[Rev. 3/19/2013 1:11:15 PM]

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ê1993 Statutes of Nevada, Page 721 (Chapter 265, SB 316)ê

 

      (c) For the period beginning January 1, 1994, and ending December 31, 1994, the first $30,000 paid to the employee.

      (d) For the period beginning January 1, 1995, and ending December 31, 1995, the first $33,000 paid to the employee.

      3.  Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

      4.  Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

      5.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

      6.  The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      7.  The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

      8.  To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

      Sec. 150.5.  NRS 616.400 is hereby amended to read as follows:

      616.400  1.  Except for a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:

      (a) The total amount paid to employees for services performed;

      (b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

      (c) A segregation of employment in accordance with the requirements of the system,

together with the premium due thereon.

      2.  In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be:

      (a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.


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ê1993 Statutes of Nevada, Page 722 (Chapter 265, SB 316)ê

 

      (b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.

      (c) For the period beginning January 1, 1994, and ending December 31, 1994, the first $30,000 paid to the employee.

      (d) For the period beginning January 1, 1995, and ending December 31, 1995, the first $33,000 paid to the employee.

      3.  Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

      4.  Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

      5.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

      6.  The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      7.  The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

      8.  To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

      Sec. 151.  NRS 616.401 is hereby amended to read as follows:

      616.401  1.  An employer shall:

      (a) Make a copy of each report that an employee files with the employer pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to the United States Internal Revenue Service;

      (b) Submit the copy to the system upon request and retain another copy for his records or , if the employer is self-insured [,] or a member of an association of self-insured public or private employers, retain the copy for his records; and

      (c) If he is not self-insured [,] or a member of an association of self-insured public or private employers, pay the system the premiums for the reported tips at the same rate as he pays on regular wages.

      2.  The department shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.

      3.  The system , [or the] self-insured employer or association shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported by the employee pursuant to 26 U.S.C. § 6053. Reports made after the date of injury may not be used for the calculation of compensation.


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ê1993 Statutes of Nevada, Page 723 (Chapter 265, SB 316)ê

 

      4.  An employer shall notify his employees of the requirement to report income from tips for the purposes of calculating his federal income tax and for including the income in the computation of benefits pursuant to this chapter.

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

      Sec. 152.  NRS 616.405 is hereby amended to read as follows:

      616.405  1.  Except for a self-insured employer [,] or an employer who is a member of an association of self-insured public employers, as soon as possible after the expiration of each quarter year, every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and the auditor or comptroller of each county, and the clerk of each municipal corporation, city, and school district, shall furnish the manager with a true and accurate payroll of the state office, department, board, commission, bureau, agency or institution, and county, metropolitan police department, municipal corporation, city, or school district, showing:

      (a) The aggregate number of shifts working during the preceding quarter.

      (b) The total amount paid to employees for services performed during the quarter.

      (c) A segregation of employment in accordance with the requirements of the system.

      2.  Each of the state officers, departments, boards, commissions, bureaus, agencies and institutions shall submit claims for the amount of premiums due to the system . [; and each] Each of the auditors, comptrollers and clerks shall make up and submit to the respective governing boards of each county, metropolitan police department, municipal corporation, city, and school district, for approval, claims for the amount of premiums due the system.

      Sec. 153.  NRS 616.412 is hereby amended to read as follows:

      616.412  1.  All fees and charges for accident benefits [are subject to regulation by the department and] must not:

      (a) Exceed the fees and charges usually paid in the state for similar treatment.

      (b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.

      2.  The director shall, giving consideration to the fees and charges being paid in the state, establish a schedule or reasonable fees and charges allowable for accident benefits [.] provided to injured employees whose insurers have not contracted with an organization for managed care pursuant to section 74 of this act. The director shall review and revise the schedule on or before October 1 of each year . [and] The director may increase or decrease for schedule, but shall not increase the schedule by any factor greater than the corresponding annual increase in the Consumer Price Index (Medical Care Component) [.] , unless the advisory council of the department approves such an increase.

      3.  The director may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state, to provide the director with such information concerning fees and charges paid for similar services as he deems necessary to carry out the provisions of [subsections 1 and 2. The director shall not require any person to record or report his fees or charges in a manner inconsistent with the person’s own system of records.]


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ê1993 Statutes of Nevada, Page 724 (Chapter 265, SB 316)ê

 

require any person to record or report his fees or charges in a manner inconsistent with the person’s own system of records.] subsection 2. The director [may] shall require a person or entity providing records or reports of fees charged to provide interpretation and identification concerning the information delivered. The director may impose an administrative fine of $500 for each refusal to provide the information requested pursuant to this subsection.

      4.  The department may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:

      (a) Standards for the development of the schedule of fees and charges;

      (b) The periodic revision of the schedule; and

      (c) The monitoring of compliance by providers of benefits with the adopted schedule of fees and charges.

      5.  The department shall adopt regulations requiring the utilization of a system of billing codes as recommended by the American Medical Association.

      Sec. 154.  NRS 616.420 is hereby amended to read as follows:

      616.420  1.  If the administrator finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616.415 for which he has made arrangements, the administrator may, upon application of the employee, or upon his own motion, order a change of physicians or chiropractors or of any other requirements of accident benefits.

      2.  If the administrator orders a change of physicians or chiropractors or of any other accident benefits, the cost of the change must be borne by the system , [or] the self-insured employer [.] or the association of self-insured public or private employers.

      3.  The cause of action of an insured employee against an employer insured by the system must be assigned to the system.

      Sec. 155.  (Omitted in amendment.)

      Sec. 156.  NRS 616.425 is hereby amended to read as follows:

      616.425  1.  Except as otherwise provided in subsection 3, all premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the system pursuant to the terms of this chapter:

      (a) Must be credited on the records of the system to the state insurance fund.

      (b) Constitute, for the purpose of custody thereof, the state insurance fund, which must be held by the manager as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter. The manager is liable on his official bond for the faithful performance of his custodial duty.

      2.  The commissioner or the administrator may delegate to a hearing officer or panel his authority to take any disciplinary action pursuant to NRS 616.294, 616.2945 or 616.647, or sections 25 to 51, inclusive, of this act, impose and collect administrative fines pursuant to those sections and deposit the money in the fund for workers’ compensation and safety.


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ê1993 Statutes of Nevada, Page 725 (Chapter 265, SB 316)ê

 

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the commissioner or the administrator deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, he may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 157.  NRS 616.4261 is hereby amended to read as follows:

      616.4261  1.  There is hereby established as a trust fund in the state treasury the subsequent injury fund, which may be used only to make payments in accordance with the provisions of NRS 616.427 and NRS 616.428. The administrator shall administer the fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund must be delivered to the custody of the state treasurer.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

      4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by [the insurers,] self-insured employers, and must be based upon expected annual expenditures for claims. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund, or any costs associated with the fund.

      7.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any [insurer] self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 158.  NRS 616.4261 is hereby amended to read as follows:

      616.4261  1.  There is hereby established as a trust fund in the state treasury the subsequent injury fund, which may be used only to make payments in accordance with the provisions of NRS 616.427 and NRS 616.428. The administrator shall administer the fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund must be delivered to the custody of the state treasurer.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

      4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody.


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ê1993 Statutes of Nevada, Page 726 (Chapter 265, SB 316)ê

 

funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by self-insured employers [,] and associations of self-insured public or private employers, and must be based upon expected annual expenditures for claims. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund, or any costs associated with the fund.

      7.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer or association of self-insured public or private employers who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 159.  NRS 616.427 is hereby amended to read as follows:

      616.427  Except as otherwise provided in NRS 616.428:

      1.  If an employee [who] of a self-insured employer has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the department. The department shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment by reference and may amend such regulations from time to time as it deems necessary. In adopting the Guides to the Evaluation of Permanent Impairment, the department shall consider the edition most recently published by the American Medical Association.

      4.  To qualify under this section for reimbursement from the subsequent injury fund, the [insurer] self-insured employer must establish by written records that the self-insured employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the self-insured employer acquired such knowledge.


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ê1993 Statutes of Nevada, Page 727 (Chapter 265, SB 316)ê

 

      5.  [An insurer] A self-insured employer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.

      6.  The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund. The administrator shall notify the [insurer] self-insured employer of his decision on such a claim within 90 days after the claim is received.

      7.  An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

      Sec. 160.  NRS 616.427 is hereby amended to read as follows:

      616.427  Except as otherwise provided in NRS 616.428:

      1.  If an employee of a self-insured employer or of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is subsequently greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      3.  As used in this section, “permanent physical impairment” means any permanent conditions, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the department. The department shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment by reference and may amend such regulations from time to time as it deems necessary. In adopting the Guides to the Evaluation of Permanent Impairment, the department shall consider the edition most recently published by the American Medical Association.

      4.  To qualify under this section for reimbursement from the subsequent injury fund, the self-insured employer or association of self-insured public or private employers must establish by written records that the [self-insured] employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the [self-insured] employer acquired such knowledge.

      5.  A self-insured employer or association of self-insured public or private employers shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.


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ê1993 Statutes of Nevada, Page 728 (Chapter 265, SB 316)ê

 

subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.

      6.  The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund. The administrator shall notify the self-insured employer or association of self-insured public or private employers of his decision on such a claim within 90 days after the claim is received.

      7.  An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

      Sec. 161.  NRS 616.428 is hereby amended to read as follows:

      616.428  1.  [An insurer] A self-insured employer who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury fund if:

      (a) The employee knowingly [or willfully] made a false representation as to his physical condition at the time he was hired by the self-insured employer;

      (b) The self-insured employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

      (c) A causal connection existed between the false representation and the subsequent disability.

If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury fund.

      2.  [An insurer] A self-insured employer shall notify the administrator of any possible claim against the subsequent injury fund pursuant to this section no later than 60 days after the date of the subsequent injury or the date the [insurer] self-insured employer learns of the employee’s false representation, whichever is later.

      Sec. 162.  NRS 616.428 is hereby amended to read as follows:

      616.428  1.  A self-insured employer or association of self-insured public or private employers who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury fund if:

      (a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the self-insured employer [;] or member of an association of self-insured public or private employers;


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ê1993 Statutes of Nevada, Page 729 (Chapter 265, SB 316)ê

 

      (b) The [self-insured] employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

      (c) A causal connection existed between the false representation and the subsequent disability.

If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury fund.

      2.  A self-insured employer or association of self-insured public or private employers shall notify the administrator of any possible claim against the subsequent injury fund pursuant to this section no later than 60 days after the date of the subsequent injury or the date the [self-insured] employer learns of the employee’s false representation, whichever is later.

      Sec. 163.  NRS 616.490 is hereby amended to read as follows:

      616.490  1.  If the provisions of this chapter relative to compensation for injuries to or death of employees become invalid because of any adjudication, or are repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this chapter by lump sum payment or completed monthly payments, and [such] the repeal or the rendition of the final adjudication of the validity [shall] must not be computed as a part of the time limited by law for the commencement of any action relating to [such] the injury or death if the action is commenced within 1 year after [such] the repeal or adjudication.

      2.  In any such action , any sum paid out of the state insurance fund or by a self-insured employer or an association of self-insured public or private employers by reason of injury to an employee by whom, or by whose dependents, the action is prosecuted, [shall] must be taken into account and credited upon the recovery as payment.

      Sec. 164.  NRS 616.497 is hereby amended to read as follows:

      616.497  1.  Notwithstanding the provisions of chapter 355 of NRS or of any other law, the manager may, [pursuant to a resolution of the board,] with the approval of the governor, invest and reinvest any money in the funds of the system deemed available for investment as provided in NRS 616.4971 to 616.4984, inclusive, and may employ investment counsel for that purpose.

      2.  The provisions of NRS 616.497 to 616.4984, inclusive, do not prevent the manager from making investments in accordance with the provisions of chapter 355 of NRS.

      Sec. 164.5.  NRS 616.497 is hereby amended to read as follows:

      616.497  1.  Notwithstanding the provisions of chapter 355 of NRS or of any other law, the manager may [, with the approval of the governor,] invest and reinvest any money in the funds of the system deemed available for investment as provided in NRS 616.4971 to 616.4984, inclusive, and may employ investment counsel for that purpose.

      2.  The provisions of NRS 616.497 to 616.4984, inclusive, do not prevent the manager from making investments in accordance with the provisions of chapter 355 of NRS.

      Sec. 165.  NRS 616.4971 is hereby amended to read as follows:

      616.4971  1.  No person engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.


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ê1993 Statutes of Nevada, Page 730 (Chapter 265, SB 316)ê

 

receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.

      2.  The [board] governor shall not engage investment counsel unless:

      (a) The principal business of the person selected by the [board] governor consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of money on the basis of the individual needs of each client;

      (b) The person and his predecessors have been continuously engaged in such business for a period of 3 or more years, and, if a firm or corporation, the senior management personnel of the firm or corporation have an average of 10 years professional experience as investment managers;

      (c) The person as of the time originally hired, has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in this state;

      (d) The person is registered as an investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank;

      (e) The contract between the system and the investment counsel is of no specific duration and is voidable at any time by either party; and

      (f) The person has been approved by the state board of finance for employment as investment counsel.

      3.  More than one investment counsel may be employed in the discretion of the [board.] governor.

      4.  The expense of such employment must be paid from the state insurance fund.

      5.  Any investment program adopted by the system and all investments made thereunder must be reported quarterly in writing by the [board] governor to the state board of finance, and the report is subject to review by the state board of finance. The state board of finance may require the [board] governor to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the [board] governor has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the [board] governor to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance must be in writing.

      6.  With the approval of the state board of finance, the [board] governor may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4984, inclusive.

      7.  The system may accept due bills from brokers upon delivery of warrants if the certificates representing the investments are not readily available.

      Sec. 165.5.  NRS 616.4971 is hereby amended to read as follows:

      616.4971  1.  No person engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.

      2.  The [governor] manager shall not engage investment counsel unless:

      (a) The principal business of the person selected by the [governor] manager consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of money on the basis of the individual needs of each client;

 


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ê1993 Statutes of Nevada, Page 731 (Chapter 265, SB 316)ê

 

of continuous advice as to the investment of money on the basis of the individual needs of each client;

      (b) The person and his predecessors have been continuously engaged in such business for a period of 3 or more years, and, if a firm or corporation, the senior management personnel of the firm or corporation have an average of 10 years professional experience as investment managers;

      (c) The person as of the time originally hired, has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in this state;

      (d) The person is registered as an investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank;

      (e) The contract between the system and the investment counsel is of no specific duration and is voidable at any time by either party; and

      (f) The person has been approved by the state board of finance for employment as investment counsel.

      3.  More than one investment counsel may be employed in the discretion of the [governor.] manager.

      4.  The expense of such employment must be paid from the state insurance fund.

      5.  Any investment program adopted by the system and all investments made thereunder must be reported quarterly in writing by the [governor] manager to the state board of finance, and the report is subject to review by the state board of finance. The state board of finance may require the [governor] manager to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the [governor] manager has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the [governor] manager to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance must be in writing.

      6.  With the approval of the state board of finance, the [governor] manager may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4984, inclusive.

      7.  The system may accept due bills from brokers upon delivery of warrants if the certificates representing the investments are not readily available.

      Sec. 166.  NRS 616.500 is hereby amended to read as follows:

      616.500  1.  [Notice of the injury for which compensation is payable under this chapter must be given to the insurer] An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within 30 days after the accident.

      2.  [In the event of the death of the employee resulting from the injury, notice must be given to the insurer as soon as practicable, but within 30 days after death.

      3.]  The notice required by subsection 1 must:

      (a) Be [in writing;

      (b) Contain the name and address of the injured employee;


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ê1993 Statutes of Nevada, Page 732 (Chapter 265, SB 316)ê

 

      (c) Contain a statement in ordinary language of the time, place, nature and cause of the injury; and

      (d)]on a form prescribed by the administrator. The form must allow the injured employee or his dependent to describe briefly the accident that caused the injury or death.

      (b) Be signed by the injured employee or by a person on his behalf, or in the event of the employee’s death, by one [or more] of his dependents or by a person [on their behalf.

      4.  No proceeding under this chapter for compensation for an injury may be maintained unless the injured employee, or someone on his behalf, files with the insurer a claim for compensation with respect to the injury within 90 days after the accident, or, in the event of the employee’s death, within 1 year after death.

      5.  The notice required by this section must be served by delivery of a copy of the notice, or by mailing a copy thereof in a sealed postpaid envelope addressed to the insurer. Such mailing constitutes complete service.

      6.  Failure to give notice or to file a claim for compensation within the time specified in this section is a bar to any claim for compensation under this chapter, but such failure may be excused by the insurer on one or more of the following grounds:

      (a) That there was good cause for the failure to give notice or file the claim.

      (b) That notice for some sufficient reason could not have been made.

      (c) That failure to give notice will not result in an unwarrantable charge against the state insurance fund.

      (d) That failure to give notice was because of the employee’s or beneficiary’s mistake or ignorance of fact or of law, or of his physical or mental inability, or because of fraud, misrepresentation or deceit.

      7.  The insurer shall accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within 14 working days after the notice provided for in this section is received. If additional information is necessary to determine liability, the administrator may, upon good cause shown by the insurer, extend the period to 45 days upon notice to the claimant. If additional information is still necessary, the administrator may, upon good cause shown by the insurer, grant a further extension if the claimant gives his written consent, but the total period may not be extended to more than 75 days.] acing on behalf of the dependent.

      (c) Include an explanation of the procedure for filing a claim for compensation.

      (d) Be prepared in duplicate so that the injured employee or his dependent and the employer can retain a copy of the notice.

      3.  Upon receipt of the notice required by subsection 1, the employer, the injured employee’s supervisor or the agent of the employer who was in charge of the type of work or the area where the accident occurred shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.

      4.  An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.


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ê1993 Statutes of Nevada, Page 733 (Chapter 265, SB 316)ê

 

      5.  An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the accident. An employer insured by the system shall not file a notice of injury with the system.

      Sec. 167.  NRS 616.502 is hereby amended to read as follows:

      616.502  1.  The insurer may not, in accepting responsibility for any charges, use fee schedules which unfairly discriminate among physicians and chiropractors.

      2.  If a physician or chiropractor is removed from the panel established pursuant to NRS 616.342 [,] or from participation in a plan for managed care established pursuant to section 74 or 78 of this act, he must not be paid for any services rendered to the injured employee after the date of his removal.

      Sec. 168.  NRS 616.510 is hereby amended to read as follows:

      616.510  1.  A person is conclusively presumed to be totally dependent upon an injured or deceased employee if the person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years, or over that age if physically or mentally incapacitated from wage earning, and there is no surviving parent. Stepparents may be regarded in this chapter as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this chapter as a natural child or children if the existence and fact of dependency are shown.

      2.  [Questions] Except as otherwise provided in subsection 13 of NRS 616.615, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.

      3.  The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.

      Sec. 169.  NRS 616.515 is hereby amended to read as follows:

      616.515  1.  Every injured employee within the provisions of this chapter [shall be] is entitled to receive [, and shall receive promptly,] promptly such accident benefits as may reasonably be required at the time of the injury and within 6 months thereafter . [, which] Such benefits may be further extended for additional periods as may be required.

      2.  An injured employee is entitled to receive as an accident benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if:

      (a) As a result of an injury arising out of and in the course of his employment, he is quadriplegic, paraplegic or has had a part of his body amputated; and

      (b) He cannot be fitted with a prosthetic device which allows him to operate a motor vehicle safely.

      3.  If an injured employee is entitled to receive a motor vehicle pursuant to subsection 2, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference:


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ê1993 Statutes of Nevada, Page 734 (Chapter 265, SB 316)ê

 

      (a) A motor vehicle owned by the injured employee must be so modified if the insurer or employer providing accident benefits determines that it is reasonably feasible to do so.

      (b) A used motor vehicle must be so modified if the insurer or employer providing accident benefits determines that it is reasonably feasible to do so.

      (c) A new motor vehicle must be so modified.

      Sec. 169.5.  NRS 616.517 is hereby amended to read as follows:

      616.517  1.  The system shall establish teams of employees of the system to manage extended claims. Each such team must include a claims examiner, nurse and vocational rehabilitation counselor.

      2.  The case load for a claims examiner who is a member of such a team must not exceed 200 active claims. The manager shall determine the case load for the other members of a team. The case load for vocational rehabilitation counselors [who conduct full vocational assessments must not exceed 35 active claims.] must comply with the requirements of section 21.1 of this act.

      3.  Within 10 days after a case is assigned to a team to manage extended claims, a nurse or a claims examiner who represents the system shall consult with the injured employee, the employer and the physician of the injured employee to establish a plan of care for the injured employee, whenever practicable.

      4.  The plan of care for the injured employee must provide early intervention, if appropriate, and may include:

      (a) Physical therapy, medical services and rehabilitation;

      (b) Occupational therapy;

      (c) Psychological examination;

      (d) Vocational rehabilitation services; and

      (e) Diagnostic services.

      5.  The team shall provide the employer and the treating physician or chiropractor with information concerning the injured employee, including:

      (a) Any changes in the treating physician or chiropractor; and

      (b) Information concerning the denial of a claim.

      Sec. 170.  NRS 616.520 is hereby amended to read as follows:

      616.520  1.  Except as otherwise provided in subsection 4 of NRS 616.260, if an employee who has been hired or is regularly employed in this state [,] receives personal injury by accident arising out of and in the course of such employment outside of this state, he, or his dependents in case of his death, are entitled to receive compensation according to the law of this state, and such compensation is the exclusive remedy of the employee or dependents.

      2.  The provisions of this section apply only to those injuries received by the employee within 6 months after leaving this state, unless before the expiration of the 6-month period the employer has filed with the system or, in the case of a self-insured employer [,] or an association of self-insured public or private employers, with the administrator notice that he has elected to extend the coverage for a greater period . [of time.]

      Sec. 171.  NRS 616.530 is hereby amended to read as follows:

      616.530  1.  If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation for the injury or death from his employer, the act of commencing such action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this state.


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ê1993 Statutes of Nevada, Page 735 (Chapter 265, SB 316)ê

 

representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation for the injury or death from his employer, the act of commencing such action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this state.

      2.  If the injured employee, his personal or legal representatives, dependents or next of kin recover a final judgment against the employer for damages arising out of the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this state, up to the full amount thereof, but less any sums previously paid for the injury or death, must be applied in satisfaction of the judgment as follows:

      (a) Upon receipt of an authenticated copy of the final judgment and writ of execution or other process issued in aid thereof, the insurer shall forthwith determine the total amount of compensation which would have been payable under the laws of this state [had] if a claim therefor had been made to the insurer. In the case of compensation payable in installments, the insurer shall convert it into a lump sum amount by such system of computation as the administrator deems proper.

      (b) The insurer shall thereupon order to be paid in full or partial satisfaction of the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is [the lesser.] less.

      (c) Except for a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, if the judgment is satisfied fully by the employer before any payment by the system pursuant to paragraph (b), the amount payable thereunder must be paid to the employer.

      Sec. 172.  NRS 616.535 is hereby amended to read as follows:

      616.535  1.  Any employee who is entitled to receive compensation under this chapter shall, if:

      (a) Requested by the insurer; or

      (b) Ordered by an appeals officer or a hearing officer,

submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the department.

      2.  If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.

      3.  The request or order for [the] an examination must fix a time and place therefor, with due regard for the nature of the medical examination, the convenience of the employee, his physical condition and his ability to attend at the time and place fixed.

      [3.]4.  The employee is entitled to have a physician or chiropractor, provided and paid for by him, present at any such examination.


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ê1993 Statutes of Nevada, Page 736 (Chapter 265, SB 316)ê

 

      [4.]5.  If the employee refuses to submit to [any such] an examination ordered or requested pursuant to subsection 1 or 2 or obstructs [it,] the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

      [5.]6.  Any physician or chiropractor who makes or is present at any such examination may be required to testify as to the result thereof.

      Sec. 173.  NRS 616.539 is hereby amended to read as follows:

      616.539  1.  If an injured employee disagrees with the percentage of disability determined by a physician [,] or chiropractor, the injured employee may [choose another] select the next physician or chiropractor in rotation from the list [established] of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616.605 and obtain a second determination of the percentage of disability. The injured employee shall pay for the second determination.

      2.  The results of a second determination made pursuant to subsection 1 may be offered at any hearing or settlement conference.

      3.  If a hearing officer or appeals officer determines, or if the parties agree, that the percentage of disability of the injured employee is greater than the first determination, the insurer shall reimburse the injured employee for the costs of the second determination.

      Sec. 174.  (Omitted in amendment.)

      Sec. 175.  NRS 616.5412 is hereby amended to read as follows:

      616.5412  1.  Any person who is subject to the jurisdiction of the hearing officers pursuant to this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within [his] the hearing officer’s authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.

      2.  [A] Except as otherwise provided in section 79 of this act, a person who is aggrieved by:

      (a) A written determination of an insurer; or

      (b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,

may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must be filed within [60] 70 days after the date on which the notice of [its] the insurer’s determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. [Except as otherwise provided in subsection 7 of NRS 616.500, the] The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.

      3.  Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.

      4.  The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.


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ê1993 Statutes of Nevada, Page 737 (Chapter 265, SB 316)ê

 

      5.  The parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer.

      Sec. 176.  NRS 616.5414 is hereby amended to read as follows:

      616.5414  If an employee of a self-insured employer is dissatisfied with a decision of his employer, he may [request a hearing before the hearing officer.] seek to resolve the dispute pursuant to section 79 of this act and NRS 616.5412 to 616.544, inclusive.

      Sec. 177.  NRS 616.5414 is hereby amended to read as follows:

      616.5414  If an employee of a self-insured employer or of an employer who is a member of an association of self-insured public or private employers is dissatisfied with a decision of his employer [,] or the association, he may seek to resolve the dispute pursuant to section 79 of this act and NRS 616.5412 to 616.544, inclusive.

      Sec. 178.  NRS 616.5415 is hereby amended to read as follows:

      616.5415  1.  It is unlawful for any person who is not:

      (a) Employed full time by the employee’s labor organization;

      (b) Admitted to practice law in this state; or

      (c) Appearing without compensation on behalf of the employee,

to represent the employee before a hearings officer. It is unlawful for any person who is not admitted to practice law in this state to represent the employee before an appeals officer.

      2.  It is unlawful for any person who is not:

      (a) Employed full time by the employer of [the employee’s labor organization;] a trade association to which the employer belongs;

      (b) Admitted to practice law in this state; or

      (c) [Appearing without compensation on behalf of another,] A licensed third party administrator,

to represent the employer [or employee] at hearings on contested cases . [unless licensed to do so by the commissioner.

      2.]3.  The commissioner shall adopt regulations which include the:

      (a) Requirements for licensure of employers’ [and employees’] representatives, including:

             (1) The registration of each representative; and

             (2) The filing of a copy of each written agreement for the compensation of a representative;

      (b) Procedure for such licensure; and

      (c) Causes for revocation of such a license, including any applicable action listed in NRS 616.647 or a violation of this section.

      [3.]4.  Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter, the employer is liable for any penalty assessed because of that violation.

      [4.]5.  An employer shall not make the compensation of any person representing him contingent in any manner upon the outcome of any contested claim.


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ê1993 Statutes of Nevada, Page 738 (Chapter 265, SB 316)ê

 

      [5.]6.  The commissioner shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as an employer’s [or an employee’s] representative:

      (a) Application and license .......................................................................       $78

      (b) Triennial renewal of each license .......................................................         78

      Sec. 179.  NRS 616.5416 is hereby amended to read as follows:

      616.5416  1.  The hearing officer shall:

      (a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request;

      (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

      (c) Conduct hearings expeditiously and informally.

      2.  The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada attorney for injured workers.

      3.  If necessary to resolve a medical question concerning an injured employee’s condition, the hearing officer may refer the employee to a physician or chiropractor chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor . [designated by the administrator.] The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616.605, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

      4.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

      5.  The hearing officer shall render his decision within [7] 15 days after:

      (a) The hearing; or

      (b) He receives a copy of the report from the medical examination he requested.

      6.  The hearing officer shall render his decision in the most efficient format developed by the chief of the hearings division of the department of administration.

      7.  The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

      8.  The decision of the hearing officer is not stayed if an appeal from that decision is taken unless a stay is granted by the hearing officer or an appeals officer . [within 15 days after the date on which the decision was rendered.]

      Sec. 180.  NRS 616.542 is hereby amended to read as follows:

      616.542  1.  The governor shall appoint one or more appeals officers to conduct hearings in contested claims for compensation [under this chapter and chapter 617 of NRS.] pursuant to NRS 616.5426. Each appeals officer shall hold office for 2 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the state.


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ê1993 Statutes of Nevada, Page 739 (Chapter 265, SB 316)ê

 

      2.  Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law.

      3.  If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case and the governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer is entitled to be paid at an hourly rate, based upon the appeals officer’s salary.

      4.  The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under this chapter or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.

      Sec. 180.5.  NRS 616.5422 is hereby amended to read as follows:

      616.5422  1.  Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.

      2.  If a dispute is required to be submitted to a procedure for resolving complaints pursuant to section 79 of this act and:

      (a) A final decision was rendered pursuant to that procedure; or

      (b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,

the employee or, in the event of his death, his dependent may file a notice of appeal within 70 days after the date on which the final decision was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written decision within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

      3.  The filing of a notice of appeal does not automatically stay the enforcement of the decision of [the] a hearing officer [.] or a decision rendered pursuant to section 79 of this act. The appeals officer may order a stay, when appropriate, upon the application of a party.

      [3.]4.  The appeals officer shall, within 10 days after receiving a notice of appeal [,] pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616.5412, schedule a hearing for a date and time within [45] 90 days after his receipt of the notice and give notice by mail or by personal service to all parties to the [appeal] matter and their attorneys or agents at least 30 days before the date and time scheduled. A request to schedule the hearing for a date and time within 60 days after the receipt of the notice of appeal or contested claim may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.

      [4.]5.  An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.

      [5.]6.  Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to appeal the decision.


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ê1993 Statutes of Nevada, Page 740 (Chapter 265, SB 316)ê

 

the forms necessary to appeal the decision. The claimant, employer or insurer shall notify the hearing officer of a change of address.

      Sec. 181.  NRS 616.5424 is hereby amended to read as follows:

      616.5424  At any time 10 or more days before a scheduled hearing before an appeals officer, the administrator , [or] the manager [,] or the manager’s designee, a party shall mail or deliver to the opposing party any affidavit which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced into evidence, will have the same effect as if the affiant had given sworn testimony before the appeals officer, the administrator , [or] the manager [.] or the manager’s designee.

      Sec. 182.  NRS 616.5426 is hereby amended to read as follows:

      616.5426  1.  A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

      2.  The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

      3.  If necessary to resolve a medical question concerning an injured employee’s condition, the appeals officer may refer the employee to a physician or chiropractor chosen by the appeals officer. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor . [designated by the administrator.] The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616.605, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

      4.  Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

      5.  The appeals officer shall render his decision:

      (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

      (b) If a transcript has not been ordered, within 30 days after the date of the hearing.

      6.  The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision

      Sec. 183.  (Omitted in amendment.)

      Sec. 184.  NRS 616.543 is hereby amended to read as follows:

      616.543  1.  No judicial proceedings may be instituted for compensation for an injury or death under this chapter unless:

      (a) A claim for compensation is filed as provided in [NRS 616.500;] section 12 of this act; and

      (b) A final decision of an appeals officer has been rendered on such claim.


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ê1993 Statutes of Nevada, Page 741 (Chapter 265, SB 316)ê

 

      2.  Judicial proceedings instituted for compensation for an injury or death, under this chapter are limited to judicial review of the decision of an appeals officer.

      Sec. 185.  (Omitted in amendment.)

      Sec. 186.  NRS 616.544 is hereby amended to read as follows:

      616.544  If a party petitions the district court for judicial review of a final decision of an appeals officer , [or] the manager [,] or the manager’s designee, and the petition is found by the district court to be frivolous or brought without reasonable grounds, the district court may order costs and a reasonable attorney’s fee to be paid by the petitioner.

      Sec. 187.  NRS 616.545 is hereby amended to read as follows:

      616.545  1.  If [a] an application to reopen a claim to increase or rearrange compensation is made in writing more than 1 year after the date on which the claim was closed, the insurer shall reopen the claim if:

      (a) A change of circumstances warrants an increase or rearrangement of compensation during the life of [an injured employee, application may be made therefor.] the claimant;

      (b) The primary cause of the change of circumstances is the injury for which the claim was originally made; and

      (c) The application [must be in writing and] is accompanied by the certificate of a physician [,] or a chiropractor showing a change of circumstances which would warrant an increase or rearrangement of compensation. [No increase or rearrangement is effective before the application is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.]

      2.  After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the physician or chiropractor treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.

      3.  If a claimant applies for a claim to be reopened pursuant to subsection 1 or 2 and a final determination denying the reopening is issued, the claimant shall not reapply to reopen the claim until at least 1 year after the date on which the final determination is issued.

      4.  Except as otherwise provided in subsection 5, if an application to reopen a claim is made in writing within 1 year after the date on which the claim was closed, the insurer shall reopen the claim only if there is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.

      5.  An application to reopen a claim must be made in writing within 1 year after the date on which the claim was closed if:

      (a) The claimant was not off work as a result of the injury; and

      (b) The claimant did not receive benefits for a permanent partial disability. If an application to reopen a claim to increase or rearrange compensation is made pursuant to this subsection, the insurer shall reopen the claim if the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met.


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ê1993 Statutes of Nevada, Page 742 (Chapter 265, SB 316)ê

 

      6.  If an employee’s claim is reopened pursuant to this section, he is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before his claim was reopened, he:

      (a) Retired; or

      (b) Otherwise voluntarily removed himself from the work force,

for reasons unrelated to the injury for which the claim was originally made.

      7.  One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection.

      8.  An increase or rearrangement of compensation is not effective before an application for reopening a claim is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.

      9.  A claim that automatically closes pursuant to subsection 2 of NRS 616.567 may not be reopened pursuant to this section.

      Sec. 188.  NRS 616.560 is hereby amended to read as follows:

      616.560  1.  If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable under this chapter or chapter 617 of NRS and, notwithstanding the provisions of NRS 616.370, receive payment from the employer for that injury:

      (a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount paid by the employer.

      (b) The insurer, or in the case of claims involving the uninsured employer’s claim fund or the subsequent injury fund the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents received compensation pursuant to the provisions of this chapter.

This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.

      2.  When an employee [coming under the provisions of this chapter] receives an injury for which compensation is payable [under] pursuant to the provisions of this chapter and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

      (a) The injured employee, or in case of death [,] his dependents, may take proceedings against that person to recover damages, but the amount of the compensation [to which] the injured employee or his dependents are entitled [under] to receive pursuant to the provisions of this chapter, including any future compensation , [under this chapter,] must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      (b) If the injured employee, or in case of death his dependents, receive compensation [under] pursuant to the provisions of this chapter, the insurer, or in case of claims involving the uninsured employers’ claim fund or the subsequent injury fund [,] the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.


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ê1993 Statutes of Nevada, Page 743 (Chapter 265, SB 316)ê

 

or in case of claims involving the uninsured employers’ claim fund or the subsequent injury fund [,] the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.

      3.  When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employer’s policy of uninsured or underinsured vehicle coverage:

      (a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of proceeds received.

      (b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in the case of claims involving the uninsured employers’ claim fund or the subsequent injury fund the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

      4.  In any action or proceedings taken by the insurer or the administrator [under] pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the underinsured employers’ claim fund or the subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than those amounts, the excess must be paid to the injured employee or his dependents.

      [(c) The injured employee, or in case of death his dependents, shall first notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or subsequent injury fund the administrator, in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.

      2.]5.  In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection [1,] 2 or 3, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      [3.]6.  The lien provided for under subsection [2] 1 or 5 includes the total compensation expenditure incurred by the insurer, the uninsured employers’ claim fund or the subsequent injury fund for the injured employee and his dependents.


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ê1993 Statutes of Nevada, Page 744 (Chapter 265, SB 316)ê

 

      [4.]7.  An injured employee, or in the case of death his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or subsequent injury fund the administrator, in writing before initiating a proceeding or action pursuant to this section.

      8.  Within 15 days [of] after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise [, the] :

      (a) The injured employee or his [representative] dependents, or the attorney or representative of the injured employee or his dependents; and

      (b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or subsequent injury fund the administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of the total recover.

      [5.]  The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

      9.  An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.

      10.  In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury [shall] must receive proof of the amount of all payments made or to be made by the insurer or the administrator. The court shall instruct the jury substantially as follows:

      “Payment of workmen’s compensation benefits by the insurer, or in the case of claims involving the uninsured employers’ claim fund or subsequent injury fund the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer or the administrator.

      If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.”

      [6.]11.  For the purposes of calculating an employer’s premium, the employer’s account with the system must be credited with an amount equal to that recovered by the system from a third party pursuant to this section, less the system’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employee’s claim.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 745 (Chapter 265, SB 316)ê

 

      12.  As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.

      Sec. 189.  NRS 616.563 is hereby amended to read as follows:

      616.563  1.  If an insurer determines that an employee has [willfully] knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the willful misrepresentation or concealment of a material fact.

      2.  An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616.5412 to 616.544, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to the employee, in addition to any benefits or payments the employee is entitled to receive [.] , if:

      (a) The final decision is favorable to the employee; and

      (b) The administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment.

      3.  This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616.675.

      Sec. 190.  NRS 616.565 is hereby amended to read as follows:

      616.565  1.  Compensation is not payable pursuant to the provisions of this chapter for an injury:

      (a) Caused by the employee’s willful intention to injure himself.

      (b) Caused by the employee’s willful intention to injure another.

      (c) Proximately caused by the employee’s intoxication, whether by alcohol or a controlled substance. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

      2.  No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

      3.  If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.

      4.  An injured employee’s compensation, other than accident benefits, must be suspended if:

      (a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 746 (Chapter 265, SB 316)ê

 

      (b) It is within the ability of the employee to correct the nonindustrial condition or injury.

The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.

      Sec. 191.  NRS 616.567 is hereby amended to read as follows:

      616.567  1.  Except as otherwise provided in subsection 2:

      (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant. The notice must include a statement that if the claimant does not agree with the determination, he has a right to [a hearing before a hearing officer on the closing of his claim, and that he may request a hearing, in writing, on the form provided with the notice, within 60 days after the date on which the notice was mailed by the insurer.] request a resolution of the dispute pursuant to NRS 616.5412 to 616.544, inclusive, and section 79 of this act. A suitable form for requesting a [hearing] resolution of the dispute must be enclosed with the notice. The closure of a claim is not effective unless notice is given as required by this subsection.

      [2.](b) If the insurer does not receive a request for [a hearing before a hearing officer within 60 days after mailing the notice,] the resolution of the dispute, it may close the claim. [Upon receiving a request for a hearing, the insurer shall treat the claim as a contested case for the purposes of the hearing.

      3.](c) Notwithstanding the provisions of NRS 233B.125, [in any] if a hearing is conducted [pursuant to this section,] to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

      2.  If the medical benefits required to be paid for a claim are less than $500, the claim closes automatically if the claimant does not receive medical treatment for the injury for at least 6 months. The claimant may not appeal the closing of such a claim.

      Sec. 192.  (Omitted in amendment.)

      Sec. 193.  NRS 616.580 is hereby amended to read as follows:

      616.580  [Every]

      1.  Except as otherwise provided in section 19 of this act, every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, is entitled to receive the following compensation for permanent total disability:

      [1.](a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage.

      [2.  Where]

      (b) If there is a previous disability, as the loss of one eye, one hand, one foot or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      [3.  In cases of permanent total disability, if]


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 747 (Chapter 265, SB 316)ê

 

      (c) If the character of the injury is such as to render the [workman] employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the [workman] employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616.410 and 616.415.

      2.  An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists.

      Sec. 194.  NRS 616.585 is hereby amended to read as follows:

      616.585  1.  [Every] Except as otherwise provided in this section, section 19 of this act and NRS 616.545, every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  Except as otherwise provided in NRS 616.252, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.

      3.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability [.

      3.] are regularly thereafter.

      4.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

      [4.  For purposes of the payment of benefits for a temporary total disability under this section, the period of]

      5.  Payments for a temporary total disability [ceases when any] must cease when:

      (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment [.

      5.  Each insurer shall, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the department for the injured employee to request continued compensation for the temporary total disability.] for which the employee is suited, after giving consideration to the employee’s education, training and experience;

      (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or

      (c) Except as otherwise provided in NRS 616.252, the employee is incarcerated.

      6.  The insurer shall issue to the injured employee, not less than 6 working days before the [beginning] end of the period specified in the form, a check for the compensation due the employee for that period, if:


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ê1993 Statutes of Nevada, Page 748 (Chapter 265, SB 316)ê

 

      (a) The injured employee has completed and returned the form to the insurer; or

      (b) There is documentation with the insurer which indicates a continuing disability [.] during that period.

A check shall be deemed delivered upon the date that it is postmarked, if it is properly addressed and the postage is prepaid.

      7.  A certificate of disability issued by a physician or chiropractor must:

      (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;

      (b) Specify whether the limitations or restrictions are permanent or temporary; and

      (c) Be signed by the physician or chiropractor.

      8.  If certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident is not required to comply with NRS 616.222 and sections 21.2 to 21.8, inclusive, of this act or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee a position that is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment, the hours he is required to work and the salary he will be paid.

      Sec. 195.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  [Every] Except as otherwise provided in section 19 of this act, every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  Within 30 days after receiving from [the treating] a physician or chiropractor [chosen pursuant to NRS 616.342] a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with a rating physician or chiropractor to determine the extent of the employee’s disability. The insurer shall select a physician or chiropractor from a group of rating physicians and chiropractors designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the department pursuant to subsection 3 of NRS 616.427. Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the administrator, according to their area of specialization and the order in which their names appear on the list.

      3.  At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:

      (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and

      (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.

The notice must be on a form approved by the administrator and provided to the injured employee by the insurer at the time of the insurer’s request.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 749 (Chapter 265, SB 316)ê

 

      4.  A rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

      [4.]5.  The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

      (a) Of the compensation to which he is entitled pursuant to this section; or

      (b) That he is not entitled to benefits for permanent partial disability.

      [5.]6.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment [of] :

      (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981 [, and] ;

      (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981 [,] and before the effective date of this section; and

      (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after the effective date of this section.

Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      [6.]7.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      [7.]8.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      [8.]9.  The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      [9.]10.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      [10.]11.  This section does not entitle any person to double payments for the death of [a workman] an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 196.  NRS 616.607 is hereby amended to read as follows:

      616.607  1.  Except as otherwise provided in NRS 616.5435, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 750 (Chapter 265, SB 316)ê

 

who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

      (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation is accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) Any claimant injured on or after July 1, 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

      2.  If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:

      (a) His right to reopen his claim according to the provisions of NRS 616.545; and

      (b) Any counseling, training or other rehabilitative services provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

      3.  Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      4.  Except as otherwise provided in this subsection, the total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump sum payment must be calculated for the remaining payment of compensation.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection [5] 6 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.

      6.  If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.


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ê1993 Statutes of Nevada, Page 751 (Chapter 265, SB 316)ê

 

      Sec. 197.  NRS 616.610 is hereby amended to read as follows:

      616.610  [Every]

      1.  Except as otherwise provided in subsection 2 and section 19 of this act, every employee in the employ of an employer, within the provisions of this chapter, who [shall be] is injured by accident arising out of and in the course of employment, [shall be] is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.

      2.  Except as otherwise provided in NRS 616.252, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary partial disability during the time the employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits if the injured employee is released from incarceration during the period of disability specified in subsection 1 and he is certified as temporarily partially disabled by a physician or chiropractor.

      Sec. 198.  NRS 616.615 is hereby amended to read as follows:

      616.615  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation is known as a death benefit, and is payable as follows:

      1.  In addition to any other compensation payable pursuant to this chapter, burial expenses are payable in an amount not to exceed $5,000. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer if the transportation is not beyond the continental limits of the United States.

      2.  To the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until his death or remarriage, with 2 years’ compensation payable in one lump sum upon remarriage.

      3.  In the event of the subsequent death of the surviving spouse:

      (a) Each surviving child of the deceased employee must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.

      (b) [If] Except as otherwise provided in subsection 11, if the children have a guardian, the compensation [on account of them] they are entitled to receive may be paid to the guardian.

      4.  Upon the remarriage of a surviving spouse with children:

      (a) The surviving spouse must be paid 2 years’ compensation in one lump sum and further benefits must cease; and

      (b) Each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.

      5.  If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support.

      6.  Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 752 (Chapter 265, SB 316)ê

 

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 33 1/3 percent of the average monthly wage.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 66 2/3 percent of the average monthly wage.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.

      7.  The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.

      8.  In all other cases involving a question of total or partial dependency:

      (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

      9.  Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      10.  In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to him, funeral expenses are payable in an amount not to exceed $5,000.

      11.  If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019.


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ê1993 Statutes of Nevada, Page 753 (Chapter 265, SB 316)ê

 

      12.  Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his proportionate share of compensation pursuant to this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if he is:

      (a) Over 18 years of age and incapable of [self-support,] supporting himself, until such time as he becomes capable of [self-support;] supporting himself; or

      (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.

      13.  As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death.

      Sec. 199.  NRS 616.617 is hereby amended to read as follows:

      616.617  1.  If an injured employee is eligible for vocational rehabilitation services pursuant to [subsection 3 of] NRS 616.222, the insurer and the injured employee may execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services.

      2.  If the insurer and the injured employee execute an agreement pursuant to subsection 1, the acceptance of the payment of compensation in a lump sum by the injured employee extinguishes his right to receive vocational rehabilitation services under his claim. Except as otherwise required by federal law, an injured employee shall not receive vocational rehabilitation services from any state agency after he accepts payment of compensation in a lump sum pursuant to this section.

      3.  Before executing an agreement pursuant to subsection 1, an insurer [must;] shall:

      (a) Order an assessment of and counseling concerning the vocational skills of the injured employee [;] , unless the provisions of section 21.9 of this act are applicable;

      (b) Consult with the employer of the injured employee; [and]

      (c) Provide a written notice to the injured employee that contains the following statements:

             (1) That the injured employee is urged to seek assistance and advice from the Nevada attorney for injured workers or to consult with a private attorney before signing the agreement.

             (2) That the injured employee may rescind the agreement within 20 days after he signs it.

             (3) That the 20-day period pursuant to subparagraph (2) may not be waived.

             (4) That acceptance by the injured employee of payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services extinguishes his right to receive such services.

      4.  No payment of compensation in a lump sum may be made pursuant to this section until the 20-day period provided for the rescission of the agreement has expired.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 754 (Chapter 265, SB 316)ê

 

      Sec. 199.5.  NRS 616.620 is hereby amended to read as follows:

      616.620  Except as otherwise provided by NRS 616.5435, 616.607, 616.615 and 616.617, and section 21.9 of this act, the insurer shall not make or allow any lump-sum settlements.

      Sec. 200.  NRS 616.625 is hereby amended to read as follows:

      616.625  1.  Except as otherwise provided by specific statute, the amount of compensation and benefits and the person or persons entitled thereto must be determined as of the date of the accident or injury to the employee, and their rights thereto become fixed as of that date.

      2.  If the employee incurs a subsequent injury or disability that primarily arises from a previous accident or injury that arose out of and in the course of his employment, the date of the previous accident or injury must be used to determine the amount of compensation and benefits to which the claimant is entitled.

      Sec. 200.5.  NRS 616.6283 is hereby amended to read as follows:

      616.6283  1.  Each person who is receiving or is entitled to receive compensation for a permanent total disability pursuant to NRS 616.580 or a death benefit pursuant to NRS 616.615 for an industrial injury or occupational disease which occurred before July 1, [1975,] 1980, is entitled to receive compensation of not less than [$400] $600 each month.

      2.  A self-insured employer shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer.

      3.  A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.

      4.  The administrator shall adopt regulations to carry out the provisions of this section.

      Sec. 201.  NRS 616.6283 is hereby amended to read as follows:

      616.6283  1.  Each person who is receiving or is entitled to receive compensation for a permanent total disability pursuant to NRS 616.580 or a death benefit pursuant to NRS 616.615 for an industrial injury or occupational disease which occurred before July 1, 1980, is entitled to receive compensation of not less than $600 each month.

      2.  A self-insured employer or an association of self-insured public or private employers shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer [.] or association.

      3.  A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.

      4.  The administrator shall adopt regulations to carry out the provisions of this section.

      Sec. 201.5.  NRS 616.630 is hereby amended to read as follows:

      616.630  1.  If the manager finds that an employer within the provisions of NRS 616.285 has failed to provide and secure compensation as required by the terms of this chapter, he shall make a determination thereon and charge the employer an amount equal to three times the premiums that would otherwise have been owed to the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing or securing compensation, but not to exceed 6 years.


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ê1993 Statutes of Nevada, Page 755 (Chapter 265, SB 316)ê

 

the period that the employer was doing business in this state without providing or securing compensation, but not to exceed 6 years.

      2.  The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager’s determination may appeal from the determination pursuant to subsection 2 of NRS 616.635.

      3.  Any employer within the provisions of NRS 616.285 who fails to provide and secure compensation as required by the terms of this chapter, is:

      (a) For the first offense, guilty of a misdemeanor.

      (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a gross misdemeanor.

      [2.  If the administrator or interested employee complains to the district attorney of any county that an employer in his county has violated the provisions of this section, the district attorney shall investigate the complaint. If, after investigation, the district attorney determines that a violation of this section may be proven beyond a reasonable doubt, he shall prosecute the employer for the offense regardless of whether a civil penalty is imposed or may be imposed.

      3.  If the administrator or interested employee complains to the attorney general of any neglect of any district attorney in the performance of his duties pursuant to subsection 2, the attorney general shall investigate the complaint. If, after investigation, the attorney general determines that:

      (a) A violation of this section may be proven beyond a reasonable doubt, he shall prosecute the employer for the offense regardless of whether a civil penalty is imposed or may be imposed.

      (b) The district attorney has neglected to perform his duties pursuant to subsection 2, he shall forthwith institute proceedings against the district attorney as for a misdemeanor or to remove him from office.

      4.  The duty of the district attorney and of the attorney general must be enforced as to procedure in the same manner as is provided in the case of actions for the protection and benefit of employees as provided in NRS 607.160 and 607.200.]

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 202.  NRS 616.635 is hereby amended to read as follows:

      616.635  1.  If the manager finds that any employer or any employee, officer or agent of any employer has [willfully] knowingly made a false statement or has [willfully] knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based, he shall make a determination thereon and charge the employer’s account an amount equal to three times the amount of the premium due. The manager shall mail a copy of his determination to the employer.

      2.  An employer who is aggrieved by the manager’s determination may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was mailed to the employer. The manager shall hold a hearing within 30 days after he receives the request. The determination of the manager made pursuant to a hearing is a final decision for the purposes of judicial review.


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ê1993 Statutes of Nevada, Page 756 (Chapter 265, SB 316)ê

 

      3.  A person who [willfully] knowingly makes a false statement or representation or who [willfully] knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 203.  NRS 616.640 is hereby amended to read as follows:

      616.640  1.  [It is unlawful for an employer to make] Any employer who makes any charge against any employee or [to deduct] who deducts from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his acceptance or rejection of this chapter [.] is guilty of a gross misdemeanor.

      2.  An employer who is required to provide compensation pursuant to the provisions of this chapter or chapter 617 of NRS and who requires an employee to provide or secure such compensation on his own behalf is guilty of a gross misdemeanor.

      3.  Any employer violating any provision of this section [shall] must be prosecuted by the attorney general upon complaint of any employee who submits proper evidence of a violation.

      Sec. 204.  NRS 616.647 is hereby amended to read as follows:

      616.647  1.  [If] Except as otherwise provided in subsection 2, if the administrator [has reason to believe] determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

      (a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;

      (b) Persuaded a claimant to settle for an amount which is less than reasonable;

      (c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;

      (d) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer or appeals officer;

      (e) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer or appeals officer;

      (f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him by a hearing officer or appeals officer;

      (g) [Failed to comply with the regulations of the department for the acceptance and rejection of claims, determination and calculation of a claimant’s average monthly wage, determination and payment of compensation, delivery of accident benefits and reporting relating to these matters;

      (h)] Failed to comply with the department’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS; or

      [(i) Failed]

      (h) Intentionally or repeatedly failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall [set a date for a hearing. The date must be no sooner than 30 days after notice is served upon the insurer or employer of the alleged action and the time and place of the hearing.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 757 (Chapter 265, SB 316)ê

 

      2.  If, after an evidentiary hearing, the administrator determines that the insurer or employer has committed the alleged act, the administrator shall issue a notice of violation imposing a proposed] impose an administrative fine of [:

      (a) Not] not more than $250 for each initial violation [of subsection 1] which was not intentional [; or

      (b) Not] , or a fine of not more than $1,000 for each intentional or repeated violation . [of subsection 1.

      3.]2.  In addition to any fine imposed pursuant to subsection [2,] 1, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

      [4.  If a person wishes to contest a notice of violation issued pursuant to subsection 2, he must file a notice of appeal with the division within 30 days after the notice is issued, showing why the proposed fine should not be imposed against him.

      5.  If a notice of appeal is filed as required by subsection 4, the administrator shall issue a complaint setting forth the factual basis for his determination that a violation has occurred. The person against whom a complaint is issued shall file an answer to the complaint within 30 days after the complaint is issued. The answer must be accompanied by any documentary evidence upon which the person relies and, if the person desires a hearing on the matter, by a request for hearing. If an answer and a request for hearing are filed as required by this subsection, the administrator shall set a date for a hearing on the matter, which must be no sooner than 30 days after the answer and request for hearing are filed.

      6.  If a notice of appeal or an answer is not filed as required by this section, the notice of violation shall be deemed a final order and is not subject to review by any court or agency.

      7.  A hearing held pursuant to this section must be conducted by the administrator or a person designated by him. A record of the hearing must be kept but it need not be transcribed unless it is requested by the person against whom the order or notice of violation has been issued and that person pays the cost of transcription.

      8.  An administrative fine imposed pursuant to this section must be paid to the division. If the violation for which the fine is levied was committed by a person while acting within the course and scope or his agency or employment, the fine must be paid by his principal or employer. The fine may be recovered in a civil action brought in the name of the division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his principal place of business.

      9.]

      3.  If the administrator determines that a person has violated any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act, the administrator shall impose an administrative fine of not more than $10,000.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 758 (Chapter 265, SB 316)ê

 

      4.  Two or more fines of $1,000 [levied by the administrator] imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the revocation of a certificate of self-insurance.

      [10.]5.  The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer [:

      (a) Intentionally or repeatedly violated the provisions of paragraph (g) of subsection 1; or

      (b) Violated any other] violated any provision of subsection 1.

      Sec. 205.  NRS 616.647 is hereby amended to read as follows:

      616.647  1.  Except as otherwise provided in subsection 2, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

      (a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;

      (b) Persuaded a claimant to settle for an amount which is less than reasonable;

      (c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;

      (d) Persuaded a claimant to accept less than the compensation to which he is entitled;

      (e) Refused to pay or unreasonably delayed payment to a claimant of compensation to which he is entitled;

      (f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation to which he is entitled;

      (g) Failed to comply with the department’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS; or

      (h) Intentionally or repeatedly failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall impose an administrative fine of not more than $250 for each initial violation which was not intentional, or a fine of not more than $1,000 for each intentional or repeated violation.

      2.  In addition to any fine imposed pursuant to subsection 1, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

      3.  If the administrator determines that a person has violated any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act, the administrator shall impose an administrative fine of not more than $10,000.

      4.  Two or more fines of $1,000 imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the [revocation] withdrawal of a certificate of self-insurance [.] to act as a self-insured employer or an association of self-insured public or private employers.

      5.  The commissioner may withdraw the certification of a self-insured employer or an association of self-insured public or private employers if, after a hearing, it is shown that the self-insured employer or association violated any provision of subsection 1.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 759 (Chapter 265, SB 316)ê

 

after a hearing, it is shown that the self-insured employer or association violated any provision of subsection 1.

      Sec. 206.  NRS 616.675 is hereby amended to read as follows:

      616.675  [1.  Any] Unless a different penalty is provided pursuant to sections 54 to 57, inclusive, or section 60 of this act, any person who [willfully] knowingly makes a false statement or representation or who knowingly conceals a material fact to obtain or attempt to obtain any benefit , including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, [is guilty of a gross misdemeanor.

      2.  If a claimant is convicted of violating the provisions of subsection 1, he:

      (a) Forfeits all right to compensation under this chapter after conviction for the offense; and

      (b) Is liable for the reasonable costs incurred by the insurer to investigate and act upon the false claim, and for the payments or benefits fraudulently obtained.

      3.  The attorney general or the district attorney of the county in which the employer has a place of business or the defendant resides may prosecute all criminal actions for the violation of the provisions of subsection 1.

      4.  Upon request, a state agency shall furnish to the attorney general or a district attorney, information which would assist in the prosecution of a claimant alleged to have violated the provisions of subsection 1.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      Sec. 206.5.  NRS 616.690 is hereby amended to read as follows:

      616.690  1.  A [physician or chiropractor] provider of health care attending an injured employee shall not refer that employee to a health facility or service in which the [physician or chiropractor] provider of health care, any person in a partnership with the provider of health care or any member of the immediate family of the provider of health care has a financial interest, including an interest as a limited partner, unless [he first discloses that interest in writing to the injured employee and the insurer. Upon the request of an injured employee to whom such a disclosure is made, the physician or chiropractor shall provide the injured employee with a referral to a health facility or service in which the physician or chiropractor does not have a financial interest. The injured employee must not be penalized for refusing to use a health facility or service in which the physician or chiropractor has a financial interest, if the injured employee promptly notifies the insurer in writing of his objection to using the facility or service.] :

      (a) The service required by the injured employee is not otherwise available within a 30-mile radius of the office of the provider of health care;

      (b) The service is provided pursuant to a referral to a provider of health care who is participating in the health care plan of a health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS and is authorized to provide health care services to an injured employee;


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ê1993 Statutes of Nevada, Page 760 (Chapter 265, SB 316)ê

 

      (c) The provider of health care is a member of a group practice and the referral is made to that group practice;

      (d) The referral is made to a surgical center for ambulatory patients, as defined in NRS 449.019, that is licensed pursuant to chapter 449 of NRS; or

      (e) The financial interest represents an investment in securities under the Securities Exchange Act of 1934 (15 U.S.C. §§ 78a et seq.) in a corporation that has shareholder equity of more than $100,000,000.

      2.  As used in this section [, “health] :

      (a) “Group practice” means two or more providers of health care who have organized as a business entity in accordance with the laws of this state to provide health care services, if:

             (1) Each member of the group practice provides substantially all of the health care services he routinely provides, including without limitation, medical care, consultations, diagnoses and treatment, through the joint use of shared offices, facilities, equipment and personnel;

             (2) Substantially all of the health care services provided by the members of the group practice are provided through the group practice, the billings for those services are issued in the name of the group practice and the compensation received for those services is treated as being received by the group practice;

             (3) No member of the group practice receives compensation based on the volume or value of the patients referred to the group practice by that member; and

             (4) All health care services offered by the group practice are provided within the confines of a central building or group of buildings that are located on one parcel of land.

      (b) “Health facility” means any facility in or through which services related to the care and observation of patients, the diagnosis of human diseases, the treatment and rehabilitation of patients or other related services are provided. The term includes any parent, affiliate, subsidiary or partner of such a facility and any other entity which has a primary purpose of providing a benefit to such a facility.

      (c) “Member of the immediate family” means a grandparent, parent, stepparent, spouse, brother, sister, half brother, half sister, natural born child, adopted child, stepchild or grandchild.

      (d) “Partnership” has the meaning ascribed to it in NRS 87.060. The term includes a partnership which is not related to the practice of a provider of health care.

      Sec. 207.  NRS 616.700 is hereby amended to read as follows:

      616.700  Any person who [willfully] knowingly makes a false statement or representation concerning the employment of any person who is receiving benefits pursuant to this chapter [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      Sec. 208.  Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 209 to 222, inclusive, of this act.


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ê1993 Statutes of Nevada, Page 761 (Chapter 265, SB 316)ê

 

      Sec. 209.  1.  An employee is entitled to receive as a medical benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if:

      (a) As a result of an occupational disease arising out of and in the course of his employment, he is quadriplegic, paraplegic and has had a part of his body amputated; and

      (b) He cannot be fitted with a prosthetic device which allows him to operate a motor vehicle safely.

      2.  If an employee is entitled to receive a motor vehicle pursuant to subsection 1, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference:

      (a) A motor vehicle owned by the employee must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.

      (b) A used motor vehicle must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.

      (c) A new motor vehicle must be so modified.

      Sec. 210.  1.  An insurer shall not provide compensation to or for an employee or his dependents before the compensation is required to be paid pursuant to the provisions of this chapter.

      2.  If, within 30 days after a payment is made to an injured employee pursuant to the provisions of this chapter, the insurer determines that it has overpaid the employee as a result of a clerical error in its calculation of the amount of payment or as a result of using improper or incorrect information to determine the employee’s eligibility for compensation or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the employee is entitled, other than medical benefits, if:

      (a) The insurer notifies the employee in writing of its determination;

      (b) The insurer informs the employee of his right to contest the deduction; and

      (c) The employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that an overpayment was made.

      3.  Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the employee.

      Sec. 211.  If, after a claim for compensation is filed pursuant to section 218 of this act:

      1.  The employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and

      2.  The employee’s medical records for the occupational disease reported do not include a reference to the injury or disease for which treatment is being sought,

the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury and disease for which treatment is being sought and the occupational disease reported pursuant to section 218 of this act.


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ê1993 Statutes of Nevada, Page 762 (Chapter 265, SB 316)ê

 

      Sec. 212.  1.  An employee is not entitled to compensation pursuant to the provisions of this chapter if:

      (a) He has a preexisting condition from a cause or origin that did not arise out of and in the course of his current or past employment; and

      (b) He subsequently contracts an occupational disease which aggravates, precipitates or accelerates his preexisting condition,

unless the occupational disease is the primary cause of the resulting disability.

      2.  An employee is not entitled to compensation pursuant to the provisions of this chapter if:

      (a) He contracts an occupational disease; and

      (b) He subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his employment,

unless the occupational disease is the primary cause of the resulting disability.

      Sec. 213.  A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if:

      1.  The time for filing the claim has expired pursuant to section 218.5 of this act; or

      2.  The employee or another dependent filed a claim for compensation for that occupational disease, the claim was denied and the denial has become final pursuant to the regulations adopted pursuant to NRS 617.165 or in an action for judicial review filed pursuant to NRS 617.405.

      Sec. 214.  1.  An association that is certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under this chapter.

      2.  An association is not required to pay the contributions required of employers by NRS 617.310.

      3.  The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of a member of an association must be handled in the manner provided by this chapter, and the association is subject to the regulations of the department with respect thereto.

      4.  The security deposited pursuant to section 26 of this act does not relieve the association from responsibility for the administration of claims and payment of compensation under this chapter.

      5.  An association of self-insured public or private employers qualifying under the provisions of this chapter must comply with the provisions of section 26 of this act.

      Sec. 215.  (Omitted in amendment.)

      Sec. 216.  Except as otherwise provided in NRS 617.270, no penalty or remedy provided in this chapter is exclusive of any other penalty or remedy, but is cumulative and in addition to every other penalty or remedy and may be exercised without exhausting and without regard to any other penalty or remedy provided by this chapter or any other statute.

      Sec. 217.  1.  An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 30 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment.


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ê1993 Statutes of Nevada, Page 763 (Chapter 265, SB 316)ê

 

employee as soon as practicable, but within 30 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment.

      2.  The notice required by subsection 1 must:

      (a) Be on a form prescribed by the administrator. The form must allow the employee or his dependent to describe briefly the circumstances which caused the disease or death.

      (b) Be signed by the employee or by a person on his behalf, or in the event of the employee’s death, by one of his dependents or by a person acting on behalf of the dependent.

      (c) Include an explanation of the procedure for filing a claim for compensation.

      (d) Be prepared in duplicate so that the employee or his dependent and the employer can retain a copy of the notice.

      3.  Upon receipt of the notice required by subsection 1, the employer, the employee’s supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.

      4.  An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.

      5.  An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by the system shall not file a notice of injury with the system.

      Sec. 218.  1.  Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on his behalf, shall file a claim for compensation with the insurer within 90 days after the employee has knowledge of the disability and its relationship to his employment.

      2.  In the event of the death of the employee resulting from the occupational disease, a dependent of the employee, or a person acting on his behalf, shall file a claim for compensation with the insurer within 1 year after the death of the employee.

      3.  The claim for compensation must be filed on a form prescribed by the administrator.

      Sec. 218.5.  1.  Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, his dependent, is barred from recovering compensation pursuant to the provisions of this chapter if he fails to file a notice of an occupational disease pursuant to section 217 of this act or a claim for compensation pursuant to section 218 of this act.

      2.  An insurer may excuse the failure to file a notice of an occupational disease or claim for compensation pursuant to the provisions of this section if:

      (a) The employee’s disease or another cause beyond his control prevented him from providing the notice or the claim;

      (b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law;

      (c) The failure was caused by the physical or mental inability of the employee or the dependent; or


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ê1993 Statutes of Nevada, Page 764 (Chapter 265, SB 316)ê

 

      (d) The failure was caused by fraud, misrepresentation or deceit.

      Sec. 219.  1.  A treating physician or chiropractor shall, within 3 working days after he first treats an employee who has incurred an occupational disease, complete and mail to the employer of the employee and to the employer’s insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall mail the claim for compensation to the employer’s third-party administrator.

      2.  A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.

      3.  If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the employee’s ability to work.

      4.  Each physician, chiropractor and medical facility that treats employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the division and department shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.

      5.  The administrator shall impose an administrative fine of not more than $1,000 against a physician or chiropractor for each violation of subsection 1.

      Sec. 220.  1.  Within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and mail to his insurer or third-party administrator an employer’s report of industrial injury or occupational disease.

      2.  The report must:

      (a) Be on a form prescribed by the administrator;

      (b) Be signed by the employer or his designee;

      (c) Contain specific answers to all questions required by the regulations of the department; and

      (d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the employee is expected to be off work for 5 days or more.

      3.  An employee of the system shall not complete the report required by subsection 1 or any other form relating to the occupational disease on behalf of the employer unless the employer:

      (a) Is not in business;

      (b) Has not been located by the system within 5 working days after receipt of a claim for compensation; or

      (c) Refuses to complete the report.

      4.  The administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.

      Sec. 221.  An insurer shall accept or deny responsibility for compensation under this chapter within 30 working days after claims for compensation are received pursuant to both sections 218 and 219 of this act.

      Sec. 222.  1.  An employee or his dependents are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or his dependents establish by a preponderance of the evidence that the employee’s occupational disease arose out of and in the course of his employment.


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ê1993 Statutes of Nevada, Page 765 (Chapter 265, SB 316)ê

 

      2.  If the employee files a notice of an occupational disease pursuant to section 217 of this act after his employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his employment

      Sec. 223.  NRS 617.130 is hereby amended to read as follows:

      617.130  1.  “Medical benefits” [shall be construed to mean] means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including [artificial members.] prosthetic devices.

      2.  The term does not include:

      (a) Exercise equipment, a hot tub or a spa for an employee’s home;

      (b) Membership in an athletic or health club;

      (c) Except as otherwise provided in section 209 of this act, a motor vehicle; or

      (d) The costs of operating a motor vehicle provided pursuant to section 209 of this act, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

      Sec. 224.  NRS 617.275 is hereby amended to read as follows:

      617.275  1.  [If an employee who has been hired or who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory coverage for occupational diseases, the] An employee may [elect to] receive compensation from the uninsured employers’ claim fund [by:

      (a) Filing a] if:

      (a) He was hired in this state or he is regularly employed in this state;

      (b) He contracts an occupational disease as a result of work performed in this state;

      (c) He files a claim for compensation with the system [;

      (b) Filing] pursuant to section 218 of this act;

      (d) He files a written notice [of his election] with the division; and

      [(c) Making]

      (e) He makes an irrevocable assignment to the division of [his right of action against the uninsured employer.] a right to be subrogated to the rights of the employee pursuant to NRS 616.560.

      2.  If the system receives a claim pursuant to subsection 1, the system shall immediately:

      (a) Notify the employer of the claim;

      (b) Deliver to the claimant any forms necessary to make a claim pursuant to this section; and

      (c) Notify the division of the claim by sending a copy of the claim, any evidence regarding the claim and any evidence indicating that the employer was uninsured.

      3.  For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the [.] or that he was not required to maintain industrial insurance for the employee.

      4.  Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employer’s claim fund or incurred by the division or department.


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ê1993 Statutes of Nevada, Page 766 (Chapter 265, SB 316)ê

 

fees paid from the uninsured employer’s claim fund or incurred by the division or department.

      5.  The division:

      (a) May recover from the employer the payments made by the division or department that are described in subsection 4 and any accrued interest by bringing a civil action in district court.

      (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

      (c) May enter into a contract with any person to assist in the collection of any liability of an insured employer.

      (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      6.  The division shall [determine] :

      (a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee. [Upon determining that a claim is valid, the division shall assign]

      (b) Assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system.

Upon determining that a claim is invalid, the [division] system shall notify the claimant, the named employer and the [system] division that the claim will not be assigned for benefits from the uninsured employers’ claim fund.

      7.  Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616.5412 to 616.544, inclusive [.] , and section 79 of this act.

      8.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

      9.  An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.

      10.  Attorney’s fees recoverable by the division pursuant to this section must be:

      (a) If a private attorney is retained by the department, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the department, paid at the rate established by regulations adopted by the department.

Any money collected must be deposited to the uninsured employers’ claim fund.

      11.  In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.


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ê1993 Statutes of Nevada, Page 767 (Chapter 265, SB 316)ê

 

against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.

      Sec. 225.  (Omitted in amendment.)

      Sec. 226.  NRS 617.310 is hereby amended to read as follows:

      617.310  Except for a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, every employer within the provisions of this chapter and every employer electing to be governed by the provisions of this chapter before becoming entitled to the benefits of this chapter in the providing and securing of compensation to his employees, shall pay to the system, for the occupational diseases fund and the medical benefits fund, in the manner and at the times prescribed for the payment of premiums in chapter 616 of NRS, premiums in amounts fixed by the manager.

      Sec. 227.  NRS 617.370 is hereby amended to read as follows:

      617.370  1.  Any employee who is entitled to receive compensation under this chapter shall, if:

      (a) Requested by the insurer; or

      (b) Ordered by an appeals officer, or a hearing officer,

submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the department.

      2.  If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employer to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.

      3.  The request or order for [the] an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.

      [3.]4.  The employee is entitled to have a physician, provided and paid for by him, present at any such examination.

      [4.]5.  If the employee refuses to submit to [any such] an examination ordered or requested pursuant to subsection 1 or 2 or obstructs [it,] the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

      [5.]6.  Any physician who makes or is present at any such examination may be required to testify as to the result thereof.

      Sec. 228.  NRS 617.400 is hereby amended to read as follows:

      617.400  1.  No compensation [shall] may be awarded on account of disability or death from a disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, [shall have willfully] knowingly and falsely represented himself as not having previously suffered from [such] the disease.

      2.  No compensation [shall be] is payable under this chapter when disability or death is wholly or in part caused by the willful misconduct or willful self-exposure of the employee.


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ê1993 Statutes of Nevada, Page 768 (Chapter 265, SB 316)ê

 

      Sec. 229.  NRS 617.402 is hereby amended to read as follows:

      617.402  1.  If an insurer determines that an employee has [willfully] knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the [willful] knowing misrepresentation or concealment of a material fact.

      2.  An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616.5412 to 616.544, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive [.] , if:

      (a) The final decision is favorable to the employee; and

      (b) The administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment.

      3.  This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616.675.

      Sec. 230.  NRS 617.405 is hereby amended to read as follows:

      617.405  1.  No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless:

      (a) A claim is filed within the time limits prescribed in [NRS 617.330;] section 218 of this act; and

      (b) A final decision by an appeals officer has been rendered on the claim.

      2.  Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.

      Sec. 231.  NRS 617.410 is hereby amended to read as follows:

      617.410  Compensation for disability sustained on account of occupational disease by an employee, or the dependents of [such] an employee as defined in this chapter, must be paid from the occupational diseases fund or , if the employee is employed by a self-insured employer [,] or an employer who is a member of an association of self-insured public or private employers, then by the employer [.] or the association.

      Sec. 232.  NRS 617.450 is hereby amended to read as follows:

      617.450  [The] Except as otherwise provided in section 212 of this act, the following diseases, as well as other occupational diseases defined in NRS 617.440, [shall be] are considered occupational diseases and [shall be] are compensable as such when contracted by an employee and when arising out of and in the course of the employment in any process described in this section.

Schedule

 

Description of Disease or Injury

 

Description of Process

 

 

 

Anthrax ...................................................

 

Handling of livestock wool, hair, bristles, hides and skins.


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ê1993 Statutes of Nevada, Page 769 (Chapter 265, SB 316)ê

 

 

Arsenic poisoning .................................

 

Any process involving the production or use of arsenic or its preparations or compounds.

 

 

 

Brass or zinc poisoning ........................

 

Any process involving the manufacture, founding or refining of brass or the melting or smelting of zinc.

 

 

 

Carbon monoxide poisoning ................

 

Any process involving the evolution of or resulting in the escape of carbon monoxide.

 

 

 

Chrome ulceration of skin or nasal passages .................................................

 

 

Any process involving the production or use of or direct contact with chromic acid or bichromates of ammonium, potassium or sodium or their preparations.

 

 

 

Compressed air illness ..........................

 

Any work process carried on in compressed air.

 

 

 

Epithelioma cancer or ulceration of the skin or of the corneal surface of the eye due to carbon, pitch, tar or tarry compounds production ........................

 

 

 

 

Handling or industrial use of carbon, pitch or tarry compounds.

 

 

 

Glanders ..................................................

 

Care of any equine animal suffering from glanders; handling carcass of such animal.

 

 

 

Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dusts, liquids, fumes, gases or vapors .....................................................

 

 

 

 

 

Any process involving the production, handling or use of oils, cutting compounds or lubricants, or involving contact with dust, liquids, fumes, gases or vapors.

 

 

 

Lead poisoning ......................................

 

Any process involving the production or use of lead or its preparations or compounds.


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ê1993 Statutes of Nevada, Page 770 (Chapter 265, SB 316)ê

 

Manganese dioxide poisoning ............

 

Any process involving the grinding or milling of manganese dioxide or the escape of manganese dioxide dust.

 

 

 

Mercury poisoning ...............................

 

Any process involving the production or use of mercury or its preparations or compounds.

 

 

 

Phosphorus poisoning .........................

 

Any process involving the production or use of phosphorus, or its preparations or compounds.

 

 

 

Poisoning by carbon bisulfide ............

 

Any process involving the production or use of carbon bisulfide or its preparations or compounds.

 

 

 

Poisoning by chlorine ...........................

 

Any process involving the production or use of chlorine or its preparations or compounds.

 

 

 

Poisoning by flour, burned grease, bakery and kitchen fumes and other food products ........................................

 

 

 

Any process involving the production of or the use of flours for baking purposes, greases used in cooking, and other products used in cafes and bakeries, causing or tending to cause what is commonly called baker’s disease, baker’s asthma [,] or baker’s tuberculosis.

 

 

 

Poisoning by gasoline, benzene, naphtha or other volatile petroleum products ..................................................

 

 

 

Any process involving the production or use of gasoline, benzine, naphtha or other volatile petroleum products.

 

 

 

Poisoning by wood alcohol .................

 

Any process involving the production or use of wood alcohol or its preparations.

 

 

 

Potassium cyanide poisoning .............

 

Any process involving the production or use of or direct contact with potassium cyanide.


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ê1993 Statutes of Nevada, Page 771 (Chapter 265, SB 316)ê

 

Radium poisoning or disability due to radioactive properties or substances, or to roentgen rays (X-rays), or to exposure to ionizing radiation .............

 

 

 

 

Any process involving the use of or direct contact with radium or a radioactive substance, or the use of or direct exposure to roentgen rays (X-rays) or ionizing radiation.

 

 

 

Sulfur dioxide poisoning ......................

 

Any process in which sulfur dioxide gas is evolved by the expansion of liquid sulfur dioxide.

 

 

 

Tenosynovitis and prepatellar bursitis ....................................................

 

 

Primary tenosynovitis characterized by a passive effusion or crepitus into the tendon sheath of the flexor or extensor muscles of the hand, due to frequently repetitive motions or vibrations, or prepateller bursitis due to continued pressure.

 

      Secs. 233 and 234.  (Omitted in amendment.)

      Sec. 235.  NRS 617.460 is hereby amended to read as follows:

      617.460  1.  [Silicosis] Except as otherwise provided in section 212 of this act, silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.

      2.  Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.

      3.  Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

      4.  No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this state covered by the insurer.

      5.  Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as otherwise provided in NRS 616.615, the insurer shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment.


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ê1993 Statutes of Nevada, Page 772 (Chapter 265, SB 316)ê

 

Payment of benefits and compensation is limited to the claimant and his dependents.

      6.  Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled, is not entitled to compensation payments by the insurer, but is entitled to continue to receive the same amount of compensation from the account for pensions for silicosis, diseases related to asbestos and other disabilities.

      Sec. 236.  NRS 618.383 is hereby amended to read as follows:

      618.383  1.  An employer shall establish a written safety program [if he has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification.] and carry out the requirements of the program within 90 days after it is established.

      2.  The written safety program must include:

      (a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries.

      (b) [The] If an employer has more than 25 employees, the establishment of a safety committee . [which includes, whenever possible, an equal number of] The safety committee must include representatives of employees . [and employers.] If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.

      [(c) Training on identifying potential hazards in the workplace.

      (d) The review and application of state and federal statutes, regulations and standards concerning occupational safety and health.

      (e) A requirement for the periodic consultation of the employer with the division of enforcement of industrial safety and health of the department.]

      3.  A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.

      4.  The administrator of the division of enforcement for industrial safety and health of the department shall adopt regulations establishing the minimum requirements for a written safety program.

      5.  The administrator of the division of preventative safety of the department shall develop and provide each employer with a written [manual which includes:

      (a) Information concerning safety, health and emergencies in the workplace, and the establishment of a training program for employees with regard to those matters;

      (b) A listing and description of safe work practices; and

      (c) Guidelines for the establishment of a safety committee.

      5.  Any other employer may establish a written safety program and a safety committee.] guide for establishing a written safety program.

      6.  An employer who [has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification, who employs 25 or more persons and who hires temporary employees shall hold a meeting and] contracts with a temporary employment service shall provide specialized training concerning safety for [those temporary] the employees of the service before they begin work at each site or as soon as possible thereafter.


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ê1993 Statutes of Nevada, Page 773 (Chapter 265, SB 316)ê

 

provide specialized training concerning safety for [those temporary] the employees of the service before they begin work at each site or as soon as possible thereafter.

      7.  The manager of the state industrial insurance system shall increase by [3] not more than 15 percent the premium of any employer who violates the provisions of subsection 1, and shall transfer 3 percent of any additional premium received by him pursuant to this subsection to the department for use by the division of preventative safety.

      [8.  The administrator of the division of enforcement for industrial safety and health may grant an exemption from any of the provisions of this section to an employer who has a rate of occupational injury and illness that is in the lowest 25 percent of all employers in this state.] The manager shall use the remaining amount of any additional premium received to reduce the premiums of employers insured by the system. The manager shall adopt regulations to carry out the provisions of this subsection which result in the equitable reduction of premiums among those employers.

      Sec. 237.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      2.  For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

      3.  The attorney general, acting through the unit established pursuant to subsection 2:

      (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits;

      (b) Shall cooperate with the state industrial insurance system, the department of industrial relations, self-insured employers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

      (c) Shall protect the privacy or persons who are eligible to receive benefits pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

      (d) May, upon request, inspect the records of any self-insured employer, the state industrial insurance system and the division of industrial insurance regulation of the department of industrial relations, to investigate any alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, or section 60 of this act, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.


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ê1993 Statutes of Nevada, Page 774 (Chapter 265, SB 316)ê

 

616.675, 616.690 or 616.700, sections 54 to 57, inclusive, or section 60 of this act, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      4.  When acting pursuant to NRS 228.175, 228.410 of this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

      5.  The attorney general shall report the name of any person who has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

      6.  The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits.

      7.  As used in this section, “self-insured employer” has the meaning ascribed to it in NRS 616.112.

      Sec. 238.  (Omitted in amendment.)

      Sec. 239.  NRS 232.215 is hereby amended to read as follows:

      232.215  The director:

      1.  Shall appoint a chief of the risk management division.

      2.  Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.

      3.  Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers . [, who] Except as otherwise provided in section 22.5 of this act, the hearing officers are in the classified service of the state. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.

      4.  Shall serve as chairman of the state public works board.

      5.  Is responsible for the administration, through the divisions of the department, of the provisions of NRS 331.182 to 331.186, inclusive, 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.

      6.  Has such other powers and duties as are provided by law.

      Sec. 240.  NRS 232.550 is hereby amended to read as follows:

      232.550  As used in NRS 232.560 to 232.700, inclusive, unless the context otherwise requires:

      1.  “Department” means the department of industrial relations.

      2.  “Director” means the director of the department of industrial relations.

      3.  “Insurer” includes the state industrial insurance system [,] and self-insured employers . [, and those employers covered under the provisions NRS 616.255 and 616.256.]


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ê1993 Statutes of Nevada, Page 775 (Chapter 265, SB 316)ê

 

      Sec. 241.  NRS 232.550 is hereby amended to read as follows:

      232.550  As used in NRS 232.560 to 232.700, inclusive, unless the context otherwise requires:

      1.  “Department” means the department of industrial relations.

      2.  “Director” means the director of the department of industrial relations.

      3.  “Insurer” includes [the] :

      (a) The state industrial insurance system [and self-insured employers.] ;

      (b) A self-insured employer;

      (c) An association of self-insured public employers; and

      (d) An association of self-insured private employers.

      Sec. 242.  NRS 232.680 is hereby amended to read as follows:

      232.680  1.  The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the department , [and] its various divisions , a full-time employee of the legislative counsel bureau and the fraud control unit for industrial insurance established pursuant to section 237 of this act, must be paid from assessments payable by each:

      (a) Insurer based upon expected annual expenditures for claims; and

      (b) Employer who provides accident benefits for injured employees pursuant to NRS 616.415, based upon his expected annual expenses of providing those benefits.

The department shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees.

      2.  Federal grants may partially defray the costs of the divisions.

      3.  Assignments made against insurers by the department after the adoption of regulations must be used to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:

      (a) All salaries and other expenses in administering the division of industrial insurance regulation, the division of administrative services, the division of enforcement for industrial safety and health, the division of preventative safety and the division of mine inspection, including the costs of the office and staff of the director.

      (b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

      (c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

      (d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to section 237 of this act.

      (e) Claims against uninsured employers arising from compliance with NRS 616.377 [.] and 617.275.

      Sec. 243.  NRS 244.33505 is hereby amended to read as follows:

      244.33505  1.  In a county in which a license to engage in a business is required, the board of county commi ssioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:


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ê1993 Statutes of Nevada, Page 776 (Chapter 265, SB 316)ê

 

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

      (c) Is a member of an association of self-insured public or private employers; or

      (d) Is not subject to the provisions of chapter 616 of NRS.

      2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.

      3.  Each board of county commissioners shall submit to the administrator monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.

      Sec. 244.  NRS 268.0955 is hereby amended to read as follows:

      268.0955  1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

      (c) Is a member of an association of self-insured public or private employers; or

      (d) Is not subject to the provisions of chapter 616 of NRS.

      2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

      3.  Each city council or other governing body of an incorporated city shall submit to the administrator monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.

      Sec. 245.  NRS 353.210 is hereby amended to read as follows:

      353.210  1.  Except as otherwise provided in subsection 3, 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 constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, 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.


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ê1993 Statutes of Nevada, Page 777 (Chapter 265, SB 316)ê

 

money, fees or other money under the authority of the state, including those operating on money designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, 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. The chief shall direct that one copy of the completed forms, 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. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

      2.  The expenditure estimates must be classified to set forth the data of funds, organization units, and the character and objects of expenditures, and must include a mission statement and measurement indicators for each program. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. 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 his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

      3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system , the state industrial insurance system and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      Sec. 246.  NRS 353.246 is hereby amended to read as follows:

      353.246  1.  Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system , the state industrial insurance system and the judicial department of the state government.

      2.  The legislative department, the public employees’ retirement system , the state industrial insurance system and the judicial department of the state government shall submit their budgets to the legislature in the same format as the executive budget unless otherwise provided by the legislative commission.

      Sec. 246.3.  NRS 364A.100 is hereby amended to read as follows:

      364A.100  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, the records and files of the department concerning the administration of this chapter are confidential and privileges. The department, and any employee engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter.


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ê1993 Statutes of Nevada, Page 778 (Chapter 265, SB 316)ê

 

the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the department nor any employee of the department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the department concerning the administration of this chapter are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the department and production of records, files and information on behalf of the department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby are directly involved in the action or proceeding.

      (b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

      (e) Disclosure in confidence to the governor or his agent in the exercise of the governor’s general supervisory powers, or to any person authorized to audit the accounts of the department in pursuance of an audit, or to the attorney general or other legal representative of the state in connection with an action or proceeding pursuant to this chapter or to any agency of this or any other state charged with the administration or enforcement of laws relating to worker’s compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      3.  The executive director shall periodically, as he deems appropriate; but not less often than annually, transmit to the administrator of the division of industrial insurance regulation of the department of industrial relations a list of the businesses of which he has a record. The list must include the mailing address of the business and the approximate number of employees of the business as reported to the department.

      Sec. 246.5.  NRS 439B.420 is hereby amended to read as follows:

      439B.420  1.  A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.

      2.  [No] The rent required of a physician or entity which employs physicians by a hospital or related entity [may] must not be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.

      3.  A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.


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ê1993 Statutes of Nevada, Page 779 (Chapter 265, SB 316)ê

 

      4.  [No] A health facility [may] shall not offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.

      5.  The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than 35,000.

      6.  A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, [must] shall not add any charges to the practitioner’s bill for services other than a charge related to the cost of processing the billing.

      7.  [No] A hospital or related entity [may] shall not offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self-insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.

      8.  A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.

      9.  [A] Except as prohibited by NRS 616.690, a practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the practitioner or health facility first discloses the interest.

      10.  The director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except in cases in which an action is brought pursuant to subsection 11.

      11.  A person who willfully violates any provision of this section is liable to the State of Nevada for:

      (a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.

      (b) Any reasonable expenses incurred by the state in enforcing this section. Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the state general fund and used for projects intended to benefit the residents of this state with regard to health care. Money in the account may only be withdrawn by act of the legislature.

      12.  As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

      Sec. 247.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as otherwise provided in subsection 2, the department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege tax.


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ê1993 Statutes of Nevada, Page 780 (Chapter 265, SB 316)ê

 

      2.  License plates furnished for:

      (a) Those [automobiles] vehicles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department and any authorized federal law enforcement agency or [out-of-state] law enforcement agency [;] from another state;

      (b) One [automobile] vehicle used by the department of prisons, three [automobiles] vehicles used by the department of wildlife, two [automobiles] vehicles used by the Caliente youth center and four [automobiles] vehicles used by the Nevada youth training center;

      (c) Vehicles of a city, county or the state, [except any assigned to the state industrial insurance system,] if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

      (d) [Automobiles] Vehicles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of brand inspection of the state department of agriculture;

             (3) The attorney general;

             (4) City or county juvenile officers;

             (5) District attorneys’ offices;

             (6) Public administrators’ offices;

             (7) Public guardians’ offices;

             (8) Sheriffs’ offices;

             (9) Police departments in the state; and

             (10) The securities division of the office of the secretary of state,

must not bear any distinguishing mark which would serve to identify the [automobiles] vehicles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

      3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for [automobiles] vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those [automobiles] vehicles enumerated in subsection 2.

      5.  As used in this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.


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ê1993 Statutes of Nevada, Page 781 (Chapter 265, SB 316)ê

 

      6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      Sec. 248.  NRS 624.256 is hereby amended to read as follows:

      624.256  Before granting an original or renewal of a contractor’s license to any applicant who has one or more employees, the board shall require that the applicant submit to the board:

      1.  Proof of industrial insurance and insurance for occupational diseases which covers his employees; [or]

      2.  A copy of his certificate of qualification as a self-insured employer which was issued by the commissioner of insurance [.] ; or

      3.  If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the commissioner of insurance.

      Sec. 249.  NRS 629.061 is hereby amended to read as follows:

      629.061  1.  Each provider of health care shall make the health care records of a patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient;

      (b) An investigator for the attorney general or a grand jury investigating an alleged violation of NRS 422.540 to 422.570, inclusive; [or]

      (c) An investigator for the attorney general investigating an alleged violation of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, or section 60 of this act, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance; or

      (d) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each person described in paragraphs (a) and [(c)] (d) of this subsection who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

      2.  Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient; or

      (b) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies.


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ê1993 Statutes of Nevada, Page 782 (Chapter 265, SB 316)ê

 

operates an ambulance shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

      3.  Records made available to a representative or investigator must not be used at any public hearing unless:

      (a) The patient named in the records has consented in writing to their use; or

      (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

This subsection does not prohibit a state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.

      4.  A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

      Sec. 250.  NRS 630.301 is hereby amended to read as follows:

      630.301  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Conviction of a felony, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.

      2.  Conviction of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act.

      3.  The suspension, modification or limitation of the license to practice any type of medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the armed services of the United States, an insurance company, an agency of the Federal Government or an employer.

      [3.]4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      Sec. 250.5.  NRS 630.305 is hereby amended to read as follows:

      630.305  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physician’s objective evaluation or treatment of a patient.

      2.  Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.


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ê1993 Statutes of Nevada, Page 783 (Chapter 265, SB 316)ê

 

services personally performed and the responsibility assumed by each licensee.

      3.  Referring a patient to any medical laboratory in which the licensee has a financial interest unless the laboratory is operated solely in connection with the diagnosis and treatment of his own patients [.] pursuant to NRS 652.235.

      4.  Referring an injured employee to a health facility in [which the licensee has a financial interest unless he first discloses that interest pursuant to] violation of NRS 616.690.

      5.  Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

      6.  Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.

      7.  Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.

      8.  Failing to disclose to a patient any financial or other conflict of interest.

      Sec. 251.  NRS 630.339 is hereby amended to read as follows:

      630.339  1.  If, after an investigation by a committee or on its own initiative, the board decides to proceed with disciplinary action, it shall bring charges against a licensee and fix a time and place for a formal hearing. [It] If the board receives a report pursuant to subsection 5 of section 237 of this act, such a hearing must be held within 30 days after receiving the report. The board shall notify the licensee of the charges brought against him, including the time and place set for the hearing, and of the possible sanctions authorized in NRS 630.352.

      2.  The board, a hearing officer or a panel of its members designated by the board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a panel, at least one member of the board who is not a physician must participate in this hearing.

      Sec. 252.  NRS 630A.340 is hereby amended to read as follows:

      630A.340  The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony;

      (c) A violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act;

      (d) Any offense involving moral turpitude; or

      [(d)](e) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine.

A plea of nolo contendere to any offense listed in paragraph (a), (b), (c) , [or] (d) or (e) shall be deemed a conviction.

      3.  The suspension, modification or limitation of a license to practice any type of medicine by any other jurisdiction.


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ê1993 Statutes of Nevada, Page 784 (Chapter 265, SB 316)ê

 

      4.  The surrender of a license to practice any type of medicine or the discontinuance of the practice of medicine while under investigation by any licensing authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.

      5.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      6.  Professional incompetence.

      Sec. 253.  NRS 630A.480 is hereby amended to read as follows:

      630A.480  1.  If, after an investigation by a committee or on its own initiative, the board decides to proceed with disciplinary action, it shall bring charges against a licensed homeopathic physician and fix a time and place for a formal hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, such a hearing must be held within 30 days after receiving the report. The board shall notify the homeopathic physician of the charges brought against him, including the time and place set for the hearing, and of the sanctions authorized in NRS 630A.510.

      2.  The board, a hearing officer or a committee of the members of the board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a committee, at least one member of the board who is not a physician must participate in the hearing and in the final recommendation of the committee to the board.

      Sec. 254.  NRS 631.3475 is hereby amended to read as follows:

      631.3475  The following acts, among others, constitute unprofessional conduct:

      1.  Malpractice:

      2.  Professional incompetence;

      3.  Suspension or revocation of his license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

      4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

      5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

      6.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; [or]

      7.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this state, or conviction of any criminal violation of this chapter [.] ; or

      8.  Conviction of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive or section 60 of this act.

      Sec. 255.  NRS 631.360 is hereby amended to read as follows:

      631.360  1.  The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license or certificate under this chapter, investigate the actions of any person holding a certificate.


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license or certificate under this chapter, investigate the actions of any person holding a certificate.

      2.  The board shall, before refusing to issue, or before suspending or revoking any certificate, at least 10 days before the date set for the hearing, notify in writing the applicant or the holder of the certificate of any charges made. The notice may be served by delivery of it personally to the accused person or by mailing it by registered or certified mail to the place of business last specified by the accused person, as registered with the board.

      3.  At the time and place fixed in the notice, the board shall proceed to hear the charges. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

      4.  The board may compel the attendance of witnesses or the production of documents or objects by subpena. Any person who is subpenaed by the board may request the board to modify the terms of the subpena or grant additional time for compliance.

      5.  The board may obtain a search warrant from a magistrate upon a showing that the warrant is needed for an investigation or hearing being conducted by the board and that reasonable cause exists to issue the warrant.

      6.  If the board is not sitting at the time and place fixed in the notice, or at the time and place to which the hearing has been continued, the board shall continue the hearing for a period not to exceed 30 days.

      Sec. 256.  NRS 632.320 is hereby amended to read as follows:

      632.320  The board may deny, revoke or suspend any license applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee, upon determining that he:

      1.  Is guilty of fraud or deceit in procuring or attempting to procure a license pursuant to this chapter.

      2.  Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction is conclusive evidence thereof.

      3.  Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, and section 60 of this act.

      4.  Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      [4.]5.  Is habitually intemperate or is addicted to the use of any controlled substance.

      [5.]6.  Is mentally incompetent.

      [6.]7.  Is guilty of unprofessional conduct, which includes but is not limited to the following:

      (a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

      (b) Procuring, or aiding, abetting, attempting, agreeing or offering to procure or assist at, a criminal abortion.

      (c) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.

      (d) Impersonating another licensed practitioner.


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      (e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.

      (f) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.

      [7.]8.  Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license issued pursuant to this chapter is prima facie evidence that the licensee has committed or expects to commit a violation of this chapter.

      [8.]9.  Is guilty of aiding or abetting anyone in a violation of this chapter.

      [9.]10.  Has falsified an entry on a patient’s medical chart concerning a controlled substance.

      [10.]11.  Has falsified information which was given to a physician, pharmacist or dentist to obtain a controlled substance.

      [11.]12.  Has had a license to practice nursing suspended or revoked in another jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.

      [12.]13.  Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      Sec. 257.  NRS 632.350 is hereby amended to read as follows:

      632.350  1.  Before suspending or revoking any license or certificate or taking other disciplinary action against a licensee or holder of a certificate, the board shall notify the licensee or holder of the certificate in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed.

      2.  Written notice may be served by delivery of its personally to the licensee or holder of the certificate, or by mailing it by registered or certified mail to his last known residential address.

      3.  If the licensee or holder of the certificate submits a written request, the board shall furnish the licensee or holder of the certificate with copies of any communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.

      4.  As soon as practicable after the filing of a complaint or, if no complaint is filed, after notice of the charges is given to a licensee or holder of a certificate, the board, or a majority thereof, shall hold a hearing on the charges at such time and place as the board prescribes. If the board receives a report pursuant to subsection 5 of section 237 of this act, the hearing must be held within 30 days after receiving the report. The hearing must be held, if the licensee or holder of the certificate desires, within the county where he resides.

      Sec. 258.  NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony; [or]


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      (c) A violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act; or

      (d) Any offense involving moral turpitude.

      3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

      4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      5.  Professional incompetence.

      Sec. 259.  NRS 633.621 is hereby amended to read as follows:

      633.621  If:

      1.  A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license to practice osteopathic medicine is not frivolous; or

      2.  With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,

the secretary of the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person charged at least 20 days before the date fixed for the hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, such a hearing must be held within 30 days after receiving the report.

      Sec. 260.  NRS 634.140 is hereby amended to read as follows:

      634.140  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony; [or]

      (c) A violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act; or

      (d) Any offense involving moral turpitude.

      3.  Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

      4.  Gross or repeated malpractice.

      5.  Referring an injured employee to a health facility in which the licensee has a financial interest unless he first discloses that interest pursuant to NRS 616.690.

      Sec. 260.5.  NRS 634.140 is hereby amended to read as follows:

      634.140  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;


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ê1993 Statutes of Nevada, Page 788 (Chapter 265, SB 316)ê

 

      (b) A felony;

      (c) A violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act; or

      (d) Any offense involving moral turpitude.

      3.  Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

      4.  Gross or repeated malpractice.

      5.  Referring an injured employee to a health facility in [which the licensee has a financial interest unless he first discloses that interest pursuant to] violation of NRS 616.690.

      Sec. 261.  NRS 634.170 is hereby amended to read as follows:

      634.170  1.  When a complaint is filed with the executive director of the board, it must be considered by the president or a member of the board designated by him. If, from the complaint or from other official records, it appears that the complaint may be well founded in fact, the executive director shall cause written notice of the charges in the complaint to be served upon the person charged at least 20 days before the date fixed for the hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

      2.  If the complaint is not deemed by the president or designated member of the board to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person charged, the complaint must be held in abeyance and discussed at the next meeting of the board.

      Sec. 262.  NRS 634A.170 is hereby amended to read as follows:

      634A.170  The board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

      1.  Conviction of [a felony, conviction of any] :

      (a) A felony;

      (b) Any offense involving moral turpitude [or conviction of a] ;

      (c)A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court; or

      (d) A violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act;

      2.  The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;

      3.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

      4.  Advertising by means of a knowingly false or deceptive statement;

      5.  Advertising, practicing or attempting to practice under a name other than one’s own;

      6.  Habitual drunkenness or habitual addiction to the use of a controlled substance;

      7.  Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;


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ê1993 Statutes of Nevada, Page 789 (Chapter 265, SB 316)ê

 

      8.  Sustaining a physical or mental disability which renders further practice dangerous;

      9.  Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;

      10.  Using any false or fraudulent statement in connection with the practice of Oriental medicine or any branch thereof;

      11.  Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;

      12.  Being adjudicated incompetent or insane;

      13.  Advertising in an unethical or unprofessional manner;

      14.  Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;

      15.  Willful disclosure of a privileged communication;

      16.  Failure of a licensee to designate the nature of his practice in the professional use of his name by the term doctor of Oriental medicine, doctor of acupuncture or acupuncture assistant, as the case may be;

      17.  Willful violation of the law relating to the health, safety or welfare of the public or of the regulations adopted by the state board of health;

      18.  Administering, dispensing or prescribing any controlled substance, except for the prevention, alleviation or cure of disease or for relief from suffering; and

      19.  Performing, assisting or advising in the injection of any liquid silicone substance into the human body.

      Sec. 263.  NRS 634A.180 is hereby amended to read as follows:

      634A.180  The board shall not refuse to issue, refuse to renew, suspend or revoke any license for any of the causes enumerated in NRS 634A.170, unless the person accused has been given at least 20 days’ notice in writing of the charge against him and a hearing by the board. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

      Sec. 264.  NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The board, after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed $1,000.

      2.  The board may take disciplinary action against a licensee for any of the following causes:

      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure under this chapter.

      (b) Leading the use of the holder’s name to the unlicensed person.

      (c) If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.


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ê1993 Statutes of Nevada, Page 790 (Chapter 265, SB 316)ê

 

the board incapacitates the holder in the performance of his professional duties.

      (e) Conviction of a crime involving moral turpitude.

      (f) Conviction of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act.

      (g) Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

      [(g)](h) The commission of fraud by or on behalf of the licensee regarding his license or practice.

      [(h)](i) Gross incompetence.

      [(i)](j) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.

      [(j)](k) False representation by or on behalf of the licensee regarding his practice.

      [(k)](l) Unethical or unprofessional conduct.

      [(l)](m) Willful or repeated violations of this chapter or regulations adopted by the board.

      [(m)](n) Willful violation of the regulations adopted by the state board of pharmacy.

      Sec. 265.  NRS 635.150 is hereby amended to read as follows:

      635.150  Any person against whom charges have been made shall be notified of that fact and a copy of the charges shall be sent to him by the board. He shall be given a fair and impartial trial by the board, whose decision shall be made by a majority vote of its members. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

      Sec. 266.  NRS 636.295 is hereby amended to read as follows:

      636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

      1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

      2.  Commission by the licensee of a felony or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

      3.  Conviction of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act.

      4.  Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.

      [4.]5.  Habitual drunkenness or addiction to any controlled substance.

      [5.]6.  Gross incompetency.

      [6.]7.  Affliction with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.


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ê1993 Statutes of Nevada, Page 791 (Chapter 265, SB 316)ê

 

      [7.]8.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      [8.]9.  Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.

      [9.]10.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

      [10.]11.  Willfully and repeatedly violating provisions of this chapter or regulations adopted by the board.

      Sec. 267.  NRS 636.315 is hereby amended to read as follows:

      636.315  As soon as practicable after the filing of a complaint, the board shall fix a date for the hearing thereof, which date [shall] must be not less than 30 days thereafter. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. The secretary shall immediately notify the defendant licensee of the complaint and the date and place fixed for the hearing thereof. A copy of the complaint [shall] must be attached to the notice.

      Sec. 268.  Chapter 627 of NRS is hereby amended by adding thereto a new section to read as follows:

      If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing to consider the report must be held within 30 days after receiving the report.

      Sec. 269.  NRS 637.150 is hereby amended to read as follows:

      637.150  Upon proof to the satisfaction of the board that an applicant or holder of a license:

      1.  Has been adjudicated insane;

      2.  Habitually uses any controlled substance or intoxicant;

      3.  Has been convicted of a crime involving moral turpitude;

      4.  Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act;

      5.  Has advertised in any manner which would tend to deceive, defraud or mislead the public;

      [5.]6.  Has presented to the board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the state through fraud of any kind;

      [6.]7.  Has been convicted of a violation of any federal or state law relating to a controlled substance;

      [7.]8.  Has violated any regulation of the board;

      [8.]9.  Has violated any provision of this chapter;

      [9.]10.  Is incompetent;

      [10.]11.  Is guilty of unethical or unprofessional conduct as determined by the board;

      [11.]12.  Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner; or

      [12.]13.  Is guilty of a fraudulent or deceptive practice as determined by the board,

the board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him privately or publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.


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ê1993 Statutes of Nevada, Page 792 (Chapter 265, SB 316)ê

 

him privately or publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

      Sec. 270.  NRS 637A.250 is hereby amended to read as follows:

      637A.250  The board may revoke or suspend a license after a hearing which discloses that the licensee:

      1.  Has been convicted of a felony or a misdemeanor involving moral turpitude.

      2.  Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act.

      3.  Obtained the license by fraud or misrepresentation.

      [3.]4.  Obtained any fee by fraud or misrepresentation.

      [4.]5.  Has made any false or fraudulent statements concerning hearing aids.

      [5.]6.  Has been guilty of negligence, incompetence or misconduct in the fitting of any hearing aid.

      [6.]7.  Has loaned or transferred his license to another person.

      [7.]8.  Willfully violated any law of this state or any provision of this chapter regulating hearing aid specialists.

      [8.]9.  Is habitually intemperate.

      Sec. 271.  NRS 637A.270 is hereby amended to read as follows:

      637A.270  As soon as practicable after the filing of a complaint the board shall fix a date for the hearing thereof, which date [shall] must not be less than 20 days thereafter. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. The secretary shall immediately mail, by registered or certified mail, to the defendant licensee, a copy of the complaint and a notice showing the date and place fixed for the hearing.

      Sec. 272.  NRS 637B.250 is hereby amended to read as follows:

      637B.250  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony; [or]

      (c) A violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act; or

      (d) Any offense involving moral turpitude.

      3.  Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.

      4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      5.  Professional incompetence.


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ê1993 Statutes of Nevada, Page 793 (Chapter 265, SB 316)ê

 

      Sec. 273.  NRS 637B.270 is hereby amended to read as follows:

      637B.270  Not later than 15 days after the filing of a complaint, the board shall fix a date for the hearing, which date must not be less than 20 days nor more than 45 days after the date the complaint is filed. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. The board shall immediately mail to the defendant, by certified mail, return receipt requested, a copy of the complaint and a notice showing the time, date and place of the hearing.

      Sec. 274.  NRS 639.210 is hereby amended to read as follows:

      639.210  The board may suspend or revoke any certificate, license, registration or permit issued pursuant to this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:

      1.  Is not of good moral character;

      2.  Is guilty of habitual intemperance;

      3.  Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance, unless taken pursuant to a physician’s prescription, while on duty in any establishment licensed by the board;

      4.  Is guilty of unprofessional conduct or conduct contrary to the public interest;

      5.  Is addicted to the use of any controlled substance;

      6.  Has been convicted of a violation of any law or regulation of the Federal Government or of this or any other state related to controlled substances, dangerous drugs, drug samples, or the wholesale or retail distribution of drugs;

      7.  Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;

      8.  Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act;

      9.  Has willfully made to the board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;

      [9.]10.  Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;

      [10.]11.  Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;

      [11.]12.  Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy, or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy committed by the holder of a certificate, license, registration or permit;

      [12.]13.  Has failed to renew his certificate, license or permit by failing to submit the application for renewal or pay the renewal fee therefor;


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ê1993 Statutes of Nevada, Page 794 (Chapter 265, SB 316)ê

 

      [13.]14.  Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state;

      [14.]15.  Has, as a managing pharmacist, violated any provision of law or regulation concerning recordkeeping or inventory in a store over which he presides, or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his supervision;

      [15.]16.  Has repeatedly been negligent, which may be evidenced by claims of malpractice settled against him; or

      [16.]17.  Has failed to maintain and make available to a state or federal officer any records in accordance with the provisions of this chapter or chapter 453 or 454 of NRS.

      Sec. 275.  NRS 639.245 is hereby amended to read as follows:

      639.245  Whenever a hearing has been granted by the board, the secretary shall serve notice on the respondent of the time and place set for the hearing on the accusation. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report. Service may be effected in the same manner as provided in NRS 639.242.

      Sec. 276.  NRS 640.160 is hereby amended to read as follows:

      640.160  1.  The board, after due notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:

      (a) Refuse to issue a license or temporary license to any applicant.

      (b) Refuse to renew the license or temporary license of any person.

      (c) Suspend or revoke the license or temporary license of any person.

      (d) Place any person who has been issued a license or temporary license on probation.

      (e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.

      2.  The board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:

      (a) Is habitually drunk or is addicted to the use of a controlled substance.

      (b) Has been convicted of violating any state or federal law relating to controlled substances.

      (c) Is, in the judgment of the board, guilty of immoral or unprofessional conduct.

      (d) Has been convicted of any crime involving moral turpitude.

      (e) Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act.

      (f) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

      [(f)](g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.

      [(g)](h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.


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ê1993 Statutes of Nevada, Page 795 (Chapter 265, SB 316)ê

 

      [(h)](i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.

      [(i)](j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

      [(j)](k) Has had his license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.

      [(k)](l) Is determined to be professionally incompetent by the board.

      [(l)](m) Has violated any provision of this chapter or the board’s regulations.

      Sec. 277.  NRS 640.162 is hereby amended to read as follows:

      640.162  1.  As soon as practicable after the board determines that a complaint merits a hearing, the board shall set a date for the hearing. The hearing must not be set sooner than 30 days after the date on which the respondent received notice of the complaint. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

      2.  The board’s secretary shall:

      (a) Notify the respondent that a complaint against him has been filed;

      (b) Inform him of the date, time and place set for the hearing; and

      (c) Include a copy of the complaint with the notice.

      3.  The notice and complaint may be served on the respondent by delivery to him personally or by mailing to him at his last known address by registered or certified mail.

      4.  If the respondent so requests, the hearing must be held within the county where he resides.

      Sec. 278.  NRS 640A.200 is hereby amended to read as follows:

      640A.200  1.  The board may, after notice and hearing, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The board may reinstate a revoked license upon application by the person to whom the license was issued not less than 1 year after the license is revoked.

      2.  If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held to consider the report within 30 days after receiving the report.

      3.  As used in this section, “unprofessional conduct” includes:

      (a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;

      (b) The conviction of any crime, except a misdemeanor which does not involve moral turpitude; and

      (c) The violation of any provision of this chapter or regulation of the board adopted pursuant to this chapter.

      Sec. 279.  NRS 641.230 is hereby amended to read as follows:

      641.230  The board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the board finds by a preponderance of the evidence that the psychologist has:

 


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ê1993 Statutes of Nevada, Page 796 (Chapter 265, SB 316)ê

 

if the board finds by a preponderance of the evidence that the psychologist has:

      1.  Been convicted of a felony.

      2.  Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.

      3.  Been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act.

      4.  Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.

      [4.]5.  Aided or abetted the practice of psychology by a person not licensed by the board.

      [5.]6.  Made any fraudulent or untrue statement to the board.

      [6.]7.  Violated a regulation adopted by the board.

      [7.]8.  Had his license to practice psychology suspended or revoked by another state.

      [8.]9.  Failed to report to the board within 30 days the revocation, suspension or surrender of a license or certificate to practice psychology issued by another state.

      [9.]10.  Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      [10.]11.  Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

      Sec. 280.  NRS 641.276 is hereby amended to read as follows:

      641.276  If:

      1.  A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license is not frivolous; or

      2.  With respect to a complaint reporting by the attorney general, the board has determined to proceed with an action authorized under this chapter,

the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person named in the complaint at least 20 days before the date fixed for the hearing. If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held within 30 days after receiving the report.

      Sec. 281.  Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

      If the board receives a report pursuant to subsection 5 of section 237 of this act, a hearing must be held to consider the contents of the report within 30 days after receiving the report.

      Sec. 282.  NRS 652.220 is hereby amended to read as follows:

      652.220  A license may be denied, suspended or revoked if the laboratory, laboratory director or any technical employee of the laboratory:

      1.  Violates any provision of this chapter;

      2.  Makes any misrepresentation in obtaining a license;

      3.  Has been convicted of a felony;


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ê1993 Statutes of Nevada, Page 797 (Chapter 265, SB 316)ê

 

      4.  Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of this act;

      5.  Is guilty of unprofessional conduct;

      [5.]6.  Knowingly permits the use of the name of a licensed laboratory or its director by an unlicensed laboratory; or

      [6.]7.  Fails to meet the minimum standards prescribed by the board.

      Sec. 282.5.  NRS 652.235 is hereby amended to read as follows:

      652.235  1.  A licensed physician may operate a medical laboratory solely in connection with the diagnosis or treatment of his own patients if the medical laboratory complies with the provisions of this section.

      2.  Each such medical laboratory shall:

      (a) Register with the health division of the department of human resources.

      (b) Comply with the rules and regulations adopted by the board pursuant to NRS 652.130.

      (c) Submit to the inspections and tests provided for in subsections 1 and 2 of NRS 652.140.

      3.  [A] Except as prohibited by NRS 616.690, a licensed physician shall not refer a patient to a medical laboratory in which the physician has a financial interest unless it is operated solely in connection with the diagnosis or treatment of his own patients.

      Sec. 282.55.  Section 21.1 of this act is hereby amended to read as follows:

       Sec. 21.1.  An insurer, or a private person or public agency providing vocational rehabilitation services to an insurer, shall:

       1.  Ensure that the work of a vocational rehabilitation counselor who is not certified is supervised and reviewed by certified vocational rehabilitation counselor.

       2.  Ensure that the case load for a vocational rehabilitation counselor who conducts full vocational assessments does not exceed 35 active claims.

       3.  Employ at least one certified vocational rehabilitation counselor for every four vocational rehabilitation counselors that it employs who are not certified.

      Sec. 282.6.  Section 21.4 of this act is hereby amended to read as follows:

       Sec. 21.4.  1.  A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616.222. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employee’s age, sex and physical condition.

       2.  If the counselor determined in the written assessment developed pursuant to section 21.3 of this act that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than 90 days after the date on which he was notified that he is eligible only for job placement assistance because:

 


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ê1993 Statutes of Nevada, Page 798 (Chapter 265, SB 316)ê

 

placement assistance for more than 90 days after the date on which he was notified that he is eligible only for job placement assistance because:

       (a) He was physically capable of returning to work; or

       (b) It was determined that he had existing marketable skills.

       3.  If the counselor determined in the written assessment developed pursuant to section 21.3 of this act that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in section 21.45 of this act, such a program must not exceed:

       (a) If the injured employee has incurred a permanent physical impairment of less than 6 percent, 6 months.

       (b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 9 months.

       (c) If the injured employee has incurred a permanent physical impairment of 11 percent or more, 1 year.

The percentage of the injured employee’s permanent physical impairment must be determined pursuant to NRS 616.605.

       4.  A plan for a program of vocational rehabilitation must comply with the requirements set forth in section 22 of this act.

       5.  A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.

       6.  If, based upon the opinion of an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the treating physician or chiropractor and the insurer.

       7.  A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.

       8.  The division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.

      Sec. 283.  Section 78 of this act is hereby amended to read as follows:

       Sec. 78.  A self-insured employer or an association of self-insured public or private employers may:

       1.  Enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to [his] employees for injuries and diseases that are compensable under this chapter and chapter 617 of NRS.

       2.  Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to [his] employees for injuries and diseases that are compensable under this chapter and chapter 617 of NRS.


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ê1993 Statutes of Nevada, Page 799 (Chapter 265, SB 316)ê

 

       3.  Use the services of an organization for managed care that has entered into a contract with the manager pursuant to section 74 of this act, but is not required to use such services.

       4.  Require [his] employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom [he] the self-insured employer or association has contracted pursuant to subsections 1 and 2, or as [he] the self-insured employer or association otherwise prescribes.

       5.  Require [his] employees to obtain [his] the approval of the self-insured employer or the association before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer [.] or the association.

      Sec. 284.  Section 237 of this act is hereby amended to read as follows:

       Sec. 237  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

       2.  For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section including, without limitation, an attorney, an auditor and an investigator.

       3.  The attorney general, acting through the unit established pursuant to subsection 2:

       (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits;

       (b) Shall cooperate with the state industrial insurance system, the department of industrial relations, self-insured employers , associations of self-insured public or private employers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

       (c) Shall protect the privacy of persons who are eligible to receive benefits pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

       (d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, the state industrial insurance system and the division of industrial insurance regulation of the department of industrial relations, to investigate any alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, of this act, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.


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ê1993 Statutes of Nevada, Page 800 (Chapter 265, SB 316)ê

 

alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, of this act, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

       4.  When acting pursuant to NRS 228.175, 228.410 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

       5.  The attorney general shall report the name of any person who has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, of this act, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

       6.  The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, of this act, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits.

       7.  As used in this section [, “self-insured employer”] :

       (a) “Association of self-insured private employers” has the meaning ascribed to it in section 3 of this act.

       (b) “Association of self-insured public employers” has the meaning ascribed to it in section 4 of this act.

       (c) “Self-insured employer” has the meaning ascribed to it in NRS 616.112.

      Sec. 284.2.  Section 1 of Assembly Bill No. 375 of this session is hereby amended to read as follows:

       Section 1.  NRS 616.380 is hereby amended to read as follows:

       616.380  1.  In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:

       (a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employer’s individual experience;

       (b) Shall adopt equitable regulations controlling the rating of each risk, which [regulations, however,] must conserve to each risk the basic principles of industrial insurance; and

       (c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.

       2.  The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of premiums or payment of dividends must be in the discretion of the manager.

       3.  The rating system provided by this section is subject to the following further limitations:


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ê1993 Statutes of Nevada, Page 801 (Chapter 265, SB 316)ê

 

       (a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of any actuary designated by the commissioner.

       (b) The manager shall file revised premium rates, revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least:

             (1) Sixty days before the effective date of [any] a projected change in premiums or projected change of multiplier; and

             (2) Thirty days before the effective date of [any] a change decided upon.

The commission shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.

       (c) [Any] An employer affected by a change in a revised premium rate or a revised classification of employment may request the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing. An employer may not appeal a decision of the commissioner concerning a revised premium rate or a revised classification of employment to the manager.

       (d) Premium rates may not be fixed at a level higher than that required to:

             (1) Pay the obligations created by this chapter and associated administrative expenses.

             (2) Provide for a reasonable reserve for claims.

             (3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicted accurately and could endanger the solvency of the fund.

The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.

       4.  In determining and fixing premium rates, the manager may establish a varying schedule of rates for workers who are in the classification of employment designated as construction which reflects the varying hourly rates of wages paid to such workers.

       5.  In determining and fixing the premium rates applicable to an employer who begins business in this state but has conducted business in another state for 3 years or longer, the manager shall take into account the employer’s experience in the other state in the same manner as the manager takes into account an employer’s experience in this state.

       6.  Subsections 2 and 3 do not apply to rating plan made by voluntary agreement between the manager and an employer which increases or reduces premiums for the employer. The voluntary rating plan may be retrospective in nature. A voluntary rating plan must be in writing and signed by the manager and the employer.

       [6.]7.  The manager shall adopt by regulation a plan for reviewing employers insured by the system who have excessive losses, as defined by the plan, in order to encourage those employers to pay for their losses and correct their loss experience.


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ê1993 Statutes of Nevada, Page 802 (Chapter 265, SB 316)ê

 

by the plan, in order to encourage those employers to pay for their losses and correct their loss experience. The plan may include requirements for:

       (a) The payment of surcharges by such an employer;

       (b) Mandatory retrospective rating plans;

       (c) An increase in the amount of the deductible required to be paid by such an employer pursuant to subsection 1 of section 73 of this act;

       (d) Changes in the limitations placed on the experience modification plan for such an employer; or

       (e) Any combination of paragraphs (a), (b), (c) and (d).

The plan must include procedures for the termination of an employer’s participation in the plan when the employer has corrected his excessive loss experience. The commissioner shall review the plan adopted pursuant to this subsection.

      Sec. 284.5.  Section 4 of Assembly Bill No. 342 of this session is hereby amended to read as follows:

       Sec. 4.  NRS 616.400 is hereby amended to read as follows:

       616.400  1.  Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:

       (a) The total amount paid to employees for services performed;

       (b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

       (c) A segregation of employment in accordance with the requirements of the system,

together with the premium due thereon.

       2.  In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be [:

       (a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.

       (b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.

       (c) For the period beginning January 1, 1994, and ending December 31, 2004, the first $30,000 paid to the employee.

       (d) For the period beginning January 1, 1995, and ending December 31, 1995,] the first [$33,000] $36,000 paid to the employee [.] during the calendar year.

       3.  Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

       4.  Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.


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ê1993 Statutes of Nevada, Page 803 (Chapter 265, SB 316)ê

 

       5.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

       6.  The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

       7.  The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

       8.  To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

      Sec. 284.7.  Section 2 of Assembly Bill No. 436 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 612.265 is hereby amended to read as follows:

       612.265  1.  Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

       2.  Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.

       3.  Subject to such restrictions as the executive director may by regulation prescribe, [such] the information obtained by the employment security department may be made available to:

       (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workman’s compensation or labor law, or the maintenance of a system of public employment offices;

       (b) Any state or local agency for the enforcement of child support;

       (c) The Internal Revenue Service of the Department of the Treasury; and

       (d) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.


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ê1993 Statutes of Nevada, Page 804 (Chapter 265, SB 316)ê

 

purposes appropriate to the operation of a public employment service or a public assistance program.

       4.  The executive director may publish or otherwise provide information on the names of employers, their [geographic locations,] addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer [to the commission on economic development for its use] , if the information released will assist unemployed persons obtain employment or will be generally useful in developing and diversifying the economic interests of this state. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this state, the executive director may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The executive director may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The executive director may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

       5.  Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

       6.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a [reasonable] fee to cover the actual costs of any related administrative expenses.

       7.  The provisions of subsection 4 notwithstanding, the executive director shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The executive director may charge a [reasonable] fee to cover the actual costs of any related administrative expenses.

       8.  The manager of the state industrial insurance system shall submit to the executive director a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the employment security department regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period.


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ê1993 Statutes of Nevada, Page 805 (Chapter 265, SB 316)ê

 

pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the executive director and must contain the social security number of each such person. Upon receipt of such a request, the executive director shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The executive director shall charge a [reasonable] fee to cover the actual costs of any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.

       9.  The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

       10.  If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

       11.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 285.  NRS 616.028, 616.1703, 616.1705, 616.1707, 616.2223, 616.255, 616.256, 616.345, 616.537, 616.680, 617.180, 617.330, 617.350 and 617.360 are hereby repealed.

      Sec. 286.  (Omitted in amendment.)

      Sec. 287.  1.  The amendatory provisions of NRS 616.222, 616.585 and 616.610 must not be applied to reduce the amount of compensation and benefits of a person who is incarcerated and receiving benefits pursuant to chapter 616 or 617 of NRS before the effective date of this section, or to reduce the amount of the compensation and benefits of the dependents of such a person.

      2.  The amendatory provisions of NRS 616.027 must not be applied to reduce the average monthly wage of an employee who is receiving compensation for an industrial injury or occupational disease before the effective date of this section.


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ê1993 Statutes of Nevada, Page 806 (Chapter 265, SB 316)ê

 

      3.  Section 19 of this act does not apply to an employee who, before the effective date of this section, is receiving compensation pursuant to chapter 616 of NRS for an injury that was:

      (a) Sustained in the manner described in paragraph (b) of subsection 1 of section 19 of this act; or

      (b) Aggravated, precipitated or accelerated in the manner described in paragraph (b) of subsection 2 of section 19 of this act.

      4.  Section 212 of this act does not apply to an employee who, before the effective date of this section, is receiving compensation pursuant to chapter 617 of NRS for an occupational disease that was:

      (a) Contracted in the manner described in paragraph (b) of subsection 1 of section 212 of this act; or

      (b) Aggravated, precipitated or accelerated in the manner described in paragraph (b) of subsection 2 of section 212 of this act.

      5.  Notwithstanding the amendatory provisions of subsection 5 and 7 of NRS 616.545, a claimant may file an application to reopen a claim pursuant to the remaining provisions of NRS 616.545, as amended by this act, before July 1, 1994, if:

      (a) The claimant was not off work as a result of the industrial injury;

      (b) The claimant did not receive benefits for a permanent partial disability; and

      (c) A hearing was requested on the closure of the claim and the clamant received notice of the decision of the hearing officer before July 1, 1993.

      6.  The amendatory provisions of NRS 616.625 must not be applied to reduce the amount of compensation and benefits that a claimant is entitled to receive for a subsequent injury or disability that occurred before the effective date of this section.

      Sec. 288.  If the manager of the state industrial insurance system enters into a contract with an organization for managed care pursuant to section 74 of this act, an injured employee who is insured by the system and is receiving medical or health care services for an industrial injury or occupational disease on the effective date of this section may not be required to participate in the plan for managed care until he is determined to be medically stable or changes his physician or chiropractor.

      Sec. 289.  1.  Except as otherwise provided in subsection 2, any officer or employee of the state or a political subdivision of the state, and any insurer who, on the effective date of this section, is investigating an alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, shall, within 30 days after the effective date of this section, transfer that investigation and all records relating thereto to the fraud control unit for industrial insurance created pursuant to section 237 of this act.

      2.  An officer or employee of the state or a political subdivision of the state, or an insurer shall not transfer an investigation or records relating thereto to the fraud control unit for industrial insurance if an information or complaint has been filed.

      3.  As used in this section, “insurer” has the meaning ascribed to it in NRS 616.1103.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 807 (Chapter 265, SB 316)ê

 

      Sec. 290.  Notwithstanding the provisions of NRS 616.412, the director of the department of industrial relations shall not, before October 1, 1995, increase the schedule of fees and charges allowable for accident benefits that is required to be established pursuant to that section unless:

      1.  The manager of the state industrial insurance system enters into a contract with an organization for managed care pursuant to section 74 of this act to provide comprehensive medical and health care services to employees whose employers are insured by the system for injuries and diseases that are compensable under chapters 616 and 617 of NRS; or

      2.  The governor approves an increase in the schedule of fees and charges.

      Sec. 291.  1.  Payments for compensation made from the subsequent injury fund for any claim filed by an injured employee insured by the state industrial insurance system must terminate on the effective date of this section, and any future charges for such a claim must be made by the system pursuant to the procedures established pursuant to section 83 of this act.

      2.  As soon as practicable after the effective date of this section, the director of the department of industrial relations shall cause to be conducted an audit of the subsequent injury fund and return to the state industrial insurance system any excess money in the fund in an amount equal to the system’s portion of the assessments paid into the fund pursuant to NRS 616.4261. Any money received by the system pursuant to this subsection must be deposited in the state insurance fund.

      Sec. 292.  1.  Notwithstanding the provisions of NRS 616.027, for the purpose of calculating benefits for a temporary total disability from the effective date of this section to and including June 30, 1995, “average monthly wage” must be calculated by using the state average weekly wage on the effective date of this section, as computed by the employment security department pursuant to the provisions of NRS 616.027.

      2.  This section does not affect the calculation of benefits other than those for a temporary total disability.

      3.  This section must not be applied to reduce the average monthly wage of an employee who has incurred an industrial injury or occupational disease before the effective date of this section.

      Sec. 293.  The governor shall:

      1.  Review the laws concerning industrial insurance enacted by the 67th session of the Nevada Legislature;

      2.  Prepare a report concerning the review that contains an evaluation of the effectiveness of those laws, any recommended programs, proposed legislation and the results of an audit of the state industrial insurance system; and

      3.  Submit the report to the 68th session of the Nevada Legislature no later than the first Friday in March of 1995.

      Sec. 294.  1.  This section and sections 1, 2, 5, 6, 10 to 21, inclusive, 21.2 to 22.5, inclusive, 24, 52 to 84, inclusive, 86, 87, 88, 91, 92, 94, 95, 97, 98, 99, 100, 101, 102, 103, 103.5, 104, 105, 106, 107, 111, 112, 114, 115, 116, 118, 119.5, 120, 121, 123, 124, 126, 130, 131, 132, 136, 138, 140, 141, 142, 144, 145, 146, 148, 150, 153, 155, 157, 159, 161, 164, 165, 166 to 169.5, inclusive, 172, 173, 175, 176, 179 to 182, inclusive, 184, 186 to 191.5, inclusive, 193 to 200.5, inclusive, 201.5, 202, 203, 204, 206, 207 to 213, inclusive, 216 to 224, inclusive, 227, 228, 229, 230, 232, 235, 236, 237, 239, 240, 242, 246.3, 249, 250, 251 to 260, inclusive, 261 to 282, inclusive and 284.2 to 293, inclusive, of this act become effective upon passage and approval.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 808 (Chapter 265, SB 316)ê

 

237, 239, 240, 242, 246.3, 249, 250, 251 to 260, inclusive, 261 to 282, inclusive and 284.2 to 293, inclusive, of this act become effective upon passage and approval.

      2.  Sections 245 and 246 of this act become effective on July 1, 1993.

      3.  Section 247 of this act becomes effective at 12:01 a.m. on July 1, 1993.

      4.  Sections 4.5, 21.1, 84.5, 116.5 and 282.6 of this act become effective on July 1, 1994.

      5.  Sections 3, 4, 7, 8, 9, 25 to 51, inclusive, 85, 89, 90, 93, 108, 110, 113, 117, 119, 122, 128, 129, 133, 134, 135, 137, 139, 143, 147, 149, 150.5, 151, 152, 154, 156, 158, 160, 162, 163, 170, 171, 177, 201, 205, 206.5, 214, 226, 231, 241, 243, 244, 246.5, 248, 250.5, 260.5, 282.5, 283 and 284 of this act become effective on July 1, 1995.

      6.  Section 282.55 of this act becomes effective on January 1, 1996.

      7.  Sections 98.5, 99.5, 100.5, 103.2, 104.5, 106.5, 164.5 and 165.5 of this act become effective on July 1, 1997.

 

________

 

 

CHAPTER 266, AB 77

Assembly Bill No. 77—Committee on Judiciary

CHAPTER 266

AN ACT relating to crimes; revising the provisions regarding loitering, prowling and vagrancy; providing a penalty; authorizing certain local ordinances; and providing other matters properly relating thereto.

 

[Approved June 23, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.030 is hereby amended to read as follows:

      207.030  1.  [Every person who:

      (a) Solicits anyone to engage in or who engages] It is unlawful to:

      (a) Offer or agree to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;

      (b) [Solicits] Offer or agree to engage in, engage in or aid and abet any act of prostitution;

      (c) [Is] Be a pimp, panderer or procurer or [lives] live in or about houses of prostitution;

      (d) [Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;

      (e) Goes from house to house begging food, money or other articles, or seeks] Seek admission to [houses] a house upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;

      [(f) Keeps]

      (e) Keep a place where lost or stolen property is concealed;

      [(g) Loiters]

      (f) Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 809 (Chapter 266, AB 77)ê

 

      [(h) Loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to state his name and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands the identification;

      (i) Loiters, prowls or wanders upon the private property of another, without visible or lawful business with the owner or occupant thereof, or who, while loitering, prowling or wandering upon the private property of another, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof; or

      (j) Lodges]

      (g) Lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof . [,

is a vagrant.

      2.  Every vagrant]

      2.  A person who violates a provision of subsection 1 shall be punished:

      (a) For the first violation of paragraph (a), (b) or (c) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.

      (b) For the second violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than $250 nor more than $1,000.

      (c) For the third or subsequent violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

      (d) For a violation of any provisions of paragraphs (d) to [(j),] (g), inclusive, of subsection 1, for a misdemeanor.

      3.  The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.

      4.  A local government may enact an ordinance which regulates the time, place or manner in which a person or group of persons may beg or solicit alms in a public place or place open to the public.

      Sec. 2.  NRS 244.357 is hereby amended to read as follows:

      244.357  1.  Each board of county commissio ners may enact and enforce such local police and sanitary ordinances and regulations as are not in conflict with the general laws and regulations of the State of Nevada, but may not enact any ordinance or regulation fixing a speed limit on any United States highway or any highway or road which is constructed, reconstructed, improved or maintained by the department of transportation as provided in chapter 408 of NRS.

      2.  Such police and sanitary ordinances and regulations may be enacted to apply throughout an entire county or, where the subject matter makes it appropriate and reasonable, may be enacted to govern only a limited area within the county which must be specified in the ordinance.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 810 (Chapter 266, AB 77)ê

 

      3.  Each board of county commissioners may enact and enforce [a vagrancy ordinance which conforms to the provisions of NRS 207.030.] loitering and prowling ordinances.

      4.  Subject to the restriction of subsection 1, each board of county commissioners may, by ordinance, regulate:

      (a) All vehicular, pedestrian and other traffic within the unincorporated area of the county and provide generally for the public safety on public streets, publicly owned parking lots, parking areas to which the public is invited and the public rights of way.

      (b) The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 3.  NRS 268.409 is hereby amended to read as follows:

      268.409  In addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power to enact and enforce [a vagrancy ordinance which conforms to the provisions of NRS 207.030.] loitering and prowling ordinances.

      Sec. 4.  NRS 269.217 is hereby amended to read as follows:

      269.217  In addition to the powers and jurisdiction conferred by other laws, the town boards or boards of county commi ssioners of the counties of this state are empowered to enact and enforce [a vagrancy ordinance which conforms to the provisions of NRS 207.030.] loitering and prowling ordinances.

      Sec. 5.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 267, AB 540

Assembly Bill No. 540—Committee on Judiciary

CHAPTER 267

AN ACT relating to domestic violence; authorizing a court to expedite the issuance of a temporary order for protection against domestic violence under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 23, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 33.020 is hereby amended to read as follows:

      33.020  1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence.

      2.  The court may require the applicant or the adverse party, or both, to appear before it before determining whether to grant the temporary or extended order.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 811 (Chapter 267, AB 540)ê

 

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.

      4.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

      5.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order for protection against domestic violence. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

 

________

 

 

CHAPTER 268, AB 561

Assembly Bill No. 561—Committee on Ways and Means

CHAPTER 268

AN ACT relating to appraisers of real estate; revising the requirements for the issuance of a certificate, license or permit; requiring the real estate division of the department of commerce to retain a portion of the fees paid by appraisers for payment to the Financial Institutions Examination Council; and providing other matters properly relating thereto.

 

[Approved June 23, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The division may issue a permit to conduct an appraisal in this state to a person who holds a certificate or license issued by another state or territory of the United States or the District of Columbia.

      2.  The commission shall adopt regulations which prescribe the requirements for the issuance of such a permit.

      Sec. 3.  1.  The division shall not issue a certificate, license or permit pursuant to this chapter to an applicant who is a resident of another state unless he has executed a written statement that appoints the administrator as his agent for the service of process for any action or proceeding filed against him in this state.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 812 (Chapter 268, AB 561)ê

 

      2.  The statement of appointment must include a provision which provides:

      (a) That any process which is served on the administrator shall be deemed to have the same legal validity as if it had been served on the applicant;

      (b) That the appointment of the administrator as his agent for the service of process continues as long as any liability remains outstanding against him in this state; and

      (c) For venue in any judicial or administrative district in this state without regard to the residence or principal place of business of the holder of a certificate or license.

      3.  The statement of appointment must be signed by the applicant and notarized. The applicant shall file a copy of the statement of appointment with the administrator. A copy of the statement which is certified by the administrator shall be deemed sufficient evidence of the appointment.

      4.  If any process is served upon the administrator pursuant to this section, the administrator shall mail the process by certified mail to the last known address of the person holding the certificate, license or permit. Service of process shall be deemed complete upon mailing. The manner of the service of process described in this subsection does not affect the validity of any other service of process authorized by law.

      Sec. 4.  NRS 645C.100 is hereby amended to read as follows:

      645C.100  “Permit” means a [temporary certificate or license] permit to conduct an appraisal issued to an appraiser by the administrator pursuant to [NRS 645C.360.] section 2 of this act.

      Sec. 5.  NRS 645C.240 is hereby amended to read as follows:

      645C.240  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, all fees, penalties and other charges received by the division pursuant to this chapter must be deposited with the state treasurer for credit to the state general fund.

      2.  Fees received from the sale of publications must be retained by the division to pay the costs of printing and distributing publications. Any surplus must be deposited with the state treasurer for credit to the state general fund.

      3.  The portion of the fees collected by the division pursuant to NRS 645C.450 for the issuance or renewal of a certificate or license as a residential appraiser or the issuance or renewal of a certificate as a general appraiser which is used for payment of the registry fee to the Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the division for payment to the Financial Institutions Examination Council.

      4.  Money for the support of the division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the state are paid.

      Sec. 6.  NRS 645C.320 is hereby amended to read as follows:

      645C.320  1.  The administrator shall issue a certificate or license, as appropriate, to any person:

      (a) Of good moral character, honesty and integrity;

      (b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330; and

      (c) Who , except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the commission.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 813 (Chapter 268, AB 561)ê

 

      2.  The administrator may deny an application for a certificate or license to any person who:

      (a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application; or

      (c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

      Sec. 7.  NRS 645C.330 is hereby amended to read as follows:

      645C.330  1.  An applicant for a license as a residential appraiser must furnish proof satisfactory to the commission that he has successfully completed:

      (a) Not less than 75 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and

      (b) [During the 5 years immediately preceding the date of his application, at] At least 2 years of experience working full time as an appraiser or intern.

      2.  An applicant for a certificate as a residential appraiser must furnish proof satisfactory to the commission that he has successfully completed:

      (a) Not less than 120 hours of academic instruction in subjects related to appraisal taught in courses approved by the commission; and

      (b) [During the 5 years immediately preceding the date of his application, at] At least 2 years of experience working full time as an appraiser or intern.

      3.  An applicant for a certificate as a general appraiser must furnish proof satisfactory to the commission that he has successfully completed:

      (a) Not less than 165 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and

      (b) [During the 5 years immediately preceding the date of his application, at] At least 3 years of experience working full time as an appraiser or intern.

      4.  As used in this section, an “hour of academic instruction” means at least 50 minutes of actual time spent receiving instruction.

      Sec. 8.  NRS 645C.360 is hereby amended to read as follows:

      645C.360  1.  [A certificate, license or permit may be issued under this chapter, without an examination, to a person who holds a certificate, license or permit to act as an appraiser issued by another state or territory of the United States or the District of Columbia, upon a showing that the requirements for the certificate, license or permit issued in that jurisdiction are substantially equivalent to those required by this state to obtain the type of certificate, license or permit for which he is applying.

      2.  A permit may be issued for a period not to exceed 3 months.] An applicant for a certificate or license issued pursuant to this chapter is not required to pass the examination otherwise required by NRS 645C.320 if:

      (a) He holds a certificate or license as an appraiser issued by another state or territory of the United States or the District of Columbia;

      (b) The requirements for the examination for the certificate or license issued in that state or territory of the United States or the District of Columbia are substantially equivalent to the requirements for the examination required by this state for a certificate or license; and


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 814 (Chapter 268, AB 561)ê

 

      (c) The applicant has passed the examination in that state or territory of the United States or the District of Columbia.

      2.  The division shall issue a certificate or license to a person who holds a certificate or license as an appraiser issued by a state or territory of the United States or the District of Columbia if it has entered into a reciprocal agreement with the commission for the issuance of certificates and licenses pursuant to this chapter and the person submits proof to the division that:

      (a) He has been issued a certificate or license by the state or territory of the United States or the District of Columbia; and

      (b) At the time he files his application with the division, the certificate or license is in effect.

      3.  The commission shall not enter into a reciprocal agreement pursuant to subsection 2 unless the provisions relating to the appraisal of real estate, including the requirements for the licensing of appraisers of real estate, in the other state or territory of the United States or District of Columbia are substantially similar to the provisions relating to the appraisal of real estate in this state.

      Sec. 9.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 269, SB 72

Senate Bill No. 72—Committee on Human Resources and Facilities

CHAPTER 269

AN ACT relating to sanitation; authorizing certain additional persons to enforce laws pertaining to the illegal disposal of garbage; and providing other matters properly relating thereto.

 

[Approved June 23, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 444.630 is hereby amended to read as follows:

      444.630  1.  As used in this section, “garbage” includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.

      2.  Every person who willfully places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor and, if the convicted person agrees, he shall be sentenced to perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.

      3.  Except as otherwise provided in NRS 444.585, ownership of garbage does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 815 (Chapter 269, SB 72)ê

 

received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any garbage which is disposed of in violation of subsection 2 creates a reasonable inference that the owner is the person who disposed of the garbage. The fact that the disposal of the garbage was not witnessed does not, in and of itself, preclude the identification of its owner.

      4.  All [health officers, game wardens, police officers of cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada] :

      (a) Health officers and their deputies;

      (b) Game wardens;

      (c) Police officers of cities and towns;

      (d) Sheriffs and their deputies;

      (e) Other peace officers of the State of Nevada; and

      (f) Other persons who are specifically designated by the local government to do so,

shall, within their respective jurisdictions, enforce the provisions of this section.

      5.  A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.

      6.  To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

      (a) Agency of the state or its political subdivisions.

      (b) Employer, public or private.

      (c) Employee organization or trust of any kind.

      (d) Financial institution or other entity which is in the business of providing credit reports.

      (e) Public utility.

Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 2. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 816ê

 

CHAPTER 270, SB 119

Senate Bill No. 119—Committee on Natural Resources

CHAPTER 270

AN ACT relating to wildlife; requiring the board of wildlife commissioners to establish policies regarding the revocation of licenses upon a single violation of certain statutes or regulations; and providing other matters properly relating thereto.

 

[Approved June 23, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 501.181 is hereby amended to read as follows:

      501.181  The commission shall:

      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.

      (b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of [the] this state.

      (c) The promotion of uniformity of laws relating to policy matters.

      2.  Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.

      3.  Establish policies for areas of interest including:

      (a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.

      (b) The control of wildlife depredations.

      (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.

      (d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.

      (e) The control of nonresident hunters.

      (f) The introduction, transplanting or exporting of wildlife.

      (g) Cooperation with federal, state and local agencies on wildlife and boating programs.

      (h) The [hunting, fishing or trapping privileges of] revocation of licenses issued pursuant to this Title to any person who is convicted of [two violations of the provisions] a violation of any provision of this Title [within a 5-year period.] or any regulation adopted pursuant thereto.

      4.  Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:

      (a) Regular and special session for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 817 (Chapter 270, SB 119)ê

 

limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

      (d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.

      5.  Adopt regulations requiring the department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.

      6.  Adopt regulations:

      (a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.

      (b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.

      7.  Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to section 32 of [this act.] Senate Bill No. 114 of this session.

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 271, SB 231

Senate Bill No. 231—Committee on Natural Resources

CHAPTER 271

AN ACT relating to the encouragement of new industry in Nevada; authorizing the public service commission of Nevada to allow retail transmission of additional electricity for certain new recycling businesses; authorizing the commission on economic development to participate in certain proceedings before the public service commission of Nevada; exempting a percentage of the personal property of certain new recycling businesses from property taxes; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  If a business with a new industrial load has been certified by the commission on economic development pursuant to section 4 of this act, the public service commission of Nevada may authorize a public utility that furnishes electricity for the business to purchase or transmit a portion of the electricity provided to the business to reduce the overall cost of the electricity to the business.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 818 (Chapter 271, SB 231)ê

 

to the business. The purchases of electricity may be made by the business with the new industrial load, by agreement between the public utility and the business or by the public utility on behalf of the business, and must be made in accordance with such rates, terms and conditions as are established by the public service commission of Nevada.

      2.  If additional facilities are determined by the affected utility to be required as the result of authorization granted pursuant to subsection 1, the facilities must be constructed, owned and operated by the affected utility. The business must agree as a condition to the authorization granted pursuant to subsection 1 to continue its business in operation in Nevada for 30 years. The agreement must require appropriate security for the reimbursement of the utility for the remaining portion of the value of the facilities which has not been depreciated by the utility and will not be mitigated by use of the facilities for other customers in the event that the business, or its successor in interest, does not remain in operation for 30 years.

      3.  Nothing in this section authorizes the Federal Energy Regulatory Commission to order the purchase or transmittal of electricity in the manner described in subsection 1.

      4.  All of the rules, regulations and statutes pertaining to the public service commission of Nevada and public utilities apply to actions taken pursuant to this section.

      5.  Any authorization granted by the public service commission of Nevada pursuant to this section must include such terms and conditions as the commission determines are necessary to ensure that the rates or charges assessed to other customers of the public utility do not subsidize the cost of providing service to the business.

      Sec. 3.  The commission on economic development may participate in proceedings before the public service commission of Nevada concerning a public utility in the business of supplying electricity or natural gas to advocate the accommodation of the state plan for industrial development and diversification. The commission on economic development may intervene as a matter of right in a proceeding pursuant to NRS 704.736 to 704.755, inclusive.

      Sec. 4.  Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commission on economic development shall certify a business for the benefits provided pursuant to sections 2 and 5 of this act if the commission finds that:

      (a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;

      (b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;

      (c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and

      (d) The economic benefit to the state of approving the certification exceeds the cost to the state.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 819 (Chapter 271, SB 231)ê

 

      2.  The commission on economic development shall certify a business for the benefits provided pursuant to section 5 of this act if the commission finds that:

      (a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;

      (b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;

      (c) Establishing the business will require the business to make a capital investment of $15,000,000 in Nevada; and

      (d) The economic benefit to the state of approving the certification exceeds the cost to the state.

      3.  The commission on economic development may:

      (a) Request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.369 to cover the costs incurred by the commission pursuant to this section and section 3 of this act.

      (b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the commission in investigating and ruling on the application.

      (c) Adopt such regulations as it deems necessary to carry out the provisions of this section.

      Sec. 5.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, if a business obtains certification from the commission on economic development pursuant to section 4 of this act, 75 percent of the personal property of the business is exempt from taxation.

      2.  Before an exemption may be granted pursuant to subsection 1, the business must execute an agreement with the commission on economic development which states that the business will continue in operation in Nevada for 30 or more years after the date on which the exemption is granted. The agreement must bind the successors in interest of the business. The exemption pursuant to this section continues until the expiration of the agreement or until the business discontinues in operation in Nevada, whichever occurs first.

      3.  The exemption provided in this section applies only to the business for which certification was granted pursuant to section 4 of this act and the property used in connection with that business. The exemption does not apply to property in Nevada that is not related to the business for which the certification was granted pursuant to section 4 of this act, or to property in existence and subject to taxation before the certification was granted.

      Sec. 6.  The commission on economic development shall report to the 68th and 69th sessions of the legislature concerning certification granted pursuant to this act and the effect of this act in attracting businesses to Nevada.

      Sec. 7.  This act becomes effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 820ê

 

CHAPTER 272, AB 601

Assembly Bill No. 601—Assemblymen Hettrick, Chowning, Ernaut, Petrak, Heller, Perkins, Bonaventura, Collins, Arberry, de Braga, Kenny, Marvel, Giunchigliani, Toomin, Segerblom, Neighbors, Anderson, Tiffany, McGaughey, Scherer, Schneider, Regan, Carpenter, Gregory, Augustine, Price, Sader, Dini, Gibbons, Humke, Lambert, Bache, Freeman and Evans

CHAPTER 272

AN ACT relating to community antenna television; providing a civil penalty and increased criminal penalty for a willful violation of certain provisions concerning unauthorized interception of the services of a community antenna television company for commercial advantage; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:

      A local government may recover from a person who is convicted of violating subsection 3 of NRS 711.270 a civil penalty of not more than $50,000 for the first violation, and for the second or subsequent violation a civil penalty of not more than $100,000. This penalty is in addition to any other civil or criminal penalty provided in NRS 711.270 or 711.280.

      Sec. 2.  NRS 711.270 is hereby amended to read as follows:

      711.270  1.  Any person who knowingly:

      (a) Makes or maintains a connection or attaches any device to any line or other component of a community antenna television company;

      (b) Purchases or possesses any device; or

      (c) Makes or maintains any modification to any device installed for a community antenna television company,

to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.

      2.  Any person who knowingly and without the authorization of a community antenna television company:

      (a) Imports into this state;

      (b) Distributes; or

      (c) Sells, offers or advertises to sell, or possess with the intent to sell,

any device designed to decode a signal encoded by the community antenna television company is guilty of a misdemeanor.

      3.  Any person who willfully violates subsection 1 or 2 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.

      Sec. 3.  NRS 711.290 is hereby amended to read as follows:

      711.290  A criminal action or proceeding under NRS 711.270 may be commenced at any time within 5 years after the conduct in violation of the section occurs.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 821 (Chapter 272, AB 601)ê

 

section occurs. A civil action or proceeding under NRS 711.280 or section 1 of this act may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later.

 

________

 

 

CHAPTER 273, AB 586

Assembly Bill No. 586—Assemblymen Neighbors, Dini, Marvel, Gibbons, Regan, Carpenter, Petrak, Ernaut, Anderson, Segerblom, Hettrick, Toomin, Heller, Chowning, Collins, Scherer, Lambert, McGaughey, Bache, Bonaventura, Price, Giunchigliani, Evans, Sader, Smith, de Braga, Kenny, Arberry, Bennett, Perkins, Wendell Williams, Humke, Schneider, Garner, Augustine, Spitler, Tiffany, Haller, Myrna Williams, Porter and Gregory

CHAPTER 273

AN ACT relating to employment; revising the provision limiting the number of hours an employee may work in an underground mine; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 608.200 is hereby amended to read as follows:

      608.200  1.  [The] Except as otherwise provided in this section, the period of employment for all persons who are employed, occupied or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in extraction of minerals, whether base or precious metallic or nonmetallic, or who are engaged in such underground mines or underground workings, or who are employed, engaged or occupied in other underground workings of any kind or nature for the purpose of tunneling, making excavations or to accomplish any other purpose or design [shall] must not exceed 8 hours within any 24 hours . [, and the 8 hours shall include the time employed, occupied or consumed from the time or entering the collar of the shaft or portal of the tunnel of any underground mine until returning to the surface from the underground mine, or the time employed, occupied or consumed in leaving the surface of any tunnel, open cut or open pit workings for the point or place of work therein, and returning thereto from such place or point of work.] The 8-hour limit applies only to time actually employed in the mine and does not include time consumed for meals or travel into or out of the actual worksite. It is unlawful for a person or his agent to hire, contract with or cause any person to work for a period longer than the provisions of this section allow.

      2.  In cases of emergency where life or property is in danger, the period may be prolonged during the continuance of [such] the emergency.

      3.  [Nothing contained in this section shall be deemed to] This section does not prevent change in the hours of employment from one part of the day to another at stated periods, nor [to] does it prevent the employment of any of the persons mentioned in this section for more than 8 hours during the day in which a change is made .


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 822 (Chapter 273, AB 586)ê

 

the persons mentioned in this section for more than 8 hours during the day in which a change is made . [; but such] Such a change in the hours of employment [shall] must not occur more than once in any 2 weeks.

      4.  [Nothing contained in this section shall] This section does not preclude a repair or maintenance crew from completing any repair or maintenance work upon which it is engaged at the end of an 8-hour period . [; nor shall an employee be precluded] This section does not preclude an employee from working a subsequent shift or period thereof in the same 24 hours if no qualified employee is available for relief.

      5.  If a majority of the employees whose hours are limited by this section agree to a policy proposed by their employer for periods of work in excess of 8 hours in a 24-hour period, the employer may adopt such a policy. The agreement required for such a policy must be evidenced by the results of an election held during regular working hours using secret ballots. All affected employees who are employed by the employer not later than 24 hours before the voting begins are eligible to cast a ballot.

      6.  Before such an election may be conducted, the employer shall hold informational meetings for the affected employees on each shift during the regular working hours of the affected employees. At each such meeting the employer shall explain the effect of the proposed policy on the hours and compensation of the employees. Written notice of these informational meetings must be posted conspicuously in at least three locations throughout the mine site for at least 7 consecutive days before the date of the meetings. The notice must include the time, date, place and purpose of the meetings. Written notice of the time, date, place and purpose of the election must be posted in the same manner and for the same period. Failure to comply with the procedural requirements of this subsection make the results of the election void for the purposes of this section.

      7.  The limitation set forth in subsection 1 and the other provisions in this section do not apply to employees who are covered by a valid collective bargaining agreement.

      8.  Any person who willfully violates subsection 1 of this section [, or any person, corporation, employer, or his or its agent who hires, contracts with, or causes any person to work in an underground mine or other underground workings for a period of time longer than 8 hours during 1 day, unless life and property shall be in imminent danger, shall be] is guilty of a misdemeanor.

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

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 823ê

 

CHAPTER 274, AB 115

Assembly Bill No. 115—Committee on Natural Resources, Agriculture and Mining

CHAPTER 274

AN ACT relating to hazardous materials; providing immunity from civil liability for certain governmental organizations and private persons in connection with those materials; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “hazardous material” has the meaning ascribed to it in NRS 459.700, and includes the materials so identified and listed in regulations adopted by the director of the department of motor vehicles and public safety pursuant to NRS 459.710 and any other substance which is regulated pursuant to this chapter.

      Sec. 3.  1.  The state emergency response commission, each local emergency planning committee appointed by the commission, and their respective members are immune from liability for the death of or injury to persons, and for injury to property, resulting from the performance of their functions under this chapter and under Public Law 99-499 as that law existed on January 1, 1993.

      2.  Except as limited by sections 4 and 5 of this act, a person who provides equipment, advice or other assistance in mitigating or attempting to mitigate the effects of a discharge of hazardous material, or in preventing, cleaning up, or disposing of such a discharge, or in attempting to prevent, cleanup, or dispose of such a discharge, is immune from liability for the death of or injury to persons, and for injury to property, resulting from those activities.

      Sec. 4.  The immunity provided by subsection 2 of section 3 of this act does not apply to:

      1.  Damages resulting from the person’s gross negligence or his intentional, reckless or wanton misconduct;

      2.  A person:

      (a) Whose act or failure to act was a cause of the discharge; or

      (b) Who receives compensation other than:

             (1) Reimbursement for his actual expenses in voluntarily providing the equipment, advice or other assistance; or

             (2) Compensation from his regular employer for the time during which he is engaged in rendering the assistance or advice.

      Sec. 5.  A person is entitled to immunity under subsection 2 of section 3 of this act only if:

      1.  In the case of one furnishing advice or assistance, he is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his qualifications; and


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 824 (Chapter 274, AB 115)ê

 

      2.  He was requested to provide the equipment, advice or other assistance by:

      (a) The person responsible for the discharge;

      (b) The division of emergency management of the department of the military;

      (c) The division of enforcement for occupational safety and health of the department of industrial relations;

      (d) The division of environmental protection of the state department of conservation and natural resources;

      (e) The Nevada highway patrol division of the department of motor vehicles and public safety;

      (f) The state fire marshal division of the department of commerce;

      (g) The state emergency response commission or a local emergency planning committee appointed by the commission;

      (h) A local fire department; or

      (i) A local agency for law enforcement.

      Sec. 6.  NRS 41.031 is hereby amended to read as follows:

      41.031  1.  The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [and] subsection 4 of this section [,] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [and] subsection 4 of this section [,] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.

      2.  Any action may be brought under this section against the State of Nevada or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon the secretary of state and the person serving in the office of administrative head of the named agency.

      3.  Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.

      4.  The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.

      Sec. 7. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 825ê

 

CHAPTER 275, AB 124

Assembly Bill No. 124—Committee on Natural Resources, Agriculture and Mining

CHAPTER 275

AN ACT relating to emergency management; authorizing the director of the division of emergency management of the department of the military to facilitate the development of a comprehensive, coordinated approach to emergency management; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 414.040 is hereby amended to read as follows:

      414.040  1.  A division of emergency management is hereby created within the department of the military. The director of the division is appointed by and holds office at the pleasure of the governor. The division is the state agency for civil defense and the director is the state’s director of civil defense.

      2.  The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

      3.  The director, subject to the direction and control of the adjutant general, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the adjutant general.

      4.  To facilitate the development of a comprehensive, coordinated approach to emergency management, the director may develop an integrated process, using the partnership of governmental entities, business and industry and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies. In developing this process, he may suggest activities designed to:

      (a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;

      (b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency occurs by fostering the adoption of plans for emergency operations, the training of necessary personnel and the acquisition of necessary resources;

      (c) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and

      (d) Restore the operation of vital community life-support systems and return persons and property affected by an emergency to a condition that is comparable to what existed before the emergency occurred.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 826ê

 

CHAPTER 276, AB 202

Assembly Bill No. 202—Assemblymen Price, Dini, Arberry, Bennett, Scherer, Spitler, Myrna Williams, Chowning, Smith, Freeman, Anderson, Haller, Lambert, Bache, Garner, Toomin, Wendell Williams, Collins, de Braga, Regan, Perkins, Petrak, Hettrick, Augustine, Segerblom, Ernaut, Carpenter, Schneider, Neighbors, Evans, Sader, Tiffany, Gregory, McGaughey, Kenny, Marvel, Giunchigliani, Porter, Heller, Humke, Gibbons and Bonaventura

CHAPTER 276

AN ACT relating to the legislature; requiring the disclosure of the name of the legislator or organization on whose behalf a request for the preparation of a legislative measure was requested if the request was made by a special or standing committee of the legislature; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.2475 is hereby amended to read as follows:

      218.2475  1.  On July 1 preceding each regular session of the legislature, and each week thereafter until the adjournment of the legislature sine die, the legislative counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the legislative counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in subsection 3, the list must only contain the name of each requester, the date and a brief summary of the request.

      2.  The legislative counsel bureau shall make copies of the list available to the public for a reasonable sum fixed by the legislative commission upon the recommendation of the director of the legislative counsel bureau.

      3.  In preparing the list, the legislative counsel shall [not] :

      (a) Not include the name of the legislator who has requested the preparation of a measure until:

      [(a)](1) The particular measure is introduced in the legislature; or

      [(b)](2) The legislator requests that his name be disclosed as the requester of the measure,

whichever occurs first.

      (b) If a standing or special committee of the legislature requests a measure on behalf of a legislator or organization, include the name of the standing or special committee and the name of the legislator or organization on whose behalf the measure was originally requested.

      Sec. 2.  NRS 218.2477 is hereby amended to read as follows:

      218.2477  [The legislative counsel shall, upon request, disclose the name of the legislator who has requested the preparation of a measure through a standing or special committee of the legislature if:

      1.  The measure is introduced in the legislature; or

      2.  The legislator requests that his name be disclosed as the requester of the measure.] If a standing or special committee of the legislature requests the preparation of a measure on behalf of a legislator or an organization, the measure must indicate the name of the standing or special committee and the legislator or organization on whose behalf the measure was originally requested.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 827 (Chapter 276, AB 202)ê

 

measure must indicate the name of the standing or special committee and the legislator or organization on whose behalf the measure was originally requested.

 

________

 

 

CHAPTER 277, AB 486

Assembly Bill No. 486—Committee on Judiciary

CHAPTER 277

AN ACT relating to bail; eliminating an exception to the requirement that a court exonerate an obligor and release bail upon the sentencing of a defendant; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 178.522 is hereby amended to read as follows:

      178.522  1.  When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. The court shall exonerate the obligors and release any bail at the time of sentencing the defendant, if the court has not previously done so unless the [:

      (a) Court orders the defendant to appear in court after his sentencing; or

      (b) Money] money deposited by the defendant as bail must be applied to satisfy a judgment pursuant to NRS 178.528.

      2.  A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.

 

________

 

 

CHAPTER 278, AB 582

Assembly Bill No. 582—Assemblyman Carpenter

CHAPTER 278

AN ACT relating to manufactured housing; authorizing the manufactured housing division of the department of commerce to provide by regulation for the limited licensure of servicemen; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The administrator may adopt regulations which provide for the creation of a subclass of licensure for servicemen. A person licensed as a limited serviceman pursuant to this section must be limited in the scope of the work he may perform to installation or repair in one of the following categories:


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 828 (Chapter 278, AB 582)ê

 

      (a) Awnings, roofing or skirting;

      (b) Plumbing; or

      (c) Heating or electrical systems.

      2.  The administrator shall provide in such a regulation for:

      (a) The imposition of reasonable fees for application, examination and licensure.

      (b) The creation and administration of a written or oral examination for each category of limited licensure.

      (c) Minimum qualifications for such a license, including the passage of the application examination.

      3.  A person who is licensed as a limited serviceman shall comply with each statute and regulation which applies to servicemen, including the required payment of a fee pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

 

________

 

 

CHAPTER 279, AB 621

Assembly Bill No. 621—Assemblyman Carpenter

CHAPTER 279

AN ACT relating to criminal procedure; deleting certain statutory provisions governing a recommendation for punishment agreed upon by a defendant and the district attorney with a plea of guilty or nolo contendere to certain offenses; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 174.065 is hereby amended to read as follows:

      174.065  Except as otherwise provided in NRS 174.061:

      1.  On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.

      2.  On a plea of guilty to an indictment or information for murder of the first degree, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.

      [3.  On a plea of guilty or nolo contendere to another offense, the defendant and the district attorney may agree to recommend an appropriate punishment. The court may defer its decision upon the recommendation until it has considered the presentence report. If the court accepts the recommendation, it shall impose the specified punishment or a lesser punishment.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 829 (Chapter 279, AB 621)ê

 

shall impose the specified punishment or a lesser punishment. If the court rejects the recommendation, the defendant may withdraw the plea.]

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

 

________

 

 

CHAPTER 280, AB 626

Assembly Bill No. 626—Committee on Judiciary

CHAPTER 280

AN ACT relating to gaming; making various changes to the statutes regulating gaming to accommodate the use of a cashless wagering system; defining “manufacturer” for the purposes of such statutes; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Cashless wagering system” means a method of wagering and accounting in which the validity and value of a wagering instrument are determined, monitored and retained by a computer which maintains a record of each transaction involving the wagering instrument itself, exclusive of the game or gaming device on which wagers are being made.

      Sec. 3.  “Manufacturer” means a person who:

      1.  Manufactures, assembles, programs or makes modifications to a gaming device or cashless wagering system; or

      2.  Designs, controls the design or assembly or maintains a copyright over the design of a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device or in a cashless wagering system, for use or play in this state or for distribution outside of this state.

      Sec. 4.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 463.650 is hereby amended to read as follows:

      463.650  1.  Except as otherwise provided in subsections 2, 3 and 4, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device or cashless wagering system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

      2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 830 (Chapter 280, AB 626)ê

 

      3.  The holder of a state gaming license or the holding company of a corporate licensee may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

      4.  The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with subsection 3 of NRS 463.160 to sell such devices without procuring a license therefor.

      5.  Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

      6.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

      7.  The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.

      8.  As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

      Sec. 6.  NRS 465.015 is hereby amended to read as follows:

      465.015  As used in this chapter:

      1.  “Cheat” means to alter the [selection of] elements of chance, method of selection or criteria which determine:

      (a) The result of a game; [or]

      (b) The amount or frequency of payment in a game [.] ; or

      (c) The value of a wagering instrument approved by the state gaming control board for use in connection with a cashless wagering system.

      2.  The words and terms defined in chapter 463 of NRS have the meanings ascribed to them in that chapter.

      Sec. 7.  NRS 465.080 is hereby amended to read as follows:

      465.080  1.  It is unlawful for any licensee, employee or other person to use counterfeit chips or other counterfeit wagering instruments in a gambling game.

      2.  It is unlawful for any person, in playing or using any gambling game designed to be played with, receive or be operated by chips , [or] tokens or other wagering instruments approved by the state gaming control board or by lawful coin of the United States of America:

      (a) Knowingly to use other than chips , [or] tokens or other wagering instruments approved by the state gaming control board or lawful coin, legal tender of the United States of American, or to use coin not of the same denomination as the coin intended to be used in that gambling game; or

      (b) To use any device or means to violate the provisions of this chapter.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 831 (Chapter 280, AB 626)ê

 

      3.  It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any device intended to be used to violate the provisions of this chapter.

      4.  It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, cashless wagering system or drop box, or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.

      5.  It is unlawful for any person to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, “paraphernalia for manufacturing slugs” means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips , [or] tokens or other wagering instruments approved by the state gaming control board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection 2. The term includes, but is not limited to:

      (a) Lead or lead alloys:

      (b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;

      (c) Melting pots or other receptacles;

      (d) Torches; [and]

      (e) Tongs, trimming tools or other similar equipment [.] ;

      (f) Equipment which can be reasonably demonstrated to manufacture facsimiles of wagering instruments approved by the state gaming control board.

      6.  Possession of more than one of the devices, equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.

      Sec. 8.  Section 15 of Senate Bill No. 242 of this session is hereby amended to read as follows:

       Sec. 15.  NRS 463.650 is hereby amended to read as follows:

       463.650  1.  Except as otherwise provided in subsections 2 [, 3 and 4,] to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device or cashless wagering system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

       2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

       3.  The holder of a state gaming license or the holding company of a corporate licensee may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor’s license.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 832 (Chapter 280, AB 626)ê

 

machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

       4.  The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with subsection 3 of NRS 463.160 to sell such devices without procuring a license therefor.

       5.  Upon approval by the board, a gaming device owned by:

       (a) A law enforcement agency;

       (b) A court of law; or

       (c) A gaming device repair school licensed by the commission on postsecondary education,

may be disposed of by sale, in a manner approved by the board, without a distributor’s license. An application for approval must be submitted to the board in the manner prescribed by the chairman.

       6.  Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

       [6.]7.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

       [7.]8.  The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.

       [8.]9.  As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

      Sec. 9.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 281, SB 309

Senate Bill No. 309—Committee on Government Affairs

CHAPTER 281

AN ACT relating to economic development; allowing less populous counties to include community development and the development of the nongaming recreation and tourism industry in their economic development efforts; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 231.067 is hereby amended to read as follows:

      231.067  The commission on economic development shall:


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 833 (Chapter 281, SB 309)ê

 

      1.  Develop a state plan for industrial development and diversification.

      2.  Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism [.] , except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

      3.  Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.

      4.  Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

      5.  Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.

      6.  Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism [.] , except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

      7.  Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.

      8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

      9.  Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 834ê

 

CHAPTER 282, SB 311

Senate Bill No. 311—Committee on Human Resources and Facilities

CHAPTER 282

AN ACT relating to hospitals; clarifying that a private hospital may provide for the examination of persons who are alleged to be mentally ill; eliminating the requirement that a county hospital provide a room for the detention of such persons; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 450.470 is hereby amended to read as follows:

      450.470  1.  If the county hospital is located at the county seat, the board of hospital trustees shall, at all times, provide a suitable room that may be used for the [detention and] examination of persons who are alleged to be mentally ill and who are to be brought before the judge of the district court for proceedings to determine the issue of involuntary court-ordered admission as provided in chapter 433A of NRS. This section does not prohibit or limit the examination of persons alleged to be mentally ill at a private hospital as provided in chapter 433A of NRS.

      2.  The board of trustees of such a county hospital, in cooperation with the local law enforcement agencies, may provide a suitable room that may be used for the custodial supervision of persons who are alleged to be:

      (a) Mentally ill; or

      (b) Dangerous to themselves or others.

 

________

 

 

CHAPTER 283, SB 363

Senate Bill No. 363—Committee on Natural Resources

CHAPTER 283

AN ACT relating to the control of floods; revising the requirements for the approval by the board of directors of a district for the control of floods of certain projects, improvements and proposals relating to the control of floods; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 543.360 is hereby amended to read as follows:

      543.360  The board may:

      1.  By the affirmative vote of two-thirds of [its members,] the members voting on the matter, acquire, construct, improve, extend, maintain and operate:

      (a) Projects and improvements for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district but flow into the district. Such a project or improvement must not be acquired unless it is included in the master plan.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 835 (Chapter 283, SB 363)ê

 

      (b) Projects which mitigate the adverse effect of the acquired projects.

      (c) Projects which are required as a result of the proposed alteration or diversion of a natural watercourse identified in the master plan for the control of drainage.

[Unless unanimously approved by the board and the governing body of the local government in whose jurisdiction the project or improvement is located, a] A project or improvement must not be acquired unless it is first approved by an agreement among the board, each county in whose unincorporated area any part of the project or improvement is located and [all the cities all or part of whose territory is included in the hydrographic area which specifically identifies it, contains] each city in which any part of the project or improvement is located. The agreement must contain an estimate of [its cost, and shows] the cost of the project or improvement and show its relation to the master plan.

      2.  Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing them to percolate into the soil within or without the district.

      3.  Save and conserve in any manner all or any of such waters and protect from floods or storm waters the watercourses, watersheds, public highways, life and property in the district.

      4.  Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.

      5.  Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.

      Sec. 2.  NRS 543.597 is hereby amended to read as follows:

      543.597  1.  The district’s chief engineer or any governmental entity may propose to:

      (a) Change the size, type or alignment of a facility on the district’s master plan; or

      (b) Amend the district’s master plan. A proposed amendment must be submitted to the district.

      2.  Upon receipt of a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of [its members,] the members voting on the proposed change, the board may adopt any proposed change which:

      (a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

      (b) Is hydraulically similar to a proposed facility included in the master plan;

      (c) Is the most cost-effective structural or regulatory means of controlling flood waters of the district; and

      (d) Does not adversely affect the continued implementation of the master plan.

      3.  Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposed amendment is determined to be generally consistent with those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 836 (Chapter 283, SB 363)ê

 

hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two- thirds of the members of the board.

      4.  The board shall file a copy of any amendment or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment or change.

      5.  Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

      6.  If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.

 

________

 

 

CHAPTER 284, SB 441

Senate Bill No. 441—Committee on Commerce and Labor

CHAPTER 284

AN ACT relating to public utilities; declaring the policy of the legislature concerning the regulation of public utilities; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:

      1.  To confer upon the commission the power, and to make it the duty of the commission, to regulate public utilities;

      2.  To provide for fair and impartial regulation of public utilities;

      3.  To provide for the safe, economic, efficient, prudent and reliable operation and service of public utilities; and

      4.  To balance the interests of customers and shareholders of public utilities by providing public utilities with the opportunity to earn a fair return on their investments while providing customers with just and reasonable rates.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 837ê

 

CHAPTER 285, SB 442

Senate Bill No. 442—Committee on Natural Resources

CHAPTER 285

AN ACT relating to hazardous substances; clarifying that the transportation of certain hazardous substances, not the substances themselves, is exempt from certain provisions; and providing other matters properly relating thereto.

 

[Approved June 24, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 459.3814 is hereby amended to read as follows:

      459.3814  The provisions of NRS 459.380 to 459.3874, inclusive, do not apply to:

      1.  [Any] The transportation of any hazardous substances [transported] within or through this state which [are] is regulated by the state or the United States Department of Transportation.

      2.  Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.

      3.  Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. §§ 7401 et seq.

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

 

________

 

 

CHAPTER 286, AB 122

Assembly Bill No. 122—Committee on Natural Resources, Agriculture and Mining

CHAPTER 286

AN ACT relating to hazardous material; expanding the costs for which money may be expended and recovered regarding the response to an accident involving hazardous material; providing for notification of the legislature when certain of those costs cannot be recovered; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the account for the management of hazardous waste may be expended to pay the costs of:

      (a) Responding to the leak, spill or accident;


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 838 (Chapter 286, AB 122)ê

 

      (b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill or accident;

      (c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of the leak, spill or accident;

      (d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

      (e) Services rendered in responding to the leak, spill or accident, by consultants certified pursuant to regulations adopted by the commission.

      2.  Except as otherwise provided in this subsection, the director shall demand reimbursement of the account for money expended pursuant to subsection 1 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

      3.  At the request of the director, the attorney general shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.

      4.  As used in this section:

      (a) “Does not act promptly and appropriately” means that the person:

             (1) Cannot be notified of the incident within 2 hours after the initial attempt to contact him;

             (2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

             (3) Does not act upon the commitment within 24 hours after making it;

             (4) Does not clean and decontaminate the affected area properly; or

             (5) Does not act immediately to clean and decontaminate the affected area properly, if his inaction presents an imminent and substantial hazard to human health, public safety or the environment.

      (b) “Responding” means any effort to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

             (1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.

             (2) Clean and decontaminate the area affected by the leak, spill or accident.

             (3) Investigate the occurrence of the leak, spill or accident.

      Sec. 3.  As used in NRS 459.750 to 459.770, inclusive:

      1.  “Does not act promptly and appropriately” means that the person:

      (a) Cannot be notified of the incident within 2 hours after the initial attempt to contact him;


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 839 (Chapter 286, AB 122)ê

 

      (b) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

      (c) Does not act upon the commitment within 24 hours after making it;

      (d) Does not clean and decontaminate the affected area properly; or

      (e) Does not act immediately to clean and decontaminate the affected area properly, if his inaction presents an imminent and substantial hazard to human health, public safety or the environment.

      2.  “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a spill of or accident involving hazardous material, including, without limitation, efforts to:

      (a) Contain and dispose of the hazardous material.

      (b) Clean and decontaminate the area affected by the spill or accident.

      (c) Investigate the occurrence of the spill or accident.

      Sec. 4.  NRS 459.530 is hereby amended to read as follows:

      459.530  1.  All proceeds from agreements entered into pursuant to NRS 459.505, all reimbursements and penalties recovered pursuant to [NRS 459.535,] section 2 of this act, and all fees collected, all civil penalties imposed and all interest accrued pursuant to NRS 459.400 to 459.600, inclusive, and section 2 of this act, must be deposited with the state treasurer for credit to the account for the management of hazardous waste, which is hereby created in the state general fund. The money in the account must be paid as other claims against the state are paid.

      2.  The state treasurer shall account separately for each of the fees collected pursuant to NRS 459.512.

      Sec. 5.  NRS 459.535 is hereby amended to read as follows:

      459.535  1.  Except as otherwise provided in [subsections 2 and 3,] section 2 of this act and subsection 2 of this section, the money in the account for the management of hazardous waste may be expended only to pay the costs of:

      (a) The continuing observation or other management of hazardous waste;

      (b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance;

      (c) Training persons to respond to accidents or other emergencies related to hazardous materials, including any basic training by the state fire marshal which is necessary to prepare personnel for advanced training related to hazardous materials;

      (d) Establishing and maintaining a program by the public service commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the state; and

      (e) Financial incentives and grants made in furtherance of the program developed pursuant to paragraph (c) of subsection 2 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.

      2.  Money in the account for the management of hazardous waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive.


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ê1993 Statutes of Nevada, Page 840 (Chapter 286, AB 122)ê

 

      [3.  If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the account may be expended to pay the costs of:

      (a) Responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

      (b) Coordinating the efforts of state, local and federal agencies responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

      (c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

      (d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

      (e) Services rendered in response to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, by consultants certified pursuant to regulations adopted by the commission.

      4.  The director shall demand reimbursement of the account for money expended pursuant to subsection 3 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.

      5.  At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.]

      Sec. 6.  NRS 459.575 is hereby amended to read as follows:

      459.575  In carrying out the provisions of NRS 459.400 to 459.560, inclusive, and section 2 of this act, the commission, the department and the attorney general may by subpena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

      Sec. 7.  NRS 459.700 is hereby amended to read as follows:

      459.700  As used in NRS 459.700 to 459.780, inclusive, section 1 of Assembly Bill No. 126 of this session , [and] section 1 of [this act,] Assembly Bill No. 117 of this session and section 3 of this act, unless the context otherwise requires:

      1.  “Commission” means the state emergency response commission.

      2.  “Department” means the department of motor vehicles and public safety.

      3.  “Director” means the director of the department of motor vehicles and public safety.

      4.  “Division” means the Nevada highway patrol division of the department of motor vehicles and public safety.


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ê1993 Statutes of Nevada, Page 841 (Chapter 286, AB 122)ê

 

      5.  “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.

      6.  “Hazardous material” means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:

      (a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and

      (b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:

             (1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

             (2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,

including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

      7.  “Person” includes any agency or political subdivision of this state.

      Sec. 8.  NRS 459.760 is hereby amended to read as follows:

      459.760  1.  [Any] Except as otherwise provided in this subsection, any state agency accruing expenses [for the cleaning and decontamination of the area affected by] in responding to a spill of or an accident involving hazardous material may present an itemized accounting of those expenses with a demand for reimbursement of those expenses to the person responsible for the hazardous material. Payment of the reimbursement must be made within 60 days after the person receives notice from the agency of the amount due. The [agency shall impose an administrative penalty of 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.] provisions of this section do not apply to a spill of or an accident involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

      2.  If the state agency cannot recover the full amount of reimbursement from the person responsible, it may report to the commission its need for additional funding. The commission shall notify the senate standing committee on finance and the assembly standing committee on ways and means during a regular or special session of the legislature, or the interim finance committee if the legislature is not in session, of the state agency’s need for additional funding.

      3.  At the request of the state agency, and at any time after the payment for reimbursement is due, the attorney general shall initiate recovery by legal action of the amount of any unpaid reimbursement [and penalty.] plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.

      Sec. 9.  NRS 459.770 is hereby amended to read as follows:

      459.770  Any county or city in this state may adopt an ordinance authorizing its legal representative to initiate recovery by legal action from the person responsible for any hazardous material involved in a spill or accident of the amount of any costs incurred by the county or city [for the cleaning and decontamination of an area affected by the] in responding to the spill of or accident involving hazardous material.


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ê1993 Statutes of Nevada, Page 842 (Chapter 286, AB 122)ê

 

      Sec. 10.  Section 2 of Assembly Bill No. 117 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 459.700 is hereby amended to read as follows:

       459.700  As used in NRS 459.700 to 459.780, inclusive, [and] section 1 of [this act,] Assembly Bill No. 126 of this session and section 1 of this act, unless the context otherwise requires:

       1.  “Commission” means the state emergency response commission.

       2.  “Department” means the department of motor vehicles and public safety.

       3.  “Director” means the director of the department of motor vehicles and public safety.

       4.  “Division” means the Nevada highway patrol division of the department of motor vehicles and public safety.

       5.  “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.

       6.  “Hazardous material” means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:

       (a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and

       (b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:

             (1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

             (2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,

including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

       7.  “Person” includes any agency or political subdivision of this state.

      Sec. 11.  1.  This section and section 10 of this act become effective upon passage and approval.

      2.  Sections 1 to 6, inclusive, 8 and 9 of this act become effective on October 1, 1993.

      3.  Section 7 of this act becomes effective at 12:02 a.m. on October 1, 1993.

 

________

 

 


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ê1993 Statutes of Nevada, Page 843ê

 

CHAPTER 287, SB 89

Senate Bill No. 89—Committee on Judiciary

CHAPTER 287

AN ACT relating to peace officers; conferring the powers of peace officers upon certain employees of the mental hygiene and mental retardation division of the department of human resources; providing for their training; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

      Forensic technicians and correctional officers employed by the division at facilities for mentally disordered offenders have the powers of peace officers when performing duties prescribed by the administrator.

      Sec. 2.  NRS 481.054 is hereby amended to read as follows:

      481.054  The following officers and employees of state and local government must be certified by the committee:

      1.  The bailiff of the supreme court;

      2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

      3.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

      4.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

      5.  Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

      6.  Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;

      7.  Marshals, policemen and correctional officers of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

      10.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      11.  Members of the police department of the University of Nevada System;

      12.  The assistant and deputies of the state fire marshal;

      13.  The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;

      14.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

      15.  The superintendents and correctional officers of the department of prisons;

      16.  Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;


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ê1993 Statutes of Nevada, Page 844 (Chapter 287, SB 89)ê

 

      17.  School police officers employed by the board of trustees of any county school district;

      18.  Agents of the state gaming control board who:

      (a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or

      (b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,

except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      19.  The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;

      20.  Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;

      21.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;

      22.  The personnel of the department of wildlife who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS;

      23.  Legislative police officers of the State of Nevada;

      24.  Police officers of the buildings and grounds division of the department of general services;

      25.  Parole counselors of the division of child and family services of the department of human resources;

      26.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      27.  Field investigators of the taxicab authority; [and]

      28.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests [.] ; and

      29.  Forensic technicians and correctional officers employed in the program for mentally disordered offenders of the mental hygiene and mental retardation division of the department of human resources.

 

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ê1993 Statutes of Nevada, Page 845ê

 

CHAPTER 288, AB 123

Assembly Bill No. 123—Committee on Natural Resources, Agriculture and Mining

CHAPTER 288

AN ACT relating to hazardous materials; repealing the duplicative authority of the public service commission of Nevada to issue permits for the transportation of radioactive waste; requiring the Nevada highway patrol division of the department of motor vehicles and public safety to issue such permits with the approval of the commission; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  “Commission” means the state emergency response commission.

      Sec. 3.  “Common motor carrier of property” has the meaning ascribed to it in NRS 706.046.

      Sec. 4.  “Contract motor carrier” has the meaning ascribed to it in NRS 706.051.

      Sec. 5.  “Department” means the department of motor vehicles and public safety.

      Sec. 6.  “Director” means the director of the department of motor vehicles and public safety.

      Sec. 7.  “Division” means the Nevada highway patrol division of the department of motor vehicles and public safety.

      Sec. 8.  “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.

      Sec. 9.  “Hazardous material” means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:

      1.  Is identified as hazardous by the regulation agency as a result of studies undertaken to identify hazardous materials or wastes; and

      2.  Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:

      (a) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

      (b) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,

including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

      Sec. 10.  “Person” includes any agency or political subdivision of this state.

      Sec. 11.  “Private motor carrier of property” has the meaning ascribed to it in NRS 706.111.

      Sec. 12.  1.  The division shall not issue to any common, contract or private motor carrier of property who is seeking to transport radioactive waste upon the highways of this state a permit required pursuant to NRS 459.705 without first obtaining the approval of the public service commission of Nevada.


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ê1993 Statutes of Nevada, Page 846 (Chapter 288, AB 123)ê

 

without first obtaining the approval of the public service commission of Nevada.

      2.  The public service commission of Nevada shall not approve the issuance of such a permit unless it determines that the carrier transporting the waste complies and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transport of radioactive waste and the safety of drivers and vehicles.

      3.  The division shall revoke a permit to transport radioactive waste issued pursuant to NRS 459.705 if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.

      4.  The division shall notify the public service commission of Nevada upon receiving information that, while transporting radioactive waste, a carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles. Upon being notified, the public service commission of Nevada may:

      (a) Revoke a certificate issued pursuant to chapter 706 of NRS; or

      (b) In the case of a carrier whose certificate is issued by the Interstate Commerce Commission, file a complaint with that commission.

      Sec. 13.  1.  A common, contract or private motor carrier of property who is transporting radioactive waste shall reject any package containing the waste which is tendered to him for transport in this state if the package:

      (a) Is leaking or spilling its contents;

      (b) Does not bear a required shipping label; or

      (c) Is not accompanied by a bill of lading or other shipping document in a form prescribed by the regulations of the state board of health.

      2.  A carrier who accepts radioactive waste for transport in this state is liable for any package in his custody which leaks or spills its contents, does not bear the required shipping label or is not accompanied by the required shipping documents, unless, in the case of a leak or spill of the waste and by way of affirmative defense, the carrier proves that he did not and could not know of the leak when he accepted the package for transport.

      Sec. 14  NRS 459.250 is hereby amended to read as follows:

      459.250  1.  Peace officers of the public service commission of Nevada and the Nevada highway patrol shall enforce those provisions of NRS 459.221 and [706.441] sections 12 and 13 of this act which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the state board of health.

      2.  The peace officer may:

      (a) Impound a vehicle with unsafe equipment; or

      (b) Detain a vehicle, if any waste has leaked or spilled from its package or if he has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the health division of the department of human resources, pending remedial action by that division.


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ê1993 Statutes of Nevada, Page 847 (Chapter 288, AB 123)ê

 

      3.  After a vehicle has been so detained, an officer designated by the health division of the department of human resources may order:

      (a) The vehicle to be impounded;

      (b) The leaked or spilled waste to be cleaned up;

      (c) The contents of any unsafe or leaking package to be repackaged; or

      (d) Any other appropriate precaution or remedy,

at the expense of the shipper or broker, carrier or other person who is responsible as determined by the health division of the department of human resources.

      Sec. 15.  NRS 459.428 is hereby amended to read as follows:

      459.428  “Hazardous material” has the meaning ascribed to it in [NRS 459.700,] section 9 of this act, and includes the materials so identified and listed in regulations adopted by the director of the department of motor vehicles and public safety pursuant to NRS 459.710.

      Sec. 16.  NRS 459.490 is hereby amended to read as follows:

      459.490  Regulations adopted by the commission pursuant to NRS 459.485 must be based upon studies, guidelines and regulations of the Federal Government and must:

      1.  Set out mechanisms for determining whether any waste is hazardous;

      2.  Govern combinations of wastes which are not compatible and may not be stored, treated or disposed of together;

      3.  Govern generation, storage, treatment and disposal of hazardous waste;

      4.  Govern operation and maintenance of facilities for the treatment, storage and disposal of hazardous waste, including the qualifications and requirements for ownership, continuity of operation, closure and care after closing;

      5.  Provide standards for location, design and construction of facilities for treatment, storage and disposal of hazardous waste;

      6.  Except as otherwise provided in NRS 459.700 to 459.780, inclusive, and sections 2 to 13, inclusive, of this act, govern the transportation, packing and labeling of hazardous waste in a manner consistent with regulations issued by the United States Department of Transportation relating to hazardous waste;

      7.  Provide procedures and requirements for the use of a manifest for each shipment of hazardous waste. The procedures and requirements must be applied equally to those persons who transport hazardous waste generated by others and those who transport hazardous waste which they have generated themselves; and

      8.  Take into account climatic and geologic variations and other factors relevant to the management of hazardous waste.

      Sec. 17.  NRS 459.500 is hereby amended to read as follows:

      459.500  1.  Except as otherwise provided in NRS 459.700 to 459.780, inclusive, and sections 2 to 13, inclusive, of this act, or 459.800 to 459.856, inclusive:

      (a) Regulations of the commission must provide:

             (1) For safety in packaging, handling, transportation and disposal of hazardous waste, including safety of vehicles and drivers;

             (2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste; and

 


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ê1993 Statutes of Nevada, Page 848 (Chapter 288, AB 123)ê

 

up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste; and

             (3) That a person employed full time by a business to act as such a consultant is exempt from the requirements of certification:

             (I) If he is certified by the federal Occupational Safety and Health Administration to manage such waste, materials or substances; and

             (II) While acting in the course of that full-time employment.

      (b) Regulations of the commission may:

             (1) Provide for the licensing and other necessary regulation of generators, including shippers, brokers and carriers, both intrastate and interstate, who cause that waste to be transported into or through Nevada or for disposal in Nevada;

             (2) Require that the person responsible for a spill, leak or accident involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak or accident from a consultant certified under the regulations adopted pursuant to subsection 1; and

             (3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.

      2.  The regulations may include provisions for:

      (a) Fees to pay the cost of inspection, certification and other regulation; and

      (b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the department.

      3.  Designated employees of the department, the public service commission of Nevada and the Nevada highway patrol shall enforce the regulations of the commission relating to the transport and handling of hazardous waste, as they affect the safety of drivers and vehicles and the leakage or spill of that waste from packages.

      Sec. 18.  NRS 459.700 is hereby amended to read as follows:

      459.700  As used in NRS 459.700 to 459.780, inclusive, section 1 of Assembly Bill No. 126 of this session , [and] section 1 of [this act,] Assembly Bill No. 117 of this session and sections 2 to 13, inclusive, of this act, unless the context otherwise requires [:

      1.  “Commission” means the state emergency response commission.

      2.  “Department” means the department of motor vehicles and public safety.

      3.  “Director” means the director of the department of motor vehicles and public safety.

      4.  “Division” means the Nevada highway patrol division of the department of motor vehicles and public safety.

      5.  “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.

      6.  “Hazardous material” means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:


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ê1993 Statutes of Nevada, Page 849 (Chapter 288, AB 123)ê

 

      (a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and

      (b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:

             (1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

             (2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,

including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

      7.  “Person” includes any agency or political subdivision of this state.] , the words and terms defined in sections 2 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 19.  NRS 459.705 is hereby amended to read as follows:

      459.705  1.  Every person who transports in a motor vehicle upon the highways of this state hazardous materials which are required to be placarded in accordance with federal law shall, pursuant to regulations of the department:

      (a) Obtain from the division a permit to transport the hazardous materials.

      (b) Submit each motor vehicle used to transport the hazardous materials for an inspection pursuant to the regulations of the department as to the safety of the vehicle to transport hazardous materials.

      2.  The department shall adopt regulations concerning such permits. The regulations may require that the permit or a legible copy of the permit be carried in the driver’s compartment of the motor vehicle at all times while the vehicle is used to transport hazardous materials.

      3.  In addition to complying with the provisions of this section and any regulations adopted pursuant thereto, the division shall comply with the provisions of sections 12 and 13 of this act if an application is submitted for a permit to transport radioactive waste.

      Sec. 20.  NRS 459.710 is hereby amended to read as follows:

      459.710  1.  The director shall adopt regulations providing for the:

      (a) Granting, renewal, modification, suspension, revocation and denial of permits for motor vehicles which transport hazardous materials.

      (b) Inspection of motor vehicles which transport hazardous materials on the highways of this state.

      (c) Identification and listing of hazardous materials.

      2.  The regulations adopted pursuant to subsection 1 must include provisions for fees to pay the cost of inspection, issuing a permit and other regulation. All such fees adopted must be set to approximate the cost of providing the service for which the fee is charged. Except as otherwise provided in subsection 3, money received by the division from the fees must be deposited with the state treasurer for credit to the state highway fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. Money received pursuant to this section must only be used for carrying out the provisions of NRS 459.700 to 459.725, inclusive [.] , and sections 2 to 13, inclusive, of this act.


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ê1993 Statutes of Nevada, Page 850 (Chapter 288, AB 123)ê

 

      3.  The division shall deposit 20 percent of the money collected from fees imposed pursuant to this section with the state treasurer for credit to the contingency account for hazardous materials.

      4.  The division shall issue an identifying device to each motor vehicle transporting hazardous materials upon receipt of the appropriate application and fee and the satisfactory completion of the inspection for safety.

      Sec. 21.  NRS 459.725 is hereby amended to read as follows:

      459.725  1.  The director is responsible for administering the provisions of NRS 459.700 to 459.725, inclusive, and sections 2 to 13, inclusive, of this act, and may adopt regulations for that purpose.

      2.  The director shall adopt regulations:

      (a) For the security of the repository for information concerning hazardous materials in Nevada so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

      (b) Prescribing the manner in which information concerning hazardous materials is submitted to the division by state and local governmental agencies.

      Sec. 22.  NRS 52.500 is hereby amended to read as follows:

      52.500  1.  Photographs, samples and writings describing the measurements, including actual net weight or estimated net weight, of hazardous waste or a hazardous material are admissible in evidence in lieu of the waste or material in any criminal or civil proceeding if they are authenticated.

      2.  As used in this section:

      (a) “Hazardous material” has the meaning ascribed to it in [NRS 459.700.] section 9 of this act.

      (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.

      Sec. 23.  NRS 484.779 is hereby amended to read as follows:

      484.779  1.  Except as otherwise provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:

      (a) Regulating or prohibiting processions or assemblages on the highways.

      (b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

      (c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.

      (d) Designating truck and bicycle routes.

      (e) Adopting such other traffic regulations related to specific highways as are expressly authorized by this chapter.

      2.  An ordinance relating to traffic control enacted under this section is not effective until official [traffic-control] devices for traffic control giving notice of those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as is most appropriate.

      3.  An ordinance enacted under this section is not effective with respect to:

      (a) Highways constructed and maintained by the department of transportation under the authority granted by chapter 408 of NRS; or


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ê1993 Statutes of Nevada, Page 851 (Chapter 288, AB 123)ê

 

      (b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,

until the ordinance has been approved by the board of directors of the department of transportation.

      4.  As used in this section, “hazardous material” has the meaning ascribed to it in [NRS 459.700.] section 9 of this act.

      Sec. 24.  NRS 706.074 is hereby amended to read as follows:

      706.074  “Hazardous material” has the meaning ascribed to it in [NRS 459.700.] section 9 of this act.

      Sec. 25.  Section 2 of Assembly Bill No. 117 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 459.700 is hereby amended to read as follows:

       459.700  As used in NRS 459.700 to 459.780, inclusive, [and] section 1 of [this act,] Assembly Bill No. 126 of this session and section 1 of this act, unless the context otherwise requires:

       1.  “Commission” means the state emergency response commission.

       2.  “Department” means the department of motor vehicles and public safety.

       3.  “Director” means the director of the department of motor vehicles and public safety.

       4.  “Division” means the Nevada highway patrol division of the department of motor vehicles and public safety.

       5.  “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.

       6.  “Hazardous material” means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:

       (a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and

       (b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:

             (1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

             (2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,

including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

       7.  “Person” includes any agency or political subdivision of this state.

      Sec. 26.  NRS 706.441 is hereby repealed.

      Sec. 27.  1.  This section and section 25 of this act become effective upon passage and approval.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 852 (Chapter 288, AB 123)ê

 

      2.  Sections 1 to 17, inclusive, 19 to 24, inclusive, and 26 become effective on October 1, 1993.

      3.  Section 18 of this act becomes effective at 12:02 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 289, SB 321

Senate Bill No. 321—Committee on Judiciary

CHAPTER 289

AN ACT relating to the department of prisons; requiring the director of the department of prisons to establish by regulation a reasonable deduction from money credited to the account of an offender to repay certain costs; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 209.246 is hereby amended to read as follows:

      209.246  The director shall, with the approval of the board, establish by regulation criteria for reasonable deduction from money credited to the account of an offender to:

      1.  Repay the cost of:

      (a) State property willfully damaged or destroyed by the offender during his incarceration.

      (b) Medical treatment for injuries inflicted by the offender upon himself or others.

      (c) Searching for and apprehending the offender when he escapes or attempts to escape.

      (d) Quelling any riot or other disturbance in which the offender is unlawfully involved.

      2.  Defray the costs paid by the department for medical care for the offender.

      3.  Repay the costs incurred by the department on behalf of the offender for postage, paper, photocopying and the replacement of identification cards.

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

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 853ê

 

CHAPTER 290, AB 192

Assembly Bill No. 192—Committee on Education

CHAPTER 290

AN ACT relating to pupils; requiring the board of trustees of each school district to establish a policy for the procedures which must be followed by a peace officer in arresting a pupil on school grounds during school hours; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustee of each school district, in conjunction with the school police officers of the school district, if any, and the local law enforcement agencies that have jurisdiction over the school district, shall establish a policy for the procedures which must be followed by a peace officer in arresting a pupil on school grounds during school hours. The policy must include the circumstances under which the chief administrative officer of a school must be notified of the arrest of a pupil.

      2.  Each law enforcement agency that has jurisdiction over any part of a school district shall adopt the policy which is established pursuant to subsection 1.

 

________

 

 

CHAPTER 291, SB 152

Senate Bill No. 152—Senators Callister, Adler, James, McGinness, O’Donnell, Smith and Titus

CHAPTER 291

AN ACT relating to statutory liens; requiring an owner of real property who records a notice of completion to deliver a copy of the notice to any person who submitted a request for notice before the notice was recorded; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 108.228 is hereby amended to read as follows:

      108.228  1.  The owner may record a notice of completion as follows:

      (a) Within 15 days after the completion of any work of improvement; or

      (b) Within 15 days after there has been a cessation from labor thereon for a period of 30 days.

      2.  The notice of completion must be recorded in the office of the county recorder of the county where the property is situated and must set forth:

      (a) The date when the work of improvement was completed, or the date on which cessation from labor occurred first and the period of its duration.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 854 (Chapter 291, SB 152)ê

 

      (b) The owner’s name or owners’ names, as the case may be, the address of the owner or addresses of the owners, as the case may be, and the nature of the title, if any, of the person signing the notice.

      (c) A description of the property sufficient for identification.

      (d) The name of the contractor, if any.

      3.  The notice must be verified by the owner himself or by some other person on his behalf. The notice need not be acknowledged to be recorded.

      4.  Upon recording the notice pursuant to this section, the owner shall immediately deliver a copy of the notice [, either] :

      (a) Either in person or by certified mail, to any general contractor with whom the owner contracted for the work of improvement.

      (b) By certified mail, to any person who, before the notice was recorded pursuant to this section, submitted a request to the owner to receive the notice.

 

________

 

 

CHAPTER 292, SB 159

Senate Bill No. 159—Committee on Government Affairs

CHAPTER 292

AN ACT relating to independent contractors; requiring the state board of examiners to evaluate the contracts that it approves between state agencies and independent contractors to ensure that contracting is appropriate; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.173 is hereby amended to read as follows:

      284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.

      2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

      3.  For the purposes of this section:

      (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.

      (b) There must be no:

             (1) Withholding of income taxes by the state;

             (2) Industrial insurance coverage provided by the state;

             (3) Participation in group insurance plans which may be available to employees of the state;


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 855 (Chapter 292, SB 159)ê

 

             (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

             (5) Accumulation of vacation leave or sick leave; or

             (6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.

      4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

      5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.

      6.  Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are for amounts less than $2,000 or , in contracts necessary to preserve life and property, for amounts less than $5,000. The state board of examiners shall adopt regulations to carry out the provisions of this section.

      7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

      (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.

      (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings, if the contracting process was controlled by the rules of open competitive bidding.

      (c) Contracts executed by the housing division of the department of commerce.

      (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

      8.  The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:

      (a) Whether sufficient authority exists to expend the money required by the contract; and

      (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 856ê

 

CHAPTER 293, SB 310

Senate Bill No. 310—Committee on Government Affairs

CHAPTER 293

AN ACT relating to legislative review of regulations; requiring the reimbursement of the legislative counsel bureau for the examination and revision of proposed permanent regulations; requiring that a regulation be received more than 10 working days before a meeting of the legislative commission for the commission to be required to review it at that meeting; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, each agency which submits a regulation for examination and revision pursuant to subsection 1 or 2 of NRS 233B.067 shall reimburse the legislative counsel bureau for the cost of the examination and revision. The legislative commission shall establish the amount of reimbursement required pursuant to this subsection.

      2.  The reimbursement required pursuant to subsection 1:

      (a) Must be an hourly fee for each hour spent by employees of the legal division of the legislative counsel bureau in examining and revising the regulation. The hourly fee must not exceed the average hourly salary of the persons whose salaries are reimbursed pursuant to this section.

      (b) Must be established at a rate calculated to generate the amount approved in the budget of the legislative counsel bureau for such reimbursement.

      (c) Must not be charged to agencies whose budgets are supported entirely from the state general fund.

      Sec. 2.  NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After adopting a regulation, the agency shall submit an original and four copies of each regulation adopted, except an emergency regulation or a temporary regulation, to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.

      2.  The legislative commission or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than [3] 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 857 (Chapter 293, SB 310)ê

 

      3.  The legislative commission shall notify the director of the results of its review within 30 days after receipt of the regulation from the agency. If the commission does not object to the regulation, the director shall file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission determines that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of the commission’s objection, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency. The director shall file the regulation with the secretary of state within 35 days after receipt from the agency if the agency does not notify the director in writing before that date of its intent to revise the regulation. If the agency notifies the director that it intends to revise the regulation as recommended, the director shall file the regulation with the secretary of state within 10 days after receipt of the revised regulation.

      Sec. 3.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 294, SB 313

Senate Bill No. 313—Committee on Human Resources and Facilities

CHAPTER 294

AN ACT relating to educational personnel; revising the procedure for the suspension or revocation of licenses of certain educational personnel by the state board of education; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  If the board of trustees of a school district or the superintendent of public instruction or his designee submits a recommendation to the state board for the suspension or revocation of a license issued pursuant to this chapter, the state board shall give written notice of the recommendation to the person to whom the license has been issued.

      2.  A notice given pursuant to subsection 1 must contain:

      (a) A statement of the charge upon which the recommendation is based;

      (b) A copy of the recommendation received by the state board;

      (c) A statement that the licensee is entitled to a hearing before a hearing officer if the licensee makes a written request for the hearing as provided by subsection 3; and

      (d) A statement that the grounds and procedure for the suspension or revocation of a license are set forth in NRS 391.320 to 391.361, inclusive, this section and section 3 of this act.

      3.  A licensee to whom notice has been given pursuant to this section may request a hearing before a hearing officer selected pursuant to subsection 4.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 858 (Chapter 294, SB 313)ê

 

Such a request must be in writing and must be filed with the superintendent of public instruction within 15 days after receipt of the notice by the licensee.

      4.  Upon receipt of a request filed pursuant to subsection 3, the superintendent of public instruction shall request from the American Arbitration Association a list of seven potential arbitrators to act as hearing officers. The licensee requesting a hearing and the superintendent of public instruction shall select a person to serve as hearing officer from the list provided by alternately striking one name until the name of only one arbitrator remains. The superintendent of public instruction shall strike the first name.

      5.  If no request for a hearing is filed within the time specified in subsection 3, the state board may suspend or revoke the license or take no action on the recommendation.

      Sec. 3.  1.  Within 30 days after his selection as hearing officer pursuant to section 2 of this act, a hearing officer shall conduct a hearing. Within 15 days after the conclusion of the hearing, the hearing officer shall prepare and file with the superintendent of public instruction a report containing:

      (a) A recommendation as to whether the license of the licensee should be suspended or revoked; and

      (b) Findings of fact and conclusions of law which support the recommendation.

      2.  The state board may accept or reject the recommendation or refer the report back to the hearing officer for further evidence and recommendation, and shall notify the teacher, administrator or other licensed employee in writing of its decision. The decision of the state board is a final decision in a contested case.

      Sec. 4.  NRS 391.330 is hereby amended to read as follows:

      391.330  The state board [of education] may suspend or revoke the license of any teacher [or administrator,] , administrator or other licensed employee, after notice and an opportunity for hearing [before the state board,] have been provided pursuant to sections 2 and 3 of this act, for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for service.

      3.  Physical or mental incapacity which renders the teacher , [or] administrator or other licensed employee unfit for service.

      4.  Conviction of a felony or crime involving moral turpitude.

      5.  Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a [student] pupil enrolled in a school of a [Nevada public] county school district was the victim.

      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      7.  Persistent defiance of or refusal to obey the regulations of the state board , [of education,] the commission or the superintendent of public instruction, defining and governing the duties of teachers [and administrators.] , administrators and other licensed employees.

      Sec. 5.  NRS 391.350 is hereby amended to read as follows:

      391.350  1.  Any teacher or other licensed employee employed by any board for a specified time who willfully refuses or fails to fulfill his employment obligations after he has notified the board of his acceptance of employment under subsection 3 of NRS 391.3196 or subsection 2 of NRS 391.3197 or to comply with the provisions of his contract after it has been signed without first obtaining the written consent of the board may be found guilty of unprofessional conduct.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 859 (Chapter 294, SB 313)ê

 

or to comply with the provisions of his contract after it has been signed without first obtaining the written consent of the board may be found guilty of unprofessional conduct. The board shall not unreasonably withhold its consent. Any administrator who willfully secures the signature on a statement of intent to accept employment of any teacher or other licensed employee who has notified the board of another school district in this state of his acceptance of employment is guilty of unprofessional conduct, unless the employee has first obtained the written consent of the board to which he has given notice of acceptance. If the failure or refusal to comply with the provisions of the contract is the result of having subsequently executed an employment contract with another board in this state without the written consent of the board first employing him, the second contract is void.

      2.  Upon receiving a formal complaint from the board, substantiated by conclusive evidence of a teacher’s failure or refusal under subsection 1 or that an administrator has willfully secured such a signature, the state board may suspend or revoke the license of the teacher or administrator after notice and opportunity for a hearing [.] have been provided pursuant to sections 2 and 3 of this act.

      3.  The superintendent of public instruction shall notify state agencies for education in other states of any revocation pursuant to this section.

      Sec. 6.  NRS 391.355 is hereby amended to read as follows:

      391.355  1.  The state board [of education, with the assistance of the attorney general, shall develop and the board] shall adopt rules of procedure for the conduct of hearings [involving suspension or revocation of licenses of teachers, administrators and other educational personnel.] conducted pursuant to section 3 of this act.

      2.  The rules of procedure must provide for boards of trustees of school districts or the superintendent of public instruction or his designee to bring charges, when cause exists.

      3.  [The state board of education may] A hearing officer selected pursuant to section 2 of this act shall, upon the request of a party, issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings [for suspension or revocation of licenses.

      4.  A hearing officer, selected under NRS 391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915 shall conduct the hearing and report findings of fact and conclusions of law, along with recommendations to the state board of education. The state board may accept or reject the recommendations or refer the report back to the hearing officer for further evidence and recommendation, and shall notify the teacher, administrator or other licensed person in writing of its decision.] conducted pursuant to section 3 of this act.

      Sec. 7.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 860 (Chapter 294, SB 313)ê

 

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

      (h) The welfare division of the department of human resources.

      (i) The state board of examiners acting pursuant to chapter 217 of NRS.

      (j) The office of the state engineer.

      2.  [The] Except as otherwise provided in section 3 of this act, the department of education, the committee on benefits 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 Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.

      4.  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 department;

      (b) Chapters 616 and 617 of NRS for the determination of contested claims;

      (c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;

      (d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

      (e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

      5.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      6.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for inspect or pest control; or

      (b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

 

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…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 861ê

 

CHAPTER 295, SB 437

Senate Bill No. 437—Committee on Natural Resources

CHAPTER 295

AN ACT relating to buoys; prohibiting the placement of buoys in the waters of this state without a permit; providing an exception to the permit requirement for temporary anchorage; authorizing the department of wildlife to issue permits for the placement of buoys in the nonnavigable waters of this state; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  As used in sections 2 to 5, inclusive, of this act and NRS 488.265 and 488.285, unless the context otherwise requires, “mooring buoy” means a float:

      (a) Which is anchored to the bed of a body of water; and

      (b) To which a vessel is fastened through the use of cables, lines, ropes or anchors for the purpose of maintaining the vessel in a statutory position in the water.

      2.  A mooring buoy must be white in color and have a horizontal blue band around the circumference of the buoy which is at least 3 inches in width and centered midway between the top of the buoy and the waterline.

      3.  A mooring buoy which is placed within an area other than an area designated by the commission as an anchoring or mooring area pursuant to the provisions of NRS 488.265 must display a quick flashing white light between sunset and sunrise. If a vessel is moored to such a buoy, only the vessel must display between sunset and sunrise a white light clearly visible in all directions.

      Sec. 3.  1.  Except as otherwise provided in section 5 of this act, a person shall not place any mooring buoy in any waters of this state, other than the Lake Mead National Recreational Area, without a permit issued by:

      (a) The division of state lands, if the mooring buoy is to be placed in navigable waters.

      (b) The department of wildlife, if the mooring buoy is to be placed in any other waters.

      2.  The division of state lands shall transmit a copy of each application for a permit for the placement of a mooring buoy in the navigable waters of this state to the department of wildlife as soon as practicable after receipt.

      3.  Upon receipt of such a copy, the department of wildlife shall review the application to determine whether the placement of the buoy is in the best interests of the state. To determine whether the placement of a mooring buoy is in the best interests of the state, the department of wildlife may consider the likelihood that the buoy will:

      (a) Interfere with navigation.

      (b) Become a hazard to persons or wildlife.

      (c) Have any other detrimental effect on the body of water in which it is placed.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 862 (Chapter 295, SB 437)ê

 

      4.  If the department of wildlife determines that the permit should be denied, it shall submit such a recommendation to the division of state lands and provide a brief summary of the reason for the recommendation within 30 days after the date on which the application was transmitted.

      5.  If the division of state lands does not receive a recommendation for the denial of the permit from the department of wildlife within the 30-day period provided in subsection 4, the application shall be deemed to be approved by the department of wildlife.

      Sec. 4.  1.  The department of wildlife may issue to any person a permit to place a mooring buoy in the nonnavigable waters of this state. The department of wildlife shall charge and collect a fee in the amount set by the commission for each permit issued pursuant to this subsection. Unless suspended or revoked by the department of wildlife, a permit issued pursuant to this subsection is valid through December 31 of the year in which it is issued. Such a permit may be renewed annually by paying the fee set by the commission on or before January 1 of each year.

      2.  The department of wildlife may issue a permit for the temporary placement of a buoy, other than a navigational aid, for practice courses or marine events. The department of wildlife shall charge and collect a fee in the amount set by the commission for each permit issued pursuant to this subsection. Unless suspended or revoked by the department of wildlife, a permit issued pursuant to this subsection is valid for the period indicated on the face of the permit which must not exceed 6 months.

      3.  The commission shall adopt by regulation fees for:

      (a) The issuance and renewal of permits for mooring buoys pursuant to subsection 1 which must not be more than $100 for each buoy per year.

      (b) The issuance of permits for the temporary placement of buoys for practice courses or marine events pursuant to subsection 2 which must not be more than $50 per buoy.

      4.  The commission may:

      (a) Adopt such regulations as are necessary to carry out the provisions of sections 2 to 5, inclusive, of this act and NRS 488.265 and 488.285; and

      (b) Establish a schedule of administrative fines for the violation of those regulations which may be assessed in addition to any criminal penalties for the same act.

      5.  The department of wildlife is responsible for the enforcement of the laws of this state governing mooring buoys and may:

      (a) Revoke or suspend a permit for a mooring buoy issued pursuant to subsection 1 or 2 or by the division of state lands if:

             (1) The person responsible for the buoy fails to comply with all applicable statutes and regulations concerning the buoy; or

             (2) The buoy becomes a hazard to navigation.

      (b) Remove any mooring buoy determined to be unlawfully placed.

      6.  This section does not require an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with buoys or navigational aids on the navigable waters of this state.

      Sec. 5.  1.  A permit is not required for a temporary mooring buoy.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 863 (Chapter 295, SB 437)ê

 

      2.  As used in this section, a “temporary mooring buoy” is a buoy for the temporary anchorage of a vessel that is removed within 72 hours after the time it is placed.

      Sec. 6.  NRS 488.187 is hereby amended to read as follows:

      488.187  1.  Every motorboat in all weathers from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C., must carry and exhibit the following lights when underway, and during that time other lights which may be mistaken for those prescribed must not be exhibited:

      (a) Every motorboat of classes A and 1 must carry the following lights:

             (1) A bright white light aft to show all around the horizon.

             (2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.

      (b) Every motorboat of classes 2 and 3 must carry the following lights:

             (1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel, from right ahead to 2 points abaft the beam on either side.

             (2) A bright white light aft to show 12 points.

             (3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead of 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights must be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

      (c) Vessels of classes A and 1 when propelled by sail alone must carry the combined lantern in the forepart of the vessel and a white 12-point stern light. Vessels of classes 2 and 3, when so propelled, must carry the colored side lights, fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.

      2.  Every white light prescribed by this section must be visible at a distance of at least 2 miles. Every colored light prescribed by this section must be visible at a distance of at least 1 mile. As used in this subsection, “visible” means visible on a dark night with clear atmosphere.

      3.  When propelled by sail and machinery a vessel must carry the lights required by this section for a motorboat propelled by machinery only.

      4.  Manually propelled vessels of classes A and 1 must have ready at hand an electric torch or lighted lantern showing a white light which must be exhibited in sufficient time to prevent a collision.

      5.  Any vessel may carry and exhibit the lights required by the Inland Navigational Rules, 34 U.S.C. §§ 2001 et seq., in lieu of the lights required by this section.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 864 (Chapter 295, SB 437)ê

 

      6.  [Every] Except for vessels anchored or moored in an area designated by the commission as an anchoring or mooring area pursuant to the provisions of NRS 488.265, every vessel, whether propelled by sail or machinery, when anchored or moored between sunset and sunrise where other vessels may navigate must display a white light clearly visible in all directions.

      7.  Except as otherwise provided in this subsection, it is unlawful for a person to display a flashing blue light or a flashing red light on a vessel operating on the waters of this state. A vessel of the United States, this state or its political subdivisions or a bordering state under interstate compact may display a flashing blue light when operated by a peace officer engaged in law enforcement activities. A peace officer shall seize, or cause to be seized, a flashing red or blue light installed or operated in violation of this subsection.

      Sec. 7.  NRS 488.285 is hereby amended to read as follows:

      488.285  Except as otherwise provided in subsection 3:

      1.  A person shall not moor any vessel to any buoy or navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner [hang on with] attach a vessel to any such buoy or navigational aid.

      2.  A person shall not place, move, remove, destroy or tamper with any [lawfully placed] buoy or other navigational aid without written authorization from the department of wildlife.

      3.  The provisions of subsections 1 and 2 do not apply to mooring buoys.

      4.  Any person who violates [this section] a provision of subsection 1 or 2 shall be punished:

      (a) If no injury results from the violation, for a misdemeanor.

      (b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor.

      (c) If a human death results from the violation, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      [4.]5.  Nothing in this section requires an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with [lawfully placed] buoys or navigational aids on navigable waters of this state.

      Sec. 8.  NRS 535.110 is hereby amended to read as follows:

      535.110  1.  Every person who [shall] willfully and maliciously [remove, damage or destroy:

      (a) A] removes, damages or destroys a pile or other material fixed in the ground and used for securing any bank or dam of any river or other water, or any dike, dock, quay, jetty or lock [; or

      (b) A buoy or beacon lawfully placed in any waters within this state,

shall be] is guilty of a misdemeanor.

      2.  Every person who [shall:

      (a) Moor] :

      (a) Moors any vessel, scow, barge, raft or boom to any bridge [or to any buoy or beacon lawfully in any waters within this state; or

      (b) Erect or maintain] ; or


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 865 (Chapter 295, SB 437)ê

 

      (b) Erects or maintains any unlawful structure in any stream or river,

[shall be] is guilty of a misdemeanor.

      Sec. 9.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 296, SB 478

Senate Bill No. 478—Committee on Judiciary

CHAPTER 296

AN ACT relating to jurisdiction; broadening the basis for exercising jurisdiction over a party in a civil action; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 14.065 is hereby amended to read as follows:

      14.065  [1.  Personal service of summons upon a party outside this state is sufficient to confer upon a court of this state jurisdiction of the person of the party so served if:

      (a) The service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this state; and

      (b) The party has submitted himself to the jurisdiction of the courts of this state in a manner provided by this section.

      2.  Any person who, in person or through an agent or instrumentality, does any of the acts enumerated in this subsection thereby submits himself and, if a natural person, his personal representative to the jurisdiction of the courts of this state as to any cause of action which arises from:

      (a) Transacting any business or negotiating any commercial paper within this state;

      (b) Committing a tortious act within this state;

      (c) Owning, using or possessing any real property situated in this state;

      (d) Contracting to insure any person, property or risk located within this state at the time of contracting;

      (e) Living in the marital relationship within this state notwithstanding subsequent departure from this state, as to all obligations arising from alimony, child support or property settlement, if the other party to the marital relationship continues to reside in this state; or

      (f) Violating NRS 207.400.

      3.  Only causes of action arising from these enumerated acts may be asserted against a defendant in an action in which jurisdiction over him is based on this section.

      4.  The method of service provided in this section is cumulative, and may be utilized with, after or independently of other methods of service.] A court of this state may exercise jurisdiction over a party to a civil action on any basis not inconsistent with the constitution of this state or the Constitution of the United States.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 866 (Chapter 296, SB 478)ê

 

of this state may exercise jurisdiction over a party to a civil action on any basis not inconsistent with the constitution of this state or the Constitution of the United States.

 

________

 

 

CHAPTER 297, SB 503

Senate Bill No. 503—Committee on Transportation

CHAPTER 297

AN ACT relating to common motor carriers; authorizing such carriers to transport various items for charitable organizations for free or at reduced rates; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.351 is hereby amended to read as follows:

      706.351  1.  It is unlawful for:

      (a) A common or contract motor carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.

      (b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced rates for transportation.

      2.  This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.

      3.  This chapter does not prohibit any common carrier from giving free or reduced rates for transportation of persons to:

      (a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.

      (b) Inmates of hospitals or charitable institutions and persons over 60 years of age.

      (c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.

      (d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.

      (e) Persons providing relief in cases of common disaster.

      (f) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.

      (g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 867 (Chapter 297, SB 503)ê

 

      (h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.

      (i) Students of institutions of learning.

      4.  This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:

      (a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.

      (b) Witnesses attending any legal investigations in which such carriers are interested.

      (c) Persons providing relief in cases of common disaster.

      (d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this state.

      5.  This section does not prohibit a common motor carrier or broker from giving free or reduced rates for the transportation of groups of persons participating in a tour of an area if the tour is for a purpose other than transportation.

      6.  This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.

      7.  As used in this section, “employees” includes:

      (a) Furloughed, pensioned and superannuated employees.

      (b) Persons who have become disabled or infirm in the service of such carriers.

      (c) Persons who are traveling to enter the service of such a carrier.

 

________

 

 

CHAPTER 298, AB 55

Assembly Bill No. 55—Committee on Judiciary

CHAPTER 298

AN ACT relating to administrative assessments for misdemeanors; making various changes to provisions governing the disbursement and use of such assessments; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 868 (Chapter 298, AB 55)ê

 

                    Fine                                                                                        Assessment

               $5 to $49 ........................................................................................       $10

               50 to   59 ........................................................................................         25

               60 to   69 ........................................................................................         30

               70 to   79 ........................................................................................         35

               80 to   89 ........................................................................................         40

               90 to   99 ........................................................................................         45

             100 to 199 ........................................................................................         55

             200 to 299 ........................................................................................         65

             300 to 399 ........................................................................................         75

             400 to 499 ........................................................................................         85

             500 to 1,000 .....................................................................................       100

 

      2.  The provisions of subsection 1 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders.

      (b) Two dollars and fifty cents for credit to a special [account in the municipal general] revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 869 (Chapter 298, AB 55)ê

 

expenditure in accordance with a plan for the acquisition of capital goods. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

      6.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the county’s juvenile court or the services to juvenile offenders.

      (b) Two dollars and fifty cents for credit to a special [account in the county general] revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

      7.  The money apportioned to a juvenile court , a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court [and] , or to acquire a computer or the use of one [.] , or both. Money used to improve the operation of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:

      (a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:

             (1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.

             (2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

             (3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

             (4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 870 (Chapter 298, AB 55)ê

 

             (5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

             (1) The central repository for Nevada records of criminal history;

             (2) The peace officers’ standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;

             (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and

             (4) The fund for the compensation of victims of crime.

      9.  As used in this section, “juvenile court” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 299, AB 383

Assembly Bill No. 383—Committee on Health and Human Services

CHAPTER 299

AN ACT relating to child care; excluding the occasional care of the children of a friend or neighbor from the definition of “child care facility”; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432A.024 is hereby amended to read as follows:

      432A.024  1.  “Child care facility” means:

      (a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, [for compensation,] to five or more children under 18 years of age [;] , if compensation is received for the care of any of those children; or

      (b) An outdoor youth program.

      2.  “Child care facility” does not include:

      (a) The home of a natural parent or guardian, foster home as defined in chapter 424 of NRS or maternity home; or

      (b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility.

      (c) A home in which a person provides care for the children of a friend or neighbor for not more than 4 weeks if the person who provides the care does not regularly engage in that activity.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 871ê

 

CHAPTER 300, AB 462

Assembly Bill No. 462—Assemblymen Smith, Kenny, Anderson, Collins, Petrak, Arberry, Regan, Wendell Williams, Segerblom, de Braga, Neighbors, Ernaut, Heller, Gibbons, Freeman, Garner, Lambert, Tiffany, Evans, McGaughey, Porter, Schneider, Carpenter, Bache, Chowning, Haller, Giunchigliani, Toomin, Gregory, Bennett, Price, Augustine, Bonaventura, Hettrick, Marvel, Sader, Humke and Myrna Williams

CHAPTER 300

AN ACT relating to communication; prohibiting certain conduct regarding mobile telephone service; providing penalties; revising the penalty for the theft of telephone or telegraph service; requiring the suppliers of mobile telephone service to provide free access to numbers used in emergencies; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 6, inclusive, of this act:

      1.  “Mobile telephone service” means cellular or other service to a telephone installed in a vehicle or otherwise portable.

      2.  “Supplier” means a person authorized by the Federal Communications Commission to provide mobile telephone service.

      Sec. 3. (Deleted by amendment.)

      Sec. 4.  It is unlawful for a person knowingly or with the intent to avoid payment in full for the service obtained to:

      1.  Obtain or attempt to obtain mobile telephone service from a supplier by description, use of an illegal device, or other fraudulent means. The requisite intent may be inferred from the presence on the property or in the possession of the accused of a device, not authorized by the supplier, the major purpose of which is to permit or facilitate use of mobile telephone service without payment. The inference is rebutted if the accused shows that he purchased the device for a legitimate purpose.

      2.  Give technical assistance or instruction to another in obtaining mobile telephone service without full payment to a supplier.

      3.  Maintain an ability to connect, by physical, electronic or other means, with facilities, components or devices used in mobile telephone service for the purpose of obtaining mobile telephone service without payment of all lawful compensation to the supplier.

      4.  Make or maintain a modification of a device installed with the authorization of a supplier to obtain any service that the accused is not authorized by the supplier to obtain. The requisite intent may be inferred from proof that the supplier’s standard procedure is to place labels on its devices warning that modifying the device is a violation of law and that the device has been modified without the supplier’s permission.

      5.  Possess without a supplier’s permission a device designed to receive from the supplier a service offered for sale by the supplier, whether or not the service is encoded or otherwise made unintelligible, or designed to perform or facilitate an act prohibited by subsections 1 to 4, inclusive. Intent to violate this subsection for commercial advantage or financial gain may be inferred if the circumstances, including quantity or volume, indicate possession for resale.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 872 (Chapter 300, AB 462)ê

 

this subsection for commercial advantage or financial gain may be inferred if the circumstances, including quantity or volume, indicate possession for resale.

      6.  Manufacture, import, distribute, advertise, sell, lease, or offer to sell or lease a device or a plan or kit for a device designated to receive mobile telephone service offered for sale by a supplier, whether or not the service is encoded or otherwise made unintelligible, without full payment. The requisite intent may be inferred from proof that the accused has sold, leased or offered to sell or lease any such device, plan or kit and stated or implied to the buyer or lessee that it will enable him to obtain mobile telephone service without charge.

      Sec. 5.  In addition to the penalties provided in section 6 of this act, a supplier may recover by civil action for any loss or injury incurred through a violation of section 4 of this act.

      Sec. 6.  Unless a greater penalty is provided in NRS 205.920, a person who violates the provisions of section 4 of this act is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the service obtained or the loss resulting from the violation, and in no event less than a misdemeanor.

      Sec 7.  NRS 205.920 is hereby amended to read as follows:

      205.920  1.  It is unlawful to obtain or attempt to obtain telephone or telegraph service with intent to avoid payment therefor by:

      (a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber;

      (b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled (as distinguished from expired) credit card after notice of revocation or cancellation has been given to the holder;

      (c) Using a code, prearranged scheme or other similar device to send or receive information;

      (d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise;

      (e) Using any other deception, false token or other means to avoid payment for the service; or

      (f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.

      2.  If the value of the service involved is $250 or more, any person violating the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than [10] 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. If the value of the service involved is less than $250 any person violating the provisions of this section is guilty of a misdemeanor. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 873 (Chapter 300, AB 462)ê

 

      3.  This section applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for the service would have been billable in the normal course by a person, firm or corporation providing the service in Nevada but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

      Sec. 8.  Chapter 707 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person authorized by the Federal Communications Commission to provide cellular or other service to a telephone installed in a vehicle or otherwise portable shall provide access at no charge for each customer to a telephone number to be used in an emergency if the supplier operates within the boundaries of a system to provide such a number.

      Sec. 9.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 301, AB 581

Assembly Bill No. 581—Assemblyman Carpenter

CHAPTER 301

AN ACT relating to juvenile correctional institutions; requiring the superintendent of the Nevada youth training center and the superintendent of the Caliente youth center to notify the public upon the escape or apprehension of an inmate; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 210 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Upon the escape of an inmate from the school, the superintendent shall notify the appropriate law enforcement agency of the escape and immediately thereafter notify the public. The notice to the public must include a description of the inmate. The superintendent shall immediately notify the public upon the apprehension of the inmate.

      Sec. 3.  Upon the escape of an inmate from the school, the superintendent shall notify the appropriate law enforcement agency of the escape and immediately thereafter notify the public. The notice to the public must include a description of the inmate. The superintendent shall immediately notify the public upon the apprehension of the inmate.

      Sec. 4.  NRS 210.010 is hereby amended to read as follows:

      210.010  As used in NRS 210.010 to 210.290, inclusive [:] , and section 2 of this act:

      1.  “Administrator” means the administrator of the division of child and family services in the department of human resources.

      2.  “Director” means the director of the department of human resources.

      3.  “Juvenile court” means:


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 874 (Chapter 301, AB 581)ê

 

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      4.  “School” means the Nevada youth training center.

      5.  “Superintendent” means the superintendent of the school.

      6.  “Youth parole bureau” means the youth parole bureau of the youth services division of child and family services in the department of human resources.

      Sec. 5.  NRS 210.400 is hereby amended to read as follows:

      210.400  As used in NRS 210.400 to 210.715, inclusive [:] and section 3 of this act:

      1.  “Administrator” means the administrator of the division of child and family services in the department of human resources.

      2.  “Director” means the director of the department of human resources.

      3.  “Juvenile court” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      4.  “School” means the Caliente youth center.

      5.  “Superintendent” means the superintendent of the school.

      6.  “Youth parole bureau” means the youth parole bureau of the division of child and family services in the department of human resources.

 

________

 

 

CHAPTER 302, SB 155

Senate Bill No. 155—Senator Jacobsen

CHAPTER 302

AN ACT relating to actions concerning persons; expanding the immunity from liability provided to certain persons who respond to emergencies; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      For the purposes of NRS 41.0305 to 41.039, inclusive, an employee of or volunteer for a public fire-fighting agency shall be deemed an employee of the state or a political subdivision of the state.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 875ê

 

CHAPTER 303, SB 163

Senate Bill No. 163—Committee on Government Affairs

CHAPTER 303

AN ACT relating to state purchasing; establishing general requirements for determining a state agency’s cost of furnishing a service for the purpose of awarding a contract for the provision of that service; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a contract for the provision of a service furnished by a using agency is awarded through the process of competitive bidding, the bid or proposal of a using agency or the cost of furnishing the service through a using agency must be determined by including all costs related to the contract, including a reasonable estimate of any costs of a using agency for monitoring or reviewing a contract with a private contractor.

 

________

 

 

CHAPTER 304, SB 278

Senate Bill No. 278—Senator McGinness

CHAPTER 304

AN ACT relating to retired public employees; allowing certain additional retired public employees to participate in the state’s program of group insurance; prohibiting the commingling of the claims experience of such persons with that of other participants in the state’s program of group insurance; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or join the state’s program of group insurance or medical and hospital service coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.) . [upon assuming] A retired person who continues coverage under the state’s program of group insurance shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 876 (Chapter 304, SB 278)ê

 

continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the state’s program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees’ retirement system in order to continue coverage.

      2.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 30 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage [.] or not to join the state’s program, as the case may be.

      3.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage under subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

      Sec. 2.  NRS 287.045 is hereby amended to read as follows:

      287.045  1.  Except as otherwise provided in subsections 2 [and 4,] , 4 and 5, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

      2.  Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:

      (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

      (b) The first day of the monthly following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

      3.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the state’s group insurance program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

      4.  Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.

      5.  An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the state’s group insurance program at the time of his retirement is eligible to participate in the program 30 days after notice of the selection to participate is given pursuant to NRS 287.023.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 877 (Chapter 304, SB 278)ê

 

pursuant to NRS 287.023. The committee on benefits shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the state’s program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.

      Sec. 3.  1.  Notwithstanding the amendatory provisions of this act, a person who:

      (a) Was not, at the time of his retirement, participating in the state’s program of group insurance; or

      (b) Is the surviving spouse of a person who was not, at the time of his retirement, participating in the state’s program of group insurance,

may join the state’s program of group insurance to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.) upon notifying the public employees’ retirement board pursuant to subsection 3 and assuming all costs of the coverage.

      2.  The public employees’ retirement board shall, on or before October 1, 1993, notify all retired persons who are, according to its records, eligible to join the state’s program of group insurance pursuant to subsection 1 of NRS 287.023, NRS 287.045 and this section.

      3.  A person who desires to join the state’s program of group insurance pursuant to this section shall, on or before December 31, 1993, notify the public employees’ retirement board of his intention to join. A person who received the notice sent pursuant to subsection 2 and fails to notify the board by December 31, 1993, of his intention to join is no longer eligible to join the program pursuant to this section.

      Sec. 4.  1.  This section and sections 1 and 3 of this act become effective on July 1, 1993.

      2.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1993.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 878ê

 

CHAPTER 305, SB 400

Senate Bill No. 400—Committee on Commerce and Labor

CHAPTER 305

AN ACT relating to public safety; prohibiting certain activity near an overhead line carrying high voltage unless notice is provided to and consent is received from the public utility operating the overhead line; providing a civil penalty; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 455 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 sections 2 to 7, inclusive, of this act, unless the context otherwise requires:

      1.  “High voltage” means voltage in excess of 600 volts measured between conductors or between a conductor and a ground.

      2.  “Overhead line” means a bare or insulated electrical conductor installed above ground.

      3.  “Public utility” has the meaning ascribed to it in NRS 704.020.

      Sec. 3.  The provisions of sections 4 and 5 of this act are not applicable to:

      1.  An employee of a public utility which produces, transmits or delivers electricity, or a public utility which provides communication services, while the employee, in the course of his employment, constructs, modifies, operates or maintains:

      (a) Electrical systems;

      (b) Communication systems; or

      (c) Overhead electrical or communication circuits or conductors, or the structures supporting them.

      2.  An employee of a cable antenna television system or a business which provides communication services, while the employee, acting within the scope of his employment, is making service attachments to the structure supporting an overhead line carrying high voltage, if authorized to do so by the public utility operating the overhead line.

      Sec. 4.  Except as otherwise provided in section 5 of this act:

      1.  A person shall not perform any act if it is reasonably foreseeable that during the performance of the act he, or any part of any tool or material used by him, is likely to be moved or to be placed any closer to an overhead line carrying high voltage than the following clearances:

      (a) For lines rated 50 kilovolts or less, 10 feet of clearance.

      (b) For lines rated greater than 50 kilovolts, 10 feet of clearance plus four-tenths of an inch of clearance for each kilovolt greater than 50 kilovolts.

      2.  A person shall not operate any mechanical or hoisting equipment in a manner by which any part of the equipment or load of the equipment is capable by vertical, lateral or swinging motion to be moved or to be placed any closer to an overhead line carrying high voltage than the following clearances:

      (a) For lines rated 50 kilovolts or less, 10 feet of clearance.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 879 (Chapter 305, SB 400)ê

 

      (b) For lines rated greater than 50 kilovolts, 10 feet of clearance plus four-tenths of an inch of clearance for each kilovolt greater than 50 kilovolts.

      Sec. 5.  1.  A person may perform an act or operate equipment in closer proximity to an overhead line carrying high voltage than authorized by section 4 of this act if, before performing the work:

      (a) Notice of the work to be performed is provided to the public utility operating the overhead line carrying high voltage; and

      (b) The public utility operating the overhead line carrying high voltage consents to the performance of the work.

      2.  If the work can be performed with reasonable safety, the public utility shall promptly consent to the performance of the work. As a condition of consent, the public utility may:

      (a) Reasonably limit the time, place and manner of the work to preserve public safety.

      (b) Place temporary mechanical barriers to separate and prevent contact between material, equipment or persons and the overhead line carrying high voltage.

      (c) Temporarily disconnect power to the overhead line, ground the overhead line or relocate the overhead line.

      3.  Except as otherwise provided in this subsection, the person responsible for performing the work in the vicinity of the overhead line carrying high voltage shall pay any actual expenses incurred by the public utility in carrying out the preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2. If, at the time the public utility installed the overhead line involved, the structure on which the person is performing the work was within 10 feet of the overhead line, the public utility shall pay any actual expenses incurred by it in carrying out the preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2.

      4.  The public utility may require that an agreement regarding payment be executed before the public utility carries out the preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2.

      5.  The public utility shall initiate the provision of preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2:

      (a) If an agreement regarding payment for the preventative measures is required, within 5 working days after the date the agreement is executed.

      (b) If an agreement regarding payment for the preventative measures is not required, within 5 working days after the date that the public utility receives notice of the work pursuant to paragraph (a) of subsection 1.

The preventative measures must be completed as soon as practicable.

      Sec. 6.  If an act constituting a violation of any provision of this chapter causes contact with an overhead line carrying high voltage, each person who committed the violation or caused another person to commit the violation shall pay the public utility operating the overhead line carrying high voltage for:

      1.  All damages to property of the public utility;


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 880 (Chapter 305, SB 400)ê

 

      2.  All reasonable costs and expenses incurred by the public utility as a result of the contact; and

      3.  The costs and expenses incurred by the public utility as a result of the contact for damages to third persons.

Each person who committed a violation causing the contact or who caused another person to commit a violation causing the contact is jointly and severally liable for the payment required by this section.

      Sec. 7.  1.  An action for the enforcement of a civil penalty pursuant to this section may be brought before the public service commission of Nevada by the attorney general, a district attorney, a city attorney or legal counsel for the public service commission of Nevada.

      2.  Any person who violates a provision of sections 2 to 6, inclusive, of this act, is liable for a civil penalty not to exceed $1,000 per day for each violation.

      3.  The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty must be determined by the public service commission of Nevada upon receipt of a complaint by the attorney general, an employee of the public service commission of Nevada who is engaged in regulatory operations, a district attorney or a city attorney.

      4.  In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the public service commission of Nevada shall consider:

      (a) The gravity of the violation;

      (b) The good faith of the person charged with the violation in attempting to comply with the provisions of sections 2 to 6, inclusive, of this act, before and after notification of a violation; and

      (c) Any history of previous violations of those provisions by the person charged with the violation.

      5.  A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter. Any amount remaining after such reimbursement must be deposited in the state general fund.

      6.  Any person aggrieved by a determination of the public service commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 233B.130 to 233B.150, inclusive.

      Sec. 8.  NRS 455.020 is hereby amended to read as follows:

      455.020  Any person who is a resident of the county and knows, or has reason to believe, that the provisions of NRS 455.010 are being or have been violated within such county, may file with the sheriff or the constable of the township where the hole, excavation or shaft exists a notice which must be in writing and must state:

      1.  The location, as near as may be, of the hole, excavation or shaft.

      2.  That the hole, excavation or shaft is dangerous to persons or animals, and has been left, or is being worked, contrary to the provisions of [this chapter.] NRS 455.010 to 455.180, inclusive.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 881 (Chapter 305, SB 400)ê

 

      3.  The name of the owner or owners of the hole, excavation or shaft, if known, or, if the owner is unknown, any persons who were known to be employed therein.

      4.  Whether the hole, excavation or shaft appears to be abandoned.

      Sec. 9.  NRS 455.040 is hereby amended to read as follows:

      455.040  1.  The notice [thus] served pursuant to subsection 2 of NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in his place, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of [this chapter] NRS 455.010 to 455.180, inclusive, or the standards established by the commission on mineral resources for the abatement of dangerous conditions have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount required to abate the condition.

      2.  All proceedings had therein must be as prescribed by law in civil cases.

      3.  Such persons, in addition to any judgment that may be rendered against them, are liable and subject to a fine not exceeding the sum of $250 for each violation of the provisions of [this chapter,] NRS 455.010 to 455.180, inclusive, which judgments and fines must be adjudged and collected as provided for by law.

      Sec. 10.  NRS 455.050 is hereby amended to read as follows:

      455.050  1.  Suits commenced under the provisions of [this chapter shall] NRS 455.010 to 455.180, inclusive, must be filed in the name of the State of Nevada.

      2.  All judgments collected [shall] must be paid into the county treasury for county purposes.

      3.  All fines collected [shall] must be paid into the state permanent school fund.

      Sec. 11.  NRS 455.060 is hereby amended to read as follows:

      455.060  1.  If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location. Upon receipt of this notice, or of information from the department of minerals that there is in the county a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, [in the county] if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, decide whether it should be so fenced or otherwise guarded as to prevent accidents to persons or animals.

      2.  All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of [this chapter] NRS 455.010 to 455.180, inclusive, in the same manner as other county expenses.

 

________

 

 


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ê1993 Statutes of Nevada, Page 882ê

 

CHAPTER 306, SB 485

Senate Bill No. 485—Senators Titus, Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson and Townsend

CHAPTER 306

AN ACT relating to the legislature; prohibiting a nonreturning legislator from receiving compensation for attending a conference or other meeting under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.223 is hereby amended to read as follows:

      218.223  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 4, each senator and assemblyman is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, and the per diem allowance and travel expenses provided by law , for each day of attendance at a presession orientation conference or at a conference, meeting, seminar or other gathering at which he officially represents the State of Nevada or its legislature.

      2.  A nonreturning legislator must not be paid the compensation or per diem allowance and travel expenses provided in subsection 1 for attendance at a conference, meeting, seminar or other gathering unless:

      (a) It is conducted by a statutory committee or a committee of the legislature and he is a member of that committee; or

      (b) The majority leader of the senate or speaker of the assembly designates him to attend because of his knowledge or expertise.

      3.  For the purposes of this section, “nonreturning legislator” means a legislator who, in the year that his term of office expires:

      (a) Has not filed a declaration or an acceptance of candidacy within the time allowed for filing for election as a senator or assemblyman;

      (b) Has failed to win nomination as a candidate for senator or assemblyman at the primary election; or

      (c) Has withdrawn as a candidate for senator or assemblyman.

      4.  This section does not apply:

      (a) During a regular or special session of the legislature; or

      (b) To any senator or assemblyman who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.

 

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ê1993 Statutes of Nevada, Page 883ê

 

CHAPTER 307, AB 235

Assembly Bill No. 235—Committee on Commerce

CHAPTER 307

AN ACT relating to punishments; establishing and revising various fines and penalties; and providing other matters properly relating thereto.

 

[Approved June 25, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 623.270 is hereby amended to read as follows:

      623.270  The board may place the holder of any certificate of registration issued pursuant to this chapter on probation, reprimand him, fine him not more than [$500,] $10,000, suspend or revoke his license, or take any combination of these disciplinary actions, if proof satisfactory to the board is presented that:

      1.  The certificate was obtained by fraud.

      2.  The holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

      3.  The holder of a certificate has been found guilty by the board of repeated incompetency or negligence in the practice of architecture or residential design.

      4.  The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his immediate direction and supervision, or has permitted the use of his name to assist any person who is not a registered architect to evade any provision of this chapter.

      5.  The holder of a certificate has aided or abetted any unauthorized person to practice architecture or residential design.

      6.  The holder of the certificate has violated any law, regulation or rule of ethics pertaining to the practice of architecture or residential design.

If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      Sec. 2.  NRS 624.140 is hereby amended to read as follows:

      624.140  [If]

      1.  Except as otherwise provided in subsection 3, if money becomes available from the operations of this chapter and payments made for licenses, the board may pay from that money:

      [1.](a) The expenses of the operations of this chapter, including the maintenance of offices.

      [2.](b) The salary of the executive officer who must be named by the board.

      [3.](c) A salary to each member of the board of not more than $80 per day, as fixed by the board, while engaged in the business of the board.

      [4.](d) A per diem allowance and travel expenses for each member and employee of the board at a rate fixed by the board, while engaged in the business of the board.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 884 (Chapter 307, AB 235)ê

 

business of the board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 3.  NRS 624.300 is hereby amended to read as follows:

      624.300  1.  The board may suspend or revoke licenses already issued, refuse renewals of licenses, impose limits on the field, scope and monetary limit of the license , impose an administrative fine of not more than $5,000 or reprimand or take other less severe disciplinary action, including without limitation, increasing the amount of the surety bond or cash deposit of the licensee, if the licensee commits any act which constitutes a cause for disciplinary action.

      2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

      3.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      Sec. 4.  NRS 625.150 is hereby amended to read as follows:

      625.150  1.  The board shall deposit in banks and savings and loan associations in the State of Nevada all [fees] money collected by it.

      2.  [All fees] Except as otherwise provided in subsection 6, all money collected by the board must be used to meet the expenses of examinations, the expenses of issuance of certificates and the expenses of conducting the office of the board.

      3.  The expenses, including the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses of conducting examinations, must be paid from the current receipts. No portion thereof may be paid from the state treasury.

      4.  Any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof.

      5.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.


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ê1993 Statutes of Nevada, Page 885 (Chapter 307, AB 235)ê

 

imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 5.  NRS 630A.510 is hereby amended to read as follows:

      630A.510  1.  Any member of the board who was not a member of the investigative committee, if one was appointed, may participate in the final order of the board. If the board, after a formal hearing, determines that a violation of the provisions of this chapter or the regulations adopted by the board has occurred, it shall issue and serve on the person charged an order, in writing, containing its findings and any sanctions imposed by the board. If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the person that the charges have been dismissed.

      2.  If the board finds that a violation has occurred, it may by order:

      (a) Place the person on probation for a specified period on any of the conditions specified in the order.

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person or exclude a method of treatment from the scope of his practice.

      (d) Suspend the license of the person for a specified period or until further order of the board.

      (e) Revoke the license of the person to practice homeopathic medicine.

      (f) Require the person to participate in a program to correct a dependence upon alcohol or a controlled substance, or any other impairment.

      (g) Require supervision of the person’s practice.

      (h) Impose [a] an administrative fine not to exceed [$5,000.] $10,000.

      (i) Require the person to perform public service without compensation.

      (j) Require the person to take a physical or mental examination or an examination of his competence to practice homeopathic medicine.

      (k) Require the person to fulfill certain training or educational requirements.

      (l) Require the person to pay the costs of the investigation and hearing.

      Sec. 6.  NRS 632.090 is hereby amended to read as follows:

      632.090  [All]

      1.  Except as otherwise provided in subsection 3, all money received by the board under the provisions of this chapter must be paid to the executive director of the board, who shall deposit the money in banks or savings and loan associations in the State of Nevada. [Such] The money may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this chapter.

      2.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.


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ê1993 Statutes of Nevada, Page 886 (Chapter 307, AB 235)ê

 

the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 7.  NRS 632.325 is hereby amended to read as follows:

      632.325  1.  If the board determines that a licensee has committed any of the acts set forth in NRS 632.320, it may take any one or more of the following disciplinary actions:

      (a) Deny, suspend or revoke his license.

      (b) Place conditions, limitations or restrictions on his license.

      (c) Impose and collect an administrative fine of not more than [$1,000.] $5,000.

      (d) Require the licensee to pay all costs incurred by the board relating to the discipline of the licensee.

      2.  If the board determines that:

      (a) A person whose license is suspended or voluntarily surrendered, or has been placed on an inactive list pursuant to NRS 632.341, has committed, during the period his license was valid, inactive or would have been valid if not for the suspension or surrender; or

      (b) An applicant for the renewal or reinstatement of a license has committed, at any time after the most recent renewal of his license or the issuance of his original license if it has not been renewed,

any of the acts set forth in NRS 632.320, the board may take any one or more of the disciplinary actions set forth in subsection 1.

      Sec. 8.  NRS 634.190 is hereby amended to read as follows:

      634.190  1.  The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.

      2.  If the board finds the person guilty as charged in the complaint, it may by order:

      (a) Place the person on probation for a specified period or until further order of the board.

      (b) Administer to the person a public or private reprimand.

      (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of chiropractic.

      (d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the board.

      (e) Revoke the license of the person to practice chiropractic.

      (f) Impose a fine of not more than [$5,000,] $10,000, which must be deposited with the state treasurer for credit to the state general fund.

      (g) Require the person to pay all costs incurred by the board relating to the discipline of the person.

The order of the board may contain such other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.

      3.  If the board finds that a licensee has violated the provisions of NRS 616.690, it shall suspend his license for a specified period or until further order of the board.


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ê1993 Statutes of Nevada, Page 887 (Chapter 307, AB 235)ê

 

      Sec. 9.  Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other penalties prescribed by law, the board may, after notice and hearing, impose upon any person who violates any provision of this chapter or the regulations adopted pursuant thereto an administrative fine of not more than $2,500.

      2.  If discipline is imposed pursuant to this chapter, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      Sec. 10.  NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The board, after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed [$1,000.] $5,000.

      (e) Require the licensee to pay all costs incurred by the board relating to the discipline of the licensee.

      2.  The board may take disciplinary action against a licensee for any of the following causes:

      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure under this chapter.

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.

      (e) Conviction of a crime involving moral turpitude.

      (f) Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

      (g) The commission of fraud by or on behalf of the licensee regarding his license or practice.

      (h) Gross incompetency.

      (i) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.

      (j) False representation by or on behalf of the licensee regarding his practice.

      (k) Unethical or unprofessional conduct.

      (l) Willful or repeated violations of this chapter or regulations adopted by the board.

      (m) Willful violation of the regulations adopted by the state board of pharmacy.

      Sec. 11.  NRS 635.180 is hereby amended to read as follows:

      635.180  Except as otherwise provided in NRS 635.167, every person who practices podiatry or as a podiatry hygienist without having complied with the provisions of this chapter must be fined not more than [$1,000] $10,000 for each offense [.]


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ê1993 Statutes of Nevada, Page 888 (Chapter 307, AB 235)ê

 

each offense [.] and may be required to pay all costs incurred by the board relating to the discipline of the person.

      Sec. 11.5.  NRS 639.255 is hereby amended to read as follows:

      639.255  1.  The holder of any certificate, license or permit issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:

      (a) Suspending judgment;

      (b) Placing the certificate, license or permit holder on probation;

      (c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period not to exceed 1 year;

      (d) Revoking the certificate, license or permit;

      (e) Public or private reprimand; [or]

      (f) Imposition of a fine not to exceed $1,000 for each count of the accusation [.] ; or

      (g) Requiring the certificate, license or permit holder to pay all costs incurred by the board relating to the discipline of the person.

      2.  Such action by the board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.

      Sec. 12. NRS 640.160 is hereby amended to read as follows:

      640.160  1.  The board, after due notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:

      (a) Refuse to issue a license or temporary license to any applicant.

      (b) Refuse to renew the license or temporary license of any person.

      (c) Suspend or revoke the license or temporary license of any person.

      (d) Place any person who has been issued a license or temporary license on probation.

      (e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.

      (f) Require any person who has been issued a license to pay all costs incurred by the board relating to the discipline of the person.

      2.  The board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:

      (a) Is habitually drunk or is addicted to the use of a controlled substance.

      (b) Has been convicted of violating any state or federal law relating to controlled substances.

      (c) Is, in the judgment of the board, guilty of immoral or unprofessional conduct.

      (d) Has been convicted of any crime involving moral turpitude.

      (e) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

      (f) Has obtained or attempted to obtain a license by fraud or material misrepresentation.

      (g) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.


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ê1993 Statutes of Nevada, Page 889 (Chapter 307, AB 235)ê

 

      (h) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.

      (i) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

      (j) Has had his license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.

      (k) Is determined to be professionally incompetent by the board.

      (l) Has violated any provision of this chapter or the board’s regulations.

      Sec. 13.  NRS 641B.150 is hereby amended to read as follows:

      641B.150  1.  [All] Except as otherwise provided in subsection 4, all reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the [fees] money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.

      2.  All money received by the board must be deposited in qualified banks or savings and loan associations in this state and paid out on its order for its expenses.

      3.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 14.  NRS 641B.430 is hereby amended to read as follows:

      641B.430  1.  The hearing of a complaint must be conducted in private by the board.

      2.  The defendant licensee must be accorded the right to appear in person and through the representation of legal counsel. He must be given adequate opportunity to confront the witnesses against him, testify and introduce the testimony of witnesses in his behalf and submit arguments and briefs in person or through his counsel. The board shall make and announce its decision as soon as practicable.

      3.  The failure of the person charged to attend his hearing or defend himself must not delay and does not void the proceedings. The board may, for good cause shown, continue any hearing from time to time.

      4.  If the board finds the person guilty as charged in the complaint, it may by order:

      (a) Place the person on probation for a specified period or until further order of the board.

      (b) Administer to the person a public or private reprimand.

      (c) Limit the practice of the person to, or by exclusion of, one or more specified branches of social work.

      (d) Suspend the license of the person to practice social work for a specified period or until further order of the board.

      (e) Revoke the license of the person to practice social work.


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ê1993 Statutes of Nevada, Page 890 (Chapter 307, AB 235)ê

 

      (f) Impose a fine of not more than $5,000, which must be deposited with the state treasurer for credit to the state general fund.

      (g) Require the person to pay all costs incurred by the board relating to the discipline of the person.

The order of the board may contain other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.

      Sec. 15.  NRS 643.185 is hereby amended to read as follows:

      643.185  1.  The following are grounds for disciplinary action by the board:

      (a) Violation by any person holding a certificate or license issued pursuant to this chapter of any provision of this chapter or the regulations adopted by the board.

      (b) Conviction of a felony.

      (c) Malpractice or incompetency.

      (d) Continued practice by a person knowingly having an infectious or contagious disease.

      (e) Advertising, practicing or attempting to practice under another’s name or trade name.

      (f) Drunkenness or addiction to a controlled substance.

      2.  If the board determines that a violation of this section has occurred, it may:

      (a) Refuse to issue or renew a certificate or license;

      (b) Revoke or suspend a certificate or license; [or]

      (c) Impose a fine of not more than $1,000 [.] ; or

      (d) Require the person to pay all costs incurred by the board relating to the discipline of the person.

      Sec. 16.  NRS 645.630 is hereby amended to read as follows:

      645.630  The commission may require a licensee or owner-developer to pay an administrative fine of not more than [$500] $5,000 for each violation he commits or suspend, revoke or place conditions upon his license or registration, or do both, at any time if the licensee or owner-developer has, by false or fraudulent representation, obtained a license or registration, or where the licensee or owner-developer, whether or not acting as such, is found guilty of:

      1.  Making any material misrepresentation.

      2.  Making any false promises of a character likely to influence, persuade or induce.

      3.  Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.

      4.  Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.

      5.  Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.

      6.  Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.


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ê1993 Statutes of Nevada, Page 891 (Chapter 307, AB 235)ê

 

      7.  Commingling the money or other property of his principals with his own or converting the money of others to his own use.

      8.  In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.

      9.  Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.

      10.  Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.

      11.  Inducing any party to a contract, sale or lease to break it in order to substitute a new contract, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.

If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      Sec. 16.5  NRS 645.660 is hereby amended to read as follows:

      645.660  1.  Any unlawful act or violation of any of the provisions of this chapter by any licensee is not cause for the suspension or revocation of a license of any person associated with the licensee, unless it appears to the satisfaction of the commission that the associate knew or should have known thereof. A course of dealing shown to have been persistently and consistently followed by any licensee constitutes prima facie evidence of such knowledge upon the part of the associate.

      2.  If it appears that a registered owner-developer knew or should have known of any unlawful act or violation on the part of a real estate broker, broker-salesman or salesman employed by him, in the course of his employment, the commission may suspend or revoke his registration and may assess a civil penalty of not more than [$500.] $5,000.

      3.  The commission may suspend or revoke the license of a real estate broker and may assess a civil penalty of not more than [$500] $5,000 against him if it appears he has failed to maintain adequate supervision of a salesman or broker-salesman associated with him and that person commits any unlawful act or violates any of the provisions of this chapter.

      Sec. 17.  NRS 645.850 is hereby amended to read as follows:

      645.850  1.  Any person who:

      (a) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud; or

      (b) Sells or attempts to sell in this state any interest in real property by means of intentional misrepresentation, deceit or fraud,

shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  Any licensee or owner-developer who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than [$500] $5,000 for each offense.


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ê1993 Statutes of Nevada, Page 892 (Chapter 307, AB 235)ê

 

      3.  Any person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a partnership, association or corporation, shall be punished by a fine of not more than $2,500.

      4.  Any officer or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation of this chapter by the partnership, association or corporation, is subject to the penalties prescribed in this section for natural persons.

      5.  Nothing in this section releases any person from civil liability or criminal prosecution under the general laws of this state.

      6.  The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

      7.  Any court of competent jurisdiction may try any violation of this chapter, and upon conviction the court may revoke or suspend the license of the person so convicted, in addition to imposing the other penalties provided in this section.

      8.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the administrator.

      Sec. 18.  NRS 645C.460 is hereby amended to read as follows:

      645C.460  1.  Grounds for disciplinary action against a certified or licensed appraiser or registered intern include:

      (a) Unprofessional conduct;

      (b) Professional incompetence;

      (c) A criminal conviction for a felony or any offense involving moral turpitude; and

      (d) The suspension or revocation of a registration card, certificate, license or permit to act as an appraiser in any other jurisdiction.

      2.  If grounds for disciplinary action against an appraiser or intern exist, the commission may do one or more of the following:

      (a) Revoke or suspend his certificate, license or registration card.

      (b) Place conditions upon his certificate, license or registration card, or upon the reissuance of a certificate, license or registration card revoked pursuant to this section.

      (c) Impose a fine of not more than [$500] $1,000 for each violation.

      3.  If a certificate, license or registration card is revoked by the commission, another certificate, license or registration card must not be issued to the same appraiser or intern for at least one year after the date of the revocation, or at any time thereafter except in the sole discretion of the administrator, and then only if the appraiser or intern satisfies all the requirements for an original certificate, license or registration card.

      4.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the commission.

      Sec. 19.  NRS 648.040 is hereby amended to read as follows:

      648.040  1.  [All] Except as otherwise provided in subsection 6, all money received pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the attorney general’s special fund and must be used by the board for the administration of this chapter and to pay the expenses and salary of members, agents and employees of the board.


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ê1993 Statutes of Nevada, Page 893 (Chapter 307, AB 235)ê

 

be used by the board for the administration of this chapter and to pay the expenses and salary of members, agents and employees of the board.

      2.  Any amount remaining in the fund at the end of a fiscal year must be carried forward into the next fiscal year.

      3.  The board through majority vote controls exclusively the expenditures from the fund. The board may not make expenditures or incur liabilities in a total amount greater than the amount of money actually available in the fund.

      4.  [The] Except as otherwise provided in subsection 6, the money in this fund may be used to:

      (a) Pay the expenses of the board in connection with the investigation of the background of an applicant;

      (b) Finance a substantive investigation of a licensee or of unlicensed activity; and

      (c) Pay the operational and administrative expenses of the board and its secretary,

and for such other expenses as the board deems appropriate to regulate the persons subject to its supervision.

      5.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in the state treasury for credit to the attorney general’s special fund.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5, the board shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund. In such a case, the board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 20.  NRS 648.175 is hereby amended to read as follows:

      648.175  If, after a hearing, the board fines that cause exists, the board may:

      1.  Revoke the license of the licensee.

      2.  Suspend the license of the licensee for not more than 1 year for each violation.

      3.  Fine the licensee not more than [$1,000] $5,000 for each violation.

      4.  Suspend an order authorized by this section upon such terms and conditions as the board considers appropriate.

      5.  Place the licensee on probation for not more than 2 years upon such terms and conditions as the board considers appropriate.

      6.  Publicly or privately reprimand the licensee.

      7.  Affirm, modify or vacate the penalty imposed by a notice of violation.

      8.  Require the licensee to pay all costs incurred by the board relating to the discipline of the licensee.

      Sec. 21.  NRS 654.120 is hereby amended to read as follows:

      654.120  1.  The secretary of the board shall receive and account for all money paid to the board pursuant to this chapter. The secretary of the board shall deposit the money in banks or savings and loan associations in the State of Nevada.

      2.  [All] Except as otherwise provided in subsection 5, all money received by the board pursuant to this chapter must be used to:


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 894 (Chapter 307, AB 235)ê

 

      (a) Pay the salaries and per diem and travel expenses of the members and employees of the board.

      (b) Administer the provisions of this chapter.

      3.  Any money which remains at the end of the fiscal year must be retained by the board for future disbursement for the purposes enumerated in subsection 2.

      4.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      5.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 22.  NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The board may, after notice and hearing, impose an administrative fine of not more than $2,500 on and suspend or revoke the license of any nursing facility administrator who:

      (a) Is convicted of a felony, or of any offense involving moral turpitude.

      (b) Has obtained his license by the use of fraud or deceit.

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility for skilled nursing or facility intermediate care.

      (e) Violates any regulation to the board prescribing additional standards of conduct for nursing facility administrators.

      2.  The board shall give a licensee against whom proceedings are brought under this section written notice of hearing not less than 10 days before the date of the hearing.

      3.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      Sec. 23.  NRS 90.630 is hereby amended to read as follows:

      90.630  1.  If the administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that:

      (a) The sale of a security is subject to registration under this chapter and the security is being offered or has been offered or sold by the issuer or another person in violation of NRS 90.460; or

      (b) A person is action as a broker-dealer or investment adviser on violation of NRS 90.310 or 90.330,

the administrator, in addition to any specific power granted under this chapter and subject to compliance with the requirements of NRS 90.820, may issue, without a prior hearing, an order against the person engaged in the prohibited activities, directing him to desist and refrain from further activity until the security is registered or he is licensed under this chapter. The order to cease and desist must state the section of this chapter or regulation or order of the administrator under this chapter which the administrator reasonably believes has been or is being violated.


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ê1993 Statutes of Nevada, Page 895 (Chapter 307, AB 235)ê

 

administrator under this chapter which the administrator reasonably believes has been or is being violated.

      2.  If the administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that a person has violated this chapter or a regulation or order of the administrator under this chapter, the administrator, in addition to any specific power granted under this chapter, after notice and hearing in an administrative proceeding unless the right to notice and hearing is waived by the persons against whom the sanction is imposed, may:

      (a) Issue an order against him to cease and desist;

      (b) Censure him if he is a licensed broker-dealer, sales representative or investment adviser;

      (c) Bar or suspend him from association with a licensed broker-dealer or investment adviser in this state;

      (d) Issue an order against an applicant, licensed person or other person who knowingly violates this chapter, imposing a civil penalty [up to a maximum] of not more than $2,500 for a single violation or [of $25,000] $100,000 for multiple violations in a single proceeding or a series of related proceedings; or

      (e) Initiate one or more of the actions specified in NRS 90.640.

      3.  Imposition of the sanctions under this section is limited as follows:

      (a) If the administrator revokes the license of a broker-dealer, sales representative, or investment adviser or bars a person from association with a licensed broker-dealer or investment adviser under this section or NRS 90.420, the imposition of that sanction precludes imposition of a civil penalty under subsection 2; and

      (b) The imposition by the administrator of one or more sanctions under subsection 2 with respect to a specific violation precludes him from later imposing any other sanctions under paragraphs (a) to (d), inclusive, of subsection 2 with respect to the violation.

      4.  For purposes of determining any sanction to be imposed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, the administrator shall consider among other factors, the frequency and persistence of the conduct constituting a violation of this chapter, or a regulation or order of the administrator under this chapter, the number of persons adversely affected by the conduct [,] and the resources of the person committing the violation.

      5.  If a sanction is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the administrator.

      Sec. 24.  NRS 90.640 is hereby amended to read as follows:

      90.640  1.  Upon a showing by the administrator that a person has violated or is about to violate this chapter, or a regulation or order of the administrator under this chapter, the appropriate district court may grant or impose one or more of the following appropriate legal or equitable remedies:

      (a) Upon a showing that a person has violated this chapter, or a regulation or order of the administrator under this chapter, the court may:

             (1) Issue a temporary restraining order, permanent or temporary prohibitory or mandatory injunction or a writ of prohibition or mandamus;


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ê1993 Statutes of Nevada, Page 896 (Chapter 307, AB 235)ê

 

             (2) Impose a civil penalty [up to a maximum] of not more than $2,500 for a single violation or [of $25,000] $100,000 for multiple violations in a single proceeding or a series of related proceedings;

             (3) Issue a declaratory judgment;

             (4) Order restitution to investors;

             (5) Provide for the appointment of a receiver or conservator for the defendant or the defendant’s assets; or

             (6) Order such other relief as the court deems just.

      (b) Upon a showing that a person is about to violate this chapter, or a regulation or order of the administrator under this chapter, a court may issue:

             (1) A temporary restraining order;

             (2) A temporary or permanent injunction; or

             (3) A writ of prohibition or mandamus.

      2.  In determining the appropriate relief to grant, the court shall consider enforcement actions taken and sanctions imposed by the administrator under NRS 90.630 in connection with the transactions constituting violations of this chapter or a regulation or order of the administrator under this chapter. If a remedial action is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the administrator.

      3.  The court shall not require the administrator to post a bond in an action under this section.

      4.  Upon a showing by the administrator or securities agency of another state that a person has violated the securities act of that state or a regulation or order of the administrator or securities agency of that state, the appropriate district court may grant, in addition to any other legal or equitable remedies, one or more of the following remedies:

      (a) Appointment of a receiver, conservator or ancillary receive or conservator for the defendant or the defendant’s assets located in this state; or

      (b) Other relief as the court deems just.

      Sec. 25.  NRS 118B.260 is hereby amended to read as follows:

      118B.260  Any landlord who violates any of the provisions of this chapter:

      1.  For the first [time,] violation, shall pay a civil penalty of not more than $1,000.

      2.  For the second [time,] violation, shall pay a civil penalty of not more than [$1,500.] $2,500.

      3.  For the third [time or more,] or subsequent violation, shall pay a civil penalty of not more than [$2,500.] $5,000 for each violation.

If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the administrator.

      Sec. 26.  NRS 338.060 is hereby amended to read as follows:

      338.060  1.  A contractor engaged on public works shall forfeit, as a penalty to the public body in behalf of which the contract has been made and awarded to [such contractor, $5] the contractor, not less than $10 nor more than $25 for each workman employed for each calendar day or portion thereof that [such] the workman is paid less than the designated rate for any work done under the contract, by him or any subcontractor under him. The public body awarding the contract shall cause a stipulation to this effect to be inserted in the contract.


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ê1993 Statutes of Nevada, Page 897 (Chapter 307, AB 235)ê

 

public body awarding the contract shall cause a stipulation to this effect to be inserted in the contract.

      2.  The labor commissioner shall, by regulation, establish a sliding scale based on the size of the contractor’s business to determine the amount of the penalty to the imposed pursuant to subsection 1.

      3.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the labor commissioner.

      Sec. 27.  NRS 405.010 is hereby amended to read as follows:

      405.010  1.  Whenever, by reason of excessive moisture or a lack of moisture, a section of public road or highway under the supervision of a board of county highway commissioners or board of county commissioners is damaged by heavy loads, the board of county highway commissioners or board of county commissioners having supervision over the section of public road or highway may:

      (a) Close the section of public road or highway to such extent and for such time as may be necessary.

      (b) Fix the maximum load which may pass over the section of public road or highway.

      2.  Notices of the closing of any section of public road or highway or limiting of the maximum load which may pass over the section of public road or highway under the provisions of this section must be given by placing a notice at each end of the section of road or highway to be protected, after the board of county highway commissioners or board of county commissioners has passed a resolution to that effect, which resolution must appear upon the minutes of the board of county highway commissioners or board of county commissioners. The notice must state that the section of road is closed to traffic or state the maximum load which may be drawn or carried over the section of road or highway.

      3.  Unless a greater penalty is provided in NRS 202.287, a person who defaces, destroys, shoots or removes any sign or notice so erected or placed is guilty of a misdemeanor.

      4.  Any person who passes over a section of road so closed, or who carries over the section of road any load in excess of the weight stated in the resolution of the board of county highway commissioners or board of county commissioners and as stated in the notice, shall be punished by a fine of not more than [$500,] $1,000, and is liable for any damage that may be done to any section of public road or highway as the result of the unlawful passage. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      Sec. 28.  NRS 405.230 is hereby amended to read as follows:

      405.230  1.  Any person who, in any manner, obstructs any road, street or alley, or in any manner damages it or prevents travel thereon, or who obstructs, dams or diverts any stream or water so as to throw it, or cause the flowage thereof, upon, across or along the pathway of any road, highway, street or alley is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the extent of damage to the section of the road, street, alley or highway damaged , and in no event less than a misdemeanor.


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ê1993 Statutes of Nevada, Page 898 (Chapter 307, AB 235)ê

 

      2.  The court before which the conviction is had shall order the sheriff or any constable of the county to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of the road, street or alley, or any obstruction from the stream so as to allow it to flow in its natural bed.

      3.  The department of public works or any other appropriate county agency is authorized to remove from the highways any unlicensed obstacle or encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, before the expiration of 5 days after personal service of notice and demand upon the owner of the obstacle or encroachment or his agent. In lieu of personal service upon that person or his agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the obstacle or encroachment described in the notice. Removal by the department or other agency of the obstacle or encroachment on the failure of the owner to comply with the notice and demand gives the department or other agency a right of action to recover the expense of the removal, investigative costs, attorney’s fees, cost and expenses of suit, and in addition thereto the sum of [$100] $250 for each day the obstacle or encroachment remains after the expiration of 5 days from the service of the notice and demand.

      4.  As used in this section, “obstacles or encroachments” mean any objects, materials or facilities not owned by the county that are placed within a right of way of the county for storage purposes or decorative improvements for front lots that are not a part of a highway facility. The term does not include vehicles parked in a lawful manner within that right of way.

      Sec. 29.  NRS 410.360 is hereby amended to read as follows:

      410.360  1.  Any outdoor advertising sign, display or device erected after February 20, 1972, which violates the provisions of NRS 410.220 to 410.410, inclusive, is hereby declared to be a public nuisance and the director shall remove any such sign, display or device which is not removed [prior to] before the expiration of 30 days after notice of [such] the violation and demand for removal have been served personally or by registered or certified mail upon the landowner and the owner of [such] the sign or their agents. Removal by the department of [such] the sign, display or device on the failure of [such] the owners to comply with [such] the notice and demand gives the department a right of action to recover the expense of [such] the removal, cost and expenses of suit.

      2.  Any person who erects or causes to be erected an outdoor advertising sign, display or device which violates the provisions of NRS 410.220 to 410.410, inclusive, shall pay to the department:

      (a) For the first violation, a fine of $50.

      (b) For the second violation, a fine of $250.

      (c) For the third or subsequent violation, a fine of $500 per violation; and

      (d) The reasonable costs of collection.

      Sec. 30.  NRS 467.158 is hereby amended to read as follows:

      467.158  1.  Except as otherwise provided in subsection 3, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed [$100,000,] $250,000, the commission may reinstate a revoked license.


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ê1993 Statutes of Nevada, Page 899 (Chapter 307, AB 235)ê

 

      2.  Except as otherwise provided in subsection 3, in lieu of revoking a license, as provided for in this chapter, the commission may prescribe a penalty, not to exceed [$100,000.] $250,000.

      3.  If the revocation or proposed revocation relates to:

      (a) The preparation for a contest or an exhibition of unarmed combat;

      (b) The occurrence of a contest or an exhibition of unarmed combat; or

      (c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,

the commission may prescribe a penalty not to exceed [$100,000] $250,000 or 10 percent of the purse for that contest or exhibition, whichever amount is greater.

      4.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the commission.

      Sec. 31.  NRS 489.381 is hereby amended to read as follows:

      489.381  The division may impose an administrative fine of not more than $500 per violation, deny, suspend or revoke any license issued under this chapter or reissue the license subject to reasonable conditions upon any of the grounds set forth in NRS 489.391 to 489.421, inclusive, which constitute grounds for disciplinary action. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the division.

      Sec. 32.  NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, or the regulations issued thereunder is guilty of a misdemeanor [.] and, in addition to any criminal penalty, shall pay to the department an administrative fine of not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the department.

      Sec. 33.  NRS 564.150 is hereby amended to read as follows:

      564.150  Any person violating any of the provisions of NRS 564.010 to 564.140, inclusive [, shall be] :

      1.  Is guilty of a misdemeanor, except that any person who violates the provisions of subsection 3 of NRS 564.140 is guilty of a gross misdemeanor.

      2.  In addition to any criminal penalty, shall pay to the department an administrative fine of not more than $1,000 per violation.

If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the department.

      Sec. 34.  NRS 565.170 is hereby amended to read as follows:

      565.170  Any person, firm or corporation violating any of the provisions of this chapter [shall be] :

      1.  Is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.

      2.  In addition to any criminal penalty, shall pay to the department an administrative fine of not more than $1,000 per violation.


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ê1993 Statutes of Nevada, Page 900 (Chapter 307, AB 235)ê

 

If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the department.

      Sec. 35.  NRS 566.045 is hereby amended to read as follows:

      566.045  Any person who violates any of the provisions of this chapter [shall be] is guilty of a gross misdemeanor [.] and, in addition to any criminal penalty, shall pay to the department an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the department.

      Sec. 36.  NRS 571.250 is hereby amended to read as follows:

      571.250  Any person violating the provisions of NRS 571.120 to 571.240, inclusive, or failing, refusing or neglecting to perform or observe any conditions, orders, rules or regulations prescribed by the state quarantine officer in accordance with the provisions of NRS 571.120 to 571.240, inclusive, is guilty of a misdemeanor [.] and, in addition to any criminal penalty, shall pay to the department an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the department.

      Sec. 37.  NRS 573.190 is hereby amended to read as follows:

      573.190  1.  Any person who [shall operate] operates a public livestock auction without a license [, as] required by this chapter, or who [shall violate] violates any of the provision of this chapter or of any rules or regulations lawfully issued pursuant to law, [shall be] is guilty of a misdemeanor [.] and, in addition to any criminal penalty, shall pay to the department an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the department.

      2.  Each day’s operation in which livestock is sold or exchanged at any unlicensed public livestock auction [shall constitute] constitutes a separate offense.

      Sec. 38.  NRS 613.050 is hereby amended to read as follows:

      613.050  1.  Any person, firm or corporation convicted of violating the provisions of NRS 613.040 to 613.070, inclusive, [upon conviction thereof] shall be punished by a fine of not more than [$500.] $5,000.

      2.  The penalty [shall] must be recovered in a suit brought for that purpose by the attorney general in the name of and for the benefit of the State of Nevada, but [no such prosecution shall] the prosecution must not be commenced later than 3 months after the commission of the offense described in NRS 613.040.

      3.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the attorney general.

      Sec. 39.  NRS 613.160 is hereby amended to read as follows:

      613.160  1.  It [shall be] is unlawful for any person, firm, association or corporation, or agent, superintendent or manager thereof, employing any special agent, detective or person commonly known as a spotter for the purpose of investigating, obtaining and reporting to the employer [,] or his agent, superintendent or manager information concerning his employees, to discipline or discharge any employee in his service, where [such] the act of discipline or the discharge is based upon a report by [such] a special agent, detective or spotter [, which report] which involves a question of integrity, honesty or a breach of rules of the employer, unless [such employer ,] the employer or his agent, superintendent or manager [shall give] gives notice and [accord] a hearing to the employee thus accused, when requested by the employee, at which hearing the accused employee [shall] must have the opportunity to [be confronted with] confront the person making [such] the report and [shall] must have the right to furnish testimony in his defense.


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ê1993 Statutes of Nevada, Page 901 (Chapter 307, AB 235)ê

 

purpose of investigating, obtaining and reporting to the employer [,] or his agent, superintendent or manager information concerning his employees, to discipline or discharge any employee in his service, where [such] the act of discipline or the discharge is based upon a report by [such] a special agent, detective or spotter [, which report] which involves a question of integrity, honesty or a breach of rules of the employer, unless [such employer ,] the employer or his agent, superintendent or manager [shall give] gives notice and [accord] a hearing to the employee thus accused, when requested by the employee, at which hearing the accused employee [shall] must have the opportunity to [be confronted with] confront the person making [such] the report and [shall] must have the right to furnish testimony in his defense.

      2.  Any person, corporation, firm, association or employer [violating] who violates any provision of this section [shall be] is liable to the State of Nevada for a penalty of [$500] $5,000 for each offense. [Such penalty shall] The penalty must be recovered and the suit must be brought in the name of the State of Nevada in a court of proper jurisdiction by the attorney general, or under his direction by the district attorney in any county having proper jurisdiction.

      3.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the attorney general or district attorney, as appropriate.

      Sec. 40.  NRS 613.200 is hereby amended to read as follows:

      613.200  Any person, association, company or corporation within this state, or any agent or officer on behalf of [such] the person, association, company or corporation, who [shall willfully do] willfully does anything intended to prevent any person who [shall have] for any cause left or [been] was discharged from his or its employ from obtaining employment elsewhere in this state shall be punished by a fine of not more than [$250.] $5,000. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the labor commissioner.

      Sec. 41.  NRS 675.440 is hereby amended to read as follows:

      675.440  1.  If the commissioner has reason to believe that grounds for revocation or suspension of a license exist, he shall give 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the commissioner shall [enter] :

      (a) Enter a written order either dismissing the charges, [or] revoking the license, or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. A copy of the order must be sent by registered or certified mail to the licensee.

      (b) Impose upon the licensee a fine of $500 for each violation by the licensee of any provision of this chapter or any lawful regulation adopted under it.

      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his investigative costs and attorney’s fees.

      3.  The grounds for revocation or suspension of a license are that:

      (a) The licensee has failed to pay the annual license fee;


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ê1993 Statutes of Nevada, Page 902 (Chapter 307, AB 235)ê

 

      (b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter or any lawful regulation adopted under it;

      (c) Any fact or condition exists which would have justified the commissioner in denying the licensee’s original application for a license hereunder; or

      (d) The applicant failed to open an office for the conduct of the business authorized under this chapter within 120 days from the date the license was issued, or has failed to remain open for the conduct of [such] the business for a period of 120 days without good cause therefor.

      4.  Any revocation or suspension [shall apply] applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.

      5.  An order suspending or revoking a license [shall become] becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      Sec. 42.  NRS 676.290 is hereby amended to read as follows:

      676.290  1.  The commissioner may, pursuant to the procedure provided in this chapter, deny, suspend or revoke any license for which application has been made or which has been issued under the provisions of this chapter if he finds, as to the licensee, its associates, directors or officers, grounds for action.

      2.  Any one of the following grounds may provide the requisite grounds for denial, suspension or revocation:

      (a) Conviction of a felony or of a misdemeanor involving moral turpitude.

      (b) Violation of any of the provisions of this chapter or regulations of the commissioner.

      (c) Fraud or deceit in procuring the issuance of the license.

      (d) Continuous course of unfair conduct.

      (e) Insolvency, filing in bankruptcy, receivership or assigning for the benefit of creditors by any licensee or applicant for a license under this chapter.

      (f) Failure to pay the fee for renewal or reinstatement of a license.

      3.  The commissioner shall, after notice and hearing, impose upon the licensee a fine of $500 for each violation by the licensee of any of the provisions of this chapter or regulations of the commissioner. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the commissioner.

      Sec. 43.  NRS 677.510 is hereby amended to read as follows:

      677.510  1.  If the commissioner has reason to believe that grounds for revocation or suspension of a license exist, he shall give 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the commissioner shall [enter] :

      (a) Enter a written order either dismissing the charges, or revoking the license, or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. A copy of [such] the order must be sent by registered or certified mail to the licensee.


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ê1993 Statutes of Nevada, Page 903 (Chapter 307, AB 235)ê

 

      (b) Impose upon the licensee a fine of $500 for each violation by the licensee of any provision of this chapter or any lawful regulation adopted pursuant thereto.

      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his investigative costs and attorney’s fees.

      3.  The grounds for revocation or suspension of a license are that:

      (a) The licensee has failed to pay the annual license fee;

      (b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter, or any lawful regulation [promulgated under this chapter;] adopted pursuant thereto;

      (c) Any fact or condition exists which would have justified the commissioner in denying the licensee’s original application for a license hereunder; or

      (d) The applicant failed to open an office for the conduct of the business authorized under this chapter within 120 days from the date the license was issued, or has failed to remain open for the conduct of the business for a period of 120 days without good cause therefor.

      4.  Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.

      5.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      Secs. 44 and 45.  (Deleted by amendment.)

      Sec. 46.  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, 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 [, permit or license,] or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of [$1,000] $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate [, permit or license] or driver’s permit granted by it or him, respectively, for:

      (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, 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, or any regulation of the taxicab authority or administrator.

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.


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ê1993 Statutes of Nevada, Page 904 (Chapter 307, AB 235)ê

 

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.

      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.

 

________

 

 

CHAPTER 308, AB 33

Assembly Bill No. 33—Committee on Government Affairs

CHAPTER 308

AN ACT relating to counties; increasing the number of members on certain county fair and recreation boards; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.603 is hereby amended to read as follows:

      244A.603  1.  In any county whose population is 400,000 or more, the county fair and recreation board consists of [11] 12 members selected as follows:

      (a) Two members by the board of county commissioners from their own number.

      (b) Two members by the governing body of the largest incorporated city in the county from their own number.

      (c) One member by the governing body of the second largest incorporated city in the county from their own number.

      (d) One member by the governing body of the third largest incorporated city in the county from their own number.

      (e) One member by the governing body of one of the other incorporated cities in the county from their own number.

      [(e)](f) Five members to be appointed by the members selected pursuant to paragraphs (a) [, (b), (c) and (d).] to (e), inclusive. These members must be selected from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members must be selected as follows:

             (1) Three members who are representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest city;


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 905 (Chapter 308, AB 33)ê

 

             (2) One member who is a representative of motel operators; and

             (3) One member who is a representative of other commercial interests.

      2.  In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph [(d)] (e) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city will be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.

      3.  Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.

      4.  After the initial appointments of members appointed pursuant to paragraph [(e)] (f) of subsection 1, all members must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business must be appointed to fill the unexpired term. Any such member may succeed himself.

      5.  The terms of members appointed pursuant to paragraphs (a) [, (b) and (c)] to (d), inclusive, of subsection 1 are coterminous with their terms of office. Any such member may succeed himself.

 

________

 

 

CHAPTER 309, AB 113

Assembly Bill No. 113—Committee on Natural Resources, Agriculture and Mining

CHAPTER 309

AN ACT relating to the state fire marshal; requiring the state fire marshal to establish a mobile training team to train volunteer firemen to respond to incidents involving hazardous materials; requiring the state fire marshal to conduct a study regarding the training of hazardous materials technicians, hazardous material specialists and on scene incident commanders; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

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 a new section to read as follows:

      1.  The state fire marshal shall establish a mobile training team to train volunteer firemen to respond to incidents involving hazardous materials.

      2.  The state fire marshal shall have the goal of providing to all volunteer firemen training in compliance with the requirements for the first responder awareness level set forth in 29 C.F.R. § 1910.120.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 906 (Chapter 309, AB 113)ê

 

      3.  As used in this section, “hazardous material” has the meaning ascribed to it in NRS 459.700.

      Sec. 2.  Section 1 of this act is hereby amended to read as follows:

       Section 1.  1.  The state fire marshal shall establish a mobile training team to train volunteer firemen to respond to incidents involving hazardous materials.

       2.  The state fire marshal shall have the goal of providing to all volunteer firemen training in compliance with the requirements for the first responder [awareness] operations level set forth in 29 C.F.R. § 1910.120.

       3.  As used in this section, “hazardous material” has the meaning ascribed to it in NRS 459.700.

      Sec. 3.  1.  The state fire marshal shall conduct a study of the feasibility of using the mobile training team established pursuant to section 1 of this act to provide to hazardous materials technicians, hazardous materials specialists and on scene incident commanders training in compliance with the requirements set forth in 29 C.F.R. § 1910.120.

      2.  The state fire marshal shall submit a report of the findings of the study to the director of the legislative counsel bureau for transmittal to the 68th session of the legislature.

      3.  As used in this section:

      (a) “Hazardous material” has the meaning ascribed to it in NRS 459.700.

      (b) “Hazardous materials specialist” has the meaning ascribed to it in 29 C.F.R. § 1910.120.

      (c) “Hazardous materials technician” has the meaning ascribed to it in 29 C.F.R. § 1910.120.

      (d) “On scene incident commander” has the meaning ascribed to it in 29 C.F.R. § 1910.120.

      Sec. 4.  1.  Section 2 of this act becomes effective on April 1, 1995.

      2.  This section and sections 1 and 3 of this act become effective on October 1, 1993.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 907ê

 

CHAPTER 310, AB 116

Assembly Bill No. 116—Committee on Natural Resources, Agriculture and Mining

CHAPTER 310

AN ACT relating to hazardous materials; authorizing the proration of the annual fee paid by owners of regulated facilities; requiring the owners of regulated facilities to submit certain information with payment of the annual fee; deleting an obsolete provision; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 459.3824 is hereby amended to read as follows:

      459.3824  1.  The [division shall charge and collect an inventory fee from each person who is required to register pursuant to the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. No. 99-499). The inventory fee is $100 and must be used by the division to cover the costs incurred in developing the inventory of regulated facilities pursuant to NRS 459.3828. Each such registrant shall pay the inventory fee one time only and is not required to pay an inventory fee for each separately located facility.

      2.  In addition, each registrant who is the] owner of a regulated facility shall pay to the division an annual fee based on the fiscal year. The annual fee for each [registrant] facility is the sum of a base fee set by the state environmental commission and any additional fee imposed by the commission pursuant to subsection [3.] 2. The annual fee must be prorated and may not be [prorated or refunded.

      3.] refunded.

      2.  The state environmental commission may impose an additional fee upon [each registrant who is] the owner of a regulated facility in an amount determined by the commission to be necessary to enable the division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive. The additional fee must be based on a graduated schedule adopted by the commission which takes into consideration the [volume] quantity of hazardous substances located at each facility.

      [4.]3.  After the [initial inventory and the] payment of the initial annual fee, the division shall send [each registrant who is] the owner of a regulated facility a fill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.

      4.  The owner of a regulated facility shall submit, with any payment required by this section, the number assigned by the department of taxation, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.

      5.  All fees collected pursuant to this section and any interest earned thereon must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents, which is hereby created as a special revenue fund.

      Sec. 2.  NRS 459.3826 is hereby amended to read as follows:

      459.3826  1.  Each owner or operator of a new regulated facility shall, within 10 days after the opening of the facility, tender the base fee and any additional fee imposed by the state environmental commission of the state department of conservation and natural resources pursuant to [subsection 2 of] NRS 459.3824 for the first fiscal year with the form for registration of the facility.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 908 (Chapter 310, AB 116)ê

 

additional fee imposed by the state environmental commission of the state department of conservation and natural resources pursuant to [subsection 2 of] NRS 459.3824 for the first fiscal year with the form for registration of the facility.

      2.  Each owner or operator of a regulated facility registering a new highly hazardous substance at the facility shall tender the fee computed from the inventory of the highly hazardous substance when he registers the substance.

 

________

 

 

CHAPTER 311, AB 168

Assembly Bill No. 168—Committee on Health and Human Services

CHAPTER 311

AN ACT relating to mentally ill persons; removing the restriction on the location at which certain medical examinations of allegedly mentally ill persons may be performed; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433A.165 is hereby amended to read as follows:

      433A.165  1.  Before an allegedly mentally ill person may be transported to a public or private mental health facility pursuant to NRS 433A.160, he must:

      (a) [Except as otherwise provided in subsection 2, first] First be examined by a licensed physician [at a licensed hospital at which the physician has been granted privileges] to determine whether [he] the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and

      (b) If such treatment is required, be admitted to a hospital for the appropriate medical care.

      2.  [If an allegedly mentally ill person is being examined in a county whose population is less than 400,000, he may be examined by a physician licensed in this state outside of a licensed hospital.

      3.]  The cost of the examination must be paid by the county in which the allegedly mentally ill person resides if services are provided at a county hospital located in that county or a hospital designated by that county, unless the cost is voluntarily paid by the allegedly mentally ill person or on his behalf, by his insurer or by a state or federal program of medical assistance.

      [4.]3.  The county may recover all or any part of the expenses paid by it, in a civil action against:

      (a) The person whose expenses were paid;

      (b) The estate of that person; or

      (c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 909 (Chapter 311, AB 168)ê

 

      [5.]4.  The cost of treatment, including hospitalization, for an indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally ill person resides.

 

________

 

 

CHAPTER 312, AB 301

Assembly Bill No. 301—Committee on Health and Human Services

CHAPTER 312

AN ACT relating to water pollution; revising the definition of “package plant for sewage treatment” to exclude certain systems; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445.168 is hereby amended to read as follows:

      445.168  1.  “Package plant for sewage treatment” means any plant which:

      (a) Consists of units or modules designed for construction, assembly, connection and installation at the site for treatment of sewage; and

      (b) Is privately owned and will be operated to treat waste water and sewage for a limited area.

      2.  The term does not include [a] :

      (a) A plant for the treatment of domestic sewage whose capacity is less than 5,000 gallons [.] per day;

      (b) Septic systems comprised of single or multiple septic tanks and leachfields; or

      (c) Systems operated for the pretreatment of industrial waste water before disposal to a publicly owned treatment plant.

 

________

 

 

CHAPTER 313, AB 406

Assembly Bill No. 406—Committee on Ways and Means

CHAPTER 313

AN ACT making an appropriation to the state board of examiners to restore the balance of certain accounts; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

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 state board of examiners the sum of $1,365,637 to be allocated as follows:

      1.  To the emergency account created pursuant to NRS 353.263 the sum of $29,883 to restore the account’s balance to approximately $400,000.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 910 (Chapter 313, AB 406)ê

 

      2.  To the stale claims account created pursuant to NRS 353.097 the sum of $770,133 to restore the account’s balance to approximately $900,000.

      3.  To the reserve for statutory contingency account created pursuant to NRS 353.264 the sum of $565,621 to restore the account’s balance to approximately $1,000,000.

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

 

________

 

 

CHAPTER 314, AB 407

Assembly Bill No. 407—Committee on Ways and Means

CHAPTER 314

AN ACT relating to public works; authorizing the use of alternative financing for the retrofitting of buildings occupied by state or local governmental entities to make the use of energy in the buildings more efficient; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  The governor shall designate one or more energy retrofit coordinators for the buildings occupied by the executive branch of government, including, without limitation, the state industrial insurance system, the University of Nevada System and the public employees’ retirement system.

      2.  The supreme court shall designate an energy retrofit coordinator for the buildings occupied by the judicial branch of state government.

      3.  The legislature, by concurrent resolution, shall designate an energy retrofit coordinator for the buildings occupied by the legislative branch of government. If the position becomes vacant at a time when the legislature is not in session, the legislative commission may designate a replacement.

      4.  The governor shall appoint a person who is trained in the management of facilities to assist the energy retrofit coordinator of the:

      (a) Judicial branch of government, upon request of the supreme court.

      (b) Legislative branch of government, upon request of the legislative commission.

A person appointed to assist an energy retrofit coordinator pursuant to this subsection shall provide all assistance requested including making recommendations for proposals for retrofitting buildings and any other assistance necessary to enable the coordinator to carry out the provisions of section 3 of this act.

      Sec. 3.  1.  Upon request by or consultation with an officer or employee of the state who is responsible for the budget of a department, board, commission, agency or other entity of the state, the appropriate energy retrofit coordinator may request the approval of the state board of examiners to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission, agency or other entity, to make the use of energy in the building, or portion thereof, more efficient.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 911 (Chapter 314, AB 407)ê

 

entity, to make the use of energy in the building, or portion thereof, more efficient.

      2.  Upon approval of the state board of examiners, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

      (a) The name and location of the coordinator;

      (b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

      (c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

      (d) The date and time not later than which proposals must be received by the coordinator; and

      (e) The date and time when responses will be opened.

      3.  The request for proposals must be published in at least one newspaper of general circulation in the state.

      4.  After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

      (a) The best interests of the state;

      (b) The experience and financial stability of the persons submitting the proposals;

      (c) Whether the proposals conform with the terms of the request for proposals;

      (d) The prices of the proposals; and

      (e) Any other factor disclosed in the request for proposals.

      5.  The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.

      6.  After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the board of examiners to award the contract. The request for approval must include the proposed method of financing the audit and retrofit which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the state to make payments beyond the biennium in which the contract is executed but the interest due on any debt created pursuant to this section must be paid at least semiannually, payments must be made on the principal at least annually and the debt must be fully repaid on or before May 1, 2013.

      7.  Before approving a retrofit pursuant to this section, the state board of examiners shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the state to make payments beyond the biennium in which the contract is executed to ensure that:

      (a) The amount of energy to be saved will likely justify the cost of the retrofit;

      (b) The state is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings; and

      (c) The limitation set forth in subsection 9 will not be exceeded.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 912 (Chapter 314, AB 407)ê

 

      8.  Upon approval of the state board of examiners, the coordinator shall execute the contract and notify:

      (a) The state board of examiners of the total amount of money committed by the contract per year; and

      (b) Each officer or employee who is responsible for the budget of a department, board, commission, agency or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

      9.  The total amount of money committed beyond the biennium for all contracts executed pursuant to this section must not exceed $5,000,000 at any one time.

      10.  The legislature hereby pledges that a tax will be levied to pay the principle and interest on any indebtedness resulting from a contract executed pursuant to this section as they become due if the required payments will not be made by the entity that executed the contract from its budgeted accounts and the proceeds from any such taxes are hereby specially appropriated for this purpose.

      11.  NRS 338.143 does not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.

      Sec. 4. 1.  The governing body of a local government may designate one or more energy retrofit coordinators for the buildings occupied by the local government.

      2.  If such a coordinator is designated, upon request by or consultation with an officer or employee of the local government who is responsible for the budget of a department, board, commission or other entity of the local government, the coordinator may request the approval of the governing body to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission or other entity, to make the use of energy in the building, or portion thereof, more efficient.

      3.  Upon approval of the governing body, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

      (a) The name and location of the coordinator;

      (b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

      (c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

      (d) The date and time not later than which proposals must be received by the coordinator; and

      (e) The date and time when responses will be opened.

      4.  The request for proposals must be published in at least one newspaper of general circulation in the county in which the local government is located.

      5.  After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

      (a) The best interests of the local government;

      (b) The experience and financial stability of the persons submitting the proposals;


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 913 (Chapter 314, AB 407)ê

 

      (c) Whether the proposals conform with the terms of the request for proposals;

      (d) The prices of the proposals; and

      (e) Any other factor disclosed in the request for proposals.

      6.  The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.

      7.  After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the governing body to award the contract. The request for approval must include the proposed method of financing the audit and retrofit which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body, or both.

      8.  Before approving a retrofit pursuant to this section, the governing body shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body to ensure that:

      (a) The amount of energy to be saved will likely justify the cost of the retrofit; and

      (b) The local government is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings.

      9.  Upon approval of the governing body, the coordinator shall execute the contract and notify each officer or employee who is responsible for the budget of a department, board, commission or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

      10.  NRS 338.143 does not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.

      Sec. 5.  NRS 338.143 is hereby amended to read as follows:

      338.143  1.  Except as otherwise provided in subsection 5 [,] and sections 3 and 4 of this act, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:

      (a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or

      (b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

      2.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 914 (Chapter 314, AB 407)ê

 

      3.  Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

      (a) The bidder is not responsive or responsible;

      (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

      (c) The public interest would be served by such a rejection.

      4.  Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the project;

      (d) An estimate of the total cost of the project; and

      (e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.

      5.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district; or

      (d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

      Sec. 6.  NRS 353.260 is hereby amended to read as follows:

      353.260  1.  It is unlawful for any state officer, commissioner, head of any state department or other employee, whether elected or appointed, to expend more money than the sum specifically appropriated by law for any such office, commission or department.

      2.  [It] Except as otherwise provided in section 3 of this act, it is unlawful for any state officer, commissioner, head of any department or employee of this state to bind, or attempt to bind, the State of Nevada or any fund or department thereof in any amount in excess of the specific amount provided by law, or in any other manner than that provided by law, for any purpose whatever.

      3.  Every claim allowed in violation of the provisions of this section shall be void.

      4.  Every officer of the State of Nevada, elective or appointive, who violates any of the provisions of this section shall be guilty of malfeasance in office.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 915 (Chapter 314, AB 407)ê

 

      5.  Every person other than those specified in subsection 4 who violates any of the provisions of this section shall be guilty of a misdemeanor.

      Sec. 7.  This act expires by limitation on May 1, 2013.

 

________

 

 

CHAPTER 315, AB 408

Assembly Bill No. 408—Committee on Ways and Means

CHAPTER 315

AN ACT relating to state buildings; requiring the establishment of a program to track the use of energy in buildings owned by the state; authorizing use of the program in certain other buildings; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The superintendent shall establish a program to track the use of energy in buildings owned by the state and may establish such a program, where appropriate, for other buildings occupied by a state agency.

      2.  The program established pursuant to this section must:

      (a) Record utility bills for each building for each month and preserve those records indefinitely;

      (b) Allow for the comparison of utility bills for a building from month to month and year to year;

      (c) Allow for the comparison of utility bills between buildings, including comparisons between similar buildings or types of buildings;

      (d) Allow for adjustments to the information based upon variations in weather conditions, the length of the billing period and other changes in relevant conditions;

      (e) Facilitate identification of errors in utility bills and meter readings;

      (f) Allow for the projection of costs for energy for a building; and

      (g) Identify energy and cost savings associated with efforts to conserve energy.

      3.  The superintendent may apply for any available grants and accept any gifts, grants or donations to assist in establishing and carrying out the program.

      4.  To the extent that there is not sufficient money available for the support of the program, each state agency that occupies a building in which the use of energy is tracked pursuant to the program shall reimburse the buildings and grounds division for the agency’s proportionate share of the unfunded portion of the cost of the program. The reimbursement must be based upon the energy consumption of the respective state agencies that occupy buildings in which the use of energy is tracked.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 916 (Chapter 315, AB 408)ê

 

      Sec. 2.  NRS 331.010 is hereby amended to read as follows:

      331.010  [The following words shall have the following meaning within the purview of] As used in NRS 331.010 to 331.150, inclusive, and [shall be so construed:] section 1 of this act:

      1.  “Buildings and grounds division” means the buildings and grounds division of the department of general services.

      2.  “Director” means the director of the department of general services.

      3.  “Superintendent” means the chief of the buildings and grounds division.

      Sec. 3.  This act becomes effective on July 1, 1993

 

________

 

 

CHAPTER 316, AB 459

Assembly Bill No. 459—Assemblyman Gibbons (by request)

CHAPTER 316

AN ACT relating to health care records; expanding the definition of “health care records” to include information stored electronically; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 629.021 is hereby amended to read as follows:

      629.021  “Health care records” means any [written] reports, notes, orders, photographs, X-rays or other [written record] recorded data or information whether maintained in written, electronic or other form which is received or produced by a provider of health care, or any person employed by him, [which] and contains information relating to the medical history, examination, diagnosis or treatment of the patient.

      Sec. 2.  NRS 629.051 is hereby amended to read as follows:

      629.051  Each provider of health care shall retain the health care records of his patients as part of his regularly maintained records for 5 years after their receipt or production. Health care records may be retained in written form, or by microfilm or any other recognized form of size reduction , including, without limitation, microfiche, computer disc, magnetic tape and optical disc, which does not adversely affect their use for the purposes of NRS 629.061. Health care records may be created, authenticated and stored in a computer system which limits access to those records.

 

________

 

 


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 917ê

 

CHAPTER 317, AB 503

Assembly Bill No. 503—Committee on Health and Human Services

CHAPTER 317

AN ACT relating to welfare; authorizing the welfare division of the department of human resources to recover benefits paid for assistance to the medically indigent; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Except as otherwise provided in this section, the welfare division may, to the extent it is not prohibited by federal law and where circumstances allow:

      (a) Recover benefits correctly paid for assistance to the medically indigent from:

             (1) The estate of the person who received those benefits; and

             (2) The estate of the surviving spouse of the person who received those benefits.

      (b) Recover from the recipient of assistance to the medically indigent or the person who signed the application for assistance to the medically indigent on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:

             (1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or

             (2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.

      2.  The welfare division shall not recover benefits pursuant to paragraph (a) of subsection 1 until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      3.  Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of assistance to the medically indigent is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.

      4.  The amount of assistance to the medically indigent paid to or on behalf of a person is a claim, against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      5.  The administrator may elect not to file a claim against the estate of a recipient of assistance to the medically indigent or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The board shall adopt regulations defining the circumstances that constitute an undue hardship.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 918 (Chapter 317, AB 503)ê

 

      6.  Any recovery of money obtained pursuant to this section must be applied first to the costs of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.

      Sec. 3.  Each application for assistance to the medically indigent must include:

      1.  A statement that any assistance paid to a recipient may be recovered in an action filed against the estate of the recipient or his spouse; and

      2.  A statement that any person who signs an application for assistance to the medically indigent and fails to report:

      (a) Any required information to the welfare division which he knew at the time he signed the application; or

      (b) Within the period allowed by the welfare division, any required information to the welfare division which he obtained after he filed the application, may be personally liable for any money incorrectly paid to the recipient.

      Sec. 4.  NRS 150.220 is hereby amended to read as follow:

      150.220  The debts and charges of the estate [shall] must be paid in the following order:

      1.  Funeral expenses.

      2.  The expenses of the last sickness.

      3.  Family allowance.

      4.  Debts having preference by laws of the United States.

      5.  Money owed to the department of human resources as a result of the payment of benefits for assistance to the medically indigent.

      6.  Wages to the extent of $600, of each employee of the decedent, for work done or personal services rendered within 3 months [prior to] before the death of the employer. If there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.

      [6.]7.  Judgments rendered against the deceased in his lifetime, and mortgages in order of their date. The preference given to a mortgage [shall] must only extend to the proceeds of the property mortgaged. If the proceeds of such property [be] are insufficient to pay the mortgage, the part remaining unsatisfied [shall] must be classed with other demands against the estate.

      [7.]8.  All other demands against the estate.

 

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ê1993 Statutes of Nevada, Page 919ê

 

CHAPTER 318, AB 530

Assembly Bill No. 530—Assemblymen Neighbors, Carpenter, Hettrick, Segerblom and Marvel

CHAPTER 318

AN ACT relating to evidentiary proceedings; revising the statutory provisions that govern the amount of money that must be paid to jurors and witnesses for their service and travel; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving, is entitled to a fee of $9 for each day he is in attendance in response to the venire or summons, [which includes] including Sundays and holidays.

      2.  Each grand juror and trial juror in the district court or justice’s court actually sworn and serving is entitled to a fee of $15 a day, or $30 a day after 5 days, as [full] compensation for each day of service.

      3.  [Each] In addition to the fees specified in subsections 1 and 2, a board of county commissioners may provide that, for each day of such attendance or service, each person is entitled to be paid a per diem allowance in an amount equal to the allowance for meals provided for state officers and employees generally while away from the office and within this state pursuant to subsection 1 of NRS 281.160.

      4.  Except as otherwise provided in this section, each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court and each grand juror and trial juror in the district court or justice’s court is entitled to receive 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled, the person is entitled to be paid an amount equal to the allowance for travel by private conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160. Where the mileage does not exceed 1 mile, [no allowance may] an allowance must not be made [therefor.] for that mileage pursuant to this subsection.

      5.  If the home of a person summoned or serving as such a juror is 60 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, he is entitled to receive an allowance for lodging at the rate provided by law for state employees, in addition to his daily compensation for attendance or service, for each day on which he does not return to his home.

      [4.] 6.  In civil cases, [the] any fee, per diem [of] allowance or other compensation due each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury. If the party paying [these fees] this money is the prevailing party, the [fees are] money is recoverable as costs from the losing party. If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the [fees] money so paid [are] is recoverable as costs from the losing party.


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ê1993 Statutes of Nevada, Page 920 (Chapter 318, AB 530)ê

 

without finding a verdict and the party who demands the jury subsequently obtains judgment, the [fees] money so paid [are] is recoverable as costs from the losing party.

      [5.  The fees]

      7.  The money paid by the county clerk to jurors for their services in a civil action or proceeding (which he has received from the party demanding the jury) must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.

      Sec. 2.  NRS 50.225 is hereby amended to read as follows:

      50.225  1.  [Witnesses required to attend in the courts of this state are entitled to receive the following compensation:

      (a)] For attending the courts of this state in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpena, each witness is entitled:

      (a) To be paid a fee of $25 for each day’s attendance, including Sundays and holidays.

      (b) [Mileage must] Except as otherwise provided in this paragraph, to be paid [witnesses] for attending courts of the county in which they reside at the rate of 19 cents a mile for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route.

      [(c)] A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which they reside, each such person is entitled to be paid an amount equal to the allowance for travel by private conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160. If the board so provides, each witness at any other hearing or proceeding held in that county who is entitled to receive the payment for mileage specified in this paragraph must be paid mileage in an amount equal to the allowance for travel by private conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160.

      2.  In addition to the fee and payment for mileage specified in subsection 1, a board of county commissioners may provide that, for each day of attendance in a court of the county in which he resides, each witness is entitled to be paid a per diem allowance in an amount equal to the per diem allowance provided for state officers and employees generally while away from the office and within this state pursuant to subsection 1 of NRS 281.160. If the board so provides, each witness at any other hearing or proceeding held in that county who is a resident of that county and who is entitled to receive the fee specified in paragraph (a) of subsection 1, must be paid, in addition to that fee, a per diem allowance in an amount equal to the per diem allowance provided in this subsection.

      3.  If a witness is from without the county, or, being a resident of another state, voluntarily appears as a witness at the request of the attorney general or the district attorney and the board of county commissioners of the county in which the court is held, he is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held.


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ê1993 Statutes of Nevada, Page 921 (Chapter 318, AB 530)ê

 

is held. He is also entitled to receive the same allowances for subsistence and lodging as are provided for state officers and employees generally.

      [2] 4.  Any person in attendance at a trial who is sworn as a witness is entitled to the fees [and] , the per diem allowance, if any, travel expenses and any other reimbursement set forth in [subsection 1,] this section, irrespective of the service of a subpena.

      [3] 5.  Witness fees , per diem allowances, travel expenses and other reimbursement in civil cases must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs [may] must not be allowed for more than two witnesses to the same fact or series of facts, [nor may] and a party plaintiff or defendant must not be allowed any fees [or mileage] , per diem allowance, travel expenses or other reimbursement for attendance as a witness in his own behalf.

      [4] 6.  No person is obligated to testify in a civil action or proceeding unless he has been paid an amount equal to 1 day’s fees , the per diem allowance provided by the board pursuant to subsection 2, if any, and the travel expenses reimbursable pursuant to this section.

 

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CHAPTER 319, AB 553

Assembly Bill No. 553—Committee on Health and Human Services

CHAPTER 319

AN ACT relating to hospitals; increasing the compensation of certain hospital trustees; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 450.130 is hereby amended to read as follows:

      450.130  1.  In counties [having a population of] whose population is less than 100,000, a hospital trustee is entitled to receive a salary as follows:

      (a) The chairman and secretary of the board of hospital trustees are entitled to receive [$20] $60 for each board meeting which they attend, which sum is not to exceed [$40] $120 per month.

      (b) The other trustees are entitled to receive [$15] $55 for each board meeting they attend, which sum is not to exceed [$30] $110 per month.

      2.  In any county [having a population of] whose population is 100,000 or more, a hospital trustee, subject to the provisions of subsection 3, is entitled to receive a salary of [$50] $100 per month and the chairman of the board of hospital trustees is entitled to receive a salary of [$100] $200 per month.

      3.  Before any hospital trustee is entitled to any compensation as provided in subsection 2, he [shall] must first have devoted a minimum of 1 day during the month exclusively to the business and affairs of the hospital, exclusive of regular meetings of the board of hospital trustees.

      4.  Any trustee of any county hospital is entitled to receive reimbursement for any cash expenditures actually made for personal expenses incurred as a trustee.


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ê1993 Statutes of Nevada, Page 922 (Chapter 319, AB 553)ê

 

trustee. An itemized statement of all those expenses and money paid out must be made under oath by each of the trustees and filed with the secretary. An itemized statement may be allowed only by an affirmative vote of all trustees present at a meeting of the board.

      5.  In counties where the county commissioners are the board of hospital trustees, they shall serve without compensation, but are allowed the per diem allowance and traveling expenses fixed by law.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

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CHAPTER 320, AB 634

Assembly Bill No. 634—Committee on Ways and Means

CHAPTER 320

AN ACT relating to venture capital; delaying the prospective expiration of certain provisions concerning the establishment of a program for investment in new enterprises; and providing other matters properly relating thereto.

 

[Approved June 28, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1 of chapter 631, Statutes of Nevada 1991, at page 2078, is hereby amended to read as follows:

       Section 1.  1.  There is hereby appropriated from the state general fund to the director of the department of commerce the sum of $50,000 to develop or contract for the development of a plan for a program for the use of public and private money as capital for investment in new enterprises.

       2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1993,] 1994, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 2.  Section 4 of chapter 631, Statutes of Nevada 1991, at page 2079, is hereby amended to read as follows:

       Sec. 4.  This act becomes effective upon passage and approval and expires by limitation on July 1, [1993.] 1994.

      Sec. 3.  This act becomes effective upon passage and approval.

 

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ê1993 Statutes of Nevada, Page 923