.272  1.  The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenditures for the medical, administrative and transactional costs, to the extent not covered by private insurance, of a person:

     (a) Who is admitted to a hospital, facility for intermediate care or facility for skilled nursing for not less than 30 consecutive days;

     (b) Who is covered by the State Plan for Medicaid; and

     (c) Whose net countable income per month is not more than [$775 or 156 percent] a percentage prescribed annually by the Director of the supplemental security income benefit rate established pursuant to 42 U.S.C. § 1382(b)(1) . [, whichever is greater.] The Director shall ensure that the percentage prescribed pursuant to this paragraph complies with federal law.

     2.  As used in this section:

     (a) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038.

     (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

     (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 2685ê

 

CHAPTER 447, SB 486

Senate Bill No. 486–Committee on Finance

 

CHAPTER 447

 

[Approved: June 16, 2011]

 

AN ACT making an appropriation to the Office of the State Treasurer for the Millennium Scholarship Program; and providing other matters properly relating thereto.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 Office of the State Treasurer the sum of $10,000,000 for the Millennium Scholarship Program.

     Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 448, SB 321

Senate Bill No. 321–Senator Manendo (by request)

 

CHAPTER 448

 

[Approved: June 16, 2011]

 

AN ACT relating to taxicabs; requiring the Taxicab Authority to establish a system for the use of radio frequency identification or other electronic means in the enforcement of its allocations of taxicabs; providing for the use of a physical security seal or an electronic security seal for a taximeter; requiring the establishment of standards for a daily trip sheet in electronic form; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Taxicab Authority regulates taxicabs in a county whose population is 400,000 or more (currently Clark County) and in any county that, by ordinance, has placed itself under the jurisdiction of the Taxicab Authority. (NRS 706.881) The Taxicab Authority is responsible, among other things, for determining whether conditions in a county require the establishment of a system of allocations of the number of taxicabs allowed to operate in the county. If so, the Taxicab Authority is responsible for allocating the taxicabs among the existing operators of taxicab businesses in the county. The Taxicab Authority also performs allocations if it subsequently determines that circumstances require a permanent increase in the number of taxicabs allocated. (NRS 706.8824) Similarly, the Taxicab Authority determines whether circumstances require a temporary increase in the allocations and, if so, the additional number of taxicabs to be allocated, the limits on their operations and the duration of the temporary increase. (NRS 706.88245) The Administrator of the Taxicab Authority issues each allocated taxicab a medallion which must be affixed on the left rear fender of the taxicab.

 


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ê2011 Statutes of Nevada, Page 2686 (Chapter 448, SB 321)ê

 

affixed on the left rear fender of the taxicab. (NAC 706.450, 706.489) Section 1 of this bill requires the Taxicab Authority to establish by regulation a system for the use of radio frequency identification or other electronic means to verify the validity of the medallion on any taxicab located within the jurisdiction of the Taxicab Authority.

       Existing law requires an operator of a taxicab business subject to the jurisdiction of the Taxicab Authority to equip each taxicab with a two-way mobile radio and to maintain central facilities for dispatching the taxicabs. The operator may maintain the facilities individually or in cooperation with other operators, but the facilities must be principally engaged in communication by radio with the taxicabs. (NRS 706.8832) Section 1.5 of this bill deletes the requirement that the mobile radio be a two-way radio and provides a definition of “communication by radio.”

       Under existing law, each taxicab must be equipped with a taximeter that clearly displays the fare, the miles traveled and certain other information. After installation, the taximeter is sealed by the Administrator of the Taxicab Authority. (NRS 706.8836) Section 2 of this bill provides that the seal may be a physical security seal on each access point of the taximeter or an electronic security seal that is encrypted and protected by an audited authentication and authorization mechanism. Section 2 further authorizes the Administrator to require use of the electronic security seal if the Administrator makes certain findings relating to the availability and cost of the sealing method and provides at least 12 months’ notice to the operators of taxicabs.

       Existing law requires that an operator of a taxicab business subject to the jurisdiction of the Taxicab Authority require its drivers to fill out daily trip sheets that include information such as the time, place of origin and destination of each trip. The operator of the taxicab business is required to maintain the daily trip sheets for at least 3 years and make them available to the Administrator for inspection. (NRS 706.8844) Section 3 of this bill requires the Administrator to establish requirements for the use of an electronic version of a daily trip sheet. If an operator of a taxicab business requires its drivers to keep the daily trip sheet in electronic form, section 3 requires the operator to maintain the resulting information in a secure database and provide the Administrator with access to the information in the database.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Taxicab Authority shall establish by regulation a system for the use of radio frequency identification or other electronic means to verify the validity of a medallion affixed to any taxicab within the jurisdiction of the Taxicab Authority.

     2.  As used in this section, “medallion” means the metal plate issued by the Taxicab Authority to be affixed to each taxicab allocated by the Taxicab Authority.

     Sec. 1.5.  NRS 706.8832 is hereby amended to read as follows:

     706.8832  1.  A certificate holder shall have each taxicab equipped with a [two-way] mobile radio and shall maintain central facilities for dispatching taxicabs at all times. The facilities:

     [1.] (a) May be maintained individually or in cooperation with other certificate holders.

     [2.] (b) Must be principally engaged in communication by radio with the taxicabs of the certificate holder or holders.

     2.  As used in this section, “communication by radio” means the transmission of writing, signs, signals, pictures, and sounds of all kinds by radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services include, without limitation, the receipt, forwarding and delivering of communications.

 


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ê2011 Statutes of Nevada, Page 2687 (Chapter 448, SB 321)ê

 

radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services include, without limitation, the receipt, forwarding and delivering of communications.

     Sec. 2.  NRS 706.8836 is hereby amended to read as follows:

     706.8836  1.  A certificate holder shall equip each of the certificate holder’s taxicabs with a taximeter and shall make provisions when installing the taximeter to allow sealing by the Administrator.

     2.  The Administrator shall approve the types of taximeters which may be used on a taxicab. All taximeters must conform to a 2-percent plus or minus tolerance on the fare recording, must be equipped with a signal device plainly visible from outside of the taxicab, must be equipped with a device which records fares and is plainly visible to the passenger and must register upon plainly visible counters the following items:

     (a) Total miles;

     (b) Paid miles;

     (c) Number of units;

     (d) Number of trips; and

     (e) Number of extra passengers or extra charges.

     3.  The Administrator shall inspect each taximeter before its use in a taxicab and shall, if the taximeter conforms to the standards specified in subsection 2, seal the taximeter.

     4.  Except as otherwise provided in subsection 5, a taximeter may be sealed by:

     (a) Affixing a physical security seal to each access point of the taximeter; or

     (b) Using an electronic security seal that is encrypted and protected by an audited authentication and authorization mechanism for each user that is accessible only by the Administrator.

     5.  The Administrator may require that each taximeter be sealed by an electronic security seal that is encrypted and protected by an audited authentication and authorization mechanism for each user that is accessible only by the Administrator if the Administrator:

     (a) Makes a finding that the technology for the sealing method is commercially available and will reduce the costs to the Taxicab Authority for inspecting taximeters; and

     (b) Provides notice to each certificate holder at least 12 months before requiring the use of the sealing method.

     6.  The Administrator may reinspect the taximeter at any reasonable time.

     7.  For the purposes of this section, “sealing” means prohibiting access to the elements of the taximeter used to calculate the items specified in subsection 2 by anyone other than the Administrator.

     Sec. 3.  NRS 706.8844 is hereby amended to read as follows:

     706.8844  1.  A certificate holder shall require the certificate holder’s drivers to keep a daily trip sheet in a form to be prescribed by the Taxicab Authority [.] , including, without limitation, in electronic form.

     2.  At the beginning of each period of duty the driver shall record on the driver’s trip sheet:

     (a) The driver’s name and the number of the taxicab;

     (b) The time at which the driver began the period of duty by means of a time clock provided by the certificate holder;

 


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ê2011 Statutes of Nevada, Page 2688 (Chapter 448, SB 321)ê

 

     (c) The meter readings for total miles, paid miles, trips, units, extra passengers and extra charges; and

     (d) The odometer reading of the taxicab.

     3.  During each period of duty the driver shall record on the driver’s trip sheet:

     (a) The time, place of origin and destination of each trip; and

     (b) The number of passengers and amount of fare for each trip.

     4.  At the end of each period of duty the driver shall record on the driver’s trip sheet:

     (a) The time at which the driver ended the period of duty by means of a time clock provided by the certificate holder;

     (b) The meter readings for total miles, paid miles, trips, units and extra passengers; and

     (c) The odometer reading of the taxicab.

     5.  A certificate holder shall furnish a trip sheet form for each taxicab operated by a driver during the driver’s period of duty and shall require the drivers to return their completed trip sheets at the end of each period of duty.

     6.  A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the Administrator upon reasonable demand.

     7.  Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.

     8.  The Administrator shall prescribe the requirements for the use of an electronic version of a daily trip sheet. If a certificate holder requires its drivers to keep a daily trip sheet in electronic form, the certificate holder shall maintain the information collected from the daily trip sheet in a secure database and provide the Administrator with access to the information in the database at regular intervals established by the Administrator and upon reasonable demand.

     Sec. 4.  NRS 706.885 is hereby amended to read as follows:

     706.885  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the Taxicab Authority or the Administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, and section 1 of this act is guilty of a misdemeanor.

     2.  The Taxicab Authority or Administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by the Taxicab Authority or Administrator, respectively, for:

     (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, and section 1 of this act or any regulation of the Taxicab Authority or Administrator.

     (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, and section 1 of this act or any regulation of the Taxicab Authority or Administrator.

 


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ê2011 Statutes of Nevada, Page 2689 (Chapter 448, SB 321)ê

 

Ê If a penalty is imposed on the grantee of a certificate pursuant to this section, the Taxicab Authority or Administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

     3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the Administrator shall enter a finding of default. Upon a finding of default, the Administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the Administrator may set aside a finding of default and proceed with the hearing.

     4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, the law enforcement officer may cause the vehicle to be towed immediately from the scene.

     5.  The conviction of a person pursuant to subsection 1 does not bar the Taxicab Authority or Administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the Taxicab Authority or Administrator does not operate as a defense in any proceeding brought under subsection 1.

     Sec. 5.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on July 1, 2011, for all other purposes.

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ê2011 Statutes of Nevada, Page 2690ê

 

CHAPTER 449, SB 493

Senate Bill No. 493–Committee on Revenue

 

CHAPTER 449

 

[Approved: June 16, 2011]

 

AN ACT relating to mining; creating the Mining Oversight and Accountability Commission and establishing its membership, powers and duties; revising provisions governing the calculation of net proceeds from certain mining operations conducted in this State; repealing a fee imposed on certain filings regarding mining claims; making an appropriation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law does not provide for a single administrative body to oversee the activities of the various state agencies that have responsibility for the taxation, operation, safety and environmental regulation of mines and mining in this State. Section 5 of this bill creates the Mining Oversight and Accountability Commission, consisting of seven members appointed by the Governor. Two of the members must be recommended by the Majority Leader of the Senate and two by the Speaker of the Assembly. In the first biennium, one member must be recommended by the Minority Leader of the Senate. In the next biennium, one member must be recommended by the Minority Leader of the Assembly. The authority of the Minority Leader of the Senate and the Minority Leader of the Assembly to make those recommendations alternates each biennium thereafter. Section 7 of this bill requires the Commission to provide oversight of compliance with Nevada law relating to the activities of each state agency with respect to the taxation, operation, safety and environmental regulation of mines and mining in this State. Section 7 also identifies particular state entities that are subject to the supervision of the Commission with respect to their activities related to mines and mining: (1) the Nevada Tax Commission and the Department of Taxation in the taxation of the net proceeds of minerals; (2) the Division of Industrial Relations of the Department of Business and Industry concerning the safe and healthful working conditions at mines; (3) the Commission on Mineral Resources and the Division of Minerals of the Commission; (4) the Bureau of Mines and Geology of the State of Nevada; and (5) the Division of Environmental Protection of the State Department of Conservation and Natural Resources in its activities concerning the reclamation of land used in mining. Sections 8 and 13-16 of this bill establish certain reports and other information that those entities are required to provide to the Commission. Section 11 of this bill authorizes the Commission to request the Legislative Commission to direct the Legislative Auditor to provide for a special audit or investigation of the activities of any state agency, board, bureau, commission or political subdivision in connection with the taxation, operation, safety and environmental regulation of mines and mining in this State. Section 12 of this bill provides that certain regulations of the Nevada Tax Commission, Administrator of the Division of Industrial Relations, Commission on Mineral Resources and the State Environmental Commission concerning mines and mining are not effective unless they are reviewed by the Mining Oversight and Accountability Commission before being approved by the Legislative Commission. Sections 12.5 and 12.7 of this bill revise provisions governing the calculation of net proceeds from certain mining operations conducted in this State.

 


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ê2011 Statutes of Nevada, Page 2691 (Chapter 449, SB 493)ê

 

       During the 26th Special Session in 2010, the Legislature enacted a law imposing a fee on the filing of an affidavit of the work performed on or improvements made to a mining claim or an affidavit of the intent to hold a mining claim, if the person who holds the mining claim holds 11 or more mining claims in this State. (NRS 517.187) Section 16.3 of this bill repeals that law. Section 16.7 of this bill allows any person who paid that fee to receive a credit of the amount paid against any liability of the person for the state modified business tax or, if that is not practical, a refund of the amount paid.

       Section 16.5 of this bill makes an appropriation to the Department of Taxation to fund the costs for the Mining Oversight and Accountability Commission.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 362 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12 inclusive, of this act.

     Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

     Sec. 3.  “Chair” means the Chair of the Commission.

     Sec. 4.  “Commission” means the Mining Oversight and Accountability Commission created by section 5 of this act.

     Sec. 5.  1.  There is hereby created the Mining Oversight and Accountability Commission consisting of seven members appointed as follows:

     (a) Two members appointed by the Governor;

     (b) Two members appointed by the Governor from a list of persons recommended by the Majority Leader of the Senate;

     (c) Two members appointed by the Governor from a list of persons recommended by the Speaker of the Assembly; and

     (d) One member appointed by the Governor from a list of persons recommended by the Minority Leader of the Senate or the Minority Leader of the Assembly. The Minority Leader of the Senate shall recommend persons for appointment for the initial term, the Minority Leader of the Assembly shall recommend persons for appointment for the next succeeding term, and thereafter, the authority to recommend persons for appointment must alternate each biennium between the Houses of the Legislature.

     2.  The Governor, Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Senate and Minority Leader of the Assembly shall confer before the Governor makes an appointment to ensure that:

     (a) Not more than two of the members are appointed from any one county in this State; and

     (b) Not more than two of the members have a direct or indirect financial interest in the mining industry or are related by blood or marriage to a person who has such an interest.

     3.  Each member of the Commission serves for a term of 2 years.

     4.  A vacancy on the Commission must be filled by the Governor in the same manner as the original appointment.

 


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ê2011 Statutes of Nevada, Page 2692 (Chapter 449, SB 493)ê

 

     Sec. 6.  1.  The Commission shall elect one of its members as Chair and another as Vice Chair, who shall serve for a term of 1 year or until their successors are elected and qualified.

     2.  The Commission shall meet at least once each calendar quarter and may meet at other times on the call of the Chair or a majority of its members.

     3.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Commission.

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

     5.  The Executive Director of the Department shall assign employees of the Department to provide such technical, clerical and operational assistance to the Commission as the functions and operations of the Commission may require.

     Sec. 7.  Notwithstanding any other provision of law, the Commission shall provide oversight of compliance with Nevada law relating to the activities of each state agency, board, bureau, commission, department or division with respect to the taxation, operation, safety and environmental regulation of mines and mining in this State, including, without limitation, the activities of:

     1.  The Nevada Tax Commission and the Department of Taxation in the taxation of the net proceeds of minerals pursuant to this chapter and Section 5 of Article 10 of the Nevada Constitution.

     2.  The Division of Industrial Relations of the Department of Business and Industry in administering the provisions of chapter 512 of NRS concerning the safe and healthful working conditions at mines.

     3.  The Commission on Mineral Resources and the Division of Minerals of the Commission in the administration of the provisions of chapters 513 and 522 of NRS concerning the conduct of mining operations and operations for the production of oil, gas and geothermal energy in the State.

     4.  The Bureau of Mines and Geology of the State of Nevada in the Public Service Division of the Nevada System of Higher Education in its administration of the provisions of chapter 514 of NRS.

     5.  The Division of Environmental Protection of the State Department of Conservation and Natural Resources in its administration of the provisions of chapter 519A of NRS concerning the reclamation of mined land, areas of exploration and former areas of mining or exploration.

     Sec. 8.  In addition to any other information requested by the Commission pursuant to section 9 of this act:

     1.  The Administrator of the Division of Industrial Relations of the Department of Business and Industry shall submit to the Commission at its first regular meeting in each calendar year the report that is required pursuant to NRS 512.140 concerning the functions of the Administrator under chapter 512 of NRS concerning the creation and maintenance of safe and healthful working conditions at mines in this State during the immediately preceding calendar year.

     2.  The Department of Taxation shall submit to the Commission at the second regular meeting of the Commission in each calendar year:

 


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ê2011 Statutes of Nevada, Page 2693 (Chapter 449, SB 493)ê

 

     (a) An audit program identifying each mining operator or other person who is required to file a statement concerning the extraction of minerals in this State pursuant to NRS 362.100 to 362.240, inclusive, that the Department intends to audit during the immediately following calendar year;

     (b) A report of the results of each audit of a mining operator or other person completed by the Department during the immediately preceding calendar year; and

     (c) A report of the status of each audit of a mining operator or other person that is in process at the time of the report.

     3.  The Division of Environmental Protection of the State Department of Conservation and Natural Resources shall submit to the Commission at its third regular meeting in each calendar year a report concerning the Division’s activities concerning the reclamation of mined lands, areas of exploration and former areas of mining or exploration during the immediately preceding calendar year, including, without limitation, an accounting of the amounts of fees collected for permits issued by the Division and any fines imposed by the Division.

     Sec. 9.  1.  In conducting the investigations and hearings of the Commission:

     (a) The Chair or any member designated by the Chair may administer oaths.

     (b) The Chair may cause the deposition of witnesses, residing either within or outside of the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

     (c) The Chair may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

     2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Chair may report to the district court by petition, setting forth that:

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

     (b) The witness has been subpoenaed by the Commission pursuant to this section; and

     (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission which is named in the subpoena, or has refused to answer questions propounded to the witness,

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

     3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the witness has not attended or testified or produced the books or papers before the Commission. A certified copy of the order must be served upon the witness.

     4.  If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

 


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ê2011 Statutes of Nevada, Page 2694 (Chapter 449, SB 493)ê

 

     Sec. 10.  1.  Each witness who appears before the Commission by its order, except a state officer or employee, is entitled to receive for such attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this State.

     2.  The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Chair of the Commission.

     Sec. 11.  1.  The Commission may submit a request to the Legislative Commission that the Legislative Auditor be directed to undertake, or to contract with a qualified accounting firm to undertake, a special audit or investigation of the activities of any state agency, board, bureau, commission or political subdivision in connection with the taxation, operation, safety and environmental regulation of mines and mining in this State.

     2.  The request submitted pursuant to subsection 1 must be accompanied by an explanation of the circumstances that give rise to the request.

     Sec. 12.  A permanent regulation adopted by the:

     1.  Nevada Tax Commission, pursuant to NRS 360.090, concerning any taxation related to the extraction of any mineral in this State, including, without limitation, the taxation of the net proceeds pursuant to this chapter and Section 5 of Article 10 of the Nevada Constitution;

     2.  Administrator of the Division of Industrial Relations of the Department of Business and Industry for mine health and safety pursuant to NRS 512.131;

     3.  Commission on Mineral Resources pursuant to 513.063, 513.094 or 519A.290; and

     4.  State Environmental Commission pursuant to NRS 519A.160,

Ê is not effective unless it is reviewed by the Mining Oversight and Accountability Commission before it is approved pursuant to chapter 233B of NRS by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067. After conducting its review of the regulation, the Mining Oversight and Accountability Commission shall provide a report of its findings and recommendations regarding the regulation to the Legislative Counsel for submission to the Legislative Commission or the Subcommittee to Review Regulations, as appropriate.

     Sec. 12.5.  NRS 362.120 is hereby amended to read as follows:

     362.120  1.  The Department shall, from the statement filed pursuant to NRS 362.110 and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the calendar year immediately preceding the year in which the statement is filed.

     2.  The gross yield must include the value of any mineral extracted which was:

     (a) Sold;

     (b) Exchanged for any thing or service;

     (c) Removed from the State in a form ready for use or sale; or

     (d) Used in a manufacturing process or in providing a service,

Ê during that period.

     3.  The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:

 


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ê2011 Statutes of Nevada, Page 2695 (Chapter 449, SB 493)ê

 

     (a) The actual cost of extracting the mineral [.] , which is limited to direct costs for activities performed in the State of Nevada.

     (b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.

     (c) The actual cost of reduction, refining and sale.

     (d) The actual cost of [marketing and] delivering the mineral . [and the conversion of the mineral into money.]

     (e) The actual cost of maintenance and repairs of:

           (1) All machinery, equipment, apparatus and facilities used in the mine.

           (2) All milling, refining, smelting and reduction works, plants and facilities.

           (3) All facilities and equipment for transportation except those that are under the jurisdiction of the Public Utilities Commission of Nevada or the Nevada Transportation Authority.

     (f) [The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e).

     (g)] Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada Tax Commission [.] and approved by the Mining Oversight and Accountability Commission created by section 5 of this act. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.

     [(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.

     (i)] (g) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.

     [(j)] (h) The costs of employee travel which occurs within the State of Nevada and which is directly related to mining operations within the State of Nevada.

     (i) The costs of Nevada-based corporate services relating to paragraphs (e) to (h), inclusive.

     (j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit [.

     (k)] , which is limited to work that is necessary to the operation of the mine or group of mines.

     (k) The costs of reclamation work in the years the reclamation work occurred, including, without limitation, costs associated with the remediation of a site.

     (l) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.

     4.  Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.

 


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ê2011 Statutes of Nevada, Page 2696 (Chapter 449, SB 493)ê

 

     5.  Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the Department on forms provided by the Department. The Department shall report annually to the Mining Oversight and Accountability Commission the expenses and deductions of each mining operation in the State of Nevada.

     6.  The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:

     (a) The working of the mine;

     (b) The operating of the mill, smelter or reduction works;

     (c) The operating of the facilities or equipment for transportation;

     (d) Superintending the management of any of those operations; [or]

     (e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations [.] ; or

     (f) Nevada-based corporate services.

     7.  The following expenses are specifically excluded from any deductions from the gross yield:

     (a) The costs of employee housing.

     (b) Except as otherwise provided in paragraph (h) of subsection 3, the costs of employee travel.

     (c) The costs of severing the employment of any employees.

     (d) Any dues paid to a third-party organization or trade association to promote or advertise a product.

     (e) Expenses relating to governmental relations or to compensate a natural person or entity to influence legislative decisions.

     (f) The costs of mineral exploration.

     (g) Any federal, state or local taxes.

     8.  As used in this section, “Nevada-based corporate services” means corporate services which are performed in the State of Nevada from an office located in this State and which directly support mining operations in this State, including, without limitation, accounting functions relating to mining operations at a mine site in this State such as payroll, accounts payable, production reporting, cost reporting, state and local tax reporting and recordkeeping concerning property.

     Sec. 12.7.  NRS 362.120 is hereby amended to read as follows:

     362.120  1.  The Department shall, from the statement filed pursuant to NRS 362.110 and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the calendar year immediately preceding the year in which the statement is filed.

     2.  The gross yield must include the value of any mineral extracted which was:

     (a) Sold;

     (b) Exchanged for any thing or service;

     (c) Removed from the State in a form ready for use or sale; or

     (d) Used in a manufacturing process or in providing a service,

Ê during that period.

     3.  The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 2697 (Chapter 449, SB 493)ê

 

     (a) The actual cost of extracting the mineral, which is limited to direct costs for activities performed in the State of Nevada.

     (b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.

     (c) The actual cost of reduction, refining and sale.

     (d) The actual cost of delivering the mineral.

     (e) The actual cost of maintenance and repairs of:

           (1) All machinery, equipment, apparatus and facilities used in the mine.

           (2) All milling, refining, smelting and reduction works, plants and facilities.

           (3) All facilities and equipment for transportation except those that are under the jurisdiction of the Public Utilities Commission of Nevada or the Nevada Transportation Authority.

     (f) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada Tax Commission and approved by the Mining Oversight and Accountability Commission created by section 5 of this act. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.

     (g) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for employees actually engaged in mining operations within the State of Nevada.

     (h) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.

     [(h)] (i) The costs of employee travel which occurs within the State of Nevada and which is directly related to mining operations within the State of Nevada.

     [(i)] (j) The costs of Nevada-based corporate services relating to paragraphs (e) to [(h),] (i), inclusive.

     [(j)] (k) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit, which is limited to work that is necessary to the operation of the mine or group of mines.

     [(k)] (l) The costs of reclamation work in the years the reclamation work occurred, including, without limitation, costs associated with the remediation of a site.

     [(l)] (m) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.

     4.  Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.

     5.  Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the Department on forms provided by the Department.

 


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ê2011 Statutes of Nevada, Page 2698 (Chapter 449, SB 493)ê

 

the Department on forms provided by the Department. The Department shall report annually to the Mining Oversight and Accountability Commission the expenses and deductions of each mining operation in the State of Nevada.

     6.  The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:

     (a) The working of the mine;

     (b) The operating of the mill, smelter or reduction works;

     (c) The operating of the facilities or equipment for transportation;

     (d) Superintending the management of any of those operations;

     (e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations; or

     (f) Nevada-based corporate services.

     7.  The following expenses are specifically excluded from any deductions from the gross yield:

     (a) The costs of employee housing.

     (b) Except as otherwise provided in paragraph [(h)] (i) of subsection 3, the costs of employee travel.

     (c) The costs of severing the employment of any employees.

     (d) Any dues paid to a third-party organization or trade association to promote or advertise a product.

     (e) Expenses relating to governmental relations or to compensate a natural person or entity to influence legislative decisions.

     (f) The costs of mineral exploration.

     (g) Any federal, state or local taxes.

     8.  As used in this section, “Nevada-based corporate services” means corporate services which are performed in the State of Nevada from an office located in this State and which directly support mining operations in this State, including, without limitation, accounting functions relating to mining operations at a mine site in this State such as payroll, accounts payable, production reporting, cost reporting, state and local tax reporting and recordkeeping concerning property.

     Sec. 13.  NRS 512.140 is hereby amended to read as follows:

     512.140  The Administrator shall submit annually to the Governor, and to the Mining Oversight and Accountability Commission created by section 5 of this act, as soon as practicable after the beginning of each calendar year, a full report of the administration of the Administrator’s functions under this chapter during the preceding calendar year. The report must include, either in summary or detailed form, the information obtained by the Administrator under this chapter together with such findings and comments thereon and such recommendations as the Administrator may deem proper.

     Sec. 14.  NRS 513.063 is hereby amended to read as follows:

     513.063  The Commission shall:

     1.  Keep itself informed of and interested in the entire field of legislation and administration charged to the Division.

     2.  Report to the Governor , the Mining Oversight and Accountability Commission created by section 5 of this act and the Legislature on all matters which it may deem pertinent to the Division, and concerning any specific matters previously requested by the Governor [.] or the Mining Oversight and Accountability Commission.

 


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ê2011 Statutes of Nevada, Page 2699 (Chapter 449, SB 493)ê

 

     3.  Advise and make recommendations to the Governor , the Mining Oversight and Accountability Commission and the Legislature concerning the policy of this State relating to minerals.

     4.  Formulate the administrative policies of the Division.

     5.  Adopt regulations necessary for carrying out the duties of the Commission and the Division.

     Sec. 15.  NRS 513.093 is hereby amended to read as follows:

     513.093  The Administrator:

     1.  Shall coordinate the activities of the Division.

     2.  Shall report to the Commission upon all matters pertaining to the administration of the Division.

     3.  Shall attend each regular meeting of the Mining Oversight and Accountability Commission created by section 5 of this act and each special meeting if requested by the Chair of that Commission and:

     (a) Report to the Mining Oversight and Accountability Commission on the activities of the Division undertaken since the Division’s previous report, including, without limitation, an accounting of any fees or fines imposed or collected;

     (b) The current condition of mining and of exploration for and production of oil, gas and geothermal energy in the State; and

     (c) Provide any technical information required by the Mining Oversight and Accountability Commission during the course of the meeting.

     4.  Shall submit a biennial report to the Governor and the Legislature through the Commission concerning the work of the Division, with recommendations that the Administrator may deem necessary. The report must set forth the facts relating to the condition of mining and of exploration for and production of oil and gas in the State.

     Sec. 16.  Chapter 514 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Director of the Bureau of Mines and Geology shall attend each regular meeting of the Mining Oversight and Accountability Commission created by section 5 of this act and each special meeting if requested by the Chair of the Commission and:

     1.  Report to the Commission on the activities of the Bureau of Mines and Geology undertaken by the Bureau since its previous report, including, without limitation, the current condition of mining and of exploration for and production of oil and gas in the State; and

     2.  Provide any technical information required by the Commission during the course of the meeting.

     Sec. 16.3.  NRS 517.187 is hereby repealed.

     Sec. 16.5.  1.  There is hereby appropriated from the State General Fund to the Department of Taxation to fund the costs for the Mining Oversight and Accountability Commission created by section 5 of this act the sums of:

For Fiscal Year 2011-2012.................................................................................................................... $17,050

For Fiscal Year 2012-2013.................................................................................................................... $17,050

     2.  Any balance of the sums appropriated pursuant to 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 by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any other purpose after September 21, 2012, and September 20, 2013, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.

 


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ê2011 Statutes of Nevada, Page 2700 (Chapter 449, SB 493)ê

 

portion of the appropriated money remaining must not be spent for any other purpose after September 21, 2012, and September 20, 2013, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.

     Sec. 16.7.  1.  Any person who paid any fee, interest or penalty imposed pursuant to NRS 517.187 may, on or before June 30, 2013, apply to the Department of Taxation pursuant to this section for a credit or refund of the total amount paid by the person pursuant to NRS 517.187.

     2.  Upon the receipt of an application pursuant to subsection 1 and proof to the satisfaction of the Department of Taxation of the total amount paid by the applicant pursuant to NRS 517.187, the Department shall:

     (a) Except as otherwise provided in paragraph (b), allow the applicant a credit of the total amount paid by the person pursuant to NRS 517.187 against any liability of the person for the tax imposed pursuant to NRS 363B.110, and carry any unused portion of the credit forward until the credit is exhausted; or

     (b) If the Department determines that it is impractical to provide a full credit to the applicant pursuant to paragraph (a), cause to be refunded to the applicant the total amount paid by the applicant pursuant to NRS 517.187.

     3.  A person who paid any fee, interest or penalty imposed pursuant to NRS 517.187 is not entitled to receive any penalty or interest on the amount paid.

     4.  The failure of any person to apply to the Department of Taxation pursuant to subsection 1 within the time prescribed constitutes a waiver of any demand against the State for any credit or refund of any fee, interest or penalty paid by or on behalf of the person pursuant to NRS 517.187.

     5.  Each county recorder shall, upon the request of the Department of Taxation, provide to the Department such documentation as the Department determines to be necessary to verify the total amount paid pursuant to NRS 517.187 by any person who applies to the Department pursuant to subsection 1.

     6.  All refunds made pursuant to this section must be paid from the State General Fund upon claims presented by the Department of Taxation, approved by the State Board of Examiners, and allowed and paid as other claims against the State are allowed and paid.

     Sec. 17.  The Department of Taxation shall submit to the Mining Oversight and Accountability Commission created by section 5 of this act at the first regular meeting of the Commission following the effective date of this section a comprehensive audit program that sets forth the Department’s plan for completing an audit of every mining operator or other person who is required to file a statement concerning the extraction of minerals in this State pursuant to NRS 362.100 to 362.240, inclusive.

     Sec. 17.3.  The amendatory provisions of section 12.5 of this act:

     1.  Do not apply to or affect any determination of gross yield or net proceeds required pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year 2011.

     2.  Apply for the purposes of estimating and determining gross yield and net proceeds pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year 2012 and each calendar year thereafter.

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 2701 (Chapter 449, SB 493)ê

 

     Sec. 17.5.  The amendatory provisions of section 12.7 of this act:

     1.  Do not apply to or affect any determination of gross yield or net proceeds required pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year 2013.

     2.  Apply for the purposes of estimating and determining gross yield and net proceeds pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year 2014 and each calendar year thereafter.

     Sec. 17.7.  1.  The Nevada Tax Commission, on or before January 1, 2012, and subject to the requirements of section 12 of this act, shall adopt regulations to carry out the provisions of NRS 362.120, as amended by section 12.5 of this act.

     2.  In adopting regulations pursuant to subsection 1, the Nevada Tax Commission shall amend or repeal any of its existing regulations that conflict or are inconsistent with the provisions of NRS 362.120, as amended by section 12.5 of this act.

     Sec. 18.  Notwithstanding the provisions of section 5 of this act, as soon as practicable after the effective date of this section, the Governor shall appoint to the Mining Oversight and Accountability Commission created by section 5 of this act:

     1.  One member pursuant to paragraph (a), (b) and (c), respectively, of subsection 1 of that section whose term expires on June 30, 2012; and

     2.  One member pursuant to paragraph (a), (b), (c) and (d), respectively, of subsection 1 of that section whose term expires on June 30, 2013.

     Sec. 19.  1.  This section and sections 1 to 12, inclusive, and 13 to 18, inclusive, of this act become effective upon passage and approval.

     2.  Section 12.5 of this act becomes effective on January 1, 2012.

     3.  Section 12.7 of this act becomes effective on January 1, 2014.

________

 


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ê2011 Statutes of Nevada, Page 2702ê

 

CHAPTER 450, AB 345

Assembly Bill No. 345–Assemblymen Ohrenschall, Conklin, Carlton, Oceguera, Woodbury; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Bustamante Adams, Carrillo, Daly, Diaz, Dondero Loop, Flores, Frierson, Hogan, Horne, Kirkpatrick, Livermore, Mastroluca, Munford, Neal, Pierce, Segerblom, Smith and Stewart

 

Joint Sponsors: Senators Schneider, Leslie, Horsford, Lee, Rhoads; Breeden, Hardy, Kieckhefer, Kihuen, Manendo, Parks and Wiener

 

CHAPTER 450

 

[Approved: June 16, 2011]

 

AN ACT relating to persons with disabilities; requiring the Aging and Disability Services Division of the Department of Health and Human Services to designate a standard protocol for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through certain public programs; establishing the Autism Treatment Assistance Program within the Division; requiring certain state and local governmental agencies that provide services to persons with autism spectrum disorders to submit reports to the Division; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1.3 of this bill requires the Aging and Disability Services Division of the Department of Health and Human Services, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the Nevada Autism Task Force, to prescribe a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years for the purposes of receiving services through certain public programs in this State. Section 1.3 also requires the Division to designate, as part of the statewide standard, a protocol for determining whether a person is a person with autism spectrum disorder. Section 1.3 further requires the Division to collect certain information relating to persons with autism spectrum disorders and to document the services provided to and the progress of those persons.

       The Department of Health and Human Services provides various programs for persons with disabilities, including, without limitation, mental health services, early intervention services and services for persons who are disabled. (NRS 232.300) Section 1.5 of this bill establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department to provide and coordinate the provision of services to persons with autism spectrum disorders. Section 1.5 also requires the Program to coordinate with other governmental entities to develop policies and programs for the treatment of persons with autism spectrum disorders. Section 16 of this bill requires the Health Division of the Department to refer certain children to the Program.

       Section 4 of this bill requires the board of trustees of a school district or the governing body of a charter school to conduct an initial evaluation of each pupil with autism spectrum disorder and to conduct a reevaluation once every 3 years thereafter in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations prescribed by the State Board of Education.

 


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ê2011 Statutes of Nevada, Page 2703 (Chapter 450, AB 345)ê

 

       Section 17 of this bill requires: (1) the Health Division of the Department to use the statewide standard prescribed by the Aging and Disability Services Division pursuant to section 1.3 to determine whether a person is a person with autism spectrum disorder; and (2) that certain evaluations be conducted to monitor the progress of persons with autism spectrum disorders receiving services through the Health Division.

       Sections 5, 15 and 18 of this bill require the Department of Education, the Health Division and the Department of Employment, Training and Rehabilitation to submit to the Aging and Disability Services Division information relating to persons with autism spectrum disorders.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

     Sec. 1.3.  1.  The Division, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization, shall prescribe by regulation a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through the State or a local government or an agency thereof. The regulations must designate a protocol based upon accepted best practices guidelines which includes at least one standardized assessment instrument that requires direct observation by the professional conducting the assessment for determining whether a person is a person with autism spectrum disorder, which must be used by personnel employed by the State or a local government or an agency thereof who provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years and by the persons with whom the State or a local government or an agency thereof contracts to provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years. The protocol must require that the direct observation conducted by a professional pursuant to this subsection include, without limitation, an evaluation to measure behaviors of the person which are consistent with autism spectrum disorder, cognitive functioning, language functioning and adaptive functioning.

     2.  The protocol designated pursuant to subsection 1 must be used upon intake of a person suspected of having autism spectrum disorder or at any later time if a person is suspected of having autism spectrum disorder after intake. The results of an assessment must be provided to the parent or legal guardian of the person, if applicable.

     3.  The Division shall prescribe the form and content of reports relating to persons with autism spectrum disorders through the age of 21 years that must be reported to the Division pursuant to sections 5, 15 and 18 of this act. Except as otherwise provided in section 5 of this act, the Division shall ensure that the information is reported in a manner which:

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 2704 (Chapter 450, AB 345)ê

 

     (a) Allows the Division to document the services provided to and monitor the progress of each person with autism spectrum disorder through the age of 21 years who receives services from the State or an agency thereof; and

     (b) Ensures that information reported for each person who receives services which identifies the person is kept confidential, consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

     4.  The Division shall prepare annually a summary of the reports submitted pursuant to sections 5, 15 and 18 of this act and make the summary publicly available. The Division shall ensure that information contained in the summary does not identify a person who received services.

     Sec. 1.5.  1.  There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons with autism spectrum disorders through the age of 19 years.

     2.  The Autism Treatment Assistance Program shall:

     (a) Prescribe an application process for parents and guardians of persons with autism spectrum disorders to participate in the Program.

     (b) Provide for the development of a plan of treatment for persons who participate in the Program.

     (c) Promote the use of evidence-based treatments which are cost effective and have been proven to improve treatment of autism spectrum disorders.

     (d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance that may be provided by the parent or guardian to improve treatment outcomes.

     (e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.

     (f) Assist parents and guardians of persons with autism spectrum disorders in obtaining public services that are available for the treatment of autism spectrum disorders.

     3.  A plan of treatment developed for a person who participates in the Program pursuant to paragraph (b) of subsection 2 must:

     (a) Identify the specific behaviors of the person to be addressed and the expected outcomes.

     (b) Include, without limitation, preparations for transitioning the person from one provider of treatment to another or from one public program to another, as the needs of the person require through the age of 19 years.

     (c) Be revised to address any change in the needs of the person.

     4.  The policies of the Autism Treatment Assistance Program and any services provided by the Program must be developed in cooperation with and be approved by the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization.

     5.  As used in this section, “autism spectrum disorder” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 2705 (Chapter 450, AB 345)ê

 

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

     Sec. 4.  1.  The board of trustees of a school district or the governing body of a charter school shall conduct an initial evaluation of each pupil with autism spectrum disorder in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations prescribed by the State Board pursuant to NRS 388.520 and shall, once every 3 years thereafter, conduct a reevaluation in accordance with the Individuals with Disabilities Education Act and the regulations of the State Board. The individualized education program for the pupil must be reviewed, and amended as appropriate, in compliance with the Individuals with Disabilities Education Act and the regulations of the State Board.

     2.  The board of trustees of a school district or the governing body of a charter school shall ensure that each person who conducts an evaluation of a pupil with autism spectrum disorder is provided with technical assistance and training to improve the accuracy and efficiency in conducting such evaluations.

     Sec. 5.  1.  The Department of Education shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to pupils with autism spectrum disorders. The information must:

     (a) Be submitted in the form required by the Aging and Disability Services Division; and

     (b) Include the total number of pupils with autism spectrum disorders who are enrolled in public schools in this State, including all pupils with autism spectrum disorders who have an individualized education program.

     2.  A pupil with autism spectrum disorder who is designated as a pupil with more than one physical or mental impairment or disability must be included as a pupil with autism spectrum disorder for the purposes of reporting information pursuant to this section.

     3.  The reporting made pursuant to this section must comply with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

     Sec. 6.  NRS 388.440 is hereby amended to read as follows:

     388.440  As used in NRS 388.440 to 388.5317, inclusive [:] , and sections 4 and 5 of this act:

     1.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

     2.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

     3.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

 


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ê2011 Statutes of Nevada, Page 2706 (Chapter 450, AB 345)ê

 

     Sec. 7.  NRS 388.520 is hereby amended to read as follows:

     388.520  1.  The Department shall:

     (a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and

     (b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.

     2.  Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

     3.  The State Board:

     (a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.

     (b) May prescribe minimum standards for the provision of early intervening services.

     4.  The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

     (a) Hearing impairments, including, but not limited to, deafness.

     (b) Visual impairments, including, but not limited to, blindness.

     (c) Orthopedic impairments.

     (d) Speech and language impairments.

     (e) Mental retardation.

     (f) Multiple impairments.

     (g) Serious emotional disturbances.

     (h) Other health impairments.

     (i) Specific learning disabilities.

     (j) Autism [.] spectrum disorders.

     (k) Traumatic brain injuries.

     (l) Developmental delays.

     (m) Gifted and talented abilities.

     5.  No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

     6.  The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

     7.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

 


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ê2011 Statutes of Nevada, Page 2707 (Chapter 450, AB 345)ê

 

     Sec. 8.  NRS 391.400 is hereby amended to read as follows:

     391.400  As used in NRS 391.400 to 391.420, inclusive, unless the context otherwise requires, “Grant Fund” means the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism Spectrum Disorders.

     Sec. 9.  NRS 391.405 is hereby amended to read as follows:

     391.405  1.  There is hereby created the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism Spectrum Disorders to be administered by the Department. The Department may accept gifts, grants and donations from any source for deposit in the Grant Fund.

     2.  The money in the Grant Fund must be used only for the distribution of money to school districts and charter schools for programs of training as set forth in NRS 391.410, 391.415 and 391.420 and to provide assistance to licensed educational personnel who work with pupils with autism spectrum disorders in obtaining an appropriate endorsement to teach those pupils.

     3.  The board of trustees of a school district or the governing body of a charter school may apply to the Department on a form prescribed by the Department for a grant of money from the Grant Fund. The application must include a description of the program of training for which the grant of money will be used.

     Sec. 10.  NRS 391.410 is hereby amended to read as follows:

     391.410  1.  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who work with pupils with autism spectrum disorders receive the appropriate preparation and training necessary to serve those pupils. The training may include, without limitation:

     (a) The characteristics of autism [,] spectrum disorders, including, without limitation, behavioral and communication characteristics;

     (b) Methods for determining, on a regular and consistent basis, the specific needs of a pupil with autism spectrum disorder to ensure the pupil is meeting the objectives and goals described in the individualized education program of the pupil or other educational plan prepared for the pupil;

     (c) The procedure for evaluating pupils who demonstrate behaviors which are consistent with autism [;] spectrum disorders;

     (d) Approaches for use in the classroom to assist a pupil with autism spectrum disorder with communication and social development; and

     (e) Methods of providing support to pupils with autism spectrum disorders and their families.

     2.  To the extent money is available from the Grant Fund, the board of trustees of a school district or the governing body of a charter school may enter into an agreement with a local corporation, business, organization or other entity to provide training for licensed educational personnel employed by the school district or charter school who work with pupils with autism spectrum disorders in accordance with this section.

     Sec. 11.  NRS 391.415 is hereby amended to read as follows:

     391.415  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who are assigned to assist a parent or legal guardian of a pupil with autism spectrum disorder in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:

 


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ê2011 Statutes of Nevada, Page 2708 (Chapter 450, AB 345)ê

 

by the school district or charter school who are assigned to assist a parent or legal guardian of a pupil with autism spectrum disorder in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:

     1.  On using the 2008 Report of the Nevada Autism Task Force and any subsequent report issued by the Nevada Autism Task Force created pursuant to chapter 348, Statutes of Nevada 2007, or its successor organization, to determine best practices in the development of programs for pupils with autism [;] spectrum disorders; and

     2.  To provide the parent or legal guardian with information on all options for treatment and intervention that may assist the pupil in the pupil’s development and advancement.

     Sec. 12.  NRS 391.420 is hereby amended to read as follows:

     391.420  1.  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that a paraprofessional who is employed by the school district or charter school to provide assistance to pupils with autism spectrum disorders receives the appropriate preparation and training to acquire:

     (a) Knowledge of autism [,] spectrum disorder, including, without limitation:

           (1) The characteristics of autism and the range of spectrum disorders within a diagnosis of autism;

           (2) An understanding of the importance of building relationships between pupils with autism [,] spectrum disorders, other pupils and teachers or adults to encourage the independence of a pupil with autism [;] spectrum disorder; and

           (3) The ability to determine the patterns of behavior of pupils with autism [;] spectrum disorders;

     (b) The ability to provide structure and predictability through the consistent use of methods that support prior learning and continued development;

     (c) The ability to adapt, modify or structure the environment based upon an understanding of the auditory, visual or other sensory stimuli which may be reinforcing, calming or distracting to the pupil;

     (d) The ability to use positive behavioral supports, including, without limitation, the use of discrete trial, structured teaching methods, reinforcement and generalized approaches to enhance the pupil’s education and prevent behavioral problems, as directed by the pupil’s teacher or other appropriate personnel;

     (e) The ability to accurately collect and record data on the progress of a pupil with autism spectrum disorder and report to the pupil’s teacher in a timely manner if a particular strategy or program is not producing the planned outcome for the pupil; and

     (f) The ability to communicate effectively and consistently with pupils with autism spectrum disorders using communication techniques designed for those pupils.

     2.  To the extent money is available from the Grant Fund, the board of trustees of a school district or the governing body of a charter school may enter into an agreement with a local corporation, business, organization or other entity to provide training for a paraprofessional who provides assistance to pupils with autism spectrum disorders in accordance with this section.

 


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ê2011 Statutes of Nevada, Page 2709 (Chapter 450, AB 345)ê

 

other entity to provide training for a paraprofessional who provides assistance to pupils with autism spectrum disorders in accordance with this section.

     Sec. 13.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 14, 15 and 16 of this act.

     Sec. 14.  As used in this section and NRS 442.750 and sections 15 and 16 of this act, “early intervention services” has the meaning ascribed to it in 20 U.S.C. § 1432.

     Sec. 15.  1.  The Health Division shall report annually to the Aging and Disability Services Division of the Department information relating to children with autism spectrum disorders. The information must:

     (a) Be submitted in the form required by the Aging and Disability Services Division;

     (b) Include the information required by the Aging and Disability Services Division pursuant to section 1.3 of this act;

     (c) Include the total number of children with autism spectrum disorders and the total number of children who may have autism spectrum disorders who are enrolled in early intervention services through the Health Division; and

     (d) Include the total number of hours and the type of early intervention services received by each child with autism spectrum disorder.

     2.  A child with autism spectrum disorder who is designated as a child with more than one physical or mental impairment or disability must be included as a child with autism spectrum disorder for the purposes of reporting information pursuant to this section.

     3.  The Health Division shall review the information submitted to the Aging and Disability Services Division pursuant to this section and any other data collected by the Health Division which demonstrates the ongoing outcomes of specific programs and treatments for children with autism spectrum disorders.

     Sec. 16.  For an infant or toddler with a disability who has autism spectrum disorder and is eligible for early intervention services, the Health Division shall refer the infant or toddler to the Autism Treatment Assistance Program established by section 1.5 of this act and coordinate with the Program to develop a plan of treatment for the infant or toddler pursuant to that section.

     Sec. 17.  NRS 442.750 is hereby amended to read as follows:

     442.750  1.  The Health Division shall ensure that the personnel employed by the Health Division who provide early intervention services to children with autism spectrum disorders and the persons with whom the Health Division contracts to provide early intervention services to children with autism spectrum disorders possess the knowledge and skills necessary to serve children with autism [,] spectrum disorders, including, without limitation:

     (a) The screening of a child for autism spectrum disorder at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization;

     (b) The procedure for evaluating children who demonstrate behaviors [which] that are consistent with autism [;] spectrum disorders, which procedure must require the use of the statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years prescribed pursuant to section 1.3 of this act;

 


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ê2011 Statutes of Nevada, Page 2710 (Chapter 450, AB 345)ê

 

outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years prescribed pursuant to section 1.3 of this act;

     (c) The procedure for enrolling a child in early intervention services upon determining that the child has autism [;] spectrum disorder;

     (d) Methods of providing support to children with autism spectrum disorders and their families; and

     (e) The procedure for developing an individualized family service plan in accordance with Part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1431 et seq., or other appropriate plan for the child.

     2.  The Health Division shall ensure that the personnel employed by the Health Division to provide early intervention services to children with autism spectrum disorders and the persons with whom the Health Division contracts to provide early intervention services to children with autism [:] spectrum disorders:

     (a) Possess the knowledge and understanding of the scientific research and support for the methods and approaches for serving children with autism spectrum disorders and the ability to recognize the difference between an approach or method that is scientifically validated and one that is not;

     (b) Possess the knowledge to accurately describe to parents and guardians the research supporting the methods and approaches, including, without limitation, the knowledge necessary to provide an explanation that a method or approach is experimental if it is not supported by scientific evidence;

     (c) Immediately notify a parent or legal guardian if a child is identified as being at risk for a diagnosis of autism spectrum disorder and refer the parent or legal guardian to the appropriate professionals for further evaluation and simultaneously refer the parent or legal guardian to any appropriate early intervention services and strategies; and

     (d) Provide the parent or legal guardian with information on evidence-based treatments and interventions that may assist the child in the child’s development and advancement.

     3.  The Health Division shall ensure that the personnel employed by the Health Division who provide early intervention screenings to children and the persons with whom the Health Division contracts to provide early intervention screenings to children perform screenings of children for autism spectrum disorders at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization.

     4.  The Health Division shall ensure that:

     (a) For a child who may have autism spectrum disorder, the personnel employed by the Health Division who provide early intervention screenings to children and the persons with whom the Health Division contracts to provide early intervention screenings to children use the protocol designated pursuant to section 1.3 of this act for determining whether a child has autism spectrum disorder.

     (b) An initial evaluation of the cognitive, communicative, social, emotional and behavioral condition and adaptive skill level of a child with autism spectrum disorder is conducted to determine the baseline of the child.

     (c) A subsequent evaluation is conducted upon the child’s conclusion of the early intervention services to determine the progress made by the child from the time of his or her initial screening.

 


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ê2011 Statutes of Nevada, Page 2711 (Chapter 450, AB 345)ê

 

     Sec. 18.  Chapter 615 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Department shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to persons with autism spectrum disorders who receive vocational rehabilitation services. The information must:

     (a) Be submitted in the form required by the Aging and Disability Services Division;

     (b) Include the information required by the Aging and Disability Services Division pursuant to section 1.3 of this act;

     (c) Include the total number of persons with autism spectrum disorders who are receiving vocational rehabilitation services from the Division;

     (d) Include information concerning the types of vocational rehabilitation services provided to persons with autism spectrum disorders, the effectiveness of those services and the reasons for the ineffectiveness of those services, if applicable; and

     (e) Include information concerning the technical assistance and training provided to personnel of the Division who work with persons with autism spectrum disorders to improve the effectiveness of vocational rehabilitation services.

     2.  A person with autism spectrum disorder who is designated as a person with more than one physical or mental impairment or disability must be included as a person with autism spectrum disorder for the purposes of reporting information pursuant to this section.

     Sec. 19.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 2712ê

 

CHAPTER 451, AB 316

Assembly Bill No. 316–Assemblymen Woodbury, Ohrenschall, Carrillo, Sherwood, Carlton; Bobzien, Conklin, Daly, Diaz, Ellison, Flores, Grady, Hambrick, Hammond, Hansen, Hardy, Horne, Kirkpatrick, Livermore, Mastroluca, McArthur, Munford, Oceguera, Pierce, Smith and Stewart

 

Joint Sponsors: Senators Leslie, Kieckhefer, Hardy, Manendo, Schneider; Breeden, Cegavske, Copening, Gustavson, Halseth, Horsford, Kihuen, Parks, Rhoads and Settelmeyer

 

CHAPTER 451

 

[Approved: June 16, 2011]

 

AN ACT relating to persons with disabilities; requiring the Aging and Disability Services Division of the Department of Health and Human Services to designate a standard protocol for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through certain public programs; establishing the Autism Treatment Assistance Program within the Division; requiring certain state and local governmental agencies that provide services to persons with autism spectrum disorders to submit reports to the Division; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1.3 of this bill requires the Aging and Disability Services Division of the Department of Health and Human Services, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the Nevada Autism Task Force, to prescribe a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years for the purposes of receiving services through certain public programs in this State. Section 1.3 also requires the Division to designate, as part of the statewide standard, a protocol for determining whether a person is a person with autism spectrum disorder. Section 1.3 further requires the Division to collect certain information relating to persons with autism spectrum disorders and to document the services provided to and the progress of those persons.

       The Department of Health and Human Services provides various programs for persons with disabilities, including, without limitation, mental health services, early intervention services and services for persons who are disabled. (NRS 232.300) Section 1.5 of this bill establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department to provide and coordinate the provision of services to persons with autism spectrum disorders. Section 1.5 also requires the Program to coordinate with other governmental entities to develop policies and programs for the treatment of persons with autism spectrum disorders. Section 12.5 of this bill requires the Health Division of the Department to refer certain children to the Program.

       Section 3 of this bill requires the board of trustees of a school district or the governing body of a charter school to conduct an initial evaluation of each pupil with autism spectrum disorder and to conduct a reevaluation once every 3 years thereafter in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations prescribed by the State Board of Education.

 


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ê2011 Statutes of Nevada, Page 2713 (Chapter 451, AB 316)ê

 

       Section 13 of this bill requires: (1) the Health Division of the Department to use the statewide standard prescribed by the Aging and Disability Services Division pursuant to section 1.3 to determine whether a person is a person with autism spectrum disorder; and (2) that certain evaluations be conducted to monitor the progress of persons with autism spectrum disorders receiving services through the Health Division.

       Sections 4, 12 and 14 of this bill require the Department of Education, the Health Division and the Department of Employment, Training and Rehabilitation to submit to the Aging and Disability Services Division information relating to persons with autism spectrum disorders.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

     Sec. 1.3.  1.  The Division, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization, shall prescribe by regulation a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through the State or a local government or an agency thereof. The regulations must designate a protocol based upon accepted best practices guidelines which includes at least one standardized assessment instrument that requires direct observation by the professional conducting the assessment for determining whether a person is a person with autism spectrum disorder, which must be used by personnel employed by the State or a local government or an agency thereof who provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years and by the persons with whom the State or a local government or an agency thereof contracts to provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years. The protocol must require that the direct observation conducted by a professional pursuant to this subsection include, without limitation, an evaluation to measure behaviors of the person which are consistent with autism spectrum disorder, cognitive functioning, language functioning and adaptive functioning.

     2.  The protocol designated pursuant to subsection 1 must be used upon intake of a person suspected of having autism spectrum disorder or at any later time if a person is suspected of having autism spectrum disorder after intake. The results of an assessment must be provided to the parent or legal guardian of the person, if applicable.

     3.  The Division shall prescribe the form and content of reports relating to persons with autism spectrum disorders through the age of 21 years that must be reported to the Division pursuant to sections 4, 12 and 14 of this act. Except as otherwise provided in section 4 of this act, the Division shall ensure that the information is reported in a manner which:

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 2714 (Chapter 451, AB 316)ê

 

     (a) Allows the Division to document the services provided to and monitor the progress of each person with autism spectrum disorder through the age of 21 years who receives services from the State or an agency thereof; and

     (b) Ensures that information reported for each person who receives services which identifies the person is kept confidential, consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

     4.  The Division shall prepare annually a summary of the reports submitted pursuant to sections 4, 12 and 14 of this act and make the summary publicly available. The Division shall ensure that information contained in the summary does not identify a person who received services.

     Sec. 1.5.  1.  There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons with autism spectrum disorders through the age of 19 years.

     2.  The Autism Treatment Assistance Program shall:

     (a) Prescribe an application process for parents and guardians of persons with autism spectrum disorders to participate in the Program.

     (b) Provide for the development of a plan of treatment for persons who participate in the Program.

     (c) Promote the use of evidence-based treatments which are cost effective and have been proven to improve treatment of autism spectrum disorders.

     (d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance that may be provided by the parent or guardian to improve treatment outcomes.

     (e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.

     (f) Assist parents and guardians of persons with autism spectrum disorders in obtaining public services that are available for the treatment of autism spectrum disorders.

     3.  A plan of treatment developed for a person who participates in the Program pursuant to paragraph (b) of subsection 2 must:

     (a) Identify the specific behaviors of the person to be addressed and the expected outcomes.

     (b) Include, without limitation, preparations for transitioning the person from one provider of treatment to another or from one public program to another, as the needs of the person require through the age of 19 years.

     (c) Be revised to address any change in the needs of the person.

     4.  The policies of the Autism Treatment Assistance Program and any services provided by the Program must be developed in cooperation with and be approved by the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization.

     5.  As used in this section, “autism spectrum disorder” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

 


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ê2011 Statutes of Nevada, Page 2715 (Chapter 451, AB 316)ê

 

     Sec. 2.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

     Sec. 3.  1.  The board of trustees of a school district or the governing body of a charter school shall conduct an initial evaluation of each pupil with autism spectrum disorder in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations prescribed by the State Board pursuant to NRS 388.520 and shall, once every 3 years thereafter, conduct a reevaluation in accordance with the Individuals with Disabilities Education Act and the regulations of the State Board. The individualized education program for the pupil must be reviewed, and amended as appropriate, in compliance with the Individuals with Disabilities Education Act and the regulations of the State Board.

     2.  The board of trustees of a school district or the governing body of a charter school shall ensure that each person who conducts an evaluation of a pupil with autism spectrum disorder is provided with technical assistance and training to improve the accuracy and efficiency in conducting such evaluations.

     Sec. 4.  1.  The Department of Education shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to pupils with autism spectrum disorders. The information must:

     (a) Be submitted in the form required by the Aging and Disability Services Division; and

     (b) Include the total number of pupils with autism spectrum disorders who are enrolled in public schools in this State, including all pupils with autism spectrum disorders who have an individualized education program.

     2.  A pupil with autism spectrum disorder who is designated as a pupil with more than one physical or mental impairment or disability must be included as a pupil with autism spectrum disorder for the purposes of reporting information pursuant to this section.

     3.  The reporting made pursuant to this section must comply with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

     Sec. 5.  NRS 388.440 is hereby amended to read as follows:

     388.440  As used in NRS 388.440 to 388.5317, inclusive [:] , and sections 3 and 4 of this act:

     1.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

     2.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

     3.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

 


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ê2011 Statutes of Nevada, Page 2716 (Chapter 451, AB 316)ê

 

     Sec. 5.1.  NRS 388.520 is hereby amended to read as follows:

     388.520  1.  The Department shall:

     (a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and

     (b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.

     2.  Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

     3.  The State Board:

     (a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.

     (b) May prescribe minimum standards for the provision of early intervening services.

     4.  The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

     (a) Hearing impairments, including, but not limited to, deafness.

     (b) Visual impairments, including, but not limited to, blindness.

     (c) Orthopedic impairments.

     (d) Speech and language impairments.

     (e) Mental retardation.

     (f) Multiple impairments.

     (g) Serious emotional disturbances.

     (h) Other health impairments.

     (i) Specific learning disabilities.

     (j) Autism [.] spectrum disorders.

     (k) Traumatic brain injuries.

     (l) Developmental delays.

     (m) Gifted and talented abilities.

     5.  No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

     6.  The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

     7.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

 


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ê2011 Statutes of Nevada, Page 2717 (Chapter 451, AB 316)ê

 

     Sec. 5.3.  NRS 391.400 is hereby amended to read as follows:

     391.400  As used in NRS 391.400 to 391.420, inclusive, unless the context otherwise requires, “Grant Fund” means the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism [.] Spectrum Disorders.

     Sec. 5.4.  NRS 391.405 is hereby amended to read as follows:

     391.405  1.  There is hereby created the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism Spectrum Disorders to be administered by the Department. The Department may accept gifts, grants and donations from any source for deposit in the Grant Fund.

     2.  The money in the Grant Fund must be used only for the distribution of money to school districts and charter schools for programs of training as set forth in NRS 391.410, 391.415 and 391.420 and to provide assistance to licensed educational personnel who work with pupils with autism spectrum disorders in obtaining an appropriate endorsement to teach those pupils.

     3.  The board of trustees of a school district or the governing body of a charter school may apply to the Department on a form prescribed by the Department for a grant of money from the Grant Fund. The application must include a description of the program of training for which the grant of money will be used.

     Sec. 5.5.  NRS 391.410 is hereby amended to read as follows:

     391.410  1.  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who work with pupils with autism spectrum disorders receive the appropriate preparation and training necessary to serve those pupils. The training may include, without limitation:

     (a) The characteristics of autism [,] spectrum disorders, including, without limitation, behavioral and communication characteristics;

     (b) Methods for determining, on a regular and consistent basis, the specific needs of a pupil with autism spectrum disorder to ensure the pupil is meeting the objectives and goals described in the individualized education program of the pupil or other educational plan prepared for the pupil;

     (c) The procedure for evaluating pupils who demonstrate behaviors which are consistent with autism [;] spectrum disorders;

     (d) Approaches for use in the classroom to assist a pupil with autism spectrum disorder with communication and social development; and

     (e) Methods of providing support to pupils with autism spectrum disorders and their families.

     2.  To the extent money is available from the Grant Fund, the board of trustees of a school district or the governing body of a charter school may enter into an agreement with a local corporation, business, organization or other entity to provide training for licensed educational personnel employed by the school district or charter school who work with pupils with autism spectrum disorders in accordance with this section.

     Sec. 5.7.  NRS 391.415 is hereby amended to read as follows:

     391.415  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who are assigned to assist a parent or legal guardian of a pupil with autism spectrum disorder in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:

 


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ê2011 Statutes of Nevada, Page 2718 (Chapter 451, AB 316)ê

 

legal guardian of a pupil with autism spectrum disorder in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:

     1.  On using the 2008 Report of the Nevada Autism Task Force and any subsequent report issued by the Nevada Autism Task Force created pursuant to chapter 348, Statutes of Nevada 2007, or its successor organization, to determine best practices in the development of programs for pupils with autism [;] spectrum disorders; and

     2.  To provide the parent or legal guardian with information on all options for treatment and intervention that may assist the pupil in the pupil’s development and advancement.

     Sec. 5.9.  NRS 391.420 is hereby amended to read as follows:

     391.420  1.  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that a paraprofessional who is employed by the school district or charter school to provide assistance to pupils with autism spectrum disorders receives the appropriate preparation and training to acquire:

     (a) Knowledge of autism [,] spectrum disorder, including, without limitation:

           (1) The characteristics of autism and the range of spectrum disorders within a diagnosis of autism;

           (2) An understanding of the importance of building relationships between pupils with autism [,] spectrum disorders, other pupils and teachers or adults to encourage the independence of a pupil with autism [;] spectrum disorder; and

           (3) The ability to determine the patterns of behavior of pupils with autism [;] spectrum disorders;

     (b) The ability to provide structure and predictability through the consistent use of methods that support prior learning and continued development;

     (c) The ability to adapt, modify or structure the environment based upon an understanding of the auditory, visual or other sensory stimuli which may be reinforcing, calming or distracting to the pupil;

     (d) The ability to use positive behavioral supports, including, without limitation, the use of discrete trial, structured teaching methods, reinforcement and generalized approaches to enhance the pupil’s education and prevent behavioral problems, as directed by the pupil’s teacher or other appropriate personnel;

     (e) The ability to accurately collect and record data on the progress of a pupil with autism spectrum disorder and report to the pupil’s teacher in a timely manner if a particular strategy or program is not producing the planned outcome for the pupil; and

     (f) The ability to communicate effectively and consistently with pupils with autism spectrum disorders using communication techniques designed for those pupils.

     2.  To the extent money is available from the Grant Fund, the board of trustees of a school district or the governing body of a charter school may enter into an agreement with a local corporation, business, organization or other entity to provide training for a paraprofessional who provides assistance to pupils with autism spectrum disorders in accordance with this section.

 


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ê2011 Statutes of Nevada, Page 2719 (Chapter 451, AB 316)ê

 

     Secs. 6-9.  (Deleted by amendment.)

     Sec. 10.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 11, 12 and 12.5 of this act.

     Sec. 11.  As used in this section and NRS 442.750 and sections 12 and 12.5 of this act, “early intervention services” has the meaning ascribed to it in 20 U.S.C. § 1432.

     Sec. 12.  1.  The Health Division shall report annually to the Aging and Disability Services Division of the Department information relating to children with autism spectrum disorders. The information must:

     (a) Be submitted in the form required by the Aging and Disability Services Division;

     (b) Include the information required by the Aging and Disability Services Division pursuant to section 1.3 of this act;

     (c) Include the total number of children with autism spectrum disorders and the total number of children who may have autism spectrum disorders who are enrolled in early intervention services through the Health Division; and

     (d) Include the total number of hours and the type of early intervention services received by each child with autism spectrum disorder.

     2.  A child with autism spectrum disorder who is designated as a child with more than one physical or mental impairment or disability must be included as a child with autism spectrum disorder for the purposes of reporting information pursuant to this section.

     3.  The Health Division shall review the information submitted to the Aging and Disability Services Division pursuant to this section and any other data collected by the Health Division which demonstrates the ongoing outcomes of specific programs and treatments for children with autism spectrum disorders.

     Sec. 12.5.  For an infant or toddler with a disability who has autism spectrum disorder and is eligible for early intervention services, the Health Division shall refer the infant or toddler to the Autism Treatment Assistance Program established by section 1.5 of this act and coordinate with the Program to develop a plan of treatment for the infant or toddler pursuant to that section.

     Sec. 13.  NRS 442.750 is hereby amended to read as follows:

     442.750  1.  The Health Division shall ensure that the personnel employed by the Health Division who provide early intervention services to children with autism spectrum disorders and the persons with whom the Health Division contracts to provide early intervention services to children with autism spectrum disorders possess the knowledge and skills necessary to serve children with autism [,] spectrum disorders, including, without limitation:

     (a) The screening of a child for autism spectrum disorder at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization;

     (b) The procedure for evaluating children who demonstrate behaviors [which] that are consistent with autism [;] spectrum disorders, which procedure must require the use of the statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years prescribed pursuant to section 1.3 of this act;

 


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ê2011 Statutes of Nevada, Page 2720 (Chapter 451, AB 316)ê

 

     (c) The procedure for enrolling a child in early intervention services upon determining that the child has autism [;] spectrum disorder;

     (d) Methods of providing support to children with autism spectrum disorders and their families; and

     (e) The procedure for developing an individualized family service plan in accordance with Part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1431 et seq., or other appropriate plan for the child.

     2.  The Health Division shall ensure that the personnel employed by the Health Division to provide early intervention services to children with autism spectrum disorders and the persons with whom the Health Division contracts to provide early intervention services to children with autism [:] spectrum disorders:

     (a) Possess the knowledge and understanding of the scientific research and support for the methods and approaches for serving children with autism spectrum disorders and the ability to recognize the difference between an approach or method that is scientifically validated and one that is not;

     (b) Possess the knowledge to accurately describe to parents and guardians the research supporting the methods and approaches, including, without limitation, the knowledge necessary to provide an explanation that a method or approach is experimental if it is not supported by scientific evidence;

     (c) Immediately notify a parent or legal guardian if a child is identified as being at risk for a diagnosis of autism spectrum disorder and refer the parent or legal guardian to the appropriate professionals for further evaluation and simultaneously refer the parent or legal guardian to any appropriate early intervention services and strategies; and

     (d) Provide the parent or legal guardian with information on evidence-based treatments and interventions that may assist the child in the child’s development and advancement.

     3.  The Health Division shall ensure that the personnel employed by the Health Division who provide early intervention screenings to children and the persons with whom the Health Division contracts to provide early intervention screenings to children perform screenings of children for autism spectrum disorders at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization.

     4.  The Health Division shall ensure that:

     (a) For a child who may have autism spectrum disorder, the personnel employed by the Health Division who provide early intervention screenings to children and the persons with whom the Health Division contracts to provide early intervention screenings to children use the protocol designated pursuant to section 1.3 of this act for determining whether a child has autism spectrum disorder.

     (b) An initial evaluation of the cognitive, communicative, social, emotional and behavioral condition and adaptive skill level of a child with autism spectrum disorder is conducted to determine the baseline of the child.

     (c) A subsequent evaluation is conducted upon the child’s conclusion of the early intervention services to determine the progress made by the child from the time of his or her initial screening.

 


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ê2011 Statutes of Nevada, Page 2721 (Chapter 451, AB 316)ê

 

     Sec. 14.  Chapter 615 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Department shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to persons with autism spectrum disorders who receive vocational rehabilitation services. The information must:

     (a) Be submitted in the form required by the Aging and Disability Services Division;

     (b) Include the information required by the Aging and Disability Services Division pursuant to section 1.3 of this act;

     (c) Include the total number of persons with autism spectrum disorders who are receiving vocational rehabilitation services from the Division;

     (d) Include information concerning the types of vocational rehabilitation services provided to persons with autism spectrum disorders, the effectiveness of those services and the reasons for the ineffectiveness of those services, if applicable; and

     (e) Include information concerning the technical assistance and training provided to personnel of the Division who work with persons with autism spectrum disorders to improve the effectiveness of vocational rehabilitation services.

     2.  A person with autism spectrum disorder who is designated as a person with more than one physical or mental impairment or disability must be included as a person with autism spectrum disorder for the purposes of reporting information pursuant to this section.

     Sec. 15.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 2722ê

 

CHAPTER 452, AB 330

Assembly Bill No. 330–Assemblyman Oceguera

 

CHAPTER 452

 

[Approved: June 16, 2011]

 

AN ACT relating to government contracts; declaring privatization contracts to be public records; requiring governmental entities to submit certain information to the Chief of the Budget Division of the Department of Administration relating to the use of privatization contracts; requiring state agencies and local governments to include certain information relating to privatization contracts in the tentative budget of the state agency or local government; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, all public books and records of a governmental entity, the contents of which are not otherwise declared by law to be confidential or which the governmental entity determines pursuant to a balancing test must not be disclosed, must be open at all times during office hours for inspection and copying. (NRS 239.010) Section 1 of this bill declares to be a public record any privatization contract, defined in section 3 of this bill as a contract executed by or on behalf of a governmental entity which authorizes a private entity to provide public services that are: (1) substantially similar to the services performed by the public employees of the governmental entity; and (2) in lieu of the services otherwise required to be provided by the governmental entity.

       On or before September 1 of each even-numbered year, existing law requires all departments, institutions and other agencies of the Executive Department of the State Government to submit to the Chief of the Budget Division of the Department of Administration information regarding any existing contracts the department, institution or agency has with consultants or temporary employment services, the proposed expenditures for such contracts in the next 2 fiscal years and the reasons for the use of such consultants or services. (NRS 353.210) Section 7 of this bill requires that if such contracts are privatization contracts, the department, institution or agency must also submit a copy of each of the privatization contracts together with information regarding the duration and number of such contracts, as well as an analysis of the privatization contracts which includes a comparison of the use of the persons employed under the privatization contracts with the costs if the services were provided by regular full-time employees of the department, institution or agency. Section 7 further requires the information regarding contracts entered into by the department, institution or agency to be made open to public inspection. Section 8 of this bill requires a local government to provide the same disclosures regarding any contracts it has entered into while preparing a tentative budget, and to make such information open to public inspection. Because the budgetary process of local governments is required to be used by many other units of government, the provisions of section 8 also require the disclosures required regarding contracts a government agency has entered into to be provided while preparing a tentative budget by the following entities: (1) transportation districts; (2) districts for the support of public parks; (3) consolidated, district or town libraries; (4) county hospital districts; and (5) county fire protection districts.

 


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ê2011 Statutes of Nevada, Page 2723 (Chapter 452, AB 330)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 239 of NRS is hereby amended by adding thereto a new section to read as follows:

     Any privatization contract executed by or on behalf of a governmental entity is a public record and must be open to public inspection during the regular business hours of the governmental entity.

     Sec. 2.  NRS 239.001 is hereby amended to read as follows:

     239.001  The Legislature hereby finds and declares that:

     1.  The purpose of this chapter is to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law;

     2.  The provisions of this chapter must be construed liberally to carry out this important purpose; [and]

     3.  Any exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly [.] ; and

     4.  The use of private entities in the provision of public services must not deprive members of the public access to inspect and copy books and records relating to the provision of those services.

     Sec. 3.  NRS 239.005 is hereby amended to read as follows:

     239.005  As used in this chapter, unless the context otherwise requires:

     1.  “Actual cost” means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

     2.  “Committee” means the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

     3.  “Division” means the Division of State Library and Archives of the Department of Cultural Affairs.

     4.  “Governmental entity” means:

     (a) An elected or appointed officer of this State or of a political subdivision of this State;

     (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this State or of a political subdivision of this State;

     (c) A university foundation, as defined in NRS 396.405; or

     (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.

     5.  “Privatization contract” means a contract executed by or on behalf of a governmental entity which authorizes a private entity to provide public services that are:

     (a) Substantially similar to the services provided by the public employees of the governmental entity; and

     (b) In lieu of the services otherwise authorized or required to be provided by the governmental entity.

     Sec. 4.  NRS 244A.252 is hereby amended to read as follows:

     244A.252  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, create one or more transportation districts in the unincorporated area of the county.

 


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ê2011 Statutes of Nevada, Page 2724 (Chapter 452, AB 330)ê

 

the unincorporated area of the county. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:

     (a) Organize and maintain the district.

     (b) Establish, by ordinance, regulations:

           (1) For the administration of its internal affairs.

           (2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.

           (3) For the establishment and alteration of the boundaries of the district.

           (4) Providing for the use of revenue received by the district.

     (c) Hold meetings as the governing body of a district in conjunction with its meetings as the board of county commissioners without posting a separate agenda or posting additional notices of the meetings within the district.

     (d) Cause a special or general district election to be held in the same manner as provided for other such elections in title 24 of NRS for the purpose of submitting a question pursuant to paragraph (b) of subsection 1 of NRS 244.3351 or paragraph (b) of subsection 1 of NRS 278.710, or both, or cause the question or questions to be submitted at a primary or general state election.

     2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.

     3.  The budget of a district created pursuant to this section must comply with the provisions of NRS 354.470 to 354.626, inclusive [.] , and section 8 of this act.

     4.  All persons employed to perform the functions of a district are employees of the county for all purposes.

     Sec. 5.  NRS 244A.789 is hereby amended to read as follows:

     244A.789  1.  The budget of a district for the support of public parks must comply with the provisions of NRS 354.470 to 354.626, inclusive, and section 8 of this act but need not be separately prepared and may be included within the county budget. The district is not entitled to any share of revenue from the supplemental city-county relief tax.

     2.  The governing body may submit to the registered voters of the district at a primary or general election:

     (a) A proposal to issue general obligation bonds of the district to finance the acquisition, construction, equipment and improvement of one or more park projects within the district, or outside the district if the governing body finds that the park project will benefit the residents of the district, but the amount of general obligation bonds or other securities so issued may not exceed 10 percent of the assessed valuation of the taxable property in the district. The ballot question for such a proposal must contain the principal amount of the general obligation bonds to be issued, the purpose of the issuance of the bonds and the estimate established by the governing body of:

 


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ê2011 Statutes of Nevada, Page 2725 (Chapter 452, AB 330)ê

 

amount of the general obligation bonds to be issued, the purpose of the issuance of the bonds and the estimate established by the governing body of:

           (1) The duration of the levy of property tax that will be used to pay the general obligations; and

           (2) The average annual increase, if any, in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay for debt service on the general obligation bonds to be issued.

     (b) A proposal to levy a tax ad valorem pursuant to NRS 354.5982 for:

           (1) Any of the purposes described in paragraph (a);

           (2) Maintenance of public parks located within the district;

           (3) Maintenance of public parks located outside the district if the governing body finds that the parks benefit the residents of the district; or

           (4) Any combination of those purposes.

     3.  The ballot question for a proposal submitted to the registered voters pursuant to paragraph (b) of subsection 2 must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.

     4.  As used in this section, “park project” has the meaning ascribed to it in NRS 244A.039.

     5.  If the proposal to issue bonds is approved by the voters, the county may issue bonds of the district as provided in chapter 350 of NRS.

     Sec. 6.  NRS 268.442 is hereby amended to read as follows:

     268.442  1.  The governing body of a city may by ordinance, but not as in a case of emergency, create one or more transportation districts in the incorporated area of the city. The governing body of the city is ex officio the governing body of any district created pursuant to this section and may:

     (a) Organize and maintain the district.

     (b) Establish, by ordinance, regulations:

           (1) For the administration of its internal affairs.

           (2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.

           (3) For the establishment and alteration of the boundaries of the district.

           (4) Providing for the use of revenue received by the district.

     (c) Hold meetings as the governing body of a district in conjunction with its meetings as the governing body of the city without posting a separate agenda or posting additional notices of the meetings within the district.

     2.  The budget of a district created pursuant to this section must comply with NRS 354.470 to 354.626, inclusive [.] , and section 8 of this act.

     3.  All persons employed to perform the functions of a district are employees of the city for all purposes.

     Sec. 7.  NRS 353.210 is hereby amended to read as follows:

     353.210  1.  Except as otherwise provided in subsection 6, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the Executive Department of the State Government, and all agencies of the Executive Department of the State Government receiving state money, fees or other money under the authority of the State, including those operating on money designated for specific purposes by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief:

 


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ê2011 Statutes of Nevada, Page 2726 (Chapter 452, AB 330)ê

 

those operating on money designated for specific purposes by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief:

     (a) The number of positions within the department, institution or agency that have been vacant for at least 12 months, the number of months each such position has been vacant and the reasons for each such vacancy . [;]

     (b) Any existing contracts the department, institution or agency has with [consultants] persons or temporary employment services, the proposed expenditures for such contracts in the next 2 fiscal years and the reasons for the use of such [consultants] persons or services . [; and] If such contracts include any privatization contracts, a copy of each of those privatization contracts together with:

           (1) A statement specifying the duration of the privatization contracts;

           (2) The number of privatization contracts proposed for the next 2 fiscal years and the estimated expenditures for the privatization contracts; and

           (3) An analysis of each of the privatization contracts, which includes, without limitation:

                (I) For the preceding, current and next fiscal years, the annual amount required to perform each of the privatization contracts; and

                (II) For the preceding and current fiscal years, the number of persons the department, institution or agency employed pursuant to the privatization contracts, reflected as the equivalent full-time position if the persons were regularly employed by the department, institution or agency, including the equivalent hourly wage and the cost of benefits for each job classification.

     (c) Estimates of [their] expenditure requirements [,] of the department, institution or agency, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

     2.  The Chief shall direct that one copy of the forms submitted pursuant to subsection 1, accompanied by every supporting schedule and any other related material, be delivered directly to the Fiscal Analysis Division of the Legislative Counsel Bureau on or before September 1 of each even-numbered year.

     3.  The Budget Division of the Department of Administration shall give advance notice to the Fiscal Analysis Division of the Legislative Counsel Bureau of any conference between the Budget Division of the Department of Administration and personnel of other state agencies regarding budget estimates. A Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative may attend any such conference.

     4.  The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures, and must include a mission statement and measurement indicators for each program. The organizational units may be subclassified by functions and activities, or in any other manner at the discretion of the Chief.

     5.  If any department, institution or other agency of the Executive Department of the State Government, whether its money is derived from state money or from other money collected under the authority of the State, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in the Chief’s office or which the Chief may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.

 


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ê2011 Statutes of Nevada, Page 2727 (Chapter 452, AB 330)ê

 

fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in the Chief’s office or which the Chief may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.

     6.  Agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government shall submit to the Chief for his or her information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.

     7.  The information provided by a department, institution or agency pursuant to paragraph (b) of subsection 1 is a public record and must be open to public inspection.

     8.  As used in this section, “privatization contract” means a contract executed by or on behalf of a department, institution or agency which authorizes a private entity to provide public services which are:

     (a) Substantially similar to the services performed by the public employees of the department, institution or agency; and

     (b) In lieu of the services otherwise authorized or required to be provided by the department, institution or agency.

     Sec. 8.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  In preparing a tentative budget pursuant to NRS 354.596, the governing body of a local government shall prepare and include a list of any existing contracts the local government has with persons or temporary employment services, the proposed expenditures for such contracts in the next 2 fiscal years and the reasons for the use of such persons or services. If such contracts include privatization contracts, the local government must include in the list:

     (a) The duration of such contracts;

     (b) The number of privatization contracts proposed for the next 2 fiscal years and the estimated expenditures for such contracts; and

     (c) A summary of the number of persons the local government proposes to employ pursuant to each contract, reflected as their equivalent full-time positions if the persons were employed regularly by the local government, and their equivalent hourly wage.

     2.  The list prepared pursuant to this section is a public record and must be open to public inspection.

     3.  As used in this section, “privatization contract” means a contract executed by or on behalf of a local government which authorizes a private entity to provide public services which are:

     (a) Substantially similar to the services provided by the public employees of the local government; and

     (b) In lieu of the services otherwise authorized or required to be provided by the local government.

     Sec. 9.  NRS 354.474 is hereby amended to read as follows:

     354.474  1.  Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, and section 8 of this act apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive [:] , and section 8 of this act:

     (a) “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

 


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ê2011 Statutes of Nevada, Page 2728 (Chapter 452, AB 330)ê

 

or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

     (b) “Local government” does not include the Nevada Rural Housing Authority.

     2.  An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 8 of this act, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 8 of this act in addition to the requirements of chapter 539 of NRS.

     3.  An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, and section 8 of this act for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.

     Sec. 10.  NRS 354.476 is hereby amended to read as follows:

     354.476  As used in NRS 354.470 to 354.626, inclusive, and section 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.479 to 354.578, inclusive, have the meanings ascribed to them in those sections.

     Sec. 11.  NRS 354.626 is hereby amended to read as follows:

     354.626  1.  No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, and section 8 of this act is guilty of a misdemeanor and upon conviction thereof ceases to hold his or her office or employment. Prosecution for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.

     2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

     (a) Purchase of coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.

     (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

     (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

 


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ê2011 Statutes of Nevada, Page 2729 (Chapter 452, AB 330)ê

 

     (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

     (e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

     (f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds, medium-term obligations or an installment-purchase agreement and that are entered into by the local government after:

           (1) Any election required for the approval of the bonds or installment-purchase agreement has been held;

           (2) Any approvals by any other governmental entity required to be obtained before the bonds, medium-term obligations or installment-purchase agreement can be issued have been obtained; and

           (3) The ordinance or resolution that specifies each of the terms of the bonds, medium-term obligations or installment-purchase agreement, except those terms that are set forth in subsection 2 of NRS 350.165, has been adopted.

Ê Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

     (g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies, services and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

     (h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

     (i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

     (j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

     (k) The receipt by a local government of increased revenue that:

           (1) Was not anticipated in the preparation of the final budget of the local government; and

           (2) Is required by statute to be remitted to another governmental entity.

     (l) An agreement authorized pursuant to NRS 277A.370.

     Sec. 12.  NRS 379.025 is hereby amended to read as follows:

     379.025  1.  Except as otherwise provided in subsection 2, the trustees of any consolidated, county, district, town or other public library, and their successors, shall:

 


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     (a) Establish, supervise and maintain a library.

     (b) Appoint, evaluate the performance of and, if necessary, dismiss a librarian or, in the case of a consolidated library district, an executive director.

     (c) Hold and possess the property and effects of the library in trust for the public.

     (d) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.

     (e) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive [.] , and section 8 of this act.

     (f) In the case of a consolidated library district:

           (1) Administer any separate account established pursuant to NRS 354.603.

           (2) Annually submit a budget to the board of county commissioners and governing body of the city for joint review and recommendation, which must contain detailed priorities and estimates of the amount of money necessary for the operation and management of the consolidated library district for the next succeeding year. Unless a majority of the members of the board of county commissioners and a majority of the members of the governing body of the city reject the budget within 21 days after it is submitted to them, the trustees shall cause copies of the final budget to be submitted to the board of county commissioners for attachment to the copy of the final budget for the county which is filed pursuant to NRS 354.59801, and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801. If the budget is so rejected, the trustees shall resubmit a revised budget for joint review pursuant to this subparagraph.

           (3) Submit quarterly reports to the board of county commissioners and governing body of the city concerning the budget and the programs of the library, and provide any additional information requested by either governing body as soon as is reasonably practicable after receiving the request.

     (g) In the case of a district library, administer any separate account established pursuant to NRS 354.603.

     (h) Establish bylaws and regulations for the management of the library and their own management.

     (i) Manage all the property, real and personal, of the library.

     (j) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.

     (k) Administer any trust declared or created for the library.

     (l) Maintain or defend any action in reference to the property or affairs of the library.

     2.  The trustees may:

     (a) Make purchases and secure rooms.

     (b) Authorize the merger or, subject to the limitations in NRS 379.0221, the consolidation of a town or city library with a county library district.

     (c) Invest the money in the appropriate library fund in accordance with the provisions of chapter 355 of NRS.

 


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     (d) Do all acts necessary for the orderly and efficient management and control of the library.

     3.  The trustees shall, as a primary goal of the consolidated library district, provide the library facilities, resources and trained staff to meet the informational needs of all residents of the district.

     Sec. 13.  NRS 450.650 is hereby amended to read as follows:

     450.650  The board of trustees of each county hospital district shall prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive [.] , and section 8 of this act.

     Sec. 14.  NRS 474.190 is hereby amended to read as follows:

     474.190  1.  Subject to the provisions of subsection 3, the board of directors of each county fire protection district shall prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive [.] , and section 8 of this act.

     2.  The budget of a district must be based on estimates of the amount of money that will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.

     3.  The amount of money to be raised for the purpose of establishing, equipping and maintaining the district with fire-fighting facilities must not in any 1 year exceed 1 percent of the assessed value of the property described in NRS 474.200 and any net proceeds of minerals derived from within the boundaries of the district.

     Sec. 15.  NRS 474.510 is hereby amended to read as follows:

     474.510  1.  The board of fire commissioners shall prepare an annual budget in accordance with the provisions of NRS 354.470 to 354.626, inclusive, and section 8 of this act, for each district organized in accordance with NRS 474.460.

     2.  Each budget must be based on estimates of the amount of money which will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.

     3.  At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 2, upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

     4.  The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 3 and any net proceeds of minerals derived from within the boundaries of the district.

     5.  If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483, and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.

 


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     6.  For the purposes of NRS 474.460 to 474.540, inclusive, the treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district emergency fund. The money collected to defray the expenses of any district organized pursuant to NRS 474.460 must be deposited in the district fire protection operating fund, and the money collected to meet unforeseen emergencies must be deposited in the district emergency fund. The district emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district emergency fund must not exceed the sum of $1,000,000. Any interest earned on the money in the district emergency fund that causes the balance in that fund to exceed $1,000,000 must be credited to the district fire protection operating fund.

     7.  For the purposes of subsection 6, an emergency includes, without limitation, any event that:

     (a) Causes widespread or severe damage to property or injury to or the death of persons within the district;

     (b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and

     (c) Requires the district to provide money to obtain a matching grant from an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.

     Sec. 16.  This act becomes effective on July 1, 2011.

________

 


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CHAPTER 453, AB 80

Assembly Bill No. 80–Committee on Government Affairs

 

CHAPTER 453

 

[Approved: June 16, 2011]

 

AN ACT relating to the Public Employees’ Benefits Program; making various changes relating to the Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Board of the Public Employees’ Benefits Program is required to submit various reports concerning the administration and operation of the Program. (NRS 287.043, 287.04366) Sections 3, 8 and 14 of this bill make the Executive Officer of the Program, rather than the Board, responsible for submitting such reports.

       Under existing law, if a retired public officer or employee of the State or a local governmental agency, or the surviving spouse of such a retired officer or employee, who was formerly covered by health insurance provided under the Program, or under a plan offered by the local governmental employer, reinstates such insurance, the reinstated insurance excludes coverage for certain preexisting conditions during the first 12 months after such reinstatement. (NRS 287.0205, 287.0475) Sections 4.5 and 12 of this bill eliminate the exclusion for certain preexisting conditions as called for in the Patient Protection and Affordable Care Act. (Pub. L. No. 111-148, 124 Stat. 119) Section 12 also prohibits a public officer or employee who retired from a local governmental agency, or his or her surviving spouse, from reinstating health insurance under the Program if the Board has adopted regulations that exclude such persons from participation in the Program because they are eligible for health coverage from a health and welfare plan or trust that arose out of certain collective bargaining agreements or under certain federal laws.

       Under existing law, a state agency is required to pay to the Program a certain amount to pay a portion of the cost of coverage under the Program for each state officer or employee of that state agency who participates in the Program. State officers and employees are required to pay the remaining portion of the costs of their coverage as well as the full amount of covering their dependents under the Program. The Board is authorized to allocate the money paid by the state agency between the costs of coverage for such officers and employees and for their dependents. (NRS 287.044) Section 9 of this bill clarifies the manner in which the Board may perform the allocation.

       Existing law provides for the payment of a subsidy to cover a portion of the costs of coverage under the Program for certain retired state officers and employees. (NRS 287.046) Section 10 of this bill clarifies that employees who are initially hired by the State on or after January 1, 2010, are not entitled to the subsidy for coverage under the Program if they retire with less than 15 years of service, which must include state service and may include local governmental service, with the exception of disabled retirees, or if they fail to maintain continuous coverage under the Program during retirement. Section 6 of this bill clarifies the application of this provision to persons who retire from employment with local governmental agencies.

       Existing law provides that if a state officer or employee or a dependent of a state officer or employee incurs medical costs that are payable under the Program, but for which a third person has the legal liability to pay, the Board is subrogated to the rights of the officer, employee or dependent and may commence, join or intervene in any legal action against the third person to enforce that legal liability. (NRS 287.0465) Section 11 of this bill extends this provision to apply to any person who participates in the Program, including retired, as well as active, officers and employees of the State and their dependents and to active and retired officers and employees of local governments and their dependents who are covered under the Program.

 


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participates in the Program, including retired, as well as active, officers and employees of the State and their dependents and to active and retired officers and employees of local governments and their dependents who are covered under the Program.

       Existing law provides that the surviving spouse and any surviving child of a police officer or firefighter who was killed in the line of duty are eligible to obtain or continue coverage under the Program or a benefits plan established by his or her local governmental employer under certain circumstances. The public employer of the police officer or firefighter, or the State of Nevada in the case of a volunteer firefighter, is required to pay the entire cost of the coverage for the surviving spouse for life and the entire cost of the coverage for any surviving child at least until the child reaches 18 years of age and until the child reaches 23 years of age so long as the child is a full-time student. (NRS 287.021, 287.0477) Sections 5 and 13 of this bill codify that the duration of the coverage for the surviving children of police officers and firefighters killed in the line of duty is the same as the duration of coverage for children otherwise in the public employer’s health care plan.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  1.  The Executive Officer shall submit a report regarding the administration and operation of the Program to the Board and the Director of the Department of Administration, and to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature or, if the Legislature is not in regular session, to the Legislative Commission and the Interim Retirement and Benefits Committee of the Legislature created by NRS 218E.420. The report must include, without limitation:

     (a) An audited financial statement of the Program Fund for the immediately preceding fiscal year. The statement must be prepared by an independent certified public accountant.

     (b) An audited financial statement of the Retirees’ Fund for the immediately preceding fiscal year. The statement must be prepared by an independent certified public accountant.

     (c) A report of the utilization of the Program by participants during the immediately preceding plan year, segregated by benefit, administrative cost, active employees and retirees, including, without limitation, an assessment of the actuarial accuracy of reserves.

     (d) Material provided generally to participants or prospective participants in connection with enrollment in the Program for the current plan year, including, without limitation:

           (1) Information regarding rates and the costs for participation in the Program paid by participants on a monthly basis; and

           (2) A summary of the changes in the plan design for the current plan year from the plan design for the immediately preceding plan year.

     2.  The Executive Officer shall submit a biennial report to the Board and the Director of the Department of Administration, and to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature.

 


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of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation:

     (a) An independent biennial certified actuarial valuation and report of the State’s health and welfare benefits for current and future state retirees, which are provided for the purpose of developing the annual required contribution pursuant to the statements issued by the Governmental Accounting Standards Board.

     (b) A biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits. The review must be conducted by an attorney who specializes in employee benefits.

     Sec. 4.  NRS 287.0205 is hereby amended to read as follows:

     287.0205  1.  A public officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or is enrolled in a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased, may, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

     (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or

     (b) Under the Public Employees’ Benefits Program, if the last public employer of the retired officer or employee participates in the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

     2.  Reinstatement pursuant to paragraph (a) of subsection 1 must be requested by:

     (a) Giving written notice of the intent of the public officer or employee or surviving spouse to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;

     (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

     (c) Except as otherwise provided in [subparagraph (2) of] paragraph (b) of subsection 4 of NRS 287.023, paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which is due from the date of reinstatement and not paid by the public employer.

Ê The last public employer shall give the insurer notice of the reinstatement not later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of the intent to reinstate the insurance.

     3.  Reinstatement pursuant to paragraph (b) of subsection 1 must be requested pursuant to NRS 287.0475.

     4.  [Reinstatement] If a plan is considered grandfathered under the Patient Protection and Affordable Care Act, Public Law 111-148, reinstatement of insurance pursuant to subsection 1 [excludes] may exclude claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

 


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consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

     5.  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to the retired officer or employee and the retired officer’s or employee’s dependents at the time of retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.

     Sec. 4.5.  NRS 287.0205 is hereby amended to read as follows:

     287.0205  1.  A public officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or is enrolled in a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased, may, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

     (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or

     (b) Under the Public Employees’ Benefits Program, if the last public employer of the retired officer or employee participates in the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

     2.  Reinstatement pursuant to paragraph (a) of subsection 1 must be requested by:

     (a) Giving written notice of the intent of the public officer or employee or surviving spouse to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;

     (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

     (c) Except as otherwise provided in paragraph (b) of subsection 4 of NRS 287.023, paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which is due from the date of reinstatement and not paid by the public employer.

Ê The last public employer shall give the insurer notice of the reinstatement not later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of the intent to reinstate the insurance.

     3.  Reinstatement pursuant to paragraph (b) of subsection 1 must be requested pursuant to NRS 287.0475.

     4.  [If a plan is considered grandfathered under the Patient Protection and Affordable Care Act, Public Law 111-148, reinstatement of insurance pursuant to subsection 1 may exclude claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

 


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ê2011 Statutes of Nevada, Page 2737 (Chapter 453, AB 80)ê

 

12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

     5.]  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to the retired officer or employee and the retired officer’s or employee’s dependents at the time of retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.

     Sec. 5.  NRS 287.021 is hereby amended to read as follows:

     287.021  1.  Except as otherwise provided in subsection 3, the surviving spouse and any surviving child of a police officer or firefighter who was:

     (a) Employed by a local governmental agency that had established group insurance, a plan of benefits or medical and hospital service pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; and

     (b) Killed in the line of duty,

Ê may elect to accept or continue coverage under that group insurance, plan or medical and hospital service if the police officer or firefighter was a participant or would have been eligible to participate in the group insurance, plan or medical and hospital service on the date of the death of the police officer or firefighter. If the surviving spouse or child elects to accept coverage under the group insurance, plan or medical and hospital service in which the police officer or firefighter would have been eligible to participate or to discontinue coverage under the group insurance, plan or medical and hospital service in which the police officer or firefighter was a participant, the spouse, child or legal guardian of the child must notify in writing the local governmental agency that employed the police officer or firefighter within 60 days after the date of death of the police officer or firefighter.

     2.  [The] Except as otherwise provided in NRS 287.023, the local governmental agency that employed the police officer or firefighter shall pay the entire cost of the premiums or contributions for the group insurance, plan of benefits or medical and hospital service for the surviving spouse or child who meets the requirements set forth in subsection 1.

     3.  A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches [:

     (a) The age of 18 years; or

     (b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.] the age at which the child would not otherwise be eligible to receive coverage under the group insurance, plan of benefits or medical and hospital service.

     4.  As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.

     Sec. 6.  NRS 287.023 is hereby amended to read as follows:

     287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, during the period in which the person served as an officer or employee, was eligible to be covered or had dependents who were eligible to be covered by any group insurance, plan of benefits

 


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public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, during the period in which the person served as an officer or employee, was eligible to be covered or had dependents who were eligible to be covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage to the extent that such coverage is not provided to the officer or employee or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

     2.  A retired person who continues coverage under the Public Employees’ Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees’ Retirement System to continue coverage.

     3.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and any dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or coverage under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

     4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:

     (a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

     (b) Shall pay the same portion of the cost of coverage under the Public Employees’ Benefits Program for retired persons who [:

           (1) Were initially hired before January 1, 2010, and who retire and] are covered under the Program [pursuant to subsection 1 or who subsequently reinstate coverage under the Program pursuant to NRS 287.0205; or

           (2) Are initially hired on or after January 1, 2010, and who retire with:

                (I) At least 15 years of service credit, which must include local governmental service and may include state service, and who have participated in the Program on a continuous basis since their retirement from such employment; or

                (II) At least 5 years of service credit, which must include local governmental service and may include state service, who do not have at least 15 years of service credit to qualify under sub-subparagraph (I) as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education.

 


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15 years of service credit to qualify under sub-subparagraph (I) as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education.

Ê] as the State pays pursuant to [subsection 1 of] NRS 287.046 for persons retired with state service who participate in the [Public Employees’ Benefits] Program.

     5.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.

     Sec. 7.  NRS 287.0402 is hereby amended to read as follows:

     287.0402  As used in NRS 287.0402 to 287.049, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 to 287.04064, inclusive, have the meanings ascribed to them in those sections.

     Sec. 8.  NRS 287.043 is hereby amended to read as follows:

     287.043  1.  The Board shall:

     (a) Establish and carry out a program to be known as the Public Employees’ Benefits Program which:

           (1) Must include a program relating to group life, accident or health insurance, or any combination of these; and

           (2) May include:

                (I) A plan that offers flexibility in benefits, and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; or

                (II) A program to reduce taxable compensation or other forms of compensation other than deferred compensation,

Ê for the benefit of all state officers and employees and other persons who participate in the Program.

     (b) Ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

     2.  In establishing and carrying out the Program, the Board shall:

     (a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

     (b) Except as otherwise provided in this paragraph, negotiate and contract pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that wishes to obtain exclusive group insurance for all of its active and retired officers and employees and their dependents, except as otherwise provided in sub-subparagraph (III) of subparagraph (2) of paragraph (h), by participation in the Program. The Board shall establish separate rates and coverage for active and retired officers and employees of those local governmental agencies and their dependents based on actuarial reports that commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

 


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ê2011 Statutes of Nevada, Page 2740 (Chapter 453, AB 80)ê

 

separate rates and coverage for active and retired officers and employees of those local governmental agencies and their dependents based on actuarial reports that commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

     (c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public agency that may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

     (d) If a proposed change is a change in the premium or contribution charged for, or coverage of, health insurance, provide written notice of the proposed change to all participants in the Program. The notice must be provided at least 30 days before the date on which a participant in the Program is required to select or change the participant’s policy of health insurance.

     (e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this State or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible participants in the Program.

     (f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.

     (g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

     (h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.010 to 287.245, inclusive, and section 3 of this act, including, without limitation, the establishment of:

           (1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;

           (2) Conditions for entry and reentry into and exit from the Program by local governmental agencies pursuant to paragraph (a) of subsection 1 of NRS 287.025, which:

                (I) Must include a minimum period of 4 years of participation for entry into the Program;

                (II) Must include a requirement that participation of any retired officers and employees of the local governmental agency whose last continuous period of enrollment with the Program began after November 30, 2008, terminates upon termination of the local governmental agency’s contract with the Program; and

                (III) May allow for the exclusion of active and retired officers and employees of the local governmental agency who are eligible for health coverage from a health and welfare plan or trust that arose out of collective bargaining under chapter 288 of NRS or a trust established pursuant to 29 U.S.C. § 186;

           (3) Procedures by which a group of participants in the Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry into the Program by those participants;

           (4) Specific procedures for the determination of contested claims;

           (5) Procedures for review and notification of the termination of coverage of persons pursuant to paragraph (b) of subsection 4 of NRS 287.023; and

 


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ê2011 Statutes of Nevada, Page 2741 (Chapter 453, AB 80)ê

 

           (6) Procedures for the payments that are required to be made pursuant to paragraph (b) of subsection 4 of NRS 287.023.

     [(i) Appoint an independent certified public accountant. The accountant shall:

           (1) Provide an annual audit of the Program; and

           (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420.

     (j) Appoint an attorney who specializes in employee benefits. The attorney shall:

           (1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and

           (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420.

     3.  The Board shall submit an annual report regarding the administration and operation of the Program to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature, or to the Legislative Commission when the Legislature is not in regular session, for acceptance or rejection not more than 6 months before the Board establishes rates and coverage for participants for the following plan year. The report must include, without limitation:

     (a) Detailed financial results for the Program for the preceding plan year, including, without limitation, identification of the sources of revenue for the Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs. The results must be provided separately concerning:

           (1) Participants who are active and retired state officers and employees and their dependents;

           (2) All participants in the Program other than those described in subparagraph (1); and

           (3) Within the groups described in subparagraphs (1) and (2), active participants, retired participants for which the Program provides primary health insurance coverage and retired participants in the Program who are provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.

     (b) An assessment of actuarial accuracy and reserves for the current plan year and the immediately preceding plan year.

     (c) A summary of the plan design for the current plan year, including, without limitation, information regarding rates and any changes in the vendors with which the Program has entered into contracts, and a comparison of the plan design for the current plan year to the plan design for the immediately preceding plan year. The information regarding rates provided pursuant to this paragraph must set forth the costs for participation in the Program paid by participants and employers on a monthly basis.

     (d) A description of all written communications provided generally to all participants by the Program during the preceding plan year.

     (e) A discussion of activities of the Board concerning purchasing coalitions.

     4.] 3.  The Board may use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration to establish and carry out the Program.

 


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ê2011 Statutes of Nevada, Page 2742 (Chapter 453, AB 80)ê

 

     [5.] 4.  The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.

     [6.] 5.  A participating public agency is not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.

     [7.] 6.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

     Sec. 9.  NRS 287.044 is hereby amended to read as follows:

     287.044  1.  Except as otherwise provided in subsection 2, each participating state agency shall pay to the Program an amount specified by law for every state officer or employee who is employed by a participating public agency on a permanent and full-time basis and elects to participate in the Program.

     2.  A member of the Senate or Assembly who elects to participate in the Program shall pay the entire premium or contribution for the member’s insurance.

     3.  State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of such a premium or contribution must be based on the actual amount of the premium or contribution after deducting any amount [of the premium or contribution which is paid] allocated by the Board pursuant to subsection [1.] 6.

     4.  If a state officer or employee chooses to cover any dependents, whenever this option is made available by the Board, except as otherwise provided in NRS 287.021 and 287.0477, the state officer or employee must pay the difference between the amount of the premium or contribution for the coverage for the state officer or employee and such dependents and [the] any amount [paid by the participating state agency that employs the officer or employee.] allocated by the Board pursuant to subsection 6.

     5.  A participating state agency shall not pay any part of those premiums or contributions if the group life insurance or group accident or health insurance is not approved by the Board.

     6.  The Board may allocate the money paid to the Program pursuant to [this section] subsection 1 between the cost of premiums and contributions for group insurance for each state officer or employee, except a member of the Senate or Assembly, and the dependents of each state officer or employee.

     Sec. 10.  NRS 287.046 is hereby amended to read as follows:

     287.046  1.  The Department of Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who have retired with state service . [before January 1, 1994, or under the circumstances set forth in paragraph (a), (b) or (c) of subsection 3.]

     2.  The money assessed pursuant to subsection 1 must be deposited into the Retirees’ Fund and must be based upon [an] a base amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for [such retirees.] persons who retired before January 1, 1994, or for persons who retire on or after January 1, 1994, as adjusted by subsection 3.

 


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ê2011 Statutes of Nevada, Page 2743 (Chapter 453, AB 80)ê

 

January 1, 1994, or for persons who retire on or after January 1, 1994, as adjusted by subsection 3. Except as otherwise provided in subsection [4,] 5, the portion to be paid to the Program from the Retirees’ Fund on behalf of such persons must be equal to a portion of the cost for each retiree and the retiree’s dependents who are enrolled in the plan, as defined for each year of the plan by the Program.

     3.  [Adjustments] Except as otherwise provided in subsection 4, adjustments to the portion of the amount approved by the Legislature pursuant to subsection 2 to be paid by the Retirees’ Fund [must be as follows:

     (a) For] for persons who retire on or after January 1, 1994, with state service [:

           (1)] must be as follows:

     (a) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

           [(2)] (b) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

     [(b) For persons who are]

     4.  No money may be paid by the Retirees’ Fund on behalf of a retired person who is initially hired by the State on or after January 1, 2010, and who [retire with at least 15 years of service credit, which must include state service and may include local governmental service, and who have] :

     (a) Has not participated in the Program on a continuous basis since [their] retirement from such employment [, for each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

     (c) For persons who are initially hired by the State on or after January 1, 2010, and who retire with at least 5 years of service credit, which must include state service and may include local governmental service, who do] ; or

     (b) Does not have at least 15 years of service [credit to qualify under paragraph (b) as] , which must include state service and may include local governmental service, unless the retired person does not have at least 15 years of service as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and [who have] has participated in the Program on a continuous basis since [their] retirement from such employment . [:

           (1) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature.

 


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ê2011 Statutes of Nevada, Page 2744 (Chapter 453, AB 80)ê

 

base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

           (2) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

     4.] 5.  If the amount calculated pursuant to subsection 3 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund.

     [5.] 6.  For the purposes of subsection [1:] 3:

     (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

     (b) No proration may be made for a partial year of [state] service.

     [6.] 7.  The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and the retired participant’s dependents to the retired participant and to the retired participant’s dependents who elect to continue coverage under the Program after the retired participant’s death.

     Sec. 11.  NRS 287.0465 is hereby amended to read as follows:

     287.0465  1.  If [an officer or employee of the State or a dependent of such an officer or employee] a member incurs an illness or injury for which medical services are payable under the plan for self-insurance established by the Board and the illness or injury is incurred under circumstances creating a legal liability in some person, other than the [officer, employee or dependent,] member, to pay all or part of the cost of those services, the Board is subrogated to the right of the [officer, employee or dependent] member to the extent of all such costs, and may join or intervene in any action by the [officer, employee or dependent] member or any [successors] successor in interest, to enforce that legal liability.

     2.  If [an officer, employee or dependent] a member or any [successors] successor in interest fail or refuse to commence an action to enforce that legal liability, the Board may commence an independent action, after notice to the [officer, employee or dependent] member or any [successors] successor in interest, to recover all costs to which it is entitled. In any such action by the Board, the [officer, employee or dependent] member may be joined as a third party defendant.

     3.  If the Board is subrogated to the rights of the [officer, employee or dependent] member or any [successors] successor in interest as provided in subsection 1, the Board has a lien upon the total proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of a judgment or settlement or otherwise. Within 15 days after recovery by receipt of the proceeds of the judgment, settlement or other recovery, the [officer, employee or dependent] member or any successors in interest shall notify the Board of the recovery and pay the Board the amount due to it pursuant to this section. The [officer, employee or dependent] member or any successors in interest are not entitled to double recovery for the same injury.

 


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ê2011 Statutes of Nevada, Page 2745 (Chapter 453, AB 80)ê

 

     4.  The [officer, employee or dependent] member or any successors in interest shall notify the Board in writing before entering any settlement or agreement or commencing any action to enforce the legal liability referred to in subsection 1.

     5.  As used in this section, “member” means:

     (a) An active or retired officer or employee of the State or a dependent of such an officer or employee who is covered under the Program; and

     (b) An active or retired officer or employee of a local governmental agency or a dependent of such an officer or employee who is covered under the Program.

     Sec. 12.  NRS 287.0475 is hereby amended to read as follows:

     287.0475  1.  A retired public officer or employee or the surviving spouse of a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance under the Program, except life insurance, that, at the time of reinstatement, is provided by the Program if the retired public officer or employee retired:

     (a) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from a participating state agency or was enrolled in a retirement program provided pursuant to NRS 286.802; or

     (b) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from employment with a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State which is a participating local governmental agency at the time of the request for reinstatement [.] , unless the retired public officer or employee is excluded from participation in the Program pursuant to sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2 of NRS 287.043.

     2.  Reinstatement pursuant to subsection 1 must be requested by:

     (a) Giving written notice to the Program of the intent of the public officer or employee or surviving spouse to reinstate the insurance not later than March 15 of an even-numbered year;

     (b) Accepting the Program’s current plan of insurance and any subsequent changes thereto; and

     (c) Except as otherwise provided in NRS 287.046, paying any portion of the premiums or contributions for coverage under the Program, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.

     [3.  Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.]

     Sec. 13.  NRS 287.0477 is hereby amended to read as follows:

     287.0477  1.  Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or firefighter who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the Public Employees’ Benefits Program or another insurer or employee benefit plan approved by the Board pursuant to NRS 287.0479 if the police officer or firefighter was a participant or would have been eligible to participate on the date of the death of the police officer or firefighter. If the surviving spouse or child elects to join or discontinue coverage under the Public Employees’ Benefits Program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or firefighter within 60 days after the date of death of the police officer or firefighter.

 


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ê2011 Statutes of Nevada, Page 2746 (Chapter 453, AB 80)ê

 

must notify in writing the participating public agency that employed the police officer or firefighter within 60 days after the date of death of the police officer or firefighter.

     2.  Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer firefighter who was killed in the line of duty and who was officially a member of a volunteer fire department in this State is eligible to join the Public Employees’ Benefits Program. If such a spouse or child elects to join the Public Employees’ Benefits Program, the spouse, child or legal guardian of the child must notify in writing the Board within 60 days after the date of death of the volunteer firefighter.

     3.  The participating public agency that employed the police officer or firefighter shall pay the entire cost of the premiums or contributions for the Public Employees’ Benefits Program or another insurer or employee benefit plan approved by the Board pursuant to NRS 287.0479 for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the Public Employees’ Benefits Program for the surviving spouse or child who elects to join the Public Employees’ Benefits Program pursuant to subsection 2.

     4.  A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches [:

     (a) The age of 18 years; or

     (b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.] the age at which the child would not otherwise be eligible to receive coverage under the Public Employees’ Benefits Program.

     5.  As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.

     Sec. 14.  NRS 287.04366 is hereby repealed.

     Sec. 15.  1.  This section and sections 4 and 12 of this act become effective on July 1, 2011.

     2.  Sections 1, 2, 3, 5 to 11, inclusive, 13 and 14 of this act become effective on October 1, 2011.

     3.  Section 4.5 of this act becomes effective on the date on which the provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, cease to allow a grandfathered health plan to exclude claims for preexisting medical conditions.

________

 


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ê2011 Statutes of Nevada, Page 2747ê

 

CHAPTER 454, SB 34

Senate Bill No. 34–Committee on Revenue

 

CHAPTER 454

 

[Approved: June 16, 2011]

 

AN ACT relating to taxation; revising the provisions governing the administration of sales and use taxes to ensure continued compliance with the Streamlined Sales and Use Tax Agreement and to apply the taxes to retailers whose activities have a sufficient nexus with this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the administration of sales and use taxes in this State pursuant to the Simplified Sales and Use Tax Administration Act, the Sales and Use Tax Act and the Local School Support Tax Law. (Chapters 360B, 372 and 374 of NRS) Under existing law, the Legislature has found and declared that this State should enter into an interstate agreement to simplify and modernize sales and use tax administration to reduce the burden of tax compliance for all sellers and types of commerce. (NRS 360B.020) Existing law requires the Nevada Tax Commission to enter into the Streamlined Sales and Use Tax Agreement and take all other actions reasonably required to implement the provisions of the Agreement. (NRS 360B.110)

       This bill carries out various requirements of the Streamlined Sales and Use Tax Agreement. Sections 2 and 26 of this bill replace superseded requirements for purchases of direct mail with new requirements regarding the sourcing of those transactions to various jurisdictions and the respective responsibilities of sellers and purchasers for the collection, reporting and payment of the applicable taxes. Section 3 of this bill sets forth a new requirement regarding the registration of certain sellers who anticipate making no sales into certain states. Sections 3, 14 and 23 of this bill carry out a new requirement to allow the electronic filing of simplified tax returns. Sections 4 and 7 of this bill carry out a recent amendment to the Agreement governing the taxation of delivery charges. Section 4.5 of this bill carries out a recent amendment to the Agreement regarding the due dates for tax returns and payments. Sections 13 and 22 of this bill set forth new requirements regarding the liability of a seller for accepting certain certificates of exemption which indicate that the claimed exemption is not available. Sections 5 and 6 of this bill delete certain provisions of the Agreement that do not apply in this State. Sections 9, 10, 18 and 19 of this bill delete a requirement for good faith which is not allowed by the Agreement.

       Under existing law, the Commerce Clause of the United States Constitution prohibits a state from requiring a retailer to collect sales and use taxes unless the activities of the retailer have a substantial nexus with the taxing state. (Quill Corp. v. North Dakota, 504 U.S. 298, 112 S.Ct. 1904 (1992)) Sections 8 and 17 of this bill apply the sales and use taxes imposed in this State to every retailer whose activities have such a nexus.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 360.299 is hereby amended to read as follows:

     360.299  1.  In determining the amount of:

     (a) Sales tax due on a sale at retail, the rate of tax used must be the sum of the rates of all taxes imposed upon sales at retail in:

           (1) The county determined pursuant to the provisions of NRS 360B.350 to 360B.375, inclusive [;] , or section 2 of this act; or

 


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ê2011 Statutes of Nevada, Page 2748 (Chapter 454, SB 34)ê

 

           (2) If those provisions do not apply to the sale, the county in which the property is or will be delivered to the purchaser or the agent or designee of the purchaser.

     (b) Use tax due on the purchase of tangible personal property for use, storage or other consumption in this state, the rate of tax used must be the sum of the rates of all taxes imposed upon the use, storage or other consumption of property in:

           (1) The county determined pursuant to the provisions of NRS 360B.350 to 360B.375, inclusive [;] , or section 2 of this act; or

           (2) If those provisions do not apply to the purchase, the county in which the property is first used, stored or consumed.

     2.  In determining the amount of taxes due pursuant to subsection 1:

     (a) The amount due must be computed to the third decimal place and rounded to a whole cent using a method that rounds up to the next cent if the numeral in the third decimal place is greater than 4.

     (b) A retailer may compute the amount due on a transaction on the basis of each item involved in the transaction or a single invoice for the entire transaction.

     3.  On or before January 1 of each year, the Department shall transmit to each retailer to whom a permit has been issued a notice which contains the provisions of subsections 1 and 2 and NRS 372.365.

     Sec. 2.  Chapter 360B of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Notwithstanding the provisions of NRS 360B.350 to 360B.375, inclusive:

     (a) A purchaser of advertising and promotional direct mail may provide the seller with:

           (1) Documentation of the direct pay permit of the purchaser issued pursuant NRS 360B.260;

           (2) A certificate or written statement, in a form approved by the Department in accordance with the provisions of the Agreement, claiming the direct mail; or

           (3) An informational statement of the jurisdictions to which the advertising and promotional direct mail is to be delivered to recipients.

     (b) If the purchaser provides the documentation, certificate or statement pursuant to subparagraph (1) or (2) of paragraph (a), the sale shall be deemed to take place in the jurisdictions to which the advertising and promotional direct mail is to be delivered to the recipients and:

           (1) If the seller does not maintain a place of business in this State:

                (I) The purchaser shall report and pay any applicable sales or use taxes due; and

                (II) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the advertising and promotional direct mail to which the documentation, certificate or statement applies; or

           (2) If the seller maintains a place of business in this State:

                (I) The seller shall collect and remit any applicable sales or use taxes due in this State;

                (II) The purchaser shall report and pay any applicable sales or use taxes due in any other state; and

                (III) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the advertising and promotional direct mail to which the documentation, certificate or statement applies which are due in any other state.

 


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ê2011 Statutes of Nevada, Page 2749 (Chapter 454, SB 34)ê

 

transaction involving the advertising and promotional direct mail to which the documentation, certificate or statement applies which are due in any other state.

     (c) If the purchaser provides the informational statement pursuant to subparagraph (3) of paragraph (a):

           (1) The sale shall be deemed to take place in the jurisdictions to which the advertising and promotional direct mail is to be delivered;

           (2) The seller shall collect and remit any applicable sales or use taxes due to those jurisdictions; and

           (3) If the seller complies with subparagraph (2) in accordance with the delivery information provided by the purchaser, the seller, in the absence of bad faith, is relieved of any further obligation to collect any additional sales or use taxes on the sale.

     (d) If the purchaser does not provide the seller with any of the items listed in paragraph (a), the sale shall be deemed to take place at the location described in subsection 5 of NRS 360B.360. The state to which the advertising and promotional direct mail is delivered may disallow credit for any sales or use taxes paid in accordance with this paragraph.

     2.  Notwithstanding the provisions of NRS 360B.350 to 360B.375, inclusive:

     (a) Except as otherwise provided in this subsection, the sale of other direct mail shall be deemed to take place at the location described in subsection 3 of NRS 360B.360.

     (b) A purchaser of other direct mail may provide the seller with:

           (1) Documentation of the direct pay permit of the purchaser issued pursuant NRS 360B.260; or

           (2) A certificate or written statement, in a form approved by the Department in accordance with the provisions of the Agreement, claiming the direct mail.

     (c) If the purchaser provides the documentation, certificate or statement pursuant to paragraph (b), the sale shall be deemed to take place in the jurisdictions to which the other direct mail is to be delivered to the recipients and:

           (1) If the seller does not maintain a place of business in this State:

                (I) The purchaser shall report and pay any applicable sales or use taxes due; and

                (II) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the other direct mail to which the documentation, certificate or statement applies; or

           (2) If the seller maintains a place of business in this State:

                (I) The seller shall collect and remit any applicable sales or use taxes due in this State;

                (II) The purchaser shall report and pay any applicable sales or use taxes due in any other state; and

                (III) The seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any sales or use taxes applicable to any transaction involving the other direct mail to which the documentation, certificate or statement applies which are due in any other state.

     3.  This section does not apply to any transaction that includes the development of billing information or the provision of any data processing service that is more than incidental, regardless of whether any advertising and promotional direct mail is included in the same mailing.

 


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ê2011 Statutes of Nevada, Page 2750 (Chapter 454, SB 34)ê

 

service that is more than incidental, regardless of whether any advertising and promotional direct mail is included in the same mailing.

     4.  If a transaction is a bundled transaction, as defined by a regulation of the Department in accordance with the provisions of the Agreement, that includes advertising and promotional direct mail, this section applies only if the primary purpose of the transaction is the sale of products that meet the definition set forth in paragraph (a) of subsection 6.

     5.  The provisions of this section do not limit any purchaser’s:

     (a) Liability for any sales or use taxes to any states to which the direct mail is delivered;

     (b) Rights under local, state, federal or constitutional law, to a credit for sales or use taxes due and paid to other jurisdictions; or

     (c) Right to a refund of any sales or use taxes overpaid to any jurisdiction.

     6.  As used in this section:

     (a) “Advertising and promotional direct mail” means direct mail, the primary purpose of which is to attract public attention to a product, person, business or organization, or to attempt to sell, popularize or secure financial support for a product, person, business or organization. As used in this paragraph, “product” means tangible personal property, a product transferred electronically or a service.

     (b) “Direct mail” means printed material delivered or distributed by the United States Postal Service or another delivery service to a mass audience or to addresses contained on a mailing list provided by a purchaser or at the direction of a purchaser when the cost of the items purchased is not billed directly to the recipients. The term includes tangible personal property supplied directly or indirectly by the purchaser to the seller of the direct mail for inclusion in the package containing the printed material. The term does not include multiple items of printed material delivered to a single address.

     (c) “Other direct mail” means any direct mail that is not advertising and promotional direct mail, regardless of whether any advertising and promotional direct mail is included in the same mailing. The term:

           (1) Includes, but is not limited to:

                (I) Transactional direct mail that contains personal information specific to the addressee, including, but not limited to, invoices, bills, statements of account and payroll advices;

                (II) Any legally required mailings, including, but not limited to, privacy notices, tax reports and stockholder reports; and

                (III) Other nonpromotional direct mail delivered to existing or former shareholders, customers, employees or agents, including, but not limited to, newsletters and informational pieces; and

           (2) Does not include the development of billing information or the provision of any data processing service that is more than incidental.

     Sec. 3.  NRS 360B.200 is hereby amended to read as follows:

     360B.200  1.  The Department shall, in cooperation with any other states that are members of the Agreement, establish and maintain a central, electronic registration system that allows a seller to register to collect and remit the sales and use taxes imposed in this State and in the other states that are members of the Agreement.

     2.  A seller who registers pursuant to this section agrees to collect and remit sales and use taxes in accordance with the provisions of this chapter, the regulations of the Department and the applicable law of each state that is a member of the Agreement, including any state that becomes a member of the Agreement after the registration of the seller pursuant to this section.

 


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the regulations of the Department and the applicable law of each state that is a member of the Agreement, including any state that becomes a member of the Agreement after the registration of the seller pursuant to this section. The cancellation or revocation of the registration of a seller pursuant to this section, the withdrawal of a state from the Agreement or the revocation of the Agreement does not relieve a seller from liability pursuant to this subsection to remit any taxes previously or subsequently collected on behalf of a state.

     3.  When registering pursuant to this section, a seller may:

     (a) Elect to use a certified service provider as its agent to perform all the functions of the seller relating to sales and use taxes, other than the obligation of the seller to remit the taxes on its own purchases;

     (b) Elect to use a certified automated system to calculate the amount of sales or use taxes due on its sales transactions;

     (c) Under such conditions as the Department deems appropriate in accordance with the Agreement, elect to use its own proprietary automated system to calculate the amount of sales or use taxes due on its sales transactions; or

     (d) Elect to use any other method authorized by the Department for performing the functions of the seller relating to sales and use taxes.

     4.  A seller who registers pursuant to this section and does not make the election allowed pursuant to paragraph (a) of subsection 3 may elect to be registered in any state that:

     (a) Is a member of the Agreement at the time of that registration, as a seller who anticipates making no sales into that state if the seller has not had any sales into that state for the preceding 12 months; and

     (b) Becomes a member of the Agreement after that registration, as a seller who anticipates making no sales into that state.

     5.  A seller who registers pursuant to this section agrees to submit its sales and use tax returns, and to remit any sales and use taxes due, to the Department at such times and in such a manner and format as the Department prescribes by regulation. Those regulations must:

     (a) Require from each seller who registers pursuant to this section:

           (1) Only [one] a single tax return for each taxing period for all the sales and use taxes collected on behalf of this State and each local government in this State; and

           (2) Only one remittance of taxes for each tax return, except that the Department may require additional remittances of taxes if the seller:

                (I) Collects more than $30,000 in sales and use taxes on behalf of this State and the local governments in this State during the preceding calendar year;

                (II) Is allowed to determine the amount of any additional remittance by a method of calculation instead of by the actual amount collected; and

                (III) Is not required to file any tax returns in addition to those otherwise required in accordance with this subsection.

     (b) Allow any seller who registers pursuant to this section [and makes an election pursuant to paragraph (a), (b) or (c) of subsection 3] to submit tax returns electronically in a simplified format . [that does not include any more data fields than are permitted in accordance with the Agreement.]

     (c) Allow any seller who registers pursuant to this section, does not maintain a place of business in this State and has not made an election pursuant to paragraph (a), (b) or (c) of subsection 3, to file tax returns at a frequency that does not exceed once per year unless the seller accumulates more than $1,000 in the collection of sales and use taxes on behalf of this State and the local governments in this State.

 


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pursuant to paragraph (a), (b) or (c) of subsection 3, to file tax returns at a frequency that does not exceed once per year unless the seller accumulates more than $1,000 in the collection of sales and use taxes on behalf of this State and the local governments in this State.

     (d) Provide an alternative method for a seller who registers pursuant to this section to make tax payments the same day as the seller intends if an electronic transfer of money fails.

     (e) Require any data that accompanies the remittance of a tax payment by or on behalf of a seller who registers pursuant to this section to be formatted using uniform codes for the type of tax and payment in accordance with the Agreement.

     [5.] 6.  The registration of a seller and the collection and remission of sales and use taxes pursuant to this section may not be considered as a factor in determining whether a seller has a nexus with this State for the purposes of determining the liability of the seller to pay any tax imposed by this State.

     Sec. 4.  NRS 360B.290 is hereby amended to read as follows:

     360B.290  Any invoice, billing or other document given to a purchaser that indicates the sales price for which tangible personal property is sold [must] :

     1.  May state separately any amount received by the seller for [:

     1.  Any] any transportation, shipping or postage charges for the delivery of the property to a location designated by the purchaser [.] ; and

     2.  Must state separately any amount received by the seller for:

     (a) Any installation charges for the property;

     [3.] (b) Any credit for any trade-in which is specifically exempted from the sales price of the property pursuant to chapter 372 or 374 of NRS;

     [4.] (c) Any interest, financing and carrying charges from credit extended on the sale; and

     [5.] (d) Any taxes legally imposed directly on the consumer.

     Sec. 4.5.  NRS 360B.300 is hereby amended to read as follows:

     360B.300  Notwithstanding the provisions of any other specific statute [, if] :

     1.  If any sales or use tax is due and payable on [a] :

     (a) A Saturday, Sunday or legal holiday, the tax may be paid on the next succeeding business day [.] ; or

     (b) A day on which a Federal Reserve bank is closed and, as a result of that closure, the taxpayer is not able to remit the tax electronically in accordance with the regulations adopted by the Department pursuant to NRS 360.092, the tax may be paid on the next succeeding day on which the Federal Reserve bank is open.

     2.  If any sales or use tax return is:

     (a) Due on a Saturday, Sunday or legal holiday, the return may be filed on the next succeeding business day; or

     (b) Required to be filed in conjunction with a remittance of the tax and paragraph (b) of subsection 1 applies to that remittance, the return may be filed on the same day as the tax may be paid in accordance with that paragraph.

 


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     Sec. 5.  NRS 360B.350 is hereby amended to read as follows:

     360B.350  As used in NRS 360B.350 to 360B.375, inclusive:

     1.  “Receive” means taking possession of [or making the first use of] tangible personal property . [, whichever occurs first.] The term does not include possession by a shipping company on behalf of a purchaser.

     2.  “Transportation equipment” means:

     (a) Locomotives and railcars used for the carriage of persons or property in interstate commerce.

     (b) Trucks and truck-tractors having a manufacturer’s gross vehicle weight rating of more than 10,000 pounds, and trailers, semitrailers and passenger buses that are:

           (1) Registered pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826; or

           (2) Operated under the authority of a carrier who is authorized by the Federal Government to engage in the carriage of persons or property in interstate commerce.

     (c) Aircraft operated by an air carrier who is authorized by the Federal Government or a foreign government to engage in the carriage of persons or property in interstate or foreign commerce.

     (d) Containers designed for use on and component parts attached or secured to any of the items described in paragraph (a), (b) or (c).

     Sec. 5.5.  NRS 360B.355 is hereby amended to read as follows:

     360B.355  1.  Except as otherwise provided in this section [,] and section 2 of this act, for the purpose of determining the liability of a seller for sales and use taxes, a retail sale shall be deemed to take place at the location determined pursuant to NRS 360B.350 to 360B.375, inclusive.

     2.  NRS 360B.350 to 360B.375, inclusive, do not:

     (a) Affect any liability of a purchaser or lessee for a use tax.

     (b) Apply to:

           (1) The retail sale or transfer of watercraft, modular homes, manufactured homes or mobile homes.

           (2) The retail sale, other than the lease or rental, of motor vehicles, trailers, semitrailers or aircraft that do not constitute transportation equipment.

     Sec. 6.  NRS 360B.360 is hereby amended to read as follows:

     360B.360  Except as otherwise provided in NRS 360B.350 to 360B.375, inclusive, the retail sale, excluding the lease or rental, of tangible personal property shall be deemed to take place:

     1.  If the property is received by the purchaser at a place of business of the seller, at that place of business.

     2.  If the property is not received by the purchaser at a place of business of the seller:

     (a) At the location indicated to the seller pursuant to any instructions provided for the delivery of the property to the purchaser or to another recipient who is designated by the purchaser as his or her donee; or

     (b) If no such instructions are provided and if known by the seller, at the location where the purchaser or another recipient who is designated by the purchaser as his or her donee, receives the property.

     3.  If subsections 1 and 2 do not apply, at the address of the purchaser indicated in the business records of the seller that are maintained in the ordinary course of the seller’s business, unless the use of that address would constitute bad faith.

 


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     4.  If subsections 1, 2 and 3 do not apply, at the address of the purchaser obtained during the consummation of the sale, including, if no other address is available, the address of the purchaser’s instrument of payment, unless the use of an address pursuant to this subsection would constitute bad faith.

     5.  In all other circumstances, at the address from which the property was shipped . [or, if it was delivered electronically, at the address from which it was first available for transmission by the seller.]

     Sec. 7.  NRS 360B.480 is hereby amended to read as follows:

     360B.480  1.  “Sales price” means the total amount of consideration, including cash, credit, property and services, for which personal property is sold, leased or rented, valued in money, whether received in money or otherwise, and without any deduction for:

     (a) The seller’s cost of the property sold;

     (b) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;

     (c) Any charges by the seller for any services necessary to complete the sale, including any delivery charges which are not stated separately pursuant to subsection 1 of NRS 360B.290 and excluding any installation charges which are stated separately pursuant to subsection 2 of NRS 360B.290; and

     (d) Except as otherwise provided in subsection 2, any credit for any trade-in.

     2.  The term does not include:

     (a) Any delivery charges which are stated separately pursuant to subsection 1 of NRS 360B.290;

     (b) Any installation charges which are stated separately pursuant to subsection 2 of NRS 360B.290;

     (c) Any credit for any trade-in which is:

           (1) Specifically exempted from the sales price pursuant to chapter 372 or 374 of NRS; and

           (2) Stated separately pursuant to subsection 2 of NRS 360B.290;

     (d) Any discounts, including those in the form of cash, term or coupons that are not reimbursed by a third party, which are allowed by a seller and taken by the purchaser on a sale;

     (e) Any interest, financing and carrying charges from credit extended on the sale of personal property, if stated separately pursuant to subsection 2 of NRS 360B.290; and

     (f) Any taxes legally imposed directly on the consumer which are stated separately pursuant to subsection 2 of NRS 360B.290.

     3.  The term includes consideration received by a seller from a third party if:

     (a) The seller actually receives consideration from a person other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;

     (b) The seller has an obligation to pass the price reduction or discount through to the purchaser;

     (c) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and

     (d) Any of the following criteria is satisfied:

           (1) The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount, and the coupon, certificate or other documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or other documentation is presented.

 


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coupon, certificate or other documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or other documentation is presented.

           (2) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount. For the purposes of this subparagraph, a preferred customer card that is available to any patron does not constitute membership in such a group.

           (3) The price reduction or discount is identified as a third-party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.

     Sec. 8.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The provisions of this chapter relating to:

     (a) The imposition, collection and remittance of the sales tax apply to every retailer whose activities have a sufficient nexus with this State to satisfy the requirements of the United States Constitution.

     (b) The collection and remittance of the use tax apply to every retailer whose activities have a sufficient nexus with this State to satisfy the requirements of the United States Constitution.

     2.  In administering the provisions of this chapter, the Department shall construe the terms “seller,” “retailer” and “retailer maintaining a place of business in this State” in accordance with the provisions of subsection 1.

     Sec. 9.  NRS 372.155 is hereby amended to read as follows:

     372.155  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax, it is presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless the person takes [in good faith] from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:

     (a) Is engaged in the business of selling tangible personal property;

     (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 372.135; and

     (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

     2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the sale is not a sale at retail if:

     (a) The third-party vendor:

           (1) Takes [in good faith] from his or her customer a certificate to the effect that the property is purchased for resale; or

           (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

     (b) His or her customer:

           (1) Is engaged in the business of selling tangible personal property; and

           (2) Is selling the property in the regular course of business.

 


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     Sec. 10.  NRS 372.225 is hereby amended to read as follows:

     372.225  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property sold by any person for delivery in this State is sold for storage, use or other consumption in this State until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless the person takes [in good faith] from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:

     (a) Is engaged in the business of selling tangible personal property;

     (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 372.135; and

     (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

     2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the property is sold for storage, use or other consumption in this State if:

     (a) The third-party vendor:

           (1) Takes [in good faith] from his or her customer a certificate to the effect that the property is purchased for resale; or

           (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

     (b) His or her customer:

           (1) Is engaged in the business of selling tangible personal property; and

           (2) Is selling the property in the regular course of business.

     Secs. 11 and 12.  (Deleted by amendment.)

     Sec. 13.  NRS 372.347 is hereby amended to read as follows:

     372.347  1.  If a purchaser wishes to claim an exemption from the taxes imposed by this chapter, the retailer shall obtain such [identifying] information from the purchaser [at the time of sale] as is required by the Department.

     2.  The Department shall, to the extent feasible, establish an electronic system for submitting a request for an exemption. A purchaser is not required to provide a signature to claim an exemption if the request is submitted electronically.

     3.  The Department may establish a system whereby a purchaser who is exempt from the payment of the taxes imposed by this chapter is issued an identification number that can be presented to the retailer at the time of sale.

     4.  A retailer shall maintain such records of exempt transactions as are required by the Department and provide those records to the Department upon request.

     5.  Except as otherwise provided in this subsection, a retailer who complies with the provisions of this section is not liable for the payment of any tax imposed by this chapter if the purchaser improperly claims an exemption. If the purchaser improperly claims an exemption, the purchaser is liable for the payment of the tax. The provisions of this subsection do not apply if the retailer [fraudulently] :

     (a) Fraudulently fails to collect the tax [or solicits] ;

     (b) Solicits a purchaser to participate in an unlawful claim of an exemption [.] ; or

 


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     (c) Accepts a certificate of exemption from a purchaser who claims an entity-based exemption, the subject of the transaction sought to be covered by the certificate is actually received by the purchaser at a location operated by the seller, and the Department provides, and posts on a website or other Internet site that is operated or administered by or on behalf of the Department, a certificate of exemption which clearly and affirmatively indicates that the claimed exemption is not available.

     6.  As used in this section [, “retailer”] :

     (a) “Entity-based exemption” means an exemption based on who purchases the product or who sells the product, and which is not available to all.

     (b) “Retailer” includes a certified service provider, as that term is defined in NRS 360B.060, acting on behalf of a retailer who is registered pursuant to NRS 360B.200.

     Sec. 14.  NRS 372.360 is hereby amended to read as follows:

     372.360  Except as otherwise required by the Department pursuant to NRS 360B.200:

     1.  On or before the last day of the month following each reporting period, a return for the preceding period must be filed with the Department in such form and manner as the Department may prescribe. Any return required to be filed by this section must be combined with any return required to be filed pursuant to the provisions of chapter 374 of NRS.

     2.  For purposes of:

     (a) The sales tax, a return must be filed by each seller.

     (b) The use tax, a return must be filed by each retailer maintaining a place of business in the State and by each person purchasing tangible personal property, the storage, use or other consumption of which is subject to the use tax, who has not paid the use tax due.

     3.  [Returns] Unless filed electronically, returns must be signed by the person required to file the return or by his or her authorized agent but need not be verified by oath.

     Sec. 15.  NRS 372.365 is hereby amended to read as follows:

     372.365  1.  Except as otherwise required by the Department pursuant to NRS 360B.200 or provided in NRS 360B.350 to 360B.375, inclusive [:] , or section 2 of this act:

     (a) For the purposes of the sales tax:

           (1) The return must show the gross receipts of the seller during the preceding reporting period.

           (2) The gross receipts must be segregated and reported separately for each county to which a sale of tangible personal property pertains.

           (3) A sale pertains to the county in this State in which the tangible personal property is or will be delivered to the purchaser or his or her agent or designee.

     (b) For purposes of the use tax:

           (1) In the case of a return filed by a retailer, the return must show the total sales price of the property purchased by him or her, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.

           (2) The sales price must be segregated and reported separately for each county to which a purchase of tangible personal property pertains.

           (3) If the property was:

 


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                (I) Brought into this State by the purchaser or his or her agent or designee, the sale pertains to the county in this State in which the property is or will be first used, stored or otherwise consumed.

                (II) Not brought into this State by the purchaser or his or her agent or designee, the sale pertains to the county in this State in which the property was delivered to the purchaser or his or her agent or designee.

     2.  In case of a return filed by a purchaser, the return must show the total sales price of the property purchased by him or her, the storage, use or consumption of which became subject to the use tax during the preceding reporting period and indicate the county in this State in which the property was first used, stored or consumed.

     3.  The return must also show the amount of the taxes for the period covered by the return and such other information as the Department deems necessary for the proper administration of this chapter.

     4.  Except as otherwise provided in subsection 5, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the Department shall:

     (a) For the first return of any retailer which contains one or more violations, issue a letter of warning to the retailer which provides an explanation of the violation or violations contained in the return.

     (b) For the first or second return, other than a return described in paragraph (a), in any calendar year which contains one or more violations, assess a penalty equal to the amount of the tax which was not reported or was reported for the wrong county or $1,000, whichever is less.

     (c) For the third and each subsequent return in any calendar year which contains one or more violations, assess a penalty of three times the amount of the tax which was not reported or was reported for the wrong county or $3,000, whichever is less.

     5.  For the purposes of subsection 4, if the first violation of this section by any retailer was determined by the Department through an audit which covered more than one return of the retailer, the Department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection 4.

     Sec. 16.  NRS 372.375 is hereby amended to read as follows:

     372.375  1.  Except as otherwise authorized or required by the Department , [pursuant to NRS 360B.200,] the person required to file a return shall deliver the return together with a remittance of the amount of the tax due to the Department.

     2.  The Department shall provide for the acceptance of credit cards, debit cards or electronic transfers of money for the payment of the tax due in the manner prescribed pursuant to NRS 360.092.

     Sec. 17.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The provisions of this chapter relating to:

     (a) The imposition, collection and remittance of the sales tax apply to every retailer whose activities have a sufficient nexus with a county to satisfy the requirements of the United States Constitution.

     (b) The collection and remittance of the use tax apply to every retailer whose activities have a sufficient nexus with a county to satisfy the requirements of the United States Constitution.

 


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     2.  In administering the provisions of this chapter, the Department shall construe the terms “seller,” “retailer” and “retailer maintaining a place of business in a county” in accordance with the provisions of subsection 1.

     Sec. 18.  NRS 374.160 is hereby amended to read as follows:

     374.160  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax it is presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless the person takes [in good faith] from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:

     (a) Is engaged in the business of selling tangible personal property;

     (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 374.140; and

     (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

     2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the sale is not a sale at retail if:

     (a) The third-party vendor:

           (1) Takes [in good faith] from his or her customer a certificate to the effect that the property is purchased for resale; or

           (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

     (b) His or her customer:

           (1) Is engaged in the business of selling tangible personal property; and

           (2) Is selling the property in the regular course of business.

     Sec. 19.  NRS 374.230 is hereby amended to read as follows:

     374.230  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property sold by any person for delivery in a county is sold for storage, use or other consumption in the county until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless the person takes [in good faith] from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:

     (a) Is engaged in the business of selling tangible personal property;

     (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 374.140; and

     (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

     2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the property is sold for storage, use or other consumption in this State if:

     (a) The third-party vendor:

           (1) Takes [in good faith] from his or her customer a certificate to the effect that the property is purchased for resale; or

 


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ê2011 Statutes of Nevada, Page 2760 (Chapter 454, SB 34)ê

 

           (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

     (b) His or her customer:

           (1) Is engaged in the business of selling tangible personal property; and

           (2) Is selling the property in the regular course of business.

     Secs. 20 and 21.  (Deleted by amendment.)

     Sec. 22.  NRS 374.352 is hereby amended to read as follows:

     374.352  1.  If a purchaser wishes to claim an exemption from the taxes imposed by this chapter, the retailer shall obtain such [identifying] information from the purchaser [at the time of sale] as is required by the Department.

     2.  The Department shall, to the extent feasible, establish an electronic system for submitting a request for an exemption. A purchaser is not required to provide a signature to claim an exemption if the request is submitted electronically.

     3.  The Department may establish a system whereby a purchaser who is exempt from the payment of the taxes imposed by this chapter is issued an identification number that can be presented to the retailer at the time of sale.

     4.  A retailer shall maintain such records of exempt transactions as are required by the Department and provide those records to the Department upon request.

     5.  Except as otherwise provided in this subsection, a retailer who complies with the provisions of this section is not liable for the payment of any tax imposed by this chapter if the purchaser improperly claims an exemption. If the purchaser improperly claims an exemption, the purchaser is liable for the payment of the tax. The provisions of this subsection do not apply if the retailer [fraudulently] :

     (a) Fraudulently fails to collect the tax [or solicits] ;

     (b) Solicits a purchaser to participate in an unlawful claim of an exemption [.] ; or

     (c) Accepts a certificate of exemption from a purchaser who claims an entity-based exemption, the subject of the transaction sought to be covered by the certificate is actually received by the purchaser at a location operated by the seller, and the Department provides, and posts on a website or other Internet site that is operated or administered by or on behalf of the Department, a certificate of exemption which clearly and affirmatively indicates that the claimed exemption is not available.

     6.  As used in this section [, “retailer”] :

     (a) “Entity-based exemption” means an exemption based on who purchases the product or who sells the product, and which is not available to all.

     (b) “Retailer” includes a certified service provider, as that term is defined in NRS 360B.060, acting on behalf of a retailer who is registered pursuant to NRS 360B.200.

     Sec. 23.  NRS 374.365 is hereby amended to read as follows:

     374.365  Except as otherwise required by the Department pursuant to NRS 360B.200:

 


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ê2011 Statutes of Nevada, Page 2761 (Chapter 454, SB 34)ê

 

     1.  On or before the last day of the month following each reporting period, a return for the preceding period must be filed with the Department in such form and manner as the Department may prescribe. Any return required to be filed by this section must be combined with any return required to be filed pursuant to the provisions of chapter 372 of NRS.

     2.  For purposes of:

     (a) The sales tax, a return must be filed by every seller.

     (b) The use tax, a return must be filed by every retailer maintaining a place of business in the county and by every person purchasing tangible personal property, the storage, use or other consumption of which is subject to the use tax, who has not paid the use tax due.

     3.  [Returns] Unless filed electronically, returns must be signed by the person required to file the return or by his or her authorized agent but need not be verified by oath.

     Sec. 24.  NRS 374.370 is hereby amended to read as follows:

     374.370  1.  Except as otherwise required by the Department pursuant to NRS 360B.200 or provided in NRS 360B.350 to 360B.375, inclusive [:] , or section 2 of this act:

     (a) For the purposes of the sales tax:

           (1) The return must show the gross receipts of the seller during the preceding reporting period.

           (2) The gross receipts must be segregated and reported separately for each county to which a sale of tangible personal property pertains.

           (3) A sale pertains to the county in this State in which the tangible personal property is or will be delivered to the purchaser or his or her agent or designee.

     (b) For purposes of the use tax:

           (1) In the case of a return filed by a retailer, the return must show the total sales price of the property purchased by him or her, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.

           (2) The sales price must be segregated and reported separately for each county to which a purchase of tangible personal property pertains.

           (3) If the property was:

                (I) Brought into this State by the purchaser or his or her agent or designee, the sale pertains to the county in this State in which the property is or will be first used, stored or otherwise consumed.

                (II) Not brought into this State by the purchaser or his or her agent or designee, the sale pertains to the county in this State in which the property was delivered to the purchaser or his or her agent or designee.

     2.  In case of a return filed by a purchaser, the return must show the total sales price of the property purchased by him or her, the storage, use or consumption of which became subject to the use tax during the preceding reporting period and indicate the county in this State in which the property was first used, stored or consumed.

     3.  The return must also show the amount of the taxes for the period covered by the return and such other information as the Department deems necessary for the proper administration of this chapter.

 


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ê2011 Statutes of Nevada, Page 2762 (Chapter 454, SB 34)ê

 

     4.  Except as otherwise provided in subsection 5, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the Department shall:

     (a) For the first return of any retailer which contains one or more violations, issue a letter of warning to the retailer which provides an explanation of the violation or violations contained in the return.

     (b) For the first or second return, other than a return described in paragraph (a), in any calendar year which contains one or more violations, assess a penalty equal to the amount of the tax which was not reported or was reported for the wrong county or $1,000, whichever is less.

     (c) For the third and each subsequent return in any calendar year which contains one or more violations, assess a penalty of three times the amount of the tax which was not reported or was reported for the wrong county or $3,000, whichever is less.

     5.  For the purposes of subsection 4, if the first violation of this section by any retailer was determined by the Department through an audit which covered more than one return of the retailer, the Department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection 4.

     Sec. 25.  NRS 374.380 is hereby amended to read as follows:

     374.380  1.  Except as otherwise authorized or required by the Department , [pursuant to NRS 360B.200,] the person required to file a return shall deliver the return together with a remittance of the amount of the tax due to the Department.

     2.  The Department shall provide for the acceptance of credit cards, debit cards or electronic transfers of money for the payment of the tax due in the manner prescribed pursuant to NRS 360.092.

     Sec. 26.  NRS 360B.280 is hereby repealed.

     Sec. 27.  This act becomes effective upon passage and approval.

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