κ1999 Statutes of Nevada, Page 2177κ
Assembly Bill No. 633Committee on Commerce and Labor
CHAPTER 462
AN ACT relating to contractors; establishing a program for the issuance of a license in an expedited manner; establishing a fee; establishing an inactive status for a contractors license; authorizing the state contractors board to prescribe a fee; making various changes relating to the grounds for disciplinary action; prohibiting the unauthorized use, copying or reproduction of the seal of the state contractors board; making various changes with respect to a monetary limit on a contractors license; expanding certain requirements concerning experience, knowledge, financial responsibility and good character with respect to applicants and licensed contractors; providing for notification to the board by a surety within a certain time after an action is commenced by or against the surety; establishing provisions relating to the suspension or revocation of the license of a contractor if a surety pays a claim against the bond of the licensed contractor; increasing the amount of certain fees that the board may charge; amending certain requirements for a hearing if the board summarily suspends the license of a contractor; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. The board may establish a program for the issuance of a license in an expedited manner. The board shall not allow the operation of the program for the issuance of a license in an expedited manner to affect adversely the amount of time the board requires to issue any other contractors license.
Sec. 3. 1. If an applicant wishes to have his license issued in an expedited manner, he must pay a fee for an application equal to two times the amount of the fee regularly paid for an application pursuant to subsection 1 of NRS 624.280.
2. The applicant must pay one-half of the fee required pursuant to subsection 1 when he submits the application and the other one-half of the fee when the board issues the license.
3. In addition to the fee required pursuant to subsection 1, the applicant shall reimburse the board for the actual costs and expenses incurred by the board in processing the application.
4. The board shall adopt regulations prescribing the procedures for making an application pursuant to this section.
Sec. 4. 1. A contractor may apply to the board to have his license placed on inactive status. The board may grant the application if the license is in good standing and the licensee has met all requirements for the issuance or renewal of a contractors license as of the date of the application.
2. If the application is granted, the licensee shall not engage in any work or activities that require a contractors license in this state unless he is returned to active status.
3. A person whose license has been placed on inactive status pursuant to this section is exempt from:
κ1999 Statutes of Nevada, Page 2178 (Chapter 462, AB 633)κ
(a) The requirement to execute and maintain a bond pursuant to NRS 624. 270; and
(b) The requirement to qualify in regard to his experience and knowledge pursuant to NRS 624.260.
4. The inactive status of a license is valid for 5 years after the date that the inactive status is granted.
5. The board shall not refund any portion of the renewal fee of a contractors license that was paid before the license was placed on inactive status.
6. The board shall adopt regulations prescribing the:
(a) Procedures for making an application pursuant to this section;
(b) Procedures and terms upon which a person whose license has been placed on inactive status may resume work or activities that require a contractors license; and
(c) Fees for the renewal of the inactive status of a license.
Sec. 4.5. The following acts or omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300:
1. Contracting, offering to contract or submitting a bid as a contractor if the contractors license:
(a) Has been suspended or revoked pursuant to NRS 624.300; or
(b) Is inactive.
2. The suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state if the contractor is licensed in this state or applies for a license in this state. A certified copy of the suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state is conclusive evidence of that action.
Sec. 5. NRS 624.120 is hereby amended to read as follows:
624.120 The board shall adopt a seal for its own use. The seal must have imprinted thereon the words State Contractors Board, State of Nevada. The executive officer has the care and custody of the seal. A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the board.
Sec. 6. NRS 624.220 is hereby amended to read as follows:
624.220 1. The board [may] shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the board.
2. The board [may] shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractors license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit [, if any,] must be determined after consideration of the factors set forth in NRS 624.260, 624.263 and 624.265 [.] and any other factors that the board determines are necessary to assess or project the future financial solvency of the contractor.
κ1999 Statutes of Nevada, Page 2179 (Chapter 462, AB 633)κ
the board determines are necessary to assess or project the future financial solvency of the contractor.
3. A licensed contractor may request that the board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the board pursuant to this subsection must be in writing on a form prescribed by the board and accompanied by such supporting documentation as the board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.
4. Nothing contained in this section prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
Sec. 7. NRS 624.260 is hereby amended to read as follows:
624.260 1. The board shall require an applicant or licensee to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the [rudimentary] administrative principles of the contracting business as the board deems necessary for the safety and protection of the public.
2. An applicant or licensee may qualify in regard to his experience and knowledge in the following ways:
(a) If a natural person, he may qualify by personal appearance or by the appearance of his responsible managing employee.
(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.
If an applicant or licensee intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensee shall submit to the board such information as the board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant or licensee relating to construction.
3. The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he is a bona fide member or employee of that person or firm and when his principal or employer is actively engaged as a contractor shall exercise authority in connection with his principal or employers contracting business in the following manner:
(a) To make technical and administrative decisions;
(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or through others, or effectively to recommend such action on behalf of his principal or employer; and
(c) To devote himself solely to his principal or employers business and not to take any other employment which would conflict with his duties under this subsection.
κ1999 Statutes of Nevada, Page 2180 (Chapter 462, AB 633)κ
4. A natural person may not qualify on behalf of another for more than one active license unless:
(a) One person owns at least 25 percent of each licensee for which he qualifies; or
(b) One licensee owns at least 25 percent of the other licensee.
5. Except as otherwise provided in subsection 6, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the 10 years immediately preceding the filing of his application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which he is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program accepted by the board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
6. If the applicant who is applying for licensure has previously qualified for a contractors license in the same classification in which he is applying for licensure, the experience required pursuant to subsection 5 need not be accrued within the 10 years immediately preceding the application.
7. As used in this section, journeyman means a person who:
(a) Is fully qualified to perform, without supervision, work in the classification in which he is applying for licensure; or
(b) Has successfully completed:
(1) A program of apprenticeship for the classification in which he is applying for licensure that has been approved by the state apprenticeship council; or
(2) An equivalent program accepted by the board.
Sec. 8. NRS 624.265 is hereby amended to read as follows:
624.265 An applicant for a contractors license or a licensed contractor and each officer, director, partner and associate thereof [shall] must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof , has:
1. Committed any act which [, if committed by any licensed contractor,] would be grounds for the denial, suspension or revocation of a contractors license;
2. A bad reputation for honesty and integrity;
3. Entered a plea of nolo contendere, guilty or guilty but mentally ill to, been found guilty of or been convicted of a misdemeanor, felony or crime involving moral turpitude arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
4. Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.
κ1999 Statutes of Nevada, Page 2181 (Chapter 462, AB 633)κ
Sec. 9. NRS 624.273 is hereby amended to read as follows:
624.273 1. Each bond or deposit required by NRS 624.270 must be in favor of the State of Nevada for the benefit of any person who:
(a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform the contract or to remove liens filed against the property;
(b) As an employee of the contractor performed labor on or about the site of the construction covered by the contract;
(c) As a supplier or materialman furnished materials or equipment for the construction covered by the contract; or
(d) Is injured by any unlawful act or omission of the contractor in the performance of a contract.
2. Any person claiming against the bond or deposit may bring an action in a court of competent jurisdiction on the bond or against the board on the deposit for the amount of damage he has suffered to the extent covered by the bond or deposit. [A person who brings action on a bond shall notify the board in writing upon filing the action.] No action may be commenced on the bond or deposit 2 years after the commission of the act on which the action is based. If an action is commenced on the bond, the surety that executed the bond shall notify the board of the action within 30 days after the date that:
(a) The surety is served with a complaint and summons; or
(b) The action is commenced,
whichever occurs first.
3. Upon receiving a request from a person for whose benefit a bond or deposit is required, the board shall notify him that:
(a) A bond is in effect or that a deposit has been made, and the amount of either;
(b) There is an action against a bond, if that is the case, and the court, the title and number of the action and the amount sought by the plaintiff; and
(c) There is an action against the board, if that is the case, and the amount sought by the plaintiff.
4. If a surety, or in the case of a deposit, the board, desires to make payment without awaiting court action, the amount of the bond or deposit must be reduced to the extent of any payment made by the surety or the board in good faith under the bond or deposit. Any payment must be based on written claims received by the surety or board before the court action.
5. The surety or the board may bring an action for interpleader against all claimants upon the bond or deposit. If [it does so, it must] an action for interpleader is commenced, the surety or the board must serve each known claimant and publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the contractor has his principal place of business. The surety [or the board] is entitled to deduct its costs of the action, including [attorneys fees and] publication, from its liability under the bond . [or] The board is entitled to deduct its costs of the action, including attorneys fees and publication, from the deposit.
6. A claim of any employee of the contractor for labor is a preferred claim against a bond or deposit. If any bond or deposit is insufficient to pay all claims for labor in full, the sum recovered must be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
κ1999 Statutes of Nevada, Page 2182 (Chapter 462, AB 633)κ
Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
7. Claims, other than claims for labor, against a bond or deposit have equal priority, except where otherwise provided by law, and if the bond or deposit is insufficient to pay all of those claims in full, they must be paid pro rata. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
Sec. 10. NRS 624.275 is hereby amended to read as follows:
624.275 1. [The] With respect to a surety bond that a licensed contractor maintains in accordance with NRS 624.270:
(a) The surety shall give prompt notice to the board of any claims paid against the bond of the licensed contractor.
(b) The surety may cancel the bond upon giving 60 days notice to the board and to the contractor by certified mail.
2. Upon receipt by the board of the notice described in paragraph (a) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the board.
3. Upon receipt by the board of the notice [,] described in paragraph (b) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation.
4. The notice mailed to the contractor by the board pursuant to subsection 2 or 3 must be [by certified mail] addressed to his latest address of record in the office of the board.
[2.] 5. If the contractor does not comply with the requirements of the notice from the board, his license must be suspended or revoked on the date [the] :
(a) Set by the board, if the notice was provided to the contractor pursuant to subsection 2; or
(b) The bond is canceled [.] , if the notice was provided to the contractor pursuant to subsection 3.
Sec. 11. NRS 624.280 is hereby amended to read as follows:
624.280 The board may adopt regulations fixing the fee for an application, the fee for an examination and the annual fee for a license to be paid by applicants and licensees . [, but no such fee may] Except as otherwise provided in section 3 of this act, the fee for:
1. An application must not exceed $550.
2. A license must not exceed $450 annually.
3. An examination must not exceed $300.
Sec. 12. NRS 624.3015 is hereby amended to read as follows:
624.3015 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor beyond the scope of the license.
2. Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the board.
κ1999 Statutes of Nevada, Page 2183 (Chapter 462, AB 633)κ
3. Knowingly entering into a contract with a contractor while that contractor is not licensed, or bidding to contract or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.
4. Constructing or repairing a mobile home, manufactured home or commercial coach, unless the contractor:
(a) Is licensed pursuant to NRS 489.311; or
(b) Owns, leases or rents the mobile home, manufactured home or commercial coach.
5. Engaging in any work or activities that require a contractors license while the license is placed on inactive status pursuant to section 4 of this act.
Sec. 13. NRS 624.310 is hereby amended to read as follows:
624.310 1. Except as otherwise provided in subsection 4, if the board refuses to issue or renew a license, suspends or revokes a license or imposes an administrative fine pursuant to NRS 624.235, the board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 30 days before the date fixed for the hearing.
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.
3. The hearing must be public if a request is made therefor.
4. The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, [a] the board must notify the contractor by certified mail. A hearing must be held within 30 days after the suspension [.] if the contractor submits a written request for a hearing to the board within 20 days after the board summarily suspends his license.
________
κ1999 Statutes of Nevada, Page 2184κ
Assembly Bill No. 631Committee on Elections, Procedures, and Ethics
CHAPTER 463
AN ACT relating to the state legislature; establishing certain limitations on the drafting of requests for legislation; authorizing the appointment of committees to conduct certain activities before the commencement of a regular session; making various changes regarding expenditures from the legislative fund; repealing the provisions requiring the submission of joint resolutions to the governor for approval; clarifying references to certain standing committees; revising the duties of the legislative counsel regarding administrative regulations; revising certain provisions governing fiscal notes concerning legislative measures; making various changes regarding the dissemination of certain budgetary information; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided by specific statute or concurrent resolution of the legislature, the legislative counsel shall honor:
(a) The number of requests for the drafting of a bill or resolution for a regular session of the legislature only as provided in NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act.
(b) A request for the drafting of a bill or resolution for a regular session of the legislature only if the request is received by the legislative counsel on or before December 15 preceding the commencement of that session.
(c) A request for the drafting of a bill or resolution for any session of the legislature which is submitted by a state agency, board or department, a local government, the judiciary or another authorized nonlegislative requester only if the request is in a subject related to the function of the requester.
2. The legislative counsel shall not:
(a) Assign a number to a request for the drafting of a bill or resolution for any session of the legislature to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
(b) Honor a request to change the subject matter of a request for the drafting of a bill or resolution for any session of the legislature after it has been submitted for drafting.
(c) Honor a request for the drafting of a bill or resolution for any session of the legislature which has been combined in violation of section 17 of article 4 of the Nevada constitution.
Sec. 3. 1. Each:
(a) Incumbent assemblyman may request the drafting of not more than 5 legislative measures submitted to the legislative counsel before September 1 preceding the commencement of a regular session of the legislature and not more than 5 legislative measures submitted to the legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
κ1999 Statutes of Nevada, Page 2185 (Chapter 463, AB 631)κ
legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
(b) Incumbent senator may request the drafting of not more than 10 legislative measures submitted to the legislative counsel before September 1 preceding the commencement of a regular session of the legislature and not more than 10 legislative measures submitted to the legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
(c) Newly elected assemblyman may request the drafting of not more than 5 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.
(d) Newly elected senator may request the drafting of not more than 10 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.
2. In addition to the number authorized pursuant to subsection 1:
(a) The chairman of each standing committee of the immediately preceding regular legislative session, or a person designated in the place of the chairman by the speaker of the assembly or the majority leader of the senate, as the case may be, may request before the commencement of the next regular legislative session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 legislative measures that were referred to the respective standing committee during the immediately preceding regular legislative session.
(b) A person designated after a general election as a chairman of a standing committee for the next regular legislative session, or a person designated in the place of a chairman by the person designated as the speaker of the assembly or majority leader of the senate for the next regular legislative session, may request before the commencement of the next regular legislative session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chairman or designee.
Sec. 4. 1. In addition to the number authorized pursuant to section 3 of this act:
(a) The speaker of the assembly and the majority leader of the senate may each request before or during a regular legislative session, without limitation, the drafting of not more than 15 legislative measures for that session.
(b) The minority leader of the assembly and the minority leader of the senate may each request before or during a regular legislative session, without limitation, the drafting of not more than 10 legislative measures for that session.
(c) A person designated after a general election as the speaker of the assembly, the majority leader of the senate, the minority leader of the assembly or the minority leader of the senate for the next regular legislative session may request the drafting of the remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.
κ1999 Statutes of Nevada, Page 2186 (Chapter 463, AB 631)κ
legislative measures allowed for the respective officer that were not requested by the previous officer.
2. The secretary of the senate and the chief clerk of the assembly may request before or during a regular legislative session, without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.
Sec. 5. 1. The chairman of the legislative commission may request the drafting of not more than 15 legislative measures before the commencement of a regular legislative session, with the approval of the commission, which relate to the affairs of the legislature or its employees, including measures requested by the legislative staff.
2. The chairman of the interim finance committee may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, with the approval of the committee, which relate to matters within the scope of the committee.
3. Except as otherwise provided by specific statute or concurrent resolution of the legislature:
(a) Any other legislative committee created by statute may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, which relate to matters within the scope of the committee.
(b) An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, which relate to matters within the scope of the study or investigation, except that such a committee may request the drafting of additional legislative measures before the commencement of a regular legislative session if the legislative commission approves each additional request by a majority vote.
(c) Any other committee established by the legislature which conducts an interim legislative study may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, which relate to matters within the scope of the study.
Sec. 6. 1. The governor or his designated representative may transmit to the legislative counsel before September 1 preceding a regular legislative session not more than 125 requests for the drafting of legislative measures approved on behalf of state agencies, boards and departments of the executive branch of state government pursuant to subsection 1 of NRS 218.245.
2. The department of administration may request on or before the 19th day of the legislative session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the governor and to provide for the fiscal management of the state.
3. The following constitutional officers may request the drafting of not more than the following numbers of legislative measures before September 1 preceding a regular legislative session:
Lieutenant governor................................................................................... 2
Secretary of state......................................................................................... 8
κ1999 Statutes of Nevada, Page 2187 (Chapter 463, AB 631)κ
State treasurer.............................................................................................. 5
State controller............................................................................................ 5
Attorney general........................................................................................ 25
4. The board of regents of the University of Nevada may request the drafting of not more than 5 legislative measures on behalf of the University and Community College System of Nevada before September 1 preceding a regular legislative session.
Sec. 7. If the governor elects to communicate the message required pursuant to section 10 of article 5 of the Nevada constitution before the commencement of a regular session of the legislature, the chairman of the legislative commission may, on behalf of the legislative commission pursuant to subsection 5 of NRS 218.682, appoint a special committee to receive that message. A special committee appointed pursuant to this section:
1. Must consist of all persons elected or appointed to serve as a senator or assemblyman during the next ensuing regular session of the legislature.
2. Must be chaired by the speaker designate of the assembly.
3. Shall receive the governors message and conclude its activities upon the completion of that message.
Sec. 8. The legislative commission may, pursuant to subsection 5 of NRS 218.682, appoint one or more special committees before the commencement of a regular session of the legislature. Each special committee appointed pursuant to this section:
1. Must consist of all persons designated by the:
(a) Speaker designate of the assembly to serve as members of an assembly standing committee, other than the assembly standing committee on ways and means, for the next ensuing regular session of the legislature; or
(b) Majority leader designate of the senate to serve as members of a senate standing committee, other than the senate standing committee on finance, for the next ensuing regular session of the legislature.
2. May meet to consider issues that may require consideration during the next ensuing session by the standing committee upon which the members of the special committee have been designated to serve.
3. Shall conclude its activities before the commencement of the next ensuing session.
Sec. 9. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a special revenue fund for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund must be provided by legislative appropriation from the state general fund.
3. Expenditures from the legislative fund may be made for:
(a) The payment of necessary [operating] expenses of the senate;
(b) The payment of necessary [operating] expenses of the assembly;
(c) The payment of [the] necessary improvements to the legislative building and its grounds;
κ1999 Statutes of Nevada, Page 2188 (Chapter 463, AB 631)κ
(d) The payment of expenses for the interim operation of the legislature; and
(e) The payment of necessary [operating] expenses of, but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The audit division;
(5) The fiscal analysis division; and
(6) The administrative division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. [Except as otherwise provided in NRS 218.644, all] All money in the legislative fund must be paid out on claims approved by the director of the legislative counsel bureau or his designee . [as other claims against the state are paid.]
Sec. 10. NRS 218.130 is hereby amended to read as follows:
218.130 The number of officers and employees of the senate [shall] must be determined by each session of the senate as recommended by the senate committee [on] which has jurisdiction of issues relating to legislative functions.
Sec. 11. NRS 218.160 is hereby amended to read as follows:
218.160 The number of officers and employees of the assembly [shall] must be determined by each session of the assembly as recommended by the assembly committee [on] which has jurisdiction of issues relating to legislative functions.
Sec. 12. NRS 218.210 is hereby amended to read as follows:
218.210 [1. Each senator elected before November 4, 1986, or appointed to succeed a senator elected before November 4, 1986, is entitled to receive as compensation $104 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
2.] Each senator and assemblyman [elected on or after November 4, 1986, or appointed to succeed a senator or assemblyman elected on or after November 4, 1986,] is entitled to receive as compensation $130 per day for each day of service:
[(a)] 1. During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
κ1999 Statutes of Nevada, Page 2189 (Chapter 463, AB 631)κ
[(b)] 2. During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
Sec. 13. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance , not to exceed the [greater of:
(1) The rate of $44; or
(2) The] maximum rate established by the Federal Government for the [locality in which the travel is performed,] Carson City area, for one days travel to and one days travel from the session or conference.
(b) Travel expenses.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving to and from Carson City for the session;
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; and
(3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.
4. Each senator and assemblyman is entitled to receive a per diem expense allowance , not to exceed the [greater of:
(a) The rate of $44; or
(b) The] maximum rate established by the Federal Government for the [locality in which the travel is performed,] Carson City area, for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
κ1999 Statutes of Nevada, Page 2190 (Chapter 463, AB 631)κ
which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.
7. Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,
if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.
8. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
9. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
10. [Except as otherwise provided in NRS 218.644, claims] Claims for expenses made under the provisions of this section must be [made as other claims are made against the state, and must be] paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
11. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of the travel; and
κ1999 Statutes of Nevada, Page 2191 (Chapter 463, AB 631)κ
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
12. Travel expenses authorized by subsections 2 and 3 are limited to:
(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.
(b) If the travel is not by private conveyance, the actual amount expended.
Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.
Sec. 14. NRS 218.225 is hereby amended to read as follows:
218.225 1. At each regular session of the legislature, each legislator is entitled to receive at the expense of the legislative fund from the state printing division of the department of administration the following:
(a) Not to exceed 2,000 letterheads , [(] 8 1/2 inches x 11 inches , [)] and 2,000 half size, or 4,000 of either variety;
(b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/4 envelopes, or 4,000 of either variety; and
(c) Not to exceed 2,000 business cards and 1,000 memorandum sheets , [(] 500 each of the small and large type or 1,000 of either type . [).]
Selections must be made from samples submitted by the superintendent of the state printing division of the department of administration, and all printing must be done in the state printing division of the department of administration.
2. Each female member of the assembly is entitled to have the word Assemblywoman precede the inscription of her name on her official stationery and business cards.
3. All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the legislative fund . [in the same manner as other claims against the state are paid.]
4. A legislator may purchase from the state printing division of the department of administration official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
Sec. 15. NRS 218.230 is hereby amended to read as follows:
218.230 1. [There] Except as otherwise provided in this section, there must be paid to the [several] employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant director of bill services...................................................................................................................... $74
Assistant secretary............................................................................................................................................. 109
κ1999 Statutes of Nevada, Page 2192 (Chapter 463, AB 631)κ
Assistant sergeant at arms................................................................................................................................ $82
Bill clerk.................................................................................................................................................................. 60
Committee manager.......................................................................................................................................... 101
Committee secretary............................................................................................................................................ 88
Deputy sergeant at arms..................................................................................................................................... 88
Director of bill services......................................................................................................................................... 80
Director of clerical services............................................................................................................................... 103
Executive assistant............................................................................................................................................ 101
Finance secretary.................................................................................................................................................. 99
Front desk assistant........................................................................................................................................... 101
History clerk........................................................................................................................................................ 101
Journal clerk........................................................................................................................................................ 101
Media clerk.......................................................................................................................................................... 101
Recording clerk................................................................................................................................................... 101
Secretary................................................................................................................................................................ 80
Senior committee secretary................................................................................................................................ 96
Senior page............................................................................................................................................................ 75
Sergeant at arms................................................................................................................................................. 103
Typist...................................................................................................................................................................... 68
Assembly
Assistant chief clerk......................................................................................................................................... $109
Assistant sergeant at arms.................................................................................................................................. 82
Assistant supervisor of bill clerks....................................................................................................................... 74
Bill clerk.................................................................................................................................................................. 60
Committee manager.......................................................................................................................................... 101
Committee secretary............................................................................................................................................ 88
Deputy sergeant at arms..................................................................................................................................... 88
Document clerk.................................................................................................................................................. 101
Executive assistant............................................................................................................................................ 101
History clerk........................................................................................................................................................ 101
Journal clerk........................................................................................................................................................ 101
Media clerk.......................................................................................................................................................... 101
Page......................................................................................................................................................................... 60
Recording clerk................................................................................................................................................... 101
Secretary................................................................................................................................................................ 80
Senior committee secretary................................................................................................................................ 96
Senior page............................................................................................................................................................ 75
Sergeant at arms................................................................................................................................................. 103
Supervisor of bill clerks........................................................................................................................................ 80
Supervisor of secretarial staff.......................................................................................................................... 103
Typist...................................................................................................................................................................... 68
Ways and means secretary................................................................................................................................. 99
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in [this section] subsection 1 for each day of service.
κ1999 Statutes of Nevada, Page 2193 (Chapter 463, AB 631)κ
3. During periods before the commencement of a session and after the adjournment of a session sine die, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1.
Sec. 16. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive [.] , and sections 2 to 6, inclusive, of this act. Except as otherwise provided in those provisions, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. [An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the preparation of no more than 10 legislative measures, except that such a committee may request the preparation of additional legislative measures if the legislative commission approves each additional request by a majority vote.
3.] The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
[4.] 3. The legislative counsel may deliver to the superintendent of the state printing division of the department of administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 17. NRS 218.241 is hereby amended to read as follows:
218.241 1. Upon request made within the time allowed and [within] limits established [by the legislature by concurrent resolution,] pursuant to NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and [shall advise] any county, school district or city, as to the preparation of measures to be submitted to the legislature.
2. To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:
(a) Requests for legislative measures from each agency or officer of the executive branch of the state government or from a county, school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.
κ1999 Statutes of Nevada, Page 2194 (Chapter 463, AB 631)κ
(b) As soon as an agency or officer of the executive branch of the state government has requested 10 legislative measures for any session, the legislative counsel may request the agency or officer to designate the priority for each succeeding request.
(c) [Within] Not later than 2 weeks [after] before the commencement of a regular session of the legislature, any county, school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.
The priority designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government and the counties, school districts and cities to ensure each agency and officer, and each county, school district and city, as nearly as is possible, an equal rank.
Sec. 18. NRS 218.2413 is hereby amended to read as follows:
218.2413 1. Except as otherwise provided in subsections 3, 4 and 5, each board of county commissioners, board of trustees of a school district and city council may request the legislative counsel and the legal division of the legislative counsel bureau to prepare any legislative measure which has been approved by the governing body of the county, school district or city at a public hearing before its submission to the legislative counsel bureau.
2. The legislative counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.
3. The board of county commissioners of a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than [33] 15 legislative measures pursuant to subsection 1 for a regular legislative session. At least [three] one of the measures must be recommended by a metropolitan police department that is located within the county.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [25] 10 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than [5] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
4. The board of trustees of a school district in a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [3] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.
5. The city council of a city whose population:
(a) Is 100,000 or more shall not request the preparation of more than [10] 4 legislative measures pursuant to subsection 1 for a regular legislative session.
κ1999 Statutes of Nevada, Page 2195 (Chapter 463, AB 631)κ
(b) Is less than 100,000 shall not request the preparation of more than [5 legislative measures] 1 legislative measure pursuant to subsection 1 for a regular legislative session.
6. As used in this section, population means the current population estimate for that city or county as determined and published by the department of taxation and the demographer employed pursuant to NRS 360.283.
Sec. 19. NRS 218.2415 is hereby amended to read as follows:
218.2415 1. An association of elected officials may directly request the legislative counsel and the legal division of the legislative counsel bureau to prepare no more than 5 legislative measures for a regular legislative session.
2. An association of counties or cities may directly request the legislative counsel and the legal division of the legislative counsel bureau to prepare no more than [10] 20 legislative measures for a regular legislative session.
Sec. 20. NRS 218.242 is hereby amended to read as follows:
218.242 Upon request, within the limits established pursuant to NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or by the legislature by concurrent resolution, the legislative counsel shall assist any legislator in the preparation of bills and resolutions, drafting them in proper form, and furnishing the legislator the fullest information upon all matters within the scope of his duties. The legislative counsel shall, insofar as is possible, act upon all legislators requests for legislative measures in the order in which they are received. To assure the greatest possible equity in the handling of requests, drafting must proceed as follows:
1. If he so desires, a legislator may designate a different priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible.
2. The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of those committees, must not, except where urgency is recognized, take precedence over the priority established or designated for individual legislators bills and resolutions.
Sec. 21. NRS 218.245 is hereby amended to read as follows:
218.245 1. Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county, school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county, school district or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.
2. A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.
κ1999 Statutes of Nevada, Page 2196 (Chapter 463, AB 631)κ
3. After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
4. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except [upon the request of a member of the legislature or the personal written request of the governor.] as authorized by statute or joint rule of the legislature.
5. An agency or officer of the executive branch of the state government or a county, school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1 [.] of this section and subsection 1, 3 or 4 of section 6 of this act.
Sec. 22. NRS 218.247 is hereby amended to read as follows:
218.247 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation [and amendment] of legislative measures at the [written suggestion of any justice] request of the supreme court [or judge of a district court, within limits established by the legislature by concurrent resolution.] if the legislative measures are transmitted to the legislative counsel before September 1 preceding the commencement of the next regular session of the legislature. The supreme court may transmit to the legislative counsel pursuant to this section not more than 16 legislative measures on behalf of the supreme court and district courts of this state and not more than 4 legislative measures on behalf of the municipal courts and justices courts of this state.
2. Every [suggestion of a judge] requested legislative measure must set forth the substance of the provisions desired or which may be needed with the reasons therefor.
3. The legislative counsel [and the legal division of the legislative counsel bureau shall prepare a measure in accordance with the suggestion of a judge, and] shall transmit [it] any legislative measure prepared pursuant to this section to the chairman of the committee on judiciary of each house at the next regular session of the legislature.
Sec. 23. NRS 218.272 is hereby amended to read as follows:
218.272 1. [The] Except as otherwise provided in subsection 4, the fiscal analysis division shall obtain a fiscal note on:
(a) Any bill which makes an appropriation or increases any existing appropriation;
(b) Any bill or joint resolution which creates or increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and
(c) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation from the state prison less likely, before [the] a vote is taken on such a bill or joint resolution [is considered at a public hearing of] by a committee of the assembly or the senate .
κ1999 Statutes of Nevada, Page 2197 (Chapter 463, AB 631)κ
before [the] a vote is taken on such a bill or joint resolution [is considered at a public hearing of] by a committee of the assembly or the senate . [, or before any vote is taken on it by the committee.]
2. The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.
[2.] 3. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, the estimates must be made by the agency receiving the appropriation or collecting the revenue.
[3.] 4. The fiscal note is not required on any bill or joint resolution relating exclusively to the proposed executive budget.
Sec. 24. NRS 218.2723 is hereby amended to read as follows:
218.2723 Before a vote is taken by a committee of the assembly or the senate on any bill or joint resolution which reduces the revenues or increases the expenditures of a local government or any bill which increases or newly provides for a term of imprisonment in a county or city jail or detention facility, or makes release on probation therefrom less likely, [is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee,] the fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.
Sec. 25. NRS 218.2725 is hereby amended to read as follows:
218.2725 1. Before a vote is taken by a committee of the assembly or the senate on any bill or joint resolution which affects the premiums charged to employers as provided in chapters 616A, 616B, 616C, 616D or 617 of NRS or the state insurance fund established by chapters 616A to 616D, inclusive, of NRS , [is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee,] the fiscal analysis division shall obtain a fiscal note in the manner and form, to the extent applicable, provided for in NRS 218.272 to 218.2758, inclusive, showing the financial effect on the premiums charged employers by the state industrial insurance system or on the state insurance fund.
2. The state industrial insurance system shall provide such information upon request of the fiscal analysis division.
3. The department of administration is not required to review such a fiscal note, but upon request of any legislator, the fiscal analysis division shall review the note and submit its findings to the requester.
Sec. 26. NRS 218.380 is hereby amended to read as follows:
218.380 [The] An enrolled bill [or resolution shall] must be delivered by the legislative counsel, or such person as he [shall] designates in writing , [designate,] to the governor for his action, who may authorize a member of his staff to receive and receipt for the same in his name.
Sec. 27. NRS 218.390 is hereby amended to read as follows:
218.390 1. An enrolled joint resolution proposing an amendment to the constitution of the State of Nevada [must not be presented to the governor for approval and signature, but] must be delivered with the official engrossed copy thereof to the secretary of state or such deputy or clerk as he designates in writing.
κ1999 Statutes of Nevada, Page 2198 (Chapter 463, AB 631)κ
2. The secretary of state shall cause the enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver them to the presiding officer of the house in which the proposed amendment originated at the next ensuing session of the legislature. The enrolled resolution accompanied by the engrossed copy thereof must thereupon be laid before the house for action, and if approved by a majority of the members elected thereto, must again be deposited with and filed by the secretary of state so that it may be placed upon the ballot at the next ensuing general election.
3. The history of the joint resolution containing a notation that it has been returned to the house of its origin by the secretary of state must be noted on the engrossed copy of the resolution, and must likewise appear upon the enrolled copy thereof. The enrolled copy must bear the original signatures of the presiding officers and secretary and clerk of the respective houses for both sessions of the legislature at which the proposed amendment to the constitution was considered.
4. The secretary of state shall cause all proposed amendments to the constitution to be published in the printed volume of the statutes for each year when they have been considered by the legislature.
Sec. 28. NRS 218.400 is hereby amended to read as follows:
218.400 1. As soon as an enrolled bill [or joint resolution] is delivered to the governor, any person duly authorized shall endorse by stamp, on the back of the enrolled copy of such bill , [or joint resolution,] over his signature, from whom and which house the bill was received, the date and hour of receipt, and the number of pages comprising the [same,] bill, and shall compute and note thereon the time limit for action by the governor, excluding the day of receipt and Sundays, which [shall] must not exceed the constitutional limit for such action.
2. Within such time limit the bill [or joint resolution shall,] must, if approved, be signed by the governor immediately after the signatures of the officials of both houses as follows:
State of Nevada
Executive Department
Approved
.....a.m.....p.m.
........(month)........(day)........(year)
.........................(Governor)
3. Immediately following such approval, without alteration or correction, the bill [or joint resolution shall] must be deposited with the secretary of state, who shall endorse on the back thereof, following the endorsement of such duly authorized person:
Received and filed.
.....(hour)
........(month)........(day)........(year)
...................(Secretary of State)
κ1999 Statutes of Nevada, Page 2199 (Chapter 463, AB 631)κ
Sec. 29. NRS 218.410 is hereby amended to read as follows:
218.410 The secretary of state, or such deputy or clerk as he [shall designate] designates in writing, shall receipt to the governor for all bills [and joint resolutions] received, noting the number of such bill , [or resolution,] the house wherein the [same] bill originated, the number of pages contained therein, and the hour and date received. Such receipt [shall] must be retained in the governors office for at least 6 years.
Sec. 30. NRS 218.420 is hereby amended to read as follows:
218.420 1. If the governor does not approve a bill [or joint resolution] within 5 days, Sundays excepted, after it [shall have] has been presented to him, the bill [shall become a law or the joint resolution shall become effective] becomes a law without his signature, unless he [shall have] has returned it to the house in which it originated, with his objections thereto, [and which shall] which must be entered in its journal.
2. Such house shall thereupon proceed to reconsider the vetoed bill [or joint resolution,] and if thereafter it [shall again pass] again passes both houses by a two-thirds vote of the members elected to each house, the bill [shall become a law or the joint resolution shall become effective] becomes a law notwithstanding the objections of the governor, and [shall] must be delivered by the legislative counsel directly to the secretary of state for filing, who shall receipt to the legislative counsel therefor.
Sec. 31. NRS 218.430 is hereby amended to read as follows:
218.430 1. If the legislature , [shall,] by its final adjournment, [prevent] prevents the return of a bill [or joint resolution] within 5 days after delivery to the governor, Sundays excepted, the bill [shall become a law or the joint resolution shall become effective] becomes a law without his signature, unless within 10 days next after the adjournment, Sundays excepted, he [shall file the bill or joint resolution] files the bill with his objections thereto with the secretary of state.
2. The secretary of state shall lay the bill [or joint resolution] before the legislature at its next regular session in like manner as if it had been returned by the governor directly to the house in which it originated. If the bill [or joint resolution shall receive] receives the vote of two-thirds of the members elected to each house of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, the bill [shall become a law or the joint resolution shall become effective, and shall] becomes a law and must be delivered by the legislative counsel directly to the secretary of state for filing, who shall receipt to the legislative counsel therefor.
Sec. 32. NRS 218.440 is hereby amended to read as follows:
218.440 1. The secretary of state shall, after the final adjournment of each session of the legislature, cause all legislative bills [and joint resolutions] deposited with him after approval by the governor, and all joint resolutions, concurrent resolutions and memorials to be bound in a substantial and suitable book or books, together with an index thereof.
2. The expenses incurred in such work must be paid by the state in the manner directed by the state board of examiners.
κ1999 Statutes of Nevada, Page 2200 (Chapter 463, AB 631)κ
Sec. 33. NRS 218.464 is hereby amended to read as follows:
218.464 1. The following persons are entitled to receive free of charge in any one calendar year any bill, resolution, daily history, daily journal or index, in the number of copies shown, upon verification of their wishes to receive the publication:
(a) Justices and the clerk of the supreme court, one copy;
(b) County clerks and district attorneys, one copy;
(c) A judge and clerk of a district court in a judicial district having one judge, one copy; and
(d) The judges and the administrator or clerk of a district court in a judicial district having more than one judge, two copies.
2. Upon approval of the committee [on] of the senate or the assembly which has jurisdiction of issues relating to legislative functions , [of the senate or assembly,] additional copies must be provided to these persons without charge, except for the cost of handling and postage as determined by the director of the legislative counsel bureau.
Sec. 34. NRS 218.466 is hereby amended to read as follows:
218.466 1. The following persons, offices or organizations, upon request, are entitled to receive free of charge in any one calendar year one copy of any bill, resolution, daily history, daily journal or index:
(a) Elected state officers.
(b) Offices of all state departments and agencies.
(c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.
(d) Offices of other county officials.
(e) Municipal officers.
(f) Districts and other governmental agencies.
(g) Justices of the peace.
(h) The state library and archives.
(i) County and city libraries and libraries of the University and Community College System of Nevada.
(j) Accredited members of the press.
2. Upon approval of the committee [on] of the senate or the assembly which has jurisdiction of issues relating to legislative functions , [of the senate or assembly,] additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the director of the legislative counsel bureau.
3. Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or other legislative publication that is approved by the committee on legislative functions of the senate or assembly.
Sec. 35. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the state printing division of the department of administration, within 3 days [from the time] after he receives [each one from the governor, after approval,] them, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The director of the legislative counsel bureau shall:
(a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.
κ1999 Statutes of Nevada, Page 2201 (Chapter 463, AB 631)κ
(b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each justice of the supreme court, the attorney general, the state public defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the state, deliver to the supreme court law library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.
3. The legislative counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 36. NRS 218.5375 is hereby amended to read as follows:
218.5375 1. There is hereby created a legislative committee on workers compensation. The committee consists of:
(a) Four members appointed by the majority leader of the senate, in consultation with the minority leader of the senate, from the membership of the senate standing committee [on commerce and labor] which had jurisdiction of issues relating to workers compensation during the immediately preceding session of the legislature.
(b) Four members appointed by the speaker of the assembly from the membership of the assembly standing committee [on labor and management] which had jurisdiction of issues relating to workers compensation during the immediately preceding session of the legislature. The members must represent each political party represented in the assembly in the approximate proportion that they are represented in that house, but at least one member must be chosen from each political party.
2. The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.
3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.
4. Vacancies on the committee must be filled in the same manner as original appointments.
Sec. 37. NRS 218.610 is hereby amended to read as follows:
218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 7 and 8 of this act, agency of the state includes all offices, departments, boards, commissions or institutions of the state, and the state industrial insurance system.
κ1999 Statutes of Nevada, Page 2202 (Chapter 463, AB 631)κ
Sec. 38. NRS 218.640 is hereby amended to read as follows:
218.640 [Except as otherwise provided in NRS 218.644, money] Money to carry out the functions of the legislative counsel bureau must be provided by legislative appropriation from the state general fund to the legislative fund . [, and must be paid out on claims as other claims against the state are paid.] All claims must be approved by the director of the legislative counsel bureau or his designee before they are paid.
Sec. 39. NRS 218.644 is hereby amended to read as follows:
218.644 1. The legislative counsel bureau shall maintain a checking account in any qualified bank for the purposes of providing advance money and reimbursement to legislators and employees for travel expenses, paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs , other expenses which may or must be paid from the legislative fund and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.
2. A request for advance money for travel constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator or employee in an amount equal to the sum advanced.
3. The legislator or employee is entitled to receive upon request any authorized travel expenses in excess of the amount advanced. The legislator or employee shall reimburse the legislative fund any amount advanced that is not used for reimbursable travel expenses.
Sec. 40. NRS 218.6824 is hereby amended to read as follows:
218.6824 1. There is hereby created a budget subcommittee of the legislative commission.
2. The chairman of the legislative commission shall appoint to the subcommittee the persons designated by the speaker designate of the assembly to be members of the assembly standing committee on ways and means and the persons designated by the majority leader designate of the senate to be members of the senate standing committee on finance for the next ensuing session of the legislature.
3. The budget subcommittee shall conclude its activities before the next regular legislative session is convened.
4. The budget subcommittee shall [:
(a) Review the synopsis of the state budget prepared by the fiscal analysis division of the legislative counsel bureau pursuant to NRS 353.211; and
(b) Consider other] consider fiscal issues that may require consideration by the legislature at the next ensuing session.
Sec. 41. NRS 218.685 is hereby amended to read as follows:
218.685 Notwithstanding the provisions of NRS 218.150 and 218.180, between sessions of the legislature, the director of the legislative counsel bureau, with the approval of the legislative commission, may appoint such technical, clerical and operational staff as the functions and operations of the legislature may require.
κ1999 Statutes of Nevada, Page 2203 (Chapter 463, AB 631)κ
technical, clerical and operational staff as the functions and operations of the legislature may require. Salaries and [the costs of any contract services shall] related costs must be paid from the legislative fund.
Sec. 42. NRS 218.697 is hereby amended to read as follows:
218.697 1. Upon request, the legislative counsel shall represent any legislator in any matter before the commission on ethics.
2. When deemed necessary or advisable to protect the official interests of the legislature or one or more legislative committees, the legislative commission, or the chairman of the legislative commission in cases where action is required before a meeting of the legislative commission is scheduled to be held, may direct the legislative counsel and his staff to appear in, commence, prosecute, defend or intervene in any action, suit, matter, cause or proceeding in any court or agency of this state or of the United States.
3. [Expenses] The legislative commission may authorize payment of the expenses and costs incurred pursuant to this section [may be paid by the legislative commission] from the legislative fund.
Sec. 43. NRS 233B.050 is hereby amended to read as follows:
233B.050 1. In addition to other regulation-making requirements imposed by law, each agency shall:
(a) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.
(b) Make available for public inspection all rules of practice and regulations adopted or used by the agency in the discharge of its functions and that part of the Nevada Administrative Code which contains its regulations.
(c) Make available for public inspection all final orders, decisions and opinions except those expressly made confidential or privileged by statute.
(d) Review its rules of practice at least once every 3 years and file with the secretary of state a statement setting forth the date on which the most recent review of those rules was completed and describing any revisions made as a result of the review.
(e) Review its regulations at least once every 10 years to determine whether it should amend or repeal any of the regulations. Within 30 days after completion of the review, the agency shall submit a report to the [director of the] legislative counsel [bureau] for distribution to the next regular session of the legislature. The report must include the date on which the agency completed its review of the regulations and describe any regulation that must be amended or repealed as a result of the review. [The director of the legislative counsel bureau shall provide a copy of the report to the legislative counsel for the purposes of subsection 2 of NRS 233B.065.]
2. A regulation, rule, final order or decision of an agency is not valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection as required in this section, except that this provision does not apply in favor of any person or party who has actual knowledge thereof.
κ1999 Statutes of Nevada, Page 2204 (Chapter 463, AB 631)κ
Sec. 44. NRS 233B.0665 is hereby amended to read as follows:
233B.0665 If a regulation submitted to the legislative counsel bureau pursuant to NRS 233B.067 is not accompanied by an informational statement which complies with the requirements of NRS 233B.066, the [director of the] legislative counsel [bureau] shall return the regulation to the agency with a note that the statement is missing. Unless the statement is supplied, the [director] legislative counsel shall not submit the regulation to the commission, and the regulation never becomes effective. If the statement is supplied, the time for action upon the regulation must be computed from the date of delivering the statement to the [director.] legislative counsel.
Sec. 45. NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted 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 pursuant to which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The [director] legislative counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The [director] legislative counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.
2. If an agency submits an adopted regulation to the [director of the] legislative counsel [bureau] pursuant to subsection 1 that:
(a) The agency is required to adopt pursuant to a federal statute or regulation; and
(b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state,
it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.
3. 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 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.
4. The legislative commission shall notify the [director] legislative counsel 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] legislative counsel 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 objects to the regulation after determining that:
(a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;
(b) The regulation does not conform to statutory authority; or
κ1999 Statutes of Nevada, Page 2205 (Chapter 463, AB 631)κ
(c) The regulation does not carry out legislative intent,
the [director] legislative counsel shall attach to the regulation a written notice of the objection of the commission, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency.
Sec. 46. NRS 233B.0675 is hereby amended to read as follows:
233B.0675 1. If the legislative commission has objected to a regulation, the agency may revise it and return it to the [director of the] legislative counsel . [bureau.] Upon receipt of the revised regulation, the [director] legislative counsel shall resubmit the regulation to the commission at its next regularly scheduled meeting. If the commission does not object to the revised regulation, the [director] legislative counsel shall promptly file the revised regulation with the secretary of state and notify the agency of the filing.
2. If the legislative commission objects to the revised regulation, the agency may continue to revise it and resubmit it to the commission.
3. If the agency refuses to revise a regulation to which the legislative commission has objected, the commission may suspend the filing of the regulation until the final day of the next regular session of the legislature. Before the final day of the next regular session the legislature may, by concurrent resolution or other appropriate legislative measure, declare that the regulation will not become effective. The [director] legislative counsel shall thereupon notify the agency that the regulation will not be filed and must not be enforced. If the legislature has not so declared by the final day of the session, the [director] legislative counsel shall promptly file the regulation and notify the agency of the filing.
Sec. 47. NRS 233B.0681 is hereby amended to read as follows:
233B.0681 The legislative commission may provide for:
1. Its early review of a regulation after the agency has given notice of a hearing on the regulation but before the hearing is held. If the regulation adopted after the hearing is identical to the regulation submitted for early review, the [director] legislative counsel shall promptly file the regulation with the secretary of state and notify the agency of the filing.
2. A waiver of its review of a regulation in a case of administrative convenience or necessity.
Sec. 48. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective when the [director of the] legislative counsel [bureau] files with the secretary of state the original of the final draft or revision of a regulation, except as otherwise provided in NRS 233B.0665 or where a later date is specified in the regulation.
2. A temporary or emergency regulation becomes effective when the agency files with the secretary of state the original of the final draft or revision of a regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary or emergency regulation with the legislative counsel , [bureau,] together with the informational statement prepared pursuant to NRS 233B.066.
κ1999 Statutes of Nevada, Page 2206 (Chapter 463, AB 631)κ
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
4. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state library and archives administrator, to the state library and archives administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.
6. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
7. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 49. NRS 233B.115 is hereby amended to read as follows:
233B.115 1. Any person who objects to the content of a form required by an agency to be used in submitting an application, making a declaration or providing other information may request the legislative commission to determine whether the information required and the instructions for its preparation conform to the statutory authority pursuant to which the agency requires it. The legislative commission may also make such a determination on its own motion.
2. If the legislative commission finds that any part of the information or instructions does not conform to statutory authority, the [director of the] legislative counsel [bureau] shall so notify the agency.
3. After notification by the [director of the] legislative counsel [bureau] of the legislative commissions objection to the form, the agency may revise the form to conform to statutory authority and resubmit it to the legislative commission. The agency shall not use the form until it has submitted a revised version to the legislative commission and the commission has approved the form.
4. If the agency refuses to revise the form, it shall not use the form until after the expiration of the first 30 days of the next regular session of the legislature. Before the 30th day of the next regular session the legislature may, by concurrent resolution, declare that the form must not be used. The [director] legislative counsel shall thereupon notify the agency that it shall not use the form.
κ1999 Statutes of Nevada, Page 2207 (Chapter 463, AB 631)κ
[director] legislative counsel shall thereupon notify the agency that it shall not use the form. If the legislature has not so declared by the 30th day of the session, the [director] legislative counsel shall promptly notify the agency that it may use the form.
Sec. 50. NRS 353.090 is hereby amended to read as follows:
353.090 1. Except for claims against the legislative fund or for the payment of the salaries of public officers, every claim for payment from the state treasury pursuant to an appropriation or authorization by the legislature must be presented to the state board of examiners for a determination of its correctness. The state board of examiners may adopt regulations providing for the use of sampling procedures and postaudit techniques for making such a determination.
2. Any money which:
(a) Is allocated to this state pursuant to a federal program in the form of a letter of credit or its equivalent;
(b) Is authorized for expenditure by the legislature;
(c) Has not been deposited in the state treasury; and
(d) Is immediately available to this state through an automated federal payment management system,
shall be deemed to be available for a claim for payment from the state treasury.
3. The state controller shall not allow or draw his warrant for:
(a) Any claim of the class described in this section which has not been approved by the state board of examiners; or
(b) A greater amount than allowed by the board,
except when the claim has not been acted upon by the board within 30 days after its presentation to the board.
Sec. 51. NRS 353.211 is hereby amended to read as follows:
353.211 1. On or before October 15 of each even-numbered year, the chief shall provide to the fiscal analysis division of the legislative counsel bureau:
(a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year;
(b) The work programs for the current year; and
(c) Each agencys requested budget for the next 2 fiscal years.
2. On or before December 31 of each even-numbered year, the chief shall provide to the fiscal analysis division:
(a) Each agencys adjusted base budget by budgetary account for the next 2 fiscal years; and
(b) An estimated range of the costs for:
(1) Continuing the operation of state government; and
(2) Providing elementary, secondary and higher public education,
at the current level of service.
3. The information provided to the fiscal analysis division pursuant to subsections 1 and 2 is open for public inspection.
[4. As soon as practicable after receipt of the material provided pursuant to subsections 1 and 2, the fiscal analysis division shall provide a synopsis of the information to the members of the budget subcommittee of the legislative commission. The synopsis must include the levels of requested expenditures of all of the departments, institutions and agencies, major budgetary issues, approximate available revenues, historical data and any other information the fiscal analysts deem appropriate.]
κ1999 Statutes of Nevada, Page 2208 (Chapter 463, AB 631)κ
of all of the departments, institutions and agencies, major budgetary issues, approximate available revenues, historical data and any other information the fiscal analysts deem appropriate.]
Sec. 52. NRS 353.230 is hereby amended to read as follows:
353.230 1. The chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies of the executive department during the next fiscal year. In performing the duties required by this subsection, the chief shall use the projections and estimates prepared by the economic forum pursuant to NRS 353.228.
2. The chief shall meet with a fiscal analyst of the legislative counsel bureau or his designated representative and personnel of the various departments, institutions and agencies of the executive department to discuss:
(a) The budgetary requests of each department, institution and agency; and
(b) The budgetary recommendations of the budget division for each department, institution and agency,
for the next 2 fiscal years. The chief shall allow the fiscal analyst of the legislative counsel bureau or his designated representative full access to all materials connected with the review.
3. The chief shall then prepare a final version of the proposed budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the governor. The final version of the proposed budget must include the adjusted base budget for each department, institution and agency of the executive department, the costs for continuing each program at the current level of service and the costs, if any, for new programs, recommended enhancements of existing programs or reductions for the departments, institutions and agencies of the executive department for the next 2 fiscal years. All projections of revenue and any other information concerning future state revenue contained in the proposed budget must be based upon the projections and estimates prepared by the economic forum pursuant to NRS 353.228.
4. The governor shall , [transmit the proposed budget to the legislature] not later than [the 10th day] 14 calendar days before the commencement of the regular legislative session [.] , submit the proposed budget to the director of the legislative counsel bureau for transmittal to the legislature. The governor shall simultaneously submit, as a separate document:
(a) An analysis of any new programs or enhancements of existing programs being recommended; and
(b) Any increase in or new revenues which are being recommended in the proposed budget.
The document must specify the total cost by department, institution or agency of new programs or enhancements, but need not itemize the specific costs. All projections of revenue and any other information concerning future state revenue contained in the document must be based upon the projections and estimates prepared by the economic forum pursuant to NRS 353.228.
κ1999 Statutes of Nevada, Page 2209 (Chapter 463, AB 631)κ
5. On or before the 19th calendar day of the regular legislative session, the governor shall submit to the legislative counsel recommendations for each legislative measure which will be necessary to carry out the final version of the proposed budget [.] or to carry out the governors legislative agenda. These recommendations must contain sufficient detailed information to enable the legislative counsel to prepare the necessary legislative measures.
6. During the consideration of the general appropriation bill and any special appropriation bills and bills authorizing budgeted expenditures by the departments, institutions and agencies operating on money designated for specific purposes by the constitution or otherwise, drafted at the request of the legislature upon the recommendations submitted by the governor with the proposed budget, the governor or his representative have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
Sec. 53. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 525Assemblymen Evans, Arberry, Goldwater, Giunchigliani, Humke, Dini, Buckley, Segerblom, Nolan, Berman, Perkins, Lee, Claborn, Gibbons, Neighbors, Marvel, Bache, Chowning, Anderson, Freeman, Leslie, de Braga, Parnell, Collins, McClain, Manendo, Koivisto, Thomas, Parks and Ohrenschall
CHAPTER 464
AN ACT relating to state financial administration; creating the office of financial analysis and planning within the fiscal analysis division of the legislative counsel bureau; creating a task force for financial analysis and planning; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The office of financial analysis and planning is hereby created within the fiscal analysis division of the legislative counsel bureau. The senate fiscal analyst and the assembly fiscal analyst shall appoint such personnel as the fiscal analysts determine are necessary for the office to carry out the duties of the office.
2. The office of financial analysis and planning shall assist the legislature in long-term financial analysis and planning, including, without limitation, long-term economic planning and forecasting of future state revenues.
Sec. 2. 1. There is hereby created a task force for financial analysis and planning consisting of 13 members.
2. Five members of the task force must be appointed as follows:
(a) One member appointed by the speaker of the assembly;
κ1999 Statutes of Nevada, Page 2210 (Chapter 464, AB 525)κ
(b) One member appointed by the majority leader of the senate; and
(c) Three members appointed by the governor.
The members appointed pursuant to this subsection must not be elected officers, state officers or employees of this state or any political subdivision of this state, including, without limitation, an institution of higher education that receives public money.
3. In addition to the members appointed pursuant to subsection 2, the task force consists of:
(a) The chief of the budget division of the department of administration or his designee;
(b) The chief of the bureau of research and analysis of the department of employment, training and rehabilitation, or his designee, or, if that position ceases to exist, the position deemed by the director of the department of employment, training and rehabilitation to be the equivalent of that position;
(c) The executive director of the department of taxation or his designee;
(d) The superintendent of public instruction or his designee;
(e) The state director of the bureau of business and economic research of the University of Nevada, Reno, or his designee;
(f) The director of the center for business and economic research of the University of Nevada, Las Vegas, or his designee;
(g) An employee of a county in Nevada, appointed by the Nevada Association of Counties; and
(h) An employee of a city in Nevada, appointed by the Nevada League of Cities.
4. Each of the members who is appointed to the task force pursuant to subsection 2 and paragraphs (g) and (h) of subsection 3 must have expertise and demonstrated ability in the field of economics, taxation, demography or urban planning or another field that is necessary for economic planning and forecasting.
5. The members who are appointed pursuant to subsection 2 shall select from among themselves a person to serve as chairman of the task force.
6. Each member of the task force who is appointed pursuant to subsection 2 is entitled to receive a salary of $80 for each day or portion of a day during which he attends a meeting of the task force.
7. Each member of the task force is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the task force or is otherwise engaged in the business of the task force.
8. The compensation, per diem allowances and travel expenses of the members of the task force must be paid from the legislative fund.
9. The office of financial analysis and planning created pursuant to section 1 of this act shall provide technical expertise and administrative support to the task force.
Sec. 3. 1. The task force for financial analysis and planning shall develop a process for the preparation and periodic update of long-term forecasts of and recommendations concerning future state revenues for use in planning and budgeting state programs. The long-term forecasts must include periods of 6 years and 10 years. The process developed by the task force must provide for, without limitation, the compilation and periodic update of reports that include:
κ1999 Statutes of Nevada, Page 2211 (Chapter 464, AB 525)κ
must provide for, without limitation, the compilation and periodic update of reports that include:
(a) Economic and demographic trends and forecasts at the national, regional, state and local levels;
(b) The sources of revenue in this state, including, without limitation, an analysis of the elements of this states revenue structure that may be vulnerable or unreliable in the long-term;
(c) Forecasts and projections of the needs of state and local agencies that provide human services and services relating to public education, criminal justice and infrastructure;
(d) An analysis of revenues and expenditures to determine whether long-term growth in revenue may reasonably be expected to meet the demands of expenditures; and
(e) An analysis of the feasibility and desirability of using alternative procedures for the review and approval of budgets and expenditures of departments, institutions and agencies of the state government, including, without limitation, the feasibility and desirability of adopting a system of performance-based budgets.
2. In carrying out its duties, the task force shall:
(a) Use estimates and forecasts prepared by the demographer who is employed pursuant to NRS 360.283;
(b) Use reports, projections of economic indicators and estimates of future state revenues made by the economic forum;
(c) Use any other official forecasts, estimates and publications prepared by agencies of this state or political subdivisions of this state and institutions of higher education; and
(d) Solicit recommendations and information from the budget division of the department of administration, agencies and officers of this state, local governments, other states, national organizations, private organizations and the general public.
3. In carrying out its duties, the task force may:
(a) Consider any other information, including, without limitation, information prepared by the office of financial analysis and planning created pursuant to section 1 of this act.
(b) Request information from an agency of this state. The task force may direct the office of financial analysis and planning to make the request on its behalf. An agency that receives a reasonable request for information shall comply with the request as soon as is reasonably practicable after receipt of the request.
Sec. 4. On or before September 15, 2000, the task force for financial analysis and planning shall submit a written report to the director of the legislative counsel bureau for immediate transmission to the members of the 70th regular session of the legislature. The report must include:
1. A summary of the progress of the task force in developing a process for the preparation and periodic update of long-term forecasts and recommendations in accordance with subsection 1 of section 3 of this act.
2. Recommendations for legislation concerning the appropriate composition and duties of a permanent committee to prepare long-term forecasts of future state revenues and otherwise continue the preliminary work done by the task force.
κ1999 Statutes of Nevada, Page 2212 (Chapter 464, AB 525)κ
work done by the task force. The recommendations must specifically address the appropriate number, qualifications and terms of the members of the permanent committee.
3. Recommendations for legislation concerning the composition and prescription of duties for the office of financial analysis and planning in relation to the continuing work on these issues.
4. Any other recommendations for related legislation.
Sec. 5. On or before September 1, 1999, the speaker of the assembly, the majority leader of the senate and the governor shall make appointments to the task force for financial analysis and planning in accordance with subsection 2 of section 2 of this act. Members appointed to the task force remain eligible for appointment to a permanent committee to prepare long-term forecasts of future state revenues.
Sec. 6. 1. This act becomes effective on July 1, 1999.
2. Sections 2, 3 and 4 of this act expire by limitation on June 30, 2001.
________
Assembly Bill No. 470Assemblymen Goldwater and Buckley
CHAPTER 465
AN ACT relating to industrial insurance; prohibiting organizations for managed care that provide medical and health care services to injured employees from engaging in certain practices that restrict the actions of a provider of health care; requiring a response to a request for prior authorization for medical treatment to be issued within a certain number of days; allowing an injured employee whose employers insurer has entered into a contract with an organization for managed care or providers of health care to change treating physicians or chiropractors under certain circumstances; requiring that a test of an injured employee for the presence of alcohol or a controlled substance be performed by a laboratory that is licensed by the health division of the department of human resources; allowing hearing officers and appeals officers to refer an injured employee to a physician or chiropractor competent to determine the necessity of certain medical treatment; revising the provisions governing the filing of rates for industrial insurance with the commissioner of insurance; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. An organization for managed care shall not restrict or interfere with any communication between a provider of health care and an injured employee regarding any information that the provider of health care determines is relevant to the health care of the injured employee.
Sec. 3. An organization for managed care shall not terminate a contract with, demote, refuse to contract with or refuse to compensate a provider of health care solely because the provider, in good faith:
1. Advocates in private or in public on behalf of an injured employee;
κ1999 Statutes of Nevada, Page 2213 (Chapter 465, AB 470)κ
2. Assists an injured employee in seeking reconsideration of a determination by the organization for managed care to deny coverage for a medical or health care service; or
3. Reports a violation of law to an appropriate authority.
Sec. 4. 1. An organization for managed care shall not offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay specific medically necessary medical or health care services to an injured employee.
2. The provisions of this section do not prohibit an arrangement for payment between an organization for managed care and a provider of health care that uses financial incentives, if the arrangement is designed to provide an incentive to the provider of health care to use medical and health care services effectively and consistently in the best interest of the treatment of the injured employee.
Sec. 5. NRS 616B.515 is hereby amended to read as follows:
616B.515 1. Except as otherwise provided in NRS 616B.518, the manager may enter into a contract or contracts with one or more organizations for managed care, including health maintenance organizations, to provide comprehensive medical and health care services to injured employees whose employers are insured by the system for injuries and diseases that are compensable under chapters 616A to 617, inclusive, of NRS. The contract or contracts must be awarded pursuant to reasonable competitive bidding procedures as established by the manager.
2. After the selection of an organization for managed care, the bids received by the manager and the records related to the bidding are subject to review by any member of the public upon request.
3. An organization for managed care or a health maintenance organization [shall] chosen pursuant to this section:
(a) Shall not discriminate against or exclude a provider of health care from participation in the organizations proposed plan for providing medical and health care services because of race, creed, sex, national origin, age or disability.
(b) Shall comply with the provisions of sections 2, 3 and 4 of this act.
Sec. 6. NRS 616B.527 is hereby amended to read as follows:
616B.527 A self-insured employer, an association of self-insured public or private employers or a private carrier 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 employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, 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 employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
κ1999 Statutes of Nevada, Page 2214 (Chapter 465, AB 470)κ
3. Use the services of an organization for managed care that has entered into a contract with the manager pursuant to NRS 616B.515, but is not required to use such services.
4. Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted pursuant to subsections 1 and 2, or as the self-insured employer, association or private carrier otherwise prescribes.
5. Require employees to obtain the approval of the self-insured employer, association or private carrier 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, association or private carrier.
6. An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of sections 2, 3 and 4 of this act.
Sec. 7. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer, organization for managed care or third-party administrator shall respond to a written request for prior authorization for:
(a) Treatment;
(b) Diagnostic testing; or
(c) Consultation,
within 5 working days after receiving the written request.
2. If the insurer, organization for managed care or third-party administrator fails to respond to such a request within 5 working days, authorization shall be deemed to be given. The insurer, organization for managed care or third-party administrator may subsequently deny authorization.
3. If the insurer, organization for managed care or third-party administrator subsequently denies a request for authorization submitted by a provider of health care for additional visits or treatments, it shall pay for the additional visits or treatments actually provided to the injured employee, up to the number of treatments for which payment is requested by the provider of health care before the denial of authorization is received by the provider.
Sec. 8. NRS 616C.090 is hereby amended to read as follows:
616C.090 1. The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.
2. An injured employee whose employers insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 may choose his treating physician or chiropractor from the panel of physicians and chiropractors.
κ1999 Statutes of Nevada, Page 2215 (Chapter 465, AB 470)κ
treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee.
3. An injured employee [employed or residing in any county in this state] whose employers insurer has entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 must choose his treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor pursuant to the terms of the contract if the choice is made within 90 days after his injury. If the injured employee, after choosing his treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.
4. Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employees injury attributable to improper treatments by such physician, chiropractor or other person.
5. The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.
6. An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.
Sec. 8.5. NRS 616C.230 is hereby amended to read as follows:
616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:
(a) Caused by the employees willful intention to injure himself.
(b) Caused by the employees willful intention to injure another.
κ1999 Statutes of Nevada, Page 2216 (Chapter 465, AB 470)κ
(c) Proximately caused by the employees intoxication. 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.
(d) Proximately caused by the employees use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2. For the purposes of paragraphs (c) and (d) of subsection 1:
(a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employees system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance , [:
(1) If] the laboratory that conducts the testing [is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory] must be [certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and
(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.] licensed pursuant to the provisions of chapter 652 of NRS.
3. 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.
4. 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.
5. An injured employees 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
(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. 9. NRS 616C.305 is hereby amended to read as follows:
616C.305 1. Except as otherwise provided in subsection 3, any person who is aggrieved by a [decision] final determination concerning accident benefits made by an organization for managed care which has contracted with an insurer must, within 14 days of the [decision] determination and before requesting a resolution of the dispute pursuant to NRS 616C.345 to 616C.385, inclusive, appeal that [decision] determination in accordance with the procedure for resolving complaints established by the organization for managed care.
κ1999 Statutes of Nevada, Page 2217 (Chapter 465, AB 470)κ
616C.385, inclusive, appeal that [decision] determination in accordance with the procedure for resolving complaints established by the organization for managed care.
2. The procedure for resolving complaints established by the organization for managed care must be informal and must include, but is not limited to, a review of the appeal by a qualified physician or chiropractor who did not make or otherwise participate in making the [decision.] determination.
3. If a person appeals a final determination pursuant to a procedure for resolving complaints established by an organization for managed care and the dispute is not resolved within 14 days after it is submitted, he may request a resolution of the dispute pursuant to NRS 616C.345 to 616C.385, inclusive.
Sec. 10. NRS 616C.330 is hereby amended to read as follows:
616C.330 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 employees condition [,] or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor [chosen by the hearing officer.] of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. 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 616C.490, 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 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.
κ1999 Statutes of Nevada, Page 2218 (Chapter 465, AB 470)κ
8. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.
Sec. 11. NRS 616C.345 is hereby amended to read as follows:
616C.345 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 NRS 616C.305 and:
(a) A final [decision] determination was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
any party to the dispute may file a notice of appeal within 70 days after the date on which the final [decision] determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written [decision] determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
3. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a [decision] determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
4. Except as otherwise provided in this subsection, 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 616C.315, schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice and give notice by mail or by personal service to all parties to the 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 which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
κ1999 Statutes of Nevada, Page 2219 (Chapter 465, AB 470)κ
5. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
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] determination and the forms necessary to appeal the [decision.] determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.
Sec. 12. NRS 616C.360 is hereby amended to read as follows:
616C.360 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 employees condition [,] or to determine the necessity of treatment for which authorization for payment has been denied, the appeals officer may refer the employee to a physician or chiropractor [chosen by the appeals officer.] of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. 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 616C.490, 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. 13. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:
Prospective loss cost means the portion of a rate that is based on historical aggregate losses and loss adjustment expenses which are adjusted to their ultimate value and projected to a future point in time. Except as otherwise provided in this section, the term does not include provisions for expenses or profit.
κ1999 Statutes of Nevada, Page 2220 (Chapter 465, AB 470)κ
Sec. 14. NRS 686B.1751 is hereby amended to read as follows:
686B.1751 As used in NRS 686B.1751 to 686B.1799, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 686B.1752 to 686B.1762, inclusive, and section 13 of this act, have the meanings ascribed to them in those sections.
Sec. 15. NRS 686B.1765 is hereby amended to read as follows:
686B.1765 The advisory organization may:
1. Develop statistical plans including definitions for the classification of risks.
2. Collect statistical data from its members and subscribers or any other reliable source.
3. Prepare and distribute data on [the basic premium rate or rates, adjusted for expected changes in reported losses and for trends in losses, according to its statistical plan.] prospective loss costs.
4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.
5. Distribute any information filed with the commissioner which is open to public inspection.
6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.
7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.
8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.
9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on [the basic premium rate or rates.] prospective loss costs.
10. Prepare and distribute rules and rating values for the uniform plan for rating experience.
11. Calculate and provide to the insurer the modification of premiums based on the individual employers losses.
12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.
Sec. 16. NRS 686B.177 is hereby amended to read as follows:
686B.177 1. The advisory organization shall file with the commissioner a copy of every basic premium rate, the portion of the rate that is allowable for expenses as determined by the advisory organization, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organizations members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
κ1999 Statutes of Nevada, Page 2221 (Chapter 465, AB 470)κ
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurers rate be less than the approved rate by more than the following percentages:
(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.
(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a [5] 15 percent variance.
[(c) For the period beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10 percent variance.
(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.]
Sec. 17. NRS 686B.177 is hereby amended to read as follows:
686B.177 1. The advisory organization shall file with the commissioner a copy of every [basic premium rate,] prospective loss cost, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organizations members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
Sec. 18. NRS 686B.1775 is hereby amended to read as follows:
686B.1775 1. [If the interaction among insurers and employers is presumed or found to be competitive, each] Each insurer shall file with the commissioner all the rates , [and] supplementary rate information, supporting data, and changes and amendments thereof, except any information filed by the advisory organization, which the insurer intends to use in this state. [The insurer shall file the rates and supplementary rate information] An insurer may adopt by reference any supplementary rate information or supporting data that has been previously filed by that insurer and approved by the commissioner. The filing must indicate the date the rates will become effective. An insurer may file its rates pursuant to this subsection by filing:
(a) Final rates; or
(b) A multiplier and, if used by an insurer, a premium charged to each policy of industrial insurance regardless of the size of the policy which, when applied to the prospective loss costs filed by the advisory organization pursuant to NRS 686B.177, will result in final rates.
2. Each insurer shall file the rates, supplementary rate information and supporting data pursuant to subsection 1:
κ1999 Statutes of Nevada, Page 2222 (Chapter 465, AB 470)κ
(a) Except as otherwise provided in subsection 4, if the interaction among insurers and employers is presumed or found to be competitive, not later than 15 days [after] before the date the rates become effective. [An insurer may adopt by reference, with or without a deviation, the rates or supplementary rate information filed by any other insurer.
2.] (b) If the commissioner has issued a finding that the interaction is not competitive, [each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least] not later than 60 days before the rates become effective.
3. If the information supplied by an insurer pursuant to [this] subsection 1 is insufficient, the commissioner shall notify the insurer and [the information shall be deemed to be filed when] require the insurer to provide additional information. The filing must not be deemed complete or available for use by the insurer and review by the commissioner must not commence until all the information requested by the commissioner is received by him.
[3.] If the requested information is not received by the commissioner within 60 days after its request, the filing may be disapproved without further review.
4. If, after notice to the insurer and a hearing, the commissioner finds that an insurers rates require supervision because of the insurers financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information , supporting data and any other information required by the commissioner, at least 60 days before they become effective.
[4.] 5. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
[5.
Every]
6. Except as otherwise provided in subsection 1, every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.
7. As used in this section, supporting data means:
(a) The experience and judgment of the insurer and of other insurers or of the advisory organization, if relied upon by the insurer;
(b) The interpretation of any statistical data relied upon by the insurer;
(c) A description of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
Sec. 19. NRS 686B.1777 is hereby amended to read as follows:
686B.1777 1. If the commissioner finds that:
(a) The interaction among insurers is not competitive;
(b) The rates filed by insurers whose interaction is competitive are inadequate or unfairly discriminatory; or
(c) The rates violate the provisions of this chapter,
the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.
κ1999 Statutes of Nevada, Page 2223 (Chapter 465, AB 470)κ
2. The commissioner may disapprove any rate [which must be filed before it becomes effective] without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
Sec. 20. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer [:
(a) At any time after the rate becomes effective; or
(b) At] at any time . [before the rate becomes effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; or
(b) The rate is inadequate, excessive or unfairly discriminatory.
Sec. 21. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer [:
(a) At any time after the rate becomes effective; or
(b) At] at any time . [before the rate becomes effective if the insurer is required to file its rates before they become effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner;
(b) The rate is inadequate or unfairly discriminatory and the interaction among insurers and employers is competitive; or
(c) A rate is inadequate, excessive or unfairly discriminatory and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.
Sec. 22. NRS 686B.1784 is hereby amended to read as follows:
686B.1784 1. The commissioner may examine any insurer, advisory organization or plan for apportioned risks whenever he determines that such an examination is necessary.
2. The reasonable cost of an examination must be paid by the insurer or other person examined upon presentation by the commissioner of an accounting of those costs pursuant to NRS 679B.290.
3. In lieu of an examination, the commissioner may accept the report of an examination made by the agency of another state that regulates insurance.
Sec. 23. NRS 686B.1793 is hereby amended to read as follows:
686B.1793 1. [A] An insurer or other person who violates any provision of NRS 686B.1751 to 686B.1799, inclusive, and section 13 of this act shall, upon the order of the commissioner, pay an administrative fine not to exceed $1,000 for each violation and not to exceed $10,000 for each willful violation. These administrative fines are in addition to any other penalty provided by law. Any insurer using a rate before it has been filed with the commissioner as required by NRS 686B.1775, shall be deemed to have committed a separate violation for each day the insurer failed to file the rate.
2. The commissioner may suspend or revoke the license of any advisory organization or insurer who fails to comply with an order within the time specified by the commissioner or any extension of that time made by the commissioner.
κ1999 Statutes of Nevada, Page 2224 (Chapter 465, AB 470)κ
commissioner. Any suspension of a license is effective for the time stated by the commissioner in his order or until the order is modified, rescinded or reversed.
3. The commissioner, by written order, may impose a penalty or suspend a license pursuant to this section only after written notice to the insurer, organization or plan for apportioned risks and a hearing.
Sec. 24. Section 197 of chapter 580, Statutes of Nevada 1995, as amended by chapter 410, Statutes of Nevada 1997, at page 1456, is hereby amended to read as follows:
Sec. 197. 1. This section and sections 25 to 36, inclusive, 44, 86, 119, 127, 128, 186.5, 188, 194, 195 and 196 of this act become effective upon passage and approval.
2. Section 68 of this act becomes effective at 12:01 a.m. on July 1, 1995.
3. Section 161 of this act becomes effective on July 1, [2003.] 2001.
4. The remaining sections of this act become effective:
(a) Upon passage and approval for the purposes of:
(1) The adoption of regulations by the commissioner of insurance and the administrator of the division of industrial relations of the department of business and industry.
(2) The qualification of private carriers to sell industrial insurance.
(3) The designation of a licensed advisory organization by the commissioner and the initial filing of classifications of risk, the uniform plan for rating experience and the uniform statistical plan, by that organization.
(4) The inspection of the records of the system, the Nevada industrial commission and the administrator with respect to the self-insured employers, by the commissioner and the advisory organization.
(5) The filing, by private carriers and the system, of rates to be used by them.
(b) For all other purposes on July 1, 1999.
5. Section 145 of this act expires by limitation on July 1, 2001.
Sec. 25. Section 81 of chapter 410, Statutes of Nevada 1997, as amended by section 36 of Senate Bill No. 453 of this session, is hereby amended to read as follows:
Sec. 81. 1. This section and sections 3 to 10, inclusive, 12, 13, 15, 15.5, 16, 17, 20, 21, 22, 27, 28, 35, 40.5, 41, 42, 61, 62, 62.5, 63, 65, 67, 70, 72, 74, 76, 78, 79 and 80 of this act become effective on July 1, 1997.
2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1997.
3. Sections 1, 11, 26, 36, 37, 38, 39, 43, 45, 46, 49, 51, 52, 53, 54, 58 and 59 of this act become effective on January 1, 1998.
4. Section 50 of this act becomes effective at 12:01 a.m. on January 1, 1998.
κ1999 Statutes of Nevada, Page 2225 (Chapter 465, AB 470)κ
5. Sections 18, 23, 40, 48, 57, 60, 77 and 77.5 of this act become effective on July 1, 1999.
6. Sections 64, 66, 68, 71, 73 and 75 of this act become effective on July 1, [2003.] 2001.
Sec. 26. 1. This section and sections 14, 16, 20, 22, 23, 24 and 25 of this act become effective at 12:01 a.m. on July 1, 1999.
2. Sections 1 to 7, inclusive, and 9 to 12, inclusive, of this act become effective on October 1, 1999.
3. Sections 8 and 8.5 of this act become effective at 12:01 a.m. on October 1, 1999.
4. Section 13, 15, 17, 18, 19 and 21 of this act become effective at 12:01 a.m. on July 1, 2001.
________
Assembly Bill No. 429Committee on Health and Human Services
CHAPTER 466
AN ACT relating to public welfare; clarifying the duties of and making various changes concerning the division of health care financing and policy of the department of human resources; making various changes concerning the childrens health insurance program; repealing the prospective expiration of the provisions governing the division of health care financing and policy; providing a penalty; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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, 3 and 4 of this act.
Sec. 2. Childrens health insurance program means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance for uninsured children from low-income families in this state.
Sec. 3. 1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the division of health care financing and policy is responsible, the administrator shall give at least 30 days notice of his intended action.
2. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
κ1999 Statutes of Nevada, Page 2226 (Chapter 466, AB 429)κ
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the administrator for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The administrator shall consider fully all oral and written submissions relating to the proposed regulation.
4. The administrator shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to this section in the manner provided in subsections 1 and 2 of NRS 241.035.
5. The administrator may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.
6. An objection to any regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after its effective date.
Sec. 4. 1. If the division of health care financing and policy denies an application for the childrens health insurance program, the division shall provide written notice of the decision to the applicant. An applicant who disagrees with the denial of the application may request a review of the case and a hearing before an impartial hearing officer by filing a written request within 30 days after the date of the notice of the decision at the address specified in the notice.
2. The division of health care financing and policy shall adopt regulations regarding the review and hearing before an impartial hearing officer. The decision of the hearing officer must be in writing.
3. The applicant may at any time within 30 days after the date on which the written decision is mailed, petition the district court of the judicial district in which the applicant resides to review the decision. The district court shall review the decision on the record. The decision and record must be certified as correct and filed with the court by the administrator of the division for health care financing and policy.
4. The review by the court must be in accordance with NRS 422.299.
Sec. 5. NRS 422.001 is hereby amended to read as follows:
422.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.010 to 422.055, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 422.050 is hereby amended to read as follows:
422.050 1. Public assistance includes:
[1.] (a) State supplementary assistance;
[2.] (b) Temporary assistance for needy families;
[3.] (c) Medicaid;
[4.] (d) Food stamp assistance;
[5.] (e) Low-income home energy assistance;
[6.] (f) The program for child care and development; and
κ1999 Statutes of Nevada, Page 2227 (Chapter 466, AB 429)κ
[7.] (g) Benefits provided pursuant to any other public welfare program administered by the welfare division or the division of health care financing and policy pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
2. The term does not include the childrens health insurance program.
Sec. 7. NRS 422.2352 is hereby amended to read as follows:
422.2352 As used in NRS 422.2352 to 422.2374, inclusive, and section 3 of this act, 422.301 to 422.306, inclusive, and 422.380 to 422.390, inclusive, unless the context otherwise requires, administrator means the administrator of the division of health care financing and policy.
Sec. 8. NRS 422.2366 is hereby amended to read as follows:
422.2366 1. The administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the division of health care financing and policy at a designated time and place and the production of books, papers and records relative to:
(a) Eligibility or continued eligibility to provide medical care, remedial care or other services pursuant to the state plan for Medicaid [;] or the childrens health insurance program; and
(b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the state plan for Medicaid [.] or the childrens health insurance program.
2. If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.
Sec. 9. NRS 422.290 is hereby amended to read as follows:
422.290 1. To restrict the use or disclosure of any information concerning applicants for and recipients of public assistance or assistance pursuant to the childrens health insurance program to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the welfare division and the division of health care financing and policy shall establish and enforce reasonable regulations governing the custody, use and preservation of any records, files and communications filed with the welfare division or the division of health care financing and policy.
2. If, pursuant to a specific statute or a regulation of the welfare division or the division of health care financing and policy, names and addresses of, or information concerning, applicants for and recipients of assistance , including, without limitation, assistance pursuant to the childrens health insurance program, are furnished to or held by any other agency or department of government, such agency or department of government is bound by the regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.
3. Except for purposes directly connected with the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to a recipient of assistance , including, without limitation, a recipient of assistance pursuant to the childrens health insurance program, under the provisions of this chapter.
κ1999 Statutes of Nevada, Page 2228 (Chapter 466, AB 429)κ
recipient of assistance , including, without limitation, a recipient of assistance pursuant to the childrens health insurance program, under the provisions of this chapter.
Sec. 10. NRS 422.293 is hereby amended to read as follows:
422.293 1. When a recipient of Medicaid or a recipient of insurance provided pursuant to the childrens health insurance program incurs an illness or injury for which medical services are payable [under the state plan] by the department and which is incurred under circumstances creating a legal liability in some person other than the recipient or a division of the department to pay all or part of the costs of such services, the department is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.
2. If a recipient or his successors in interest fail or refuse to commence an action to enforce the legal liability, the department may commence an independent action, after notice to the recipient or his successors in interest, to recover all costs to which it is entitled. In any such action by the department, the recipient or his successors in interest may be joined as third-party defendants.
3. In any case where the department is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the department has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. Such a lien must be satisfied in full, unless reduced pursuant to subsection 5, at such time as:
(a) The proceeds of any recovery or settlement are distributed to or on behalf of the recipient, his successors in interest or his attorney; and
(b) A dismissal by any court of any action brought to enforce the legal liability established by subsection 1.
No such lien is enforceable unless written notice is first given to the person against whom the lien is asserted.
4. The recipient or his successors in interest shall notify the department in writing before entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1. Except if extraordinary circumstances exist, a person who fails to comply with the provisions of this subsection shall be deemed to have waived any consideration by the director or his designated representative of a reduction of the amount of the lien pursuant to subsection 5 and shall pay to the department all costs to which it is entitled and its court costs and attorneys fees.
5. If the department receives notice pursuant to subsection 4, the director or his designated representative may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery.
6. The attorney of a recipient:
(a) Shall not condition the amount of attorneys fees or impose additional attorneys fees based on whether a reduction of the lien is authorized by the director or his designated representative pursuant to subsection 5.
κ1999 Statutes of Nevada, Page 2229 (Chapter 466, AB 429)κ
(b) Shall reduce the amount of the fees charged the recipient for services provided by the amount the attorney receives from the reduction of a lien authorized by the director or his designated representative pursuant to subsection 5.
Sec. 11. NRS 422.29314 is hereby amended to read as follows:
422.29314 1. The welfare division shall provide public assistance pursuant to:
(a) The program established to provide temporary assistance for needy families;
(b) [The program for assistance to the medically indigent;] Medicaid; or
(c) Any program for which a grant has been provided to this state pursuant to 42 U.S.C. §§ 1397 et seq.,
to a qualified alien who complies with the requirements established by the welfare division pursuant to federal law and this chapter for the receipt of benefits pursuant to that program.
2. As used in this section, qualified alien has the meaning ascribed to it in 8 U.S.C. § 1641.
Sec. 12. NRS 422.294 is hereby amended to read as follows:
422.294 1. Subject to the provisions of subsection 2, if an application for public assistance or claim for services is not acted upon by the [welfare division] department within a reasonable time after the filing of the application [,] or claim for services, or is denied in whole or in part, or if any grant of public assistance or claim for services is reduced, suspended or terminated, the applicant for or recipient of public assistance may appeal to the [welfare division] department and may be represented in the appeal by counsel or other representative of his choice.
2. Upon the initial decision to deny, reduce, suspend or terminate public assistance [, the welfare division] or services, the department shall notify that applicant or recipient of its decision, the regulations involved and his right to request a hearing within a certain period. If a request for a hearing is received within that period, the [welfare division] department shall notify that person of the time, place and nature of the hearing. The [welfare division] department shall provide an opportunity for a hearing of that appeal and shall review his case regarding all matters alleged in that appeal.
3. The [welfare division] department is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this state that requires an automatic adjustment to the amount of public assistance or services that may be received by an applicant or recipient.
Sec. 13. NRS 422.296 is hereby amended to read as follows:
422.296 1. At any hearing held pursuant to the provisions of subsection 2 of NRS 422.294, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
2. Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.
3. The record of a hearing must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Questions and offers of proof and objections, and rulings thereon.
κ1999 Statutes of Nevada, Page 2230 (Chapter 466, AB 429)κ
(d) Any decision, opinion or report by the hearing officer presiding at the hearing.
4. Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.
5. Findings of fact must be based exclusively on substantial evidence.
6. Any employee or other representative of the [welfare division] department who investigated or made the initial decision to deny, modify or cancel a grant of public assistance shall not participate in the making of any decision made pursuant to the hearing.
Sec. 14. NRS 422.298 is hereby amended to read as follows:
422.298 1. A decision or order issued by a hearing officer must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail to each party and to his attorney or other representative.
2. The [welfare division] department or an applicant for or recipient of public assistance or services may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which the applicant for or recipient of public assistance resides to review the decision. The district court shall review the decision on the record of the case before the hearing officer. The decision and record must be certified as correct and filed with the clerk of the court by the [state welfare administrator.] department.
Sec. 15. NRS 422.299 is hereby amended to read as follows:
422.299 1. Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the [welfare division,] department, the court may order that the additional evidence be taken before the [welfare division] department upon conditions determined by the court. The [welfare division] department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
2. The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the [welfare division,] department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
3. The court shall not substitute its judgment for that of the [welfare division] department as to the weight of the evidence on questions of fact. The court may affirm the decision of the [welfare division] department or remand the case for further proceedings. The court may reverse the decision and remand the case to the [division] department for further proceedings if substantial rights of the appellant have been prejudiced because the [welfare divisions] departments findings, inferences, conclusions or decisions are:
κ1999 Statutes of Nevada, Page 2231 (Chapter 466, AB 429)κ
(a) In violation of constitutional, regulatory or statutory provisions;
(b) In excess of the statutory authority of the [welfare division;] department;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the supreme court. The appeal must be taken in the manner provided for civil cases.
Sec. 16. NRS 422.306 is hereby amended to read as follows:
422.306 1. Upon receipt of a request for a hearing from a provider of services under the state plan for Medicaid, the division of health care financing and policy shall appoint a hearing officer to conduct the hearing. Any employee or other representative of the division of health care financing and policy who investigated or made the initial decision regarding the action taken against a provider of services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.
2. The division of health care financing and policy shall adopt regulations prescribing the procedures to be followed at the hearing.
3. The decision of the hearing officer is a final decision. Any party, including the division of health care financing and policy, who is aggrieved by the decision of the hearing officer may appeal that decision to the district court [.] in and for Carson City by filing a petition for judicial review within 30 days after receiving the decision of the hearing officer.
4. A petition for judicial review filed pursuant to this section must be served upon every party within 30 days after the filing of the petition for judicial review.
5. Unless otherwise provided by the court:
(a) Within 90 days after the service of the petition for judicial review, the division of health care financing and policy shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including, without limitation, a transcript of the evidence resulting in the final decision of the hearing officer;
(b) The petitioner who is seeking judicial review pursuant to this section shall serve and file an opening brief within 40 days after the division of health care financing and policy gives written notice to the parties that the record of the proceeding under review has been filed with the court;
(c) The respondent shall serve and file an answering brief within 30 days after service of the opening brief; and
(d) The petitioner may serve and file a reply brief within 30 days after service of the answering brief.
6. Within 7 days after the expiration of the time within which the petitioner may reply, any party may request a hearing. Unless a request for hearing has been filed, the matter shall be deemed submitted.
κ1999 Statutes of Nevada, Page 2232 (Chapter 466, AB 429)κ
7. The review of the court must be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the division of health care financing and policy;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Sec. 17. NRS 422.369 is hereby amended to read as follows:
422.369 A person authorized by the [welfare] division of health care financing and policy to furnish the types of medical and remedial care for which assistance may be provided under the plan, or an agent or employee of the authorized person, who, with the intent to defraud, furnishes such care upon presentation of a Medicaid card which he knows was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged, expired or revoked, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
Sec. 18. NRS 422.3742 is hereby amended to read as follows:
422.3742 1. If the plan for personal responsibility signed by the head of a household pursuant to NRS 422.3724 includes a provision providing for the payment of transitional assistance to the head of the household, the welfare division may provide transitional assistance to the head of the household if the household becomes ineligible for benefits for one or more of the reasons described in 42 U.S.C. § 608(a)(11). The welfare division shall not provide transitional assistance pursuant to this section for more than 12 consecutive months.
2. As used in this section, transitional assistance means:
(a) Assistance provided by the welfare division to low-income families to pay for the costs of child care; or
(b) Medicaid provided pursuant to the plan administered by the [welfare division] department pursuant to NRS 422.271.
Sec. 19. NRS 422.385 is hereby amended to read as follows:
422.385 1. The allocations and payments required pursuant to NRS 422.387 must be made, to the extent allowed by the state plan for Medicaid, from the Medicaid budget account.
2. Except as otherwise provided in subsection 3, the money in the intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the account exceeds the amount authorized for expenditure by the division of health care financing and policy for the purposes specified in NRS 422.387, the division of health care financing and policy is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.
κ1999 Statutes of Nevada, Page 2233 (Chapter 466, AB 429)κ
authorized for expenditure by the division of health care financing and policy for the purposes specified in NRS 422.387, the division of health care financing and policy is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.
3. If enough money is available to support Medicaid, money in the intergovernmental transfer account may be transferred to an account established for the provision of health care services to uninsured children [who are under the age of 13 years] pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the childrens health insurance program, if enough money is available to continue to satisfy existing obligations of the Medicaid program or to carry out the provisions of NRS 439B.350 to 439B.360.
Sec. 20. NRS 422.410 is hereby amended to read as follows:
422.410 1. Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance , or money, property, medical or remedial care or any other service provided pursuant to the childrens health insurance program, having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. For the purposes of subsection 1, whenever a recipient of temporary assistance for needy families pursuant to the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.
3. For the purposes of subsection 1, public assistance includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.
Sec. 21. NRS 422.580 is hereby amended to read as follows:
422.580 1. A provider who receives payment to which he is not entitled by reason of a violation of NRS 422.540, 422.550, 422.560 or 422.570 is liable for:
(a) An amount equal to three times the amount unlawfully obtained;
(b) Not less than $5,000 for each false claim, statement or representation;
(c) An amount equal to three times the total of the reasonable expenses incurred by the state in enforcing this section; and
(d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made pursuant to the plan.
2. A criminal action need not be brought against the provider before civil liability attaches under this section.
κ1999 Statutes of Nevada, Page 2234 (Chapter 466, AB 429)κ
3. A provider who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the provider returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.
4. The attorney general shall cause appropriate legal action to be taken on behalf of the state to enforce the provisions of this section.
5. Any penalty or repayment of money collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the [welfare division.] department.
Sec. 22. NRS 426A.060 is hereby amended to read as follows:
426A.060 1. The advisory committee on traumatic brain injuries, consisting of 11 members, is hereby created.
2. The administrator shall appoint to the committee:
(a) One member who is an employee of the rehabilitation division of the department.
(b) One member who is an employee of the [welfare] division of health care financing and policy of the department of human resources and participates in the administration of the state program providing Medicaid.
(c) One member who is a licensed insurer in this state.
(d) One member who represents the interests of educators in this state.
(e) One member who is a person professionally qualified in the field of psychiatric mental health.
(f) Two members who are employees of private providers of rehabilitative health care located in this state.
(g) One member who represents persons who operate community-based programs for head injuries in this state.
(h) One member who represents hospitals in this state.
(i) Two members who represent the recipients of health care in this state.
3. After the initial appointments, each member of the committee serves a term of 3 years.
4. The committee shall elect one of its members to serve as chairman.
5. Members of the committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally [.] , except that members of the committee may receive any per diem allowance and travel expenses that may be authorized by the committee if the payment of the per diem allowance and travel expenses:
(a) Is made from money received by the committee from a source other than the State of Nevada; and
(b) Is not inconsistent with any condition attached to the acceptance of that money.
6. The committee may:
(a) Make recommendations to the administrator relating to the establishment and operation of any program for persons with traumatic brain injuries.
(b) Make recommendations to the administrator concerning proposed legislation relating to traumatic brain injuries.
(c) Collect information relating to traumatic brain injuries.
κ1999 Statutes of Nevada, Page 2235 (Chapter 466, AB 429)κ
(d) Apply for grants.
(e) Accept and expend any money made available to the committee by gift, grant, donation or bequest.
7. The committee shall prepare a report of its activities and recommendations each year and submit a copy to the:
(a) Director of the department;
(b) Administrator;
(c) Legislative committee on health care; and
(d) Legislative commission.
8. As used in this section:
(a) Administrator means the administrator of the rehabilitation division of the department.
(b) Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 23. NRS 428.090 is hereby amended to read as follows:
428.090 1. When a nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners or by NRS 439B.310, if applicable, falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.
2. If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial or cremation.
3. Except as otherwise provided in NRS 422.382, the board of county commissioners shall make such allowance for the persons board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent provided in NRS 422.382 and to the extent of the amount of money or the value of services provided by:
(a) The [welfare division of the] department of human resources to or for such persons for medical care or any type of remedial care under the state plan for Medicaid; and
(b) The fund for hospital care to indigent persons under the provisions of NRS 428.115 to 428.255, inclusive.
Sec. 24. NRS 228.410 is hereby amended to read as follows:
228.410 1. The attorney general has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the plan or in the provision of medical assistance [.] pursuant to the plan. The provisions of this section notwithstanding, the welfare division and the division of health care financing and policy of the department of human resources shall enforce the plan and any regulations adopted pursuant thereto.
κ1999 Statutes of Nevada, Page 2236 (Chapter 466, AB 429)κ
and policy of the department of human resources shall enforce the plan and any regulations adopted pursuant thereto.
2. For this purpose, the attorney general shall establish within his office the Medicaid fraud control unit. The unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator who, to the extent practicable, have expertise in nursing, medicine and the administration of medical facilities.
3. The attorney general, acting through the Medicaid fraud control unit:
(a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;
(b) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the plan and, when appropriate, investigate and prosecute the persons responsible;
(c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities that receive payments under the plan and, when appropriate, shall prosecute the persons responsible;
(d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and
(e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out the provisions of this section.
4. When acting pursuant to NRS 228.175 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. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Plan means the state plan for Medicaid established pursuant to NRS 422.271.
Sec. 25. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
Childrens health insurance program has the meaning ascribed to it in section 2 of this act.
Sec. 26. NRS 232.365 is hereby amended to read as follows:
232.365 As used in NRS 232.365 to 232.373, inclusive, and section 25 of this act unless the context otherwise requires, the words and terms defined in NRS 232.367, 232.369 and 232.371 and section 25 of this act have the meanings ascribed to them in those sections.
Sec. 27. NRS 232.373 is hereby amended to read as follows:
232.373 The purposes of the division are:
1. To ensure that the Medicaid provided by this state [is] and the insurance provided pursuant to the childrens health insurance program in this state are provided in the manner that is most efficient to this state.
2. To evaluate alternative methods of providing Medicaid [.] and providing insurance pursuant to the childrens health insurance program.
κ1999 Statutes of Nevada, Page 2237 (Chapter 466, AB 429)κ
3. To review Medicaid , the childrens health insurance program and other health programs of this state to determine the maximum amount of money that is available from the Federal Government for such programs.
4. To promote access to quality health care for all residents of this state.
5. To restrain the growth of the cost of health care in this state.
Sec. 28. NRS 274.270 is hereby amended to read as follows:
274.270 1. The governing body shall investigate the proposal made by a business pursuant to NRS 274.260, and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this state or reduce employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter and NRS 374.643 for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:
(a) Unemployed persons who have resided at least 6 months in the municipality.
(b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.
(c) Recipients of benefits under any state or county program of public assistance, including , without limitation, temporary assistance for needy families, [aid to the medically indigent] Medicaid and unemployment compensation who have resided at least 6 months in the municipality.
(d) Persons with a physical or mental handicap who have resided at least 6 months in the state.
(e) Residents for at least 1 year of the area comprising the specially benefited zone.
2. To determine whether a business is in compliance with an agreement, the governing body:
(a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.
(b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specially benefited zone.
If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.
3. The governing body shall file with the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation a copy of each agreement, the information submitted under paragraph (a) of subsection 2 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation whenever the business is no longer certified.
κ1999 Statutes of Nevada, Page 2238 (Chapter 466, AB 429)κ
shall immediately notify the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation whenever the business is no longer certified.
Sec. 29. Chapter 439B of NRS is hereby amended by adding thereto a new section to read as follows:
Childrens health insurance program has the meaning ascribed to it in section 2 of this act.
Sec. 30. NRS 439B.010 is hereby amended to read as follows:
439B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 439B.030 to 439B.150, inclusive, and section 29 of this act have the meanings ascribed to them in those sections.
Sec. 31. NRS 439B.310 is hereby amended to read as follows:
439B.310 For the purposes of NRS 439B.300 to 439B.340, inclusive, indigent means those persons:
1. Who are not covered by any policy of health insurance;
2. Who are ineligible for Medicare, Medicaid, the childrens health insurance program, the benefits provided pursuant to NRS 428.115 to 428.255, inclusive, or any other federal or state program of public assistance covering the provision of health care;
3. Who meet the limitations imposed by the county upon assets and other resources or potential resources; and
4. Whose income is less than:
(a) For one person living without another member of a household, $438.
(b) For two persons, $588.
(c) For three or more persons, $588 plus $150 for each person in the family in excess of two.
For the purposes of this subsection, income includes the entire income of a household and the amount which the county projects a person or household is able to earn. Household is limited to a person and his spouse, parents, children, brothers and sisters residing with him.
Sec. 32. NRS 441A.220 is hereby amended to read as follows:
441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
κ1999 Statutes of Nevada, Page 2239 (Chapter 466, AB 429)κ
6. If the person who is the subject of the information consents in writing to the disclosure.
7. Pursuant to subsection 2 of NRS 441A.320.
8. If the disclosure is made to [the welfare division of] the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
10. If the disclosure is authorized or required by specific statute.
Sec. 33. NRS 632.072 is hereby amended to read as follows:
632.072 1. The advisory committee on nursing assistants, consisting of 10 members appointed by the board, is hereby created.
2. The board shall appoint to the advisory committee:
(a) One representative of facilities for long-term care;
(b) One representative of medical facilities which provide acute care;
(c) One representative of agencies to provide nursing in the home;
(d) One representative of the health division of the department of human resources;
(e) One representative of the [welfare] division of health care financing and policy of the department of human resources;
(f) One representative of the aging services division of the department of human resources;
(g) One representative of the American Association of Retired Persons or a similar organization;
(h) A nursing assistant;
(i) A registered nurse; and
(j) A licensed practical nurse.
3. The advisory committee shall advise the board with regard to matters relating to nursing assistants.
Sec. 34. NRS 689A.505 is hereby amended to read as follows:
689A.505 Creditable coverage means, with respect to a person, health benefits or coverage provided pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, also known as Medicare;
4. Title XIX of the Social Security Act, also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title;
5. Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS));
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
8. A health plan offered pursuant to chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program (FEHBP));
κ1999 Statutes of Nevada, Page 2240 (Chapter 466, AB 429)κ
9. A public health plan as defined in [federal regulations] 45 C.F.R. § 146.113, authorized by the Public Health Service Act, section 2701(c)(1)(I), as amended by Public Law 104-191 [; or] , 42 U.S.C. § 300gg(c)(1)(I);
10. A health benefit plan under section 5(e) of the Peace Corps Act , [(] 22 U.S.C. § 2504(e) [).] ; or
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive.
Sec. 35. NRS 689B.380 is hereby amended to read as follows:
689B.380 Creditable coverage means health benefits or coverage provided to a person pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, also known as Medicare;
4. Title XIX of the Social Security Act, also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title;
5. Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS));
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
8. A health plan offered pursuant to chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program (FEHBP));
9. A public health plan as defined in [federal regulations] 45 C.F.R. § 146.113, authorized by the Public Health Service Act, section 2701(c)(1)(I), as amended by Public Law 104-191 [; or] , 42 U.S.C. § 300gg(c)(1)(I);
10. A health benefit plan under section 5(e) of the Peace Corps Act , [(] 22 U.S.C. § 2504(e) [).] ; or
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive.
Sec. 36. NRS 689C.053 is hereby amended to read as follows:
689C.053 Creditable coverage means health benefits or coverage provided to a person pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, also known as Medicare;
4. Title XIX of the Social Security Act, also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title;
5. Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS));
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
8. A health plan offered pursuant to chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program (FEHBP));
9. A public health plan as defined in federal regulations authorized by the Public Health Service Act, section 2701(c)(1)(I), as amended by Public Law 104-191; [or]
κ1999 Statutes of Nevada, Page 2241 (Chapter 466, AB 429)κ
10. A health benefit plan under section 5(e) of the Peace Corps Act , [(] 22 U.S.C. § 2504(e) [).] ; or
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive.
Sec. 37. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid or insurance pursuant to the childrens health insurance program pursuant to a contract with the [welfare] division of health care financing and policy of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 38. Section 2 of chapter 442, Statutes of Nevada 1997, at page 1559, is hereby amended to read as follows:
Sec. 2. 1. On or before October 1, [1999,] 2001, except as otherwise provided in subsection 3, in carrying out its duties regarding the administration of Medicaid, the welfare division of the department of human resources may enter into a contract for the provision of pharmaceutical services through managed care to recipients of Medicaid if the welfare division and the legislative committee on health care determine that such a contract:
(a) Is cost effective;
(b) Is the most convenient method of providing pharmaceutical services to the recipients of Medicaid; and
(c) Includes access to pharmacies licensed in this state to the maximum extent possible.
2. If the welfare division enters into a contract pursuant to subsection 1, except for any limitations on coverage provided pursuant to 42 U.S.C. § 1396r-8(d)(2) or (6), the contract must provide for reimbursement for the dispensing of a drug to a recipient of Medicaid, without requiring any prior or retroactive approval, if the drug:
(a) Has been approved or designated as safe and effective by the Food and Drug Administration; and
κ1999 Statutes of Nevada, Page 2242 (Chapter 466, AB 429)κ
(b) Is prescribed by a physician who determines that the drug is appropriate for the diagnosis or treatment of the recipient of Medicaid.
3. The provisions of this section do not apply to a contract that provides services only to recipients who are eligible to receive benefits pursuant to:
(a) The program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act , [(] 42 U.S.C. §§ 601 et seq. , [)] and other provisions of that act relating to temporary assistance for needy families; or
(b) The child health assurance program established pursuant to 42 U.S.C. § 1396a(a)(10)(A)(i)(IV), (VI) or (VII).
Sec. 39. Section 89 of chapter 550, Statutes of Nevada 1997, at page 2644, is hereby amended to read as follows:
Sec. 89. 1. This section and sections 2 to 14.1, inclusive, 14.3 to 29, inclusive, 32 to 43, inclusive, 45, 47, 49 to 54, inclusive, 56, 57, 59, 63, 64, 67 to 71, inclusive, and 74 to 88, inclusive, of this act become effective on July 1, 1997.
2. Sections 1, 30, 30.5, 44, 46, 48, 54.5, 58, 60, 61, 62, 65, 66, 72 and 73 of this act become effective at 12:01 a.m. on July 1, 1997.
3. Sections 31 and 55 of this act become effective at 12:02 a.m. on July 1, 1997.
4. Section 14.2 of this act becomes effective on July 1, 1998.
5. Section 14.1 of this act expires by limitation on June 30, 1998.
6. Sections [1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54, inclusive, 55 to 80.3, inclusive, and 84 of this act, and subsection 1 of section 81 of this act, expires] 78 and 79 of this act expire by limitation on June 30, 1999.
Sec. 40. Section 3 of Assembly Bill No. 249 of this session is hereby amended to read as follows:
Sec. 3. NRS 422.2935 is hereby amended to read as follows:
422.2935 1. Except as otherwise provided in this section [, the welfare division shall,] and to the extent it is not prohibited by federal law and when circumstances allow [:
(a) Recover] , the welfare division shall recover benefits correctly paid for Medicaid from:
[(1)] (a) The undivided estate of the person who received those benefits; and
[(2)] (b) Any recipient of money or property from the undivided estate of the person who received those benefits.
[(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid 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
κ1999 Statutes of Nevada, Page 2243 (Chapter 466, AB 429)κ
(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, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.
3. Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.
4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.
5. The state welfare administrator may elect not to file a claim against the estate of a recipient of Medicaid 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 administrator shall adopt regulations defining the circumstances that constitute an undue hardship.
6. Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.
7. [An action to recover money owed to the department as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:
(a) The death of the recipient of Medicaid;
(b) The death of the surviving spouse of the recipient of Medicaid;
(c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and
(d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.] Any recovery by the welfare division from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:
(a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or
(b) The value of the remaining assets in the undivided estate,
whichever is less.
κ1999 Statutes of Nevada, Page 2244 (Chapter 466, AB 429)κ
Sec. 41. Section 4 of Assembly Bill No. 249 of this session is hereby amended to read as follows:
Sec. 4. NRS 422.29355 is hereby amended to read as follows:
422.29355 1. The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a) The welfare division may obtain a lien against a recipients property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.
(b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.
2. No lien may be placed on a recipients home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:
(a) His spouse;
(b) His child who is under 21 years of age or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
is lawfully residing in the home.
3. Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in NRS 422.054.
4. The state welfare administrator shall release a lien pursuant to this section:
(a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;
(b) If the lien was incorrectly determined; or
(c) Upon satisfaction of the claim of the welfare division.
Sec. 42. Assembly Bill No. 305 of this session is hereby amended by deleting sec. 33 and adding:
Sec. 33. (Deleted by amendment.)
Sec. 43. Assembly Bill No. 305 of this session is hereby amended by deleting sec. 37 and adding:
Sec. 37. (Deleted by amendment.)
Sec. 44. Section 45 of Assembly Bill No. 305 of this session is hereby amended to read as follows:
Sec. 45. [1. This section and sections 1 to 32, inclusive, 34, 35, 36, 38 to 44, inclusive, and 46 of this act become] This act becomes effective upon passage and approval.
κ1999 Statutes of Nevada, Page 2245 (Chapter 466, AB 429)κ
[2. Sections 33 and 37 of this act become effective at 12:01 a.m. on July 1, 1999.
3. Sections 32 and 36 of this act expire by limitation on July 1, 1999.]
Sec. 45. Section 2 of Assembly Bill No. 483 of this session is hereby amended to read as follows:
Sec. 2. NRS 441A.220 is hereby amended to read as follows:
441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
6. If the person who is the subject of the information consents in writing to the disclosure.
7. Pursuant to subsection 2 of NRS 441A.320 [.] or section 3 of this act.
8. If the disclosure is made to the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
10. If the disclosure is authorized or required by specific statute.
Sec. 46. Section 1 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:
(a) The local office of the aging services division of the department of human resources;
κ1999 Statutes of Nevada, Page 2246 (Chapter 466, AB 429)κ
(b) A police department or sheriffs office;
(c) The countys office for protective services, if one exists in the county where the suspected action occurred; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect, exploitation or isolation of an older person involves an act or omission of the aging services division, another division of the department of human resources or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
κ1999 Statutes of Nevada, Page 2247 (Chapter 466, AB 429)κ
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. A person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected, exploited or isolated, the aging services division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 47. Section 2 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 2. NRS 200.50984 is hereby amended to read as follows:
200.50984 1. Notwithstanding any other statute to the contrary, the local office of the aging services division of the department of human resources and a countys office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that persons medical and financial records.
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the [department of human resources] aging services division or the countys office for protective services shall obtain the consent of the older person before inspecting those records. If the [department of human resources] aging services division or the countys office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent.
κ1999 Statutes of Nevada, Page 2248 (Chapter 466, AB 429)κ
aging services division or the countys office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the [department of human resources] aging services division or the countys office for protective services shall obtain the consent of the guardian before inspecting those records. If the [department of human resources] aging services division or the countys office for protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
Sec. 48. Section 3 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 3. NRS 200.50986 is hereby amended to read as follows:
200.50986 The local office of the aging services division of the department of human resources or the countys office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the [department of human resources] aging services division or the countys office of protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5095 to 200.50995, inclusive.
Sec. 49. Section 4 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 1999.
Sec. 50. Section 1 of Senate Bill No. 398 of this session is hereby amended to read as follows:
Section 1. NRS 422.245 is hereby amended to read as follows:
422.245 Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the welfare division or the division of health care financing and policy is responsible and such other money as may be received by the state for such purposes must , except as otherwise provided in section 2 of this act, be deposited in the appropriate accounts of the welfare division or the division of health care financing and policy in the state general fund.
Sec. 51. Section 4 of Senate Bill No. 398 of this session is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 1999.
Sec. 52. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2249κ
Assembly Bill No. 400Assemblymen Lee, Anderson, Bache and Goldwater
CHAPTER 467
AN ACT relating to the devolution of property and rights; providing for the administration of trusts and the estates of decedents; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 71, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires, the words and terms defined in sections 3 to 71, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Abatement means a proportional reduction of a pecuniary devise when the money or other assets out of which the devise is payable are not sufficient to pay the devise in full.
Sec. 4. Acknowledgment means a declaration that an instrument has been executed for the purposes stated therein and, if the instrument was executed in a representative capacity, that the instrument was signed with proper authority and executed as the act of the person represented and identified therein.
Sec. 5. Administrator means a person not designated in a will who is appointed by the court to administer an estate.
Sec. 6. Agent means a person authorized to represent or act for another person, including an attorney in fact under a durable or nondurable power of attorney and a person authorized to make decisions concerning the health care of another person.
Sec. 7. Beneficiary, as it relates to:
1. A trust, includes a person who has a present or future interest, vested or contingent, and the owner of an interest by assignment or other transfer;
2. A charitable trust, includes any person entitled to enforce the trust;
3. An instrument designating a beneficiary, includes a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer at death; and
4. A beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under a designation, a donee, appointee or taker in default under a power of appointment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary or representative capacity is exercised,
but does not include a person who receives less than $100 under a will.
κ1999 Statutes of Nevada, Page 2250 (Chapter 467, AB 400)κ
Sec. 8. Child includes a person entitled to take as a child by intestate succession from the parent whose relationship is involved and excludes a person who is a stepchild, a foster child, a grandchild or any more remote descendant.
Sec. 9. Citation means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself in a specified way, or notifying a person of a hearing.
Sec. 10. Claim, in respect to the estate of a decedent, includes a liability of the decedent, whether arising in contract, in tort or otherwise, that arises before the death of the decedent.
Sec. 11. Codicil means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed or holographic will.
Sec. 12. Community property has the meaning ascribed to it in NRS 123.220.
Sec. 13. Community property with right of survivorship means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 14. Descendant includes descendants of all generations. For the purposes of this section, the relationship of parent and child at each generation is determined by the definitions of child and parent contained in this Title.
Sec. 15. Designation of beneficiary means a governing instrument naming a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death, or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer at death.
Sec. 16. Devise, used as a noun, means a testamentary disposition of real or personal property and, used as a verb, means to dispose of real or personal property by will.
Sec. 17. Devisee means a person designated in a will to receive a devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the term means the trust or trustee, and not a beneficiary of the trust.
Sec. 18. Disclaimant means a person who executes a disclaimer. The term includes a beneficiary and his guardian, personal representative, general attorney in fact, and special attorney in fact with power to disclaim.
Sec. 19. Disclaimer means a written instrument that declines, refuses, renounces or disclaims an interest to which a beneficiary would otherwise succeed.
Sec. 20. Distributee means a person who has received property of a decedent from his personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative.
κ1999 Statutes of Nevada, Page 2251 (Chapter 467, AB 400)κ
property received from a personal representative is a distributee of the personal representative. As used in this section, testamentary trustee includes a trustee to whom assets are transferred by will to the extent of the devised assets.
Sec. 21. Estate includes the property of the decedent or trust whose affairs are subject to this Title as it is originally constituted and as it exists from time to time during administration.
Sec. 22. Estate tax means federal estate tax, including any interest and penalty thereon.
Sec. 23. Executor means a person nominated in a will and appointed by the court to execute the provisions of the will and administer the estate of the decedent.
Sec. 24. Expenses of administration means funeral expenses and expenses actually and properly incurred by a personal representative in the administration of an estate, plus the fees of the personal representative, any attorney retained by him and any other consultant engaged by him.
Sec. 25. Family allowance means the money allocated from the estate by the court pursuant to NRS 146.030.
Sec. 26. Fiduciary includes a personal representative, guardian and trustee.
Sec. 27. Gift means a gratuitous transfer of property to a recipient for less than full market value.
Sec. 28. Governing instrument means:
1. A deed, will, trust, insurance policy or annuity, designated as payable on death;
2. A security registered as transferable on death;
3. A pension, profit-sharing, retirement or similar benefit plan;
4. An instrument creating or exercising a power of appointment or a power of attorney; or
5. A dispositive, appointive or nominative instrument of any similar type.
Sec. 29. Guardian means a person who has qualified as the guardian of a minor or incapacitated person pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.
Sec. 30. Heirs means persons, including the surviving spouse and the state, who are entitled by intestate succession to the property of a decedent.
Sec. 31. Holographic will means a testamentary document that complies with the requirements of NRS 133.090.
Sec. 32. Incapacitated person means a person who is impaired by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
Sec. 33. Interest means:
1. The whole of any property, real or personal, legal or equitable, present or future, or any part thereof, or any other estate therein;
2. A power to appoint, consume, apply or expend property; or
3. Any other right, power, privilege or immunity relating to property.
Sec. 34. Interested person includes an heir, devisee, child, spouse, creditor, beneficiary and any other person having a property right in or claim against a trust estate or the estate of a decedent. The term includes a person having priority for appointment as a personal representative and other fiduciaries representing interested persons.
κ1999 Statutes of Nevada, Page 2252 (Chapter 467, AB 400)κ
person having priority for appointment as a personal representative and other fiduciaries representing interested persons. The meaning as it relates to particular persons must be determined according to the particular purposes of, and matter involved in, a proceeding.
Sec. 35. Intestate, used as a noun, means a decedent who dies without leaving a will.
Sec. 36. Intestate estate includes an estate where no will has been offered or admitted to probate as the last will and testament and an estate where the will does not distribute the entire estate.
Sec. 37. Inventory means the description of assets required by NRS 144.040.
Sec. 38. Issue means children, grandchildren or more remote lineal descendants.
Sec. 39. Joint tenants with right of survivorship include co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others.
Sec. 40. Lease includes an oil, gas or other mineral lease.
Sec. 41. Letters includes letters testamentary, letters of administration, letters of administration with will annexed and letters of special administration.
Sec. 42. Lien means a charge upon property for the satisfaction of a debt, including an obligation not satisfied, a judgment, unpaid taxes and an unpaid obligation for materials or labor.
Sec. 43. Minor means a person who is under 18 years of age.
Sec. 44. Mortgage means a conveyance, agreement or arrangement in which property is encumbered or used as security.
Sec. 45. Notice means information provided pursuant to NRS 155.010, 155.020 or any other statute requiring advance information of an opportunity, obligation or the occurrence of an event.
Sec. 46. Oath means a form of attestation which affirms that the taker will faithfully perform the duties of a specified office.
Sec. 47. Order includes a declaration, decree or judgment by a court and is a final judgment for all purposes, including an appeal under NRS 155.190.
Sec. 48. Parent includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent, foster parent or grandparent.
Sec. 49. Person includes a natural person, organization, government or a governmental subdivision, agency or instrumentality.
Sec. 50. Personal representative includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.
Sec. 51. Petition means a verified written request to the court for an order.
κ1999 Statutes of Nevada, Page 2253 (Chapter 467, AB 400)κ
Sec. 52. Probate, used as a noun, means a legal proceeding in which the court has jurisdiction to administer, pay out and distribute the assets of a decedent to the persons entitled to them, including devisees, heirs, creditors and others.
Sec. 53. Probate homestead means a homestead that can be set apart by the court pursuant to NRS 146.020.
Sec. 54. Property means anything that may be the subject of ownership, and includes both real and personal property and any interest therein.
Sec. 55. Right of representation means the method of distributing property by which, through inheritance or succession, the descendants of a deceased heir take the same share or right in the estate of another person that their parent or other ancestor would have taken if living. A posthumous child is deemed living at the death of his parent.
Sec. 56. Security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.
Sec. 57. Separate property has the meaning ascribed to it in NRS 123.130.
Sec. 58. Settlement, in reference to the estate of a decedent, includes administration, distribution and closing.
Sec. 59. Settlor means the person who creates a trust, however described in the trust instrument.
Sec. 60. Special administrator means a personal representative appointed pursuant to chapter 140 of NRS.
Sec. 61. State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 62. Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.
Sec. 63. Successors means persons, other than creditors, who are entitled to property of a decedent under the terms of his will or pursuant to this Title.
Sec. 64. Tax includes an income, property, excise, estate, gift or inheritance tax.
Sec. 65. Testate estate means an estate with respect to which a will has been offered and admitted to probate.
Sec. 66. Testator means a person who makes a will.
Sec. 67. Trust means an interest in property held by one person for the benefit of another, established by an instrument executed during the life of the settlor or by his will. The term includes an express trust, private or charitable, with additions thereto, wherever and however created. The term also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust.
κ1999 Statutes of Nevada, Page 2254 (Chapter 467, AB 400)κ
under which the trust is to be administered in the manner of an express trust.
Sec. 68. Trustee includes an original, additional or successor trustee, whether or not appointed or confirmed by a court.
Sec. 69. Verification means a declaration that a statement is true, made under oath or affirmation under penalty of perjury for false statement.
Sec. 70. Ward means a person for whom a guardian has been appointed. A minor ward is one for whom a guardian has been appointed solely by reason of minority.
Sec. 71. Will means a formal document that provides for the distribution of the property of a decedent upon his death. The term includes a codicil and a testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
Sec. 72. NRS 132.010 is hereby amended to read as follows:
132.010 This Title [shall] must be liberally construed [, to the end that justice may be done all parties, and] so that a speedy settlement of estates is accomplished at the least expense [secured.] to the parties.
Sec. 73. NRS 133.040 is hereby amended to read as follows:
133.040 No will executed in this state, except [such nuncupative wills and] such holographic wills as are mentioned in this chapter, [shall be] is valid unless it [be] is in writing and signed by the testator, or by [some person in his presence, and by his] an attending person at the testators express direction, and attested by at least two competent witnesses [, subscribing] who subscribe their names to the will in the presence of the testator.
Sec. 74. NRS 133.045 is hereby amended to read as follows:
133.045 1. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed of and the [legatees.] names of the devisees.
(e) The testators signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testators death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the will.
κ1999 Statutes of Nevada, Page 2255 (Chapter 467, AB 400)κ
Sec. 75. NRS 133.050 is hereby amended to read as follows:
133.050 1. Any or all of the attesting witnesses to any will may [, at the request of the testator, make and] sign an affidavit before any person authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove the will. The affidavit must be written on the will [,] or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court [of probate] as if it had been taken before the court.
2. The affidavit described in subsection 1 may be substantially in form as follows:
State of Nevada }
}ss.
County of............................... }
(Date)
Then and there personally appeared [the within-named] ................ and ................., who, being duly sworn, depose and say: That they witnessed the execution of the [within] foregoing will of the [within-named] testator, ................; that the testator subscribed the will and declared [the same] it to be his last will and testament in their presence; that they thereafter subscribed the [same] will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory . [, and that they make this affidavit at the request of the testator.]
Affiant
Affiant
Subscribed and sworn to before me this .....
day of........, [19...] .............
Notary Public
Sec. 76. NRS 133.055 is hereby amended to read as follows:
133.055 A signature affixed to a self-proving affidavit attached to a will and executed at the same time as the will is considered a signature affixed to the will if necessary to prove the execution of the will.
Sec. 77. NRS 133.060 is hereby amended to read as follows:
133.060 All [beneficial devises, legacies and gifts whatsoever made or given in any] devises in a will to a subscribing witness [thereto shall be] are void unless there are two other competent subscribing witnesses to the [same.] will.
κ1999 Statutes of Nevada, Page 2256 (Chapter 467, AB 400)κ
Sec. 78. NRS 133.080 is hereby amended to read as follows:
133.080 1. If in writing and subscribed by the testator, a last will and testament executed [without] outside this state in the [mode] manner prescribed by the law, either of the state where executed or of the testators domicile, shall be deemed to be legally executed, and [shall be] is of the same force and effect as if executed in the [mode] manner prescribed by the law of this state.
2. This section [shall] must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Sec. 79. NRS 133.090 is hereby amended to read as follows:
133.090 1. A holographic will is [one that is entirely written, dated and signed] a will in which the signature, date and material provisions are written by the hand of the testator [himself.] , whether or not it is witnessed or notarized. It is subject to no other form, and may be made in or out of this state . [and need not be witnessed.]
2. Every person of sound mind [,] over the age of 18 years [, including married women,] may, by last holographic will, dispose of all of [his or her] the estate, real or personal, [the same being] but the estate is chargeable with the payment of the testators debts.
3. Such wills [shall be] are valid and have [full effect for the purpose for which they are intended.] the same force and effect as if formally executed.
Sec. 80. NRS 133.100 is hereby amended to read as follows:
133.100 [1. No nuncupative or verbal will shall be good unless:
(a) The same be proved by two witnesses who were present at the making thereof; and
(b) It be proved that the testator, at the time of pronouncing the same, did bid someone present to bear witness that such was his will, or words of like import; and
(c) It was made at the time of the last sickness of the deceased.
2. No nuncupative or verbal will shall be good where the estate bequeathed exceeds the value of $1,000.] A nuncupative or oral will is not valid.
Sec. 81. NRS 133.105 is hereby amended to read as follows:
133.105 1. A security issued in registered form which contains the words transferable on death to a named person, or equivalent language or abbreviation, is effective to transfer the interest evidenced by the security to that person, upon the death of its owner, without compliance with the formal requirements of this chapter for the execution of wills. [As used in this subsection, security and registered form have the meanings ascribed to them in NRS 104.8102.]
2. A security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive, is effective to transfer the interest evidenced by the security to the beneficiary at the death of the owner or the deaths of all multiple owners, without compliance with the formal requirements of this chapter for the execution of wills.
3. As used in this section, security and registered form have the meanings ascribed to them in NRS 104.8102.
κ1999 Statutes of Nevada, Page 2257 (Chapter 467, AB 400)κ
Sec. 82. NRS 133.115 is hereby amended to read as follows:
133.115 Divorce or annulment of the marriage of the testator revokes every [beneficial devise, legacy or] devise, beneficial interest or designation to serve as personal representative given to the testators former spouse in a will executed before the entry of the decree of divorce or annulment unless otherwise:
1. Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings ; [and not merged in the decree;] or
2. Ordered by the court in the divorce or annulment proceedings,
and the will [shall take] takes effect in the same manner as if the former spouse had died before the testator.
Sec. 83. NRS 133.120 is hereby amended to read as follows:
133.120 1. [No will in writing shall be revoked unless:
(a) By burning,] A written will may only be revoked by:
(a) Burning, tearing, canceling or obliterating the [same,] will, with the intention of revoking it, by the testator, or by some person in [his presence, or by his direction; or
(b) By some other] the presence and at the direction of the testator; or
(b) Another will or codicil in writing, executed as prescribed in this chapter.
2. [Nothing contained in this section shall] This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator.
Sec. 84. NRS 133.130 is hereby amended to read as follows:
133.130 If, after the making of any will, the testator [shall duly make and execute] executes a second will, the destruction, cancellation or revocation of the second will [shall] does not revive the first will, unless it appears by the terms of [such] the revocation that it was the intention to revive and give effect to the first will, or unless, after [such] the destruction, cancellation or revocation, the first will [shall be duly] is reexecuted.
Sec. 85. NRS 133.140 is hereby amended to read as follows:
133.140 A bond, covenant or agreement made by a testator to convey any property devised [or bequeathed] in any will previously made [shall not be deemed] is not a revocation of [such] the previous devise [or bequest; but such property shall pass] , but the property passes by the devise , [or bequest,] subject to the same remedies on the bond, covenant or agreement, for the specific performance or otherwise, against the [devisees or legatees,] devisee, as might be had by law against the heirs of the testator, if the [same] property had descended to them.
Sec. 86. NRS 133.150 is hereby amended to read as follows:
133.150 A charge or encumbrance upon any estate, for the purpose of securing the payment of money, or the performance of any covenant or agreement, [shall not be deemed] is not a revocation of [any] a will relating to the same estate which was previously executed, but the [devise and legacies] devises therein contained [shall pass,] pass subject to [such] the charge or encumbrance.
κ1999 Statutes of Nevada, Page 2258 (Chapter 467, AB 400)κ
Sec. 87. NRS 133.155 is hereby amended to read as follows:
133.155 A specific devise passes subject to any mortgage or lien existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Sec. 88. NRS 133.160 is hereby amended to read as follows:
133.160 When [any child shall have been] a child is born after the making of [its parents will,] a will by a parent of that child and no provision [shall be] is made for [him or her therein, such child shall have] the child in the will, the child is entitled to the same share in the estate of the testator as if the testator had died intestate, unless it [shall be] is apparent from the will that it was the intention of the testator that no provision should be made for [the] that child.
Sec. 89. NRS 133.170 is hereby amended to read as follows:
133.170 When [any testator shall omit to provide in his or her will for any of his or her children or for the issue of any deceased child, it shall] the child of a testator or the issue of a deceased child of a testator is omitted from the testators will, it must be presumed that the omission was intentional. Should the court find that the omission was unintentional, [such] the child, or the issue of [any] the deceased child, [shall have] is entitled to the same share in the estate of the testator as if [he or she] the testator had died intestate.
Sec. 90. NRS 133.180 is hereby amended to read as follows:
133.180 When any share of the estate of a testator [shall be] is assigned to a child born after the making of a will, or to a child or the issue of a child omitted in the will, as mentioned in NRS 133.160 and 133.170, the [same shall] share must first be taken from the estate not disposed of by the will, if any. If that [shall not be] is not sufficient, so much as [shall be necessary shall] is necessary must be taken from all the devisees [or legatees,] in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific devise [or bequest,] or other provision in the will [,] would thereby be defeated. In [such case, such] that case, the specific devise [, legacy] or provision may be exempted from [such] the apportionment, and a different apportionment, consistent with the intention of the testator, may be adopted.
Sec. 91. NRS 133.190 is hereby amended to read as follows:
133.190 If [such] the child or children, or their descendants, so unprovided for, [shall] have had an equal proportion of the testators estate bestowed upon them in the testators lifetime, by way of an advancement, as provided in NRS 151.120, they [shall] take nothing [in virtue of the provisions of] under NRS 133.160, 133.170 and 133.180.
Sec. 92. NRS 133.200 is hereby amended to read as follows:
133.200 When any estate [shall be devised or bequeathed] is devised to any child or other relation of the testator, and the devisee [or legatee shall die] dies before the testator, leaving lineal descendants, [such] those descendants, in the absence of a provision in the will to the contrary, [shall] take the estate so given by the will in the same manner as the devisee [or legatee] would have done if [he] the devisee had survived the testator.
κ1999 Statutes of Nevada, Page 2259 (Chapter 467, AB 400)κ
Sec. 93. NRS 133.210 is hereby amended to read as follows:
133.210 Every devise of [land] real property in any will [shall be construed to convey] conveys all the estate of the [devisor] testator therein which [he] could lawfully [devise,] be devised, unless it [shall clearly appear] clearly appears by the will that [he] the testator intended to convey a [less] lesser estate.
Sec. 94. NRS 133.220 is hereby amended to read as follows:
133.220 Any estate, right or interest in [lands] real property acquired by the testator after the making of [his or her will shall pass] a will passes thereby in like manner as if it had been acquired [prior to] before the time of making the will, if [such should manifestly appear] that manifestly appears by the will to have been the intention of the testator.
Secs. 95-98. (Deleted by amendment.)
Sec. 99. NRS 134.040 is hereby amended to read as follows:
134.040 1. If the decedent leaves a surviving [husband or wife,] spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving [husband or wife,] spouse and one-half to [such] the child or the issue of [such] the child.
2. If the decedent leaves a surviving [husband or wife,] spouse and more than one child living, or [one] a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving [husband or wife,] spouse and the remainder in equal shares to [his or her] the children and the lawful issue of any deceased child by right of representation.
[3. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all the lineal descendants are in the same degree of kindred to the intestate, they shall share equally; otherwise, they shall take according to the right of representation.]
Sec. 100. NRS 134.050 is hereby amended to read as follows:
134.050 1. If the decedent [shall leave] leaves no issue, the estate [shall go] goes one-half to the surviving [husband or wife,] spouse, one-fourth to the [intestates father,] father of the decedent and one-fourth to the [intestates mother,] mother of the decedent, if both are living . [; if not,] If both parents are not living, one-half to either the father or the mother then living.
2. If the decedent [shall leave] leaves no issue, or father [,] or mother, one-half of the separate property of the [intestate shall go] decedent goes to the surviving [husband or wife,] spouse and the other one-half [thereof shall go] goes in equal shares to the brothers and sisters of the [intestate, and to the children of any deceased brother or sister by right of representation.] decedent.
3. If the decedent [shall leave no issue, or husband, or wife,] leaves no issue or surviving spouse, the estate [shall go] goes one-half to the [intestates] father of the decedent and one-half to the [intestates mother,] mother of the decedent, if both are living . [; if not,] If both parents are not living, the whole estate [shall go] goes to either the father or the mother then living.
κ1999 Statutes of Nevada, Page 2260 (Chapter 467, AB 400)κ
4. If the decedent [shall leave] leaves no issue, father, mother, brother [,] or sister, or children of any issue, all of the separate property of the [intestate shall go] decedent goes to the surviving [husband or wife.] spouse.
Sec. 101. NRS 134.060 is hereby amended to read as follows:
134.060 If there [be] is no issue, [or husband, or wife,] surviving spouse, or father [,] or mother, then the estate goes in equal shares to the brothers and sisters of the [intestate,] decedent and to the children of any deceased brother or sister by right of representation.
Sec. 102. NRS 134.070 is hereby amended to read as follows:
134.070 If the [intestate shall leave] decedent leaves no issue, [or husband, or wife,] surviving spouse, or father [,] or mother, and no brother or sister living at [his or her] the time of death, the estate [shall go] goes to the next of kin in equal degree, [excepting that when] except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors [shall be] are preferred to those who claim through ancestors more remote . [; but if] If any person [shall die] dies leaving several children, or leaving [one] a child and issue of one or more children, and any such surviving child [shall die] dies under age and not having been married, all [of] the estate that came to the deceased child by inheritance from the deceased parent [shall descend] descends in equal shares to the other children of the same parent, and to the issue of any other children who may have died, by right of representation.
Sec. 103. NRS 134.080 is hereby amended to read as follows:
134.080 [If at] At the death of a child [, who shall die] who is under age and has not [having] been married, all the other children of the parent being also dead, [and] if any of [them shall have] the other children left issue, the estate that came to [such] the child by inheritance from [his or her parent shall descend] the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child they [shall] are entitled to share the estate equally; otherwise, they [shall] are entitled to take according to the right of representation.
Sec. 104. NRS 134.090 is hereby amended to read as follows:
134.090 If the decedent leaves no surviving [husband or wife,] spouse, but there [be] is a child or children, the estate [shall, if there be] , if there is only one child, all [go] goes to that child . [; and if there be] If there is more than one child, the estate [shall descend and be distributed] goes to all the [intestates children,] children of the decedent, to share and share alike.
Sec. 105. NRS 134.100 is hereby amended to read as follows:
134.100 If the decedent leaves no surviving [husband or wife,] spouse, but there [shall be] is a child or children and the lawful issue of a child or children, the estate [shall descend and be distributed to such] goes to the child or children and lawful issue of [such] the child or children by right of representation as follows: To [such] the child or children , each a [childs part,] share and to the lawful issue of each deceased child, by right of representation, the same [part and proportion that its] share that the parent would have received [in case] if the parent had been living at the time of the [intestates death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had the parent been living at the time of the intestates death.] death of the decedent.
κ1999 Statutes of Nevada, Page 2261 (Chapter 467, AB 400)κ
Sec. 106. NRS 134.110 is hereby amended to read as follows:
134.110 If the decedent leaves no surviving [husband or wife,] spouse, or child or children, but there [be] is the lawful issue of a child or children, all [of] the estate [shall descend] desends and must be distributed to the lawful issue of [such] the child or children by right of representation, and this rule [shall apply] applies to the lawful issue of all such children, and to the lawful issue ad infinitum.
Sec. 107. NRS 134.120 is hereby amended to read as follows:
134.120 If the [intestate shall leave no husband, or wife,] decedent leaves no surviving spouse, or kindred, the estate [shall escheat] escheats to the state for educational purposes.
Sec. 108. NRS 134.160 is hereby amended to read as follows:
134.160 Kindred of the half blood [shall] inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the [intestate] decedent by descent [, devise or gift from some one of his or her ancestors,] or devise from an ancestor, in which case all those who are not of the blood of [such ancestors shall be] the ancestor are excluded from the inheritance.
Sec. 109. NRS 134.210 is hereby amended to read as follows:
134.210 Whenever [any wife] one spouse dies intestate, leaving heirs, if the [husband] other spouse dies intestate [subsequently to his wife,] after the first spouse, without heirs, leaving property, [his] the estate of the second spouse to die vests in the heirs of the [wife,] first spouse to die, subject to expenses of administration and payment of legal debts against the estate.
Sec. 110. NRS 135.020 is hereby amended to read as follows:
135.020 Where the title to property or the devolution thereof depends upon priority of death and there is [no sufficient] insufficient evidence that the persons [have] died otherwise than simultaneously, the property of each person [shall] must be disposed of as if [he] that person had survived, except as provided otherwise in this chapter.
Sec. 111. NRS 135.030 is hereby amended to read as follows:
135.030 Where two or more beneficiaries are designated to take successively by reason of survivorship under another persons disposition of property and there is [no sufficient] insufficient evidence that these beneficiaries [have] died otherwise than simultaneously the property thus disposed of [shall] must be divided into as many equal portions as there are successive beneficiaries and these portions [shall] must be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Sec. 112. NRS 135.040 is hereby amended to read as follows:
135.040 Where there is [no sufficient] insufficient evidence that two joint tenants or [tenants by the entirety have] spouses holding title to community property with right of survivorship died otherwise than simultaneously , the property so held [shall] must be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed [shall] must be in the proportion that one bears to the whole number of joint tenants.
κ1999 Statutes of Nevada, Page 2262 (Chapter 467, AB 400)κ
Sec. 113. NRS 135.050 is hereby amended to read as follows:
135.050 Where the insured and the beneficiary in a policy of life or accident insurance have died and there is [no sufficient] insufficient evidence that they [have] died otherwise than simultaneously , the proceeds of the policy [shall] must be distributed as if the insured had survived the beneficiary.
Sec. 114. NRS 135.060 is hereby amended to read as follows:
135.060 Except as otherwise provided in NRS 135.050 or in a premarital agreement between [the husband and wife] spouses which is enforceable pursuant to chapter 123A of NRS, where [a husband and wife] both spouses have died, leaving community property, and there is [no sufficient] insufficient evidence that they [have] died otherwise than simultaneously, one-half of all the community property must be distributed as if [the husband] one spouse had survived and the other one-half thereof must be distributed as if the [wife] other spouse had survived.
Sec. 115. NRS 135.080 is hereby amended to read as follows:
135.080 This chapter [shall] does not apply in the case of wills, living trusts, deeds, or contracts [of insurance wherein] in which provision has been made for distribution of property different from the provisions of this chapter.
Sec. 116. NRS 136.010 is hereby amended to read as follows:
136.010 1. Wills may be proved and letters [testamentary or letters of administration] granted in the county [of which the deceased] where the decedent was a resident at the time of death, whether death occurred in that county or elsewhere, and the district court of that county [shall have] has exclusive jurisdiction of the settlement of such estates, whether the estate is in one or more counties.
2. The estate of a nonresident decedent may be settled by the district court of any county [wherein] in which any part of the estate [may be.] is located. The district court to which application [shall first be made shall have] is first made has exclusive jurisdiction of the settlement of estates of nonresidents.
Sec. 117. NRS 136.020 is hereby amended to read as follows:
136.020 [No] A district judge shall not admit any will to probate, or grant letters [testamentary or letters of administration,] in any case where [:
1. He shall be interested] The judge is:
1. Interested as next of kin to the deceased.
2. [He is a legatee or] A devisee under the will.
3. [He is named as executor] Named as personal representative or trustee in the will.
4. [He is a] A witness to the will.
Sec. 118. NRS 136.030 is hereby amended to read as follows:
136.030 1. [When any] If a district judge, who would otherwise be authorized to act, [shall be] is precluded from acting from the causes mentioned in NRS 136.020, or [when he shall] if the judge is interested in any manner [be interested, he] , the judge shall transfer all proceedings in the matter of the estate to another judge of the same county, if there [be] is one, who is not disqualified to act in the settlement of the estate, or [he shall call a district] the judge shall request a judge of another district to hold the court [of his] in the other county.
κ1999 Statutes of Nevada, Page 2263 (Chapter 467, AB 400)κ
district] the judge shall request a judge of another district to hold the court [of his] in the other county.
2. The judge to whom the matter is transferred or [such] the other district judge shall hold court and [be] is vested with all the powers of the court and judge so disqualified, and [shall retain] retains jurisdiction as to all subsequent proceedings in regard to the estate.
Sec. 119. NRS 136.040 is hereby amended to read as follows:
136.040 If, before the administration of any estate transferred as provided in NRS 136.030 is closed, another person becomes judge of the court [wherein such] in which the proceeding was originally commenced who is not disqualified to act in the settlement of the estate, and the causes for which the proceeding was transferred no longer exist, any interested person [interested in the estate] may have the proceeding returned to the judge who [has] succeeded the disqualified judge, by filing a petition setting forth these facts and moving the court [therefor.] to grant the petition. If these facts are satisfactorily shown , the court must make an order transferring the proceeding back to the judge who is not disqualified.
Sec. 120. NRS 136.050 is hereby amended to read as follows:
136.050 1. Any person having [any will in his] possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the [person] personal representative named in the will . [to execute it.]
2. Any person named as [executor or executrix in any] personal representative in a will shall, within 30 days after the death of the testator , [or testatrix,] or within 30 days after knowledge of [such naming,] being named, present the will, if in possession of it, to the [district] clerk of the court.
3. Every person who [shall neglect] neglects to perform any of the duties required in subsections 1 and 2 without reasonable cause [, shall be] is liable to every person interested in the will for the damages [such] the interested person may sustain by reason of [such] the neglect.
Sec. 121. NRS 136.060 is hereby amended to read as follows:
136.060 1. If it is alleged in any petition that [any] the will of a [deceased person] decedent is in the possession of a third person, and the court [shall be] is satisfied that the allegation is correct, an order [shall] must be issued and served upon the person having possession of the will, requiring that person to produce it at a time to be named in the order.
2. Any person having the possession of a will who neglects or refuses to produce it in obedience to such an order may, by warrant from the court, be committed to the county jail, and be kept in close confinement until [such] the person produces the will. The [judge] court may make all other necessary orders at chambers to enforce the production of the will.
Sec. 122. NRS 136.070 is hereby amende