κ1999 Statutes of Nevada, Page 2993 (Chapter 571, AB 697)κ
years after which time any unexpended amounts revert to the State General Fund. If a challenge grant project is completed in less than 3 fiscal years, any unexpended money must not be reallocated and reverts to the State General Fund at the close of the fiscal year.
3. All money appropriated by section 18 of this act other than the sums designated in subsection 1 to support the challenge grant program is subject to the provisions of section 47 of this act.
Sec. 61. 1. This section and section 52 of this act become effective upon passage and approval.
2. Sections 1 to 51, inclusive, and 53 to 60, inclusive, of this act become effective on July 1, 1999.
________
Senate Bill No. 451Senators Schneider, OConnell, Rawson, Amodei, Coffin and Porter
CHAPTER 572
AN ACT relating to common-interest communities; requiring an association of a common-interest community to prepare and distribute operating and reserve budgets; requiring the executive board of such an association to conduct studies of the reserves of the association; requiring the ombudsman for owners in common-interest communities to maintain a registration of each association organized in this state; expanding the authority of the real estate commission to issue subpoenas; making the statutory requirements for common-interest communities applicable to certain preexisting communities; revising the manner in which fines may be imposed for a violation of the governing documents of an association; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. Administrator means the administrator of the real estate division of the department of business and industry.
Sec. 3. 1. Except as otherwise provided in subsection 2 and unless the declaration of a common-interest community imposes more stringent standards, the executive board of an association shall, not less than 30 days or more than 60 days before the beginning of the fiscal year of the association, prepare and distribute to each units owner a copy of:
(a) The budget for the daily operation of the association. The budget must include, without limitation, the estimated annual revenue and expenditures of the association and any contributions to be made to the reserve account of the association.
(b) The budget to maintain the reserve required by paragraph (b) of subsection 2 of NRS 116.3115. The budget must include, without limitation:
κ1999 Statutes of Nevada, Page 2994 (Chapter 572, SB 451)κ
(1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component of the common elements;
(2) As of the end of the fiscal year for which the budget is prepared, the current estimate of the amount of cash reserves that are necessary, and the current amount of accumulated cash reserves that are set aside, to repair, replace or restore the major components of the common elements;
(3) A statement as to whether the executive board has determined or anticipates that the levy of one or more special assessments will be required to repair, replace or restore any major component of the common elements or to provide adequate reserves for that purpose; and
(4) A general statement describing the procedures used for the estimation and accumulation of cash reserves pursuant to subparagraph (2), including, without limitation, the qualifications of the person responsible for the preparation of the study required by section 4 of this act.
2. In lieu of distributing copies of the budgets of the association required by subsection 1, the executive board may distribute to each units owner a summary of those budgets, accompanied by a written notice that the budgets are available for review at the business office of the association or other suitable location and that copies of the budgets will be provided upon request.
Sec. 4. 1. The executive board of an association shall:
(a) Cause to be conducted at least once every 5 years, a study of the reserves required to repair, replace and restore the major components of the common elements;
(b) Review the results of that study at least annually to determine if those reserves are sufficient; and
(c) Make any adjustments it deems necessary to maintain the required reserves.
2. The study required by subsection 1 must be conducted by a person qualified by training and experience to conduct such a study, including a member of the executive board, a units owner or the property manager of the association who is so qualified. The study must include, without limitation:
(a) A summary of an inspection of the major components of the common elements the association is obligated to repair, replace or restore;
(b) An identification of the major components of the common elements that the association is obligated to repair, replace or restore which have a remaining useful life of less than 30 years;
(c) An estimate of the remaining useful life of each major component identified pursuant to paragraph (b);
(d) An estimate of the cost of repair, replacement or restoration of each major component identified pursuant to paragraph (b) during and at the end of its useful life; and
(e) An estimate of the total annual assessment that may be required to cover the cost of repairing, replacement or restoration the major components identified pursuant to paragraph (b), after subtracting the reserves of the association as of the date of the study.
κ1999 Statutes of Nevada, Page 2995 (Chapter 572, SB 451)κ
3. The administrator shall adopt by regulation the qualifications required for conducting a study required by subsection 1.
Sec. 5. Money in the reserve account of an association required by paragraph (b) of subsection 2 of NRS 116.3115 may not be withdrawn without the signatures of at least two members of the executive board or the signatures of at least one member of the executive board and one officer of the association who is not a member of the executive board.
Sec. 6. 1. A meeting of the executive board of an association must be held at least once every 90 days.
2. Except in an emergency or unless the bylaws of an association require a longer period of notice, the secretary or other officer specified in the bylaws of the association shall, not less than 10 days before the date of a meeting of the executive board, cause notice of the meeting to be given to the units owners. Such notice must be:
(a) Sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner; or
(b) Published in a newsletter or other similar publication that is circulated to each units owner.
3. In an emergency, the secretary or other officer specified in the bylaws of the association shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the common-interest community or posted in a prominent place or places within the common elements of the association.
4. The notice of a meeting of the executive board of an association must state the time and place of the meeting and include a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the units owners of the association. The notice must include notification of the right of a units owner to:
(a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request and, if required by the executive board, upon payment to the association of the cost of making the distribution.
(b) Speak to the association or executive board, unless the executive board is meeting in executive session.
5. The agenda of the meeting of the executive board of an association must comply with the provisions of subsection 3 of NRS 116.3108. The period required to be devoted to comments by units owners and discussion of those comments must be scheduled for the beginning of each meeting. In an emergency, the executive board may take action on an item which is not listed on the agenda as an item on which action may be taken.
6. At least once every 90 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review at one of its meetings:
(a) A current reconciliation of the operating account of the association;
(b) A current reconciliation of the reserve account of the association;
κ1999 Statutes of Nevada, Page 2996 (Chapter 572, SB 451)κ
(c) The actual revenues and expenses for the reserve account, compared to the budget for that account for the current year;
(d) The latest account statements prepared by the financial institutions in which the accounts of the association are maintained;
(e) An income and expense statement, prepared on at least a quarterly basis, for the operating and reserve accounts of the association; and
(f) The current status of any civil action or claim submitted to arbitration or mediation in which the association is a party.
7. The minutes of a meeting of the executive board of an association must be made available to the units owners in accordance with the provisions of subsection 5 of NRS 116.3108.
8. As used in this section, emergency means any occurrence or combination of occurrences that:
(a) Could not have been reasonably foreseen;
(b) Affects the health, welfare and safety of the units owners of the association;
(c) Requires the immediate attention of, and possible action by, the executive board; and
(d) Makes it impracticable to comply with the provisions of subsection 2 or 5.
Sec. 7. 1. Each association shall, at the time it pays the fee required by NRS 116.31155, register with the ombudsman for owners in common-interest communities on a form prescribed by the ombudsman.
2. The form for registration must include, without limitation, the information required to be maintained pursuant to paragraph (d) of subsection 4 of NRS 116.1116.
Sec. 8. 1. To carry out the purposes of this chapter, the real estate commission, or any member thereof, may issue subpoenas to compel the attendance of witnesses and the production of books, records and other papers.
2. If any person fails to comply with a subpoena issued by the commission pursuant to this section within 10 days after its issuance, the commission may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and show cause why he has not complied with the subpoena. A certified copy must be served upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.
Sec. 9. 1. Except as otherwise provided in this subsection, the executive board of an association shall, upon the written request of a units owner, make available the books, records and other papers of the association for review during the regular working hours of the association. The provisions of this subsection do not apply to:
(a) The personnel records of the employees of the association; and
κ1999 Statutes of Nevada, Page 2997 (Chapter 572, SB 451)κ
(b) The records of the association relating to another units owner.
2. If the executive board refuses to allow a units owner to review the books, records or other papers of the association, the ombudsman for owners in common-interest communities may:
(a) On behalf of the units owner and upon written request, review the books, records or other papers of the association during the regular working hours of the association; and
(b) If he is denied access to the books, records or other papers, request the commission to issue a subpoena for their production.
Secs. 10 and 11. (Deleted by amendment.)
Sec. 12. If any change is made to the governing documents of an association, the secretary or other officer specified in the bylaws of the association shall, within 30 days after the change is made, prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner, a copy of the change that was made.
Sec. 13. 1. The executive board of an association shall maintain and make available for review at the business office of the association or other suitable location:
(a) The financial statement of the association;
(b) The budgets of the association required to be prepared pursuant to section 3 of this act; and
(c) The study of the reserves of the association required to be conducted pursuant to section 4 of this act.
2. The executive board shall provide a copy of any of the records required to be maintained pursuant to subsection 1 to a units owner or the ombudsman for owners in common-interest communities within 14 days after receiving a written request therefor. The executive board may charge a fee to cover the actual costs of preparing a copy, but not to exceed 25 cents per page.
Sec. 14. NRS 116.1116 is hereby amended to read as follows:
116.1116 1. The office of the ombudsman for owners in common-interest communities is hereby created within the real estate division of the department of business and industry.
2. The administrator [of the real estate division] shall appoint the ombudsman for owners in common-interest communities. The ombudsman for owners in common-interest communities is in the unclassified service of the state.
3. The ombudsman for owners in common-interest communities must be qualified by training and experience to perform the duties and functions of his office.
4. The ombudsman for owners in common-interest communities shall:
(a) Assist in processing claims submitted to mediation or arbitration pursuant to NRS 38.300 to 38.360, inclusive;
(b) Assist owners in common-interest communities to understand their rights and responsibilities as set forth in this chapter and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities; [and]
κ1999 Statutes of Nevada, Page 2998 (Chapter 572, SB 451)κ
(c) Assist persons appointed or elected to serve on executive boards of associations to carry out their duties [.] ; and
(d) Compile and maintain a registration of each association organized within the state which includes, without limitation:
(1) The name, address and telephone number of the association;
(2) The name of the person engaged in property management for the common-interest community or the name of the person who manages the property at the site of the common-interest community;
(3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;
(4) The name of the declarant;
(5) The number of units in the common-interest community; and
(6) The total annual assessment made by the association.
Sec. 15. NRS 116.1117 is hereby amended to read as follows:
116.1117 1. There is hereby created the account for the ombudsman
for owners in common-interest communities in the state general fund. The
account must be administered by the administrator . [of the real
estate division of the department of business and industry.]
2. The fees collected pursuant to NRS 116.31155 must be credited to the account.
3. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
4. The money in the account
must be used solely to defray the costs and expenses of administering the
office of the ombudsman for owners in common-interest communities [.] and for the payment of fees for a
mediator or an arbitrator pursuant to NRS 38.330.
Sec. 16. NRS 116.1201 is hereby amended to read as follows:
116.1201 1. Except as otherwise
provided in this section and
NRS [116.1202 and] 116.1203, this chapter
applies to all common-interest communities created within this state . [on or after January 1,
1992.]
2. This chapter does not apply to:
(a) Associations created for the limited purpose of maintaining:
(1) The landscape of the common elements of a common-interest community;
(2) Facilities for flood control; or
(3) A rural agricultural residential common-interest community.
(b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that the chapter does apply to that planned community. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted, only if the declaration so provides or the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.
(c) Common-interest communities or units located outside of this state, but the provisions of NRS 116.4102 to 116.4108, inclusive, apply to all contracts for the disposition thereof signed in this state by any party unless exempt under subsection 2 of NRS 116.4101.
3. The provisions of this chapter do not:
κ1999 Statutes of Nevada, Page 2999 (Chapter 572, SB 451)κ
(a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units owners of the association;
(b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;
(c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992; or
(d) Prohibit a common-interest community created before January 1, 1992, from providing for a representative form of government.
4. The provisions of
chapters 117 and 278A of NRS do not apply to common-interest communities . [created on or
after January 1, 1992.]
5. For the purposes of this section, the administrator shall establish, by regulation, the criteria for determining whether an association is created for the limited purpose of maintaining the landscape of the common elements of a common-interest community, maintaining facilities for flood control or maintaining a rural agricultural residential common-interest community.
Sec. 16.2. NRS 116.1203 is hereby amended to read as follows:
116.1203 1. Except as otherwise provided in subsection 2, if a planned community [:
(a) Contains] contains no more than 12 units and is not subject to any developmental rights , [; or
(b) Provides, in its declaration, that the annual average liability for common expenses of all units restricted to residential purposes, exclusive of optional users fees and any insurance premiums paid by the association, may not exceed $500 per unit,] it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, NRS 116.3101 to 116.3119, inclusive, and 116.11031 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.
Sec. 16.5. NRS 116.1206 is hereby amended to read as follows:
116.1206 1. Any declaration, bylaw or other governing document of a common-interest community created before January 1, 1992, that does not conform to the provisions of this chapter shall be deemed to conform with those provisions by operation of law, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.
2. In the case of amendments to the declaration, bylaws or plats and plans of any common-interest community created before January 1, 1992:
(a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and
(b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.
κ1999 Statutes of Nevada, Page 3000 (Chapter 572, SB 451)κ
[2.] 3. An amendment to the declaration, bylaws or
plats and plans authorized by this section to be made under this chapter must
be adopted in conformity with the applicable provisions of chapter 117 or 278A
of NRS and with the procedures and requirements specified by those instruments.
If an amendment grants to any person any rights, powers or privileges permitted
by this chapter, all correlative obligations, liabilities and restrictions in this
chapter also apply to that person.
Sec. 17. NRS 116.3102 is hereby amended to read as follows:
116.3102 1. Except as otherwise provided in subsection 2, and subject to the provisions of the declaration, the association may:
(a) Adopt and amend bylaws, rules and regulations;
(b) Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from units owners;
(c) Hire and discharge managing agents and other employees, agents and independent contractors;
(d) Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more units owners on matters affecting the common-interest community;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement and modification of common elements;
(g) Cause additional improvements to be made as a part of the common elements;
(h) Acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:
(1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and
(2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112;
(i) Grant easements, leases, licenses and concessions through or over the common elements;
(j) Impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to units owners;
(k) Impose charges for late payment of assessments and, except as otherwise provided in NRS 116.31031, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association;
(l) Impose reasonable charges for the preparation and recordation of amendments to the declaration, the information required by NRS 116.4109 or statements of unpaid assessments;
(m) Provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance;
(n) Assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides;
κ1999 Statutes of Nevada, Page 3001 (Chapter 572, SB 451)κ
(o) Exercise any other powers conferred by the declaration or bylaws;
(p) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association;
(q) Direct the removal of vehicles improperly parked on property owned or leased by the association, pursuant to NRS 487.038; and
(r) Exercise any other powers necessary and proper for the governance and operation of the association.
2. The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.
Sec. 18. NRS 116.31031 is hereby amended to read as follows:
116.31031 1. If a units owner, or a tenant or guest of a units owner, does not comply with a provision of the governing documents of an association, the executive board of the association may, if the governing documents so provide:
[1.] (a) Prohibit, for a reasonable time, the units owner, or the tenant or guest of the units owner, from:
[(a)] (1) Voting on matters related to the common-interest community.
[(b)] (2) Using the common elements. The provisions of this paragraph do not prohibit the units owner, or the tenant or guest of the units owner, from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.
[2.] (b) Require the units owner, or the tenant or guest of the units owner, to pay a fine [not to exceed $50 for each failure to comply, unless the violation is of a type that threatens the health and welfare of the common-interest community. The] for each failure to comply that does not threaten the health and welfare of the common-interest community. The fine must be commensurate with the severity of the violation, but must not exceed $100 for each violation or a total amount of $500, whichever is less.
2. If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days or a longer period as may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without notice and an opportunity to be heard.
3. Except as otherwise provided in subsection 2, the imposition of [such] a fine pursuant to this section must comply with the requirements of subsection 6 of NRS 116.31065.
Sec. 19. NRS 116.31034 is hereby amended to read as follows:
116.31034 1. Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarants control, the units owners shall elect an executive board of at least three members, at least a majority of whom must be units owners. The executive board shall elect the officers. The members and officers of the executive board shall take office upon election.
κ1999 Statutes of Nevada, Page 3002 (Chapter 572, SB 451)κ
2. The term of office of a member of the executive board may not exceed 2 years. A member of the executive board may be elected to succeed himself. The governing documents of the association must set forth the month during which elections for the members of the executive board must be held after the termination of any period of the declarants control.
3. Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each units owner of his eligibility to serve as a member of the executive board. Each units owner who is qualified to serve as a member of the executive board may have his name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
4. An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof [of authority] in the records of the association [.
3.] that:
(a) He is associated with the corporate owner, trust, partnership or estate as required by this subsection; and
(b) Identifies the unit or units owned by the corporate owner, trust partnership or estate.
5. The election of any member of the executive board must be conducted by secret written ballot. The secretary or other officer specified in the bylaws of the association shall cause to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner, a secret ballot and a return envelope.
6. Each member of the executive board shall, [at the time of] within 30 days after his
appointment or election, certify in writing that he has read and understands
the governing documents of the association and the provisions of this chapter [.]
to the best of his ability.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 116.31038 is hereby amended to read as follows:
116.31038 Within 30 days after units owners other than the declarant may elect a majority of the members of the executive board, the declarant shall deliver to the association all property of the units owners and of the association held by or controlled by him, including:
1. The original or a certified copy of the recorded declaration as amended, the associations articles of incorporation if the association is incorporated, bylaws, minute books and other books and records of the association and any rules or regulations which may have been adopted.
2. An accounting for money of the association and financial statements from the date the association received money to the date the period of the declarants control ends. The financial statements must fairly and accurately report the associations financial condition prepared in accordance with generally accepted accounting principles.
κ1999 Statutes of Nevada, Page 3003 (Chapter 572, SB 451)κ
report the associations financial condition prepared in accordance with generally accepted accounting principles.
3. A complete study of the reserves of the association, conducted by a person qualified by training and experience to conduct such a study. At the time the control of the declarant ends, he shall:
(a) Except as otherwise provided in this paragraph, deliver to the association a reserve account that contains the declarants share of the amounts then due, and control of the account. If the declaration was recorded before October 1, 1999, and, at the time the control of the declarant ends, he has failed to pay his share of the amounts due, the executive board shall authorize the declarant to pay the deficiency in installments for a period of 3 years, unless the declarant and the executive board agree to a shorter period.
(b) Disclose, in writing, the amount by which he has subsidized the associations dues on a per unit or per lot basis.
The provisions of this subsection do not apply to a time share or time-share project governed by the provisions of chapter 119A of NRS.
4. The associations money or control thereof.
[4.] 5. All of the declarants tangible personal property that has been represented by the declarant as property of the association or, unless the declarant has disclosed in the public offering statement that all such personal property used in the common-interest community will remain the declarants property, all of the declarants tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, and inventories of these properties.
[5.] 6. A copy of any plans and specifications used in the construction of the improvements in the common-interest community which were completed within 2 years before the declaration was recorded.
[6.] 7. All insurance policies then in force, in which the units owners, the association, or its directors and officers are named as insured persons.
[7.] 8. Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the common-interest community other than units in a planned community.
[8.] 9. Any renewable permits and approvals issued by governmental bodies applicable to the common-interest community which are in force and any other permits and approvals so issued and applicable which are required by law to be kept on the premises of the community.
[9.] 10. Written warranties of the contractor, subcontractors, suppliers and manufacturers that are still effective.
[10.] 11. A roster of owners and mortgagees of units and their addresses and telephone numbers, if known, as shown on the declarants records.
[11.] 12. Contracts of employment in which the association is a contracting party.
[12.] 13. Any contract for service in which the association is a contracting party or in which the association or the units owners have any obligation to pay a fee to the persons performing the services.
κ1999 Statutes of Nevada, Page 3004 (Chapter 572, SB 451)κ
Sec. 22. NRS 116.31065 is hereby amended to read as follows:
116.31065 The rules adopted by an association:
1. Must be reasonably related to the purpose for which they are adopted.
2. Must be sufficiently explicit in their prohibition, direction or limitation to inform a units owner, or a tenant or guest of a units owner, of any action or omission required for compliance.
3. Must not be adopted to evade any obligation of the association.
4. Must be consistent with the governing documents of the association and must not arbitrarily restrict conduct or require the construction of any capital improvement by a units owner that is not required by the governing documents of the association.
5. Must be uniformly enforced under the same or similar circumstances against all units owners. Any rule that is not so uniformly enforced may not be enforced against any units owner.
6. May be enforced by the assessment of a fine only if:
(a) The person alleged to have violated the rule has received notice of the alleged violation [and has been given the] that informs him of his opportunity to request a hearing on the alleged violation.
(b) At least 30 days before the alleged violation, the person alleged to have violated the rule was given written notice of the rule or any amendment to the rule.
Sec. 23. NRS 116.3108 is hereby amended to read as follows:
116.3108 1. A meeting of the units owners of an association must be held at least once each year. [A meeting of the executive board must be held at least once every 90 days.] If the governing documents of a common-interest community do not designate an annual meeting date of the units owners, a meeting of the units owners must be held 1 year after the date of the last meeting of the units owners. If the units owners have not held a meeting for 1 year, a meeting of the units owners must be held on the following March 1. Special meetings of the units owners of an association may be called by the president, a majority of the executive board or by units owners having 10 percent, or any lower percentage specified in the bylaws, of the votes in the association.
2. Not less than 10 nor more than 60 days in advance of any meeting [,] of the units owners of an association, the secretary or other officer specified in the bylaws shall cause notice of the meeting to be hand‑delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner. The notice of [any] the meeting must state the time and place of the meeting and include a copy of the agenda for the meeting. The notice must include notification of the right of a units owner to:
(a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request [if he pays] and, if required by the executive board, upon payment to the association of the cost of making the distribution.
(b) Speak to the association or executive board, unless the executive board is meeting in executive session.
3. The agenda for [the] a meeting of the units owners must consist of:
κ1999 Statutes of Nevada, Page 3005 (Chapter 572, SB 451)κ
(a) A clear and complete statement of the topics scheduled to be considered during the meeting, including, without limitation, any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer or member of the executive board.
(b) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items. In an emergency, the units owners may take action on an item which is not listed on the agenda as an item on which action may be taken.
(c) A period devoted to comments by units owners and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).
4. If the association adopts a policy imposing a fine on a units owner for the violation of the declaration, bylaws or other rules established by the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner, a schedule of the fines that may be imposed for those violations.
5. Not more than 30 days after any meeting [,] of the units owners, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units owners. A copy of the minutes or a summary of the minutes must be provided to any units owner who pays the association the cost of providing the copy to him.
6. As used in this section, emergency means any occurrence or combination of occurrences that:
(a) Could not have been reasonably foreseen;
(b) Affects the health, welfare and safety of the units owners of the association;
(c) Requires the immediate attention of, and possible action by, the executive board; and
(d) Makes it impracticable to comply with the provisions of subsection 2 or 3.
Sec. 24. NRS 116.31085 is hereby amended to read as follows:
116.31085 1. Except as otherwise provided in this section, a units owner may attend any meeting of the units owners of the association or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a units owner may speak at such a meeting.
2. An executive board may meet in executive session to:
(a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive;
(b) Discuss matters relating to personnel; or
κ1999 Statutes of Nevada, Page 3006 (Chapter 572, SB 451)κ
(c) Discuss a violation of the governing documents [of the association] alleged to have been committed by a units owner [.] , including, without limitation, the failure to pay an assessment, except as otherwise provided in subsection 3.
3. An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the units owner who allegedly committed the violation requests in writing that the hearing be conducted by the executive board at an open meeting. The units owner who is alleged to have committed the violation may attend the hearing and testify concerning the alleged violation, but may be excluded by the executive board from any other portion of the hearing, including, without limitation, the deliberations of the executive board.
4. Except as otherwise provided in this subsection, any matter discussed in executive session must be generally noted in the minutes of the meeting of the executive board. The executive board shall maintain [detailed] minutes of any [matter discussed] decision made pursuant to [paragraph (c) of subsection 2] subsection 3 and, upon request, provide a copy of [those minutes] the decision to the units owner who was the subject of the [discussion] hearing or to his designated representative.
[4. A]
5. Except as otherwise provided in subsection 3, a units owner is not entitled to attend or speak at a meeting of the executive board held in executive session.
Sec. 24.5. NRS 116.3109 is hereby amended to read as follows:
116.3109 1. [Unless] Except as otherwise provided in this section and unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.
2. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.
3. For the purposes of determining whether a quorum is present for the election of any member of the executive board, only the secret written ballots that are returned to the association may be counted.
Sec. 25. NRS 116.311 is hereby amended to read as follows:
116.311 1. If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners cast the votes allocated to that unit without protest made promptly to the person presiding over the meeting by any of the other owners of the unit.
2. [Votes] Except as otherwise provided in this section, votes allocated to a unit may be cast pursuant to a proxy executed by a units owner. A units owner may give a proxy only to a member of his immediate family, a tenant of the units owner who resides in the common-interest community or another units owner who resides in the common-interest community.
κ1999 Statutes of Nevada, Page 3007 (Chapter 572, SB 451)κ
or another units owner who resides in
the common-interest community. If a unit is owned by more than
one person, each owner of the unit may vote or register protest to the casting
of votes by the other owners of the unit through an executed proxy. A units
owner may revoke a proxy given pursuant to this section only by actual notice
of revocation to the person presiding over a meeting of the association. A
proxy is void if [it] :
(a) It is not dated or
purports to be revocable without notice [.] ;
(b) It does not designate the votes that must be cast on behalf of the units owner who executed the proxy; or
(c) The holder of the proxy does not disclose at the beginning of the meeting for which the proxy is executed the number of proxies pursuant to which he will be casting votes and the voting instructions received for each proxy.
A proxy terminates [one year after its date, unless it specifies a shorter term.] immediately after the conclusion of the meeting for which it
was executed. A vote may not be cast pursuant to a proxy for the election of a
member of the executive board of an association.
3. Only a vote cast in person, by secret ballot or by proxy may be counted.
4. If the declaration requires that votes on specified matters affecting the common-interest community be cast by lessees rather than units owners of leased units:
(a) The provisions of subsections 1 and 2 apply to lessees as if they were units owners;
(b) Units owners who have leased their units to other persons may not cast votes on those specified matters; and
(c) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were units owners.
Units owners must also be given notice, in the manner provided in NRS 116.3108, of all meetings at which lessees are entitled to vote.
[4.] 5. No votes allocated to a unit owned by the association may be cast.
6. Votes cast for the election of a member of the executive board of an association must be counted in public.
Sec. 26. NRS 116.31139 is hereby amended to read as follows:
116.31139 1. An association may employ a person engaged in property management for the common-interest community.
2. Except as otherwise provided in this section, a person engaged in property management for a common-interest community must:
(a) Hold a permit to engage in property management that is issued pursuant to the provisions of chapter 645 of NRS; or
(b) Hold a certificate issued by the real estate commission pursuant to subsection [2.] 3.
[2.] 3. The real estate commission shall provide by regulation for the issuance of certificates for the management of common-interest communities to persons who are not otherwise authorized to engage in property management pursuant to the provisions of chapter 645 of NRS. The regulations:
κ1999 Statutes of Nevada, Page 3008 (Chapter 572, SB 451)κ
(a) Must establish the qualifications for the issuance of such a certificate, including the education and experience required to obtain such a certificate; [and]
(b)
May require applicants to pass an examination in order to obtain a certificate [.] ;
(c) Must establish standards of practice for persons engaged in property management for a common-interest community;
(d) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate; and
(e) Must establish rules of practice and procedure for conducting disciplinary hearings.
The real estate division of the department of business and industry may investigate the property managers to whom certificates have been issued to ensure their compliance with the standards of practice adopted pursuant to this subsection and collect a fee for the issuance of a certificate by the commission in an amount not to exceed the administrative costs of issuing the certificate.
[3.] 4. The provisions of subsection [1] 2 do not apply to:
(a) A [full-time employee of an association
who manages only one association.] person
who is engaged in property management for a common-interest community on
October 1, 1999, and is granted an exemption from the requirements of
subsection 2 by the administrator upon demonstration that he is qualified and
competent to engage in property management for a common-interest community.
(b) A financial institution.
(c) An attorney licensed to practice in this state.
(d) A trustee.
(e) An employee of a corporation who manages only the property of the corporation.
(f) A declarant.
(g) A receiver.
[4.] 5. As used in this section, property
management means the physical, administrative or financial maintenance and
management of real property, or the supervision of those activities for a fee,
commission or other compensation or valuable consideration.
Sec. 27. NRS 116.3115 is hereby amended to read as follows:
116.3115 1. Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association [.] in accordance with the requirements set forth in section 3 of this act. Except for an association for a time-share project governed by the provisions of chapter 119A of NRS, and unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and the money for the reserve required by paragraph (b) of subsection 2.
2. Except for assessments
under subsections 4 [,
5 and 6:] to 7, inclusive:
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(a) All common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.
(b) The association shall establish [a] an adequate reserve , funded on a reasonable basis, for the repair , [and] replacement and restoration of the major components of the common elements. The reserve may be used only for [common expenses that involve major repairs or replacement,] those purposes, including, without limitation, repairing , [and] replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance.
3. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.
4. To the extent required by the declaration:
(a) Any common expense associated with the maintenance, repair , restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;
(b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and
(c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
5. Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.
6. If any common expense is caused by the misconduct of any units owner, the association may assess that expense exclusively against his unit.
7. The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.
8. If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.
[8.] 9. The association shall provide written
notice to the owner of each unit of a meeting at which an assessment for a
capital improvement or the commencement of a civil action is to be considered
or action is to be taken on such an assessment at least 21 calendar days before
the meeting. Except as otherwise provided in this subsection, the association
may commence a civil action only upon a vote or written agreement of the owners of units to
which at least a majority of the votes of the members of the association are
allocated. The provisions of this subsection do not apply to a civil action
that is commenced:
(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;
(b) To enforce the payment of an assessment;
(c) To enforce the declaration, bylaws or rules of the association;
(d) To proceed with a counterclaim; or
κ1999 Statutes of Nevada, Page 3010 (Chapter 572, SB 451)κ
(e) To protect the health, safety and welfare of the members of the association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.
10. At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units owners that includes:
(a) A reasonable estimate of the costs of the civil action, including reasonable attorneys fees;
(b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and
(c) All disclosures that are required to be made upon the sale of the property.
11. No person other than a units owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.
Sec. 28. NRS 116.31155 is hereby amended to read as follows:
116.31155 1. An association [that is not a master association and levies an annual assessment against each unit in the common-interest community of $500 or more] shall:
(a) If the association is
required to pay the fee imposed by NRS 78.150 or 82.193, pay to the secretary
of state at the time it is required to pay the fee imposed by those sections a
fee established by regulation of the administrator [of the real estate
division of the department of business and industry] for
every unit in the association [.] used for residential use.
(b) If the association is
organized as a trust or partnership, pay to the administrator [of the real estate division of the department of business and
industry] a fee established by
regulation of the administrator for each unit in the association. The fee must
be paid on or before January 1 of each year.
2. The fees required to be paid pursuant to this section must be:
(a) Deposited with the state treasurer for credit to the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117.
(b) Established on the basis of the actual cost of administering the office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office. In no event may the fees required to be paid pursuant to this section exceed $3 per unit.
κ1999 Statutes of Nevada, Page 3011 (Chapter 572, SB 451)κ
3. A units owner may not be required to pay any portion of the fees required to be paid pursuant to this section to a master association and to an association organized pursuant to NRS 116.3101.
Sec. 28.5. NRS 116.31155 is hereby amended to read as follows:
116.31155 1. An association shall:
(a) If the association is required to pay the fee imposed by NRS 78.150 or 82.193, pay to the [secretary of state at the time it is required to pay the fee imposed by those sections] administrator a fee established by regulation of the administrator for every unit in the association used for residential use.
(b) If the association is organized as a trust or partnership, pay to the administrator a fee established by regulation of the administrator for each unit in the association. [The fee must be paid on or before January 1 of each year.]
2. The fees required to be paid pursuant to this section must be:
(a) Paid at such times as are established by the administrator.
(b) Deposited with the state treasurer for credit to the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117.
[(b)] (c) Established on the basis of the actual cost of administering the office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office. In no event may the fees required to be paid pursuant to this section exceed $3 per unit.
3. A units owner may not be required to pay any portion of the fees required to be paid pursuant to this section to a master association and to an association organized pursuant to NRS 116.3101.
4. Upon the payment of the fees required by this section, the administrator shall provide to the association evidence that it paid the fees in compliance with this section.
Sec. 29. NRS 116.31162 is hereby amended to read as follows:
116.31162 1. Except as otherwise provided in subsection 4, in a condominium, a cooperative where the owners interest in a unit is real estate as determined pursuant to NRS 116.1105, or a planned community, the association may foreclose its lien by sale after:
(a) The association has mailed by certified or registered mail, return receipt requested, to the units owner or his successor in interest, at his address if known, and at the address of the unit, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed, and the name of the record owner of the unit;
(b) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common‑interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien, which contains the same information as the notice of delinquent assessment, but must also describe the deficiency in payment and the name and address of the person authorized by the association to enforce the lien by sale; and
κ1999 Statutes of Nevada, Page 3012 (Chapter 572, SB 451)κ
(c) The units owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 60 days following the recording of the notice of default and election to sell.
2. The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.
3. The period of 60 days begins on the first day following the later of:
(a) The day on which the notice of default is recorded; or
(b) The day on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the units owner or his successor in interest at his address if known, [otherwise to] and at the address of the unit.
4. The association may not foreclose a lien by sale for the assessment of a fine for a violation of the declaration, bylaws, rules or regulations of the association, unless the violation is of a type that threatens the health [and] , safety or welfare of the residents of the common-interest community.
Sec. 30. NRS 116.4101 is hereby amended to read as follows:
116.4101 1. NRS 116.4101 to 116.412, inclusive, apply to all units subject to this chapter, except as otherwise provided in this section or as modified or waived by agreement of purchasers of units in a common-interest community in which all units are restricted to nonresidential use.
2. Neither a public offering statement nor a certificate of resale need be prepared or delivered in the case of a:
(a) Gratuitous disposition of a unit;
(b) Disposition pursuant to court order;
(c) Disposition by a government or governmental agency;
(d) Disposition by foreclosure or deed in lieu of foreclosure;
(e) Disposition to a dealer;
(f) Disposition that may be canceled at any time and for any reason by the purchaser without penalty; or
(g) Disposition of a unit in a planned community [in which the declaration limits the average annual assessment of any unit to not more than $500, exclusive of optional users fees and any insurance premiums paid by the association, or] which contains no more than 12 units if:
(1) The declarant
reasonably believes in good faith that the maximum [stated] assessment stated in the declaration will be sufficient
to pay the expenses of the planned community; and
(2) The declaration cannot be amended to increase the assessment during the period of the declarants control without the consent of all units owners.
3. Except as otherwise provided in subsection 2, the provisions of NRS 116.4101 to 116.412, inclusive, do not apply to a planned community described in NRS 116.1203.
Sec. 31. NRS 116.4103 is hereby amended to read as follows:
116.4103 1. Except as otherwise provided in NRS 116.41035, a public offering statement must set forth or fully and accurately disclose each of the following:
κ1999 Statutes of Nevada, Page 3013 (Chapter 572, SB 451)κ
(a) The name and principal address of the declarant and of the common-interest community, and a statement that the common-interest community is either a condominium, cooperative or planned community.
(b) A general description of the common-interest community, including to the extent possible, the types, number and declarants schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common-interest community.
(c) The estimated number of units in the common‑interest community.
(d) Copies of the declaration, bylaws, and any rules or regulations of the association, but a plat or plan is not required.
(e) A current financial statement and projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association. The budget must include, without limitation:
(1) A statement of the amount included in the budget as a reserve for repairs [and replacement;] , replacement and restoration; and
(2) The projected monthly assessment for common expenses for each type of unit, including the amount established as a reserve pursuant to NRS 116.3115.
(f) A description of any services or subsidies being provided by the declarant or an affiliate of the declarant, not reflected in the budget.
(g) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee.
(h) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.
(i) A statement that unless the purchaser or his agent has personally inspected the unit, the purchaser may cancel, by written notice, his contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.
(j) A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common-interest community of which a declarant has actual knowledge.
(k) Any current or expected fees or charges to be paid by units owners for the use of the common elements and other facilities related to the common‑interest community.
(l) The information statement set forth in NRS 116.41095.
2. A declarant is not required to revise a public offering statement more than once each calendar quarter, if the following warning is given prominence in the statement: THIS PUBLIC OFFERING STATEMENT IS CURRENT AS OF (insert a specified date). RECENT DEVELOPMENTS REGARDING (here refer to particular provisions of NRS 116.4103 and 116.4105) MAY NOT BE REFLECTED IN THIS STATEMENT.
Sec. 32. NRS 116.41095 is hereby amended to read as follows:
116.41095 The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form: BEFORE YOU PURCHASE PROPERTY IN A
κ1999 Statutes of Nevada, Page 3014 (Chapter 572, SB 451)κ
BEFORE YOU PURCHASE PROPERTY IN A
COMMON-INTEREST COMMUNITY
DID YOU KNOW . . .
1. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions (C, C & Rs) that should be provided for your review before making your purchase. The C, C & Rs become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The C, C & Rs, together with other governing documents (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by C, C & Rs, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the C, C & Rs and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you.
2. YOU WILL HAVE TO PAY OWNERS ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowners association. The obligation to pay these assessments binds you and every future owner of the property. Owners fees are usually assessed by the homeowners association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to maintain adequate reserves to repair , [and] replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.
3. IF YOU FAIL TO PAY OWNERS ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the associations costs and attorneys fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.
4. YOU MAY BECOME A MEMBER OF A HOMEOWNERS ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?
Many common-interest communities have a homeowners association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold.
κ1999 Statutes of Nevada, Page 3015 (Chapter 572, SB 451)κ
until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional managers to carry out these responsibilities.
Homeowners associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the C, C & Rs and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If persons controlling the association or its management are not complying with state laws or the governing documents, your remedy is typically to seek to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the associations cost in defending against your claim. There is no government agency in this state that investigates or intervenes to resolve disputes in homeowners associations.
5. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE BUYERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires you to provide to a prospective purchaser of your property, before you enter into a purchase agreement, a copy of the communitys governing documents, including the C, C & Rs, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the associations current financial statement, operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair , [and] replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware.
κ1999 Statutes of Nevada, Page 3016 (Chapter 572, SB 451)κ
judgments or lawsuits pending against the association of which you are aware. You are also required to provide a copy of the minutes from the most recent meeting of the homeowners association or its executive board. For more information regarding these requirements, see Nevada Revised Statutes 116.4103.
6. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON‑INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?
Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:
(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.
(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.
(c) To request a special meeting of the association upon petition of at least 10 percent of the homeowners.
(d) To inspect, examine, photocopy and audit financial and other records of the association.
(e) To be notified of all changes in the communitys rules and regulations and other actions by the association or board that affect you.
7. QUESTIONS?
Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the ombudsman for owners in common-interest communities, Nevada Real Estate Division, at (telephone number).
Buyer or prospective buyers initials:_____
Date:_____
Sec. 32.5. NRS 119A.165 is hereby amended to read as follows:
119A.165 1. If a matter governed by this chapter is also governed by chapter 116 of NRS, compliance with the provisions of chapter 116 of NRS governing the matter which are in addition to or different from the provisions in this chapter governing the same matter is not required. In the event of a conflict between provisions of this chapter and chapter 116 of NRS, the provisions of this chapter prevail.
2. Without limiting the generality of subsection 1, the provisions of sections 3 to 13, inclusive, of this act and NRS 116.3103, 116.31031, 116.31034, 116.3106, 116.31065, 116.3108 to 116.311, inclusive, 116.31139, 116.31145, 116.3115, 116.31155, 116.31162, 116.41095 and 116.4117 do not apply to a time share or a time-share project.
Sec. 33. NRS 38.330 is hereby amended to read as follows:
38.330 1. If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the division pursuant to NRS 38.340.
κ1999 Statutes of Nevada, Page 3017 (Chapter 572, SB 451)κ
mediators maintained by the division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the division shall appoint a mediator from the list of mediators maintained by the division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within [90] 60 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within [30] 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. [The] Except as otherwise provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.
2. If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the division shall appoint an arbitrator from the list maintained by the division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the division shall provide the name of the arbitrator to each party.
3. The division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117, to the extent that money is available in the account for this purpose.
4. Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.075 to 38.105, inclusive, 38.115 [to 38.135, inclusive,] , 38.125, 38.135, 38.155 and 38.165. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within [90] 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.
[4.] 5. If all the parties have agreed to nonbinding arbitration, any party to the arbitration may, within 30 days after a decision and award have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.135.
κ1999 Statutes of Nevada, Page 3018 (Chapter 572, SB 451)κ
[5.] 6. If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of chapter 38 of NRS. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.145.
[6.] 7. If, after the conclusion of arbitration, a party:
(a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.145; or
(b) Commences a civil action based upon any claim which was the subject of arbitration,
the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorneys fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.
[7.] 8. Upon request by a party, the division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.
[8.] 9. As used in this section, geographic area means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.
Sec. 34. NRS 78.150 is hereby amended to read as follows:
78.150 1. A corporation organized under the laws of this state shall, on or before the first day of the second month after the filing of its articles of incorporation with the secretary of state, file with the secretary of state a list, on a form furnished by him, containing:
(a) The name of the corporation;
(b) The file number of the corporation, if known;
(c) The names and titles of all of its required officers and the names of all of its directors;
(d) The mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director; and
(e) The signature of an officer of the corporation certifying that the list is true, complete and accurate.
2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state, on a form furnished by him, an amended list containing all of the information required in subsection 1. If the corporation has had no changes in its required officers and directors since its previous list was filed, no amended list need be filed if an officer of the corporation certifies to the secretary of state as a true and accurate statement that no changes in the required officers or directors has occurred.
3. Upon filing a list of officers and directors, or certifying that no changes have occurred, the corporation shall pay to the secretary of state a fee of $85.
4. The secretary of state shall, 60 days before the last day for filing the annual list required by subsection 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file a list of officers and directors or a certification of no change.
κ1999 Statutes of Nevada, Page 3019 (Chapter 572, SB 451)κ
or a certification of no change. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.
5. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 3 or 7 is not paid, the secretary of state may return the list for correction or payment.
6. An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.
7. If the corporation is an association as defined in NRS 116.110315, the secretary of state shall not accept the filing required by this section unless it is accompanied by evidence of the payment of the fee required to be paid pursuant to NRS 116.31155 [.] that is provided to the association pursuant to subsection 4 of that section.
Sec. 35. NRS 116.1102, 116.1115, 116.1202, 116.1204, 116.1205, 116.1207 and 116.1208 are hereby repealed.
Sec. 36. The executive board of a unit-owners association organized under NRS 116.3101 shall cause to be prepared a study of the reserves of the association required by section 4 of this act by October 1, 2000.
Sec. 37. Any declaration, bylaw or other governing document of a common-interest community in effect on October 1, 1999, that does not conform to the provisions of chapter 116 of NRS, as amended by this act, shall be deemed to have been conformed to those provisions by operation of law. Notwithstanding any other provision of law to the contrary, not later than October 1, 2000, any declaration, bylaw or other governing document of a common-interest community created on or after January 1, 1992, that does not conform to the provisions of chapter 116 of NRS, as amended by this act, must be changed to conform to those provisions, and may be so changed without complying with the procedural requirements generally applicable to the adoption of an amendment to such a declaration, bylaw or other governing document.
Sec. 38. 1. This section and sections 1 to 28, inclusive, 29 to 33, inclusive, 35, 36 and 37 of this act become effective on October 1, 1999.
2. Sections 28.5 and 34 of this act become effective on July 1, 2000.
________
κ1999 Statutes of Nevada, Page 3020κ
Senate Bill No. 544Committee on Government Affairs
CHAPTER 573
AN ACT relating to governmental administration; revising the provisions governing the states program of group insurance and other benefits by replacing the committee on benefits with the board of the public employees benefits program, changing the related powers and duties, requiring the appointment of an executive officer and certain other officers, providing education and experience requirements for members of the board and appointed officers and requiring members of the board and the executive officer to complete continuing education; authorizing certain periodic state employees to receive extended coverage from the public employees benefits program; renaming the interim retirement committee and expanding its duties to include the review of the operation of the public employees benefits program; authorizing certain public employees to secure insurance from an insurer or employee benefit plan other than through the public employees benefits program; removing the duty of the state risk manager to act as an adviser for group insurance and other employees benefits; authorizing the state risk manager to employ necessary staff to perform his duties; requiring the commissioner of insurance to adopt regulations providing for uniform claim forms and billing codes and compatible electronic data transfers relating to the provision of health care, health care plans or health insurance for certain insurers and administrators; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.129 is hereby amended to read as follows:
281.129 Any officer of the state, except the legislative fiscal officer, who disburses money in payment of salaries and wages of officers and employees of the state may, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:
1. Charitable organizations;
2. Employee credit unions;
3. Insurers, if the [committee on benefits] board of the public employees benefits program has approved the request;
4. The United States for the purchase of savings bonds and similar obligations of the United States; and
5. Employee organizations and labor organizations.
The state controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the executive department.
Sec. 2. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
κ1999 Statutes of Nevada, Page 3021 (Chapter 573, SB 544)κ
an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than $2,500.
(b) For 15 years of service or more but less than 20 years, not more than $4,000.
(c) For 20 years of service or more but less than 25 years, not more than $6,000.
(d) For 25 years of service or more, not more than $8,000.
The department may by regulation provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
2. An employee entitled to payment for unused sick leave pursuant to subsection 1 may elect to receive the payment in any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums or contributions for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums or contributions pursuant to this subsection exceeds the amount which is payable for premiums or contributions for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.
3. Officers and members of the faculty of the University and Community College System of Nevada are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
4. The department may by regulation provide policies concerning employees with mental or emotional disorders which:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Provide for the retention of their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, provide for their reemployment if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
5. The director shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.
κ1999 Statutes of Nevada, Page 3022 (Chapter 573, SB 544)κ
6. The department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that he has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.
Sec. 2.3. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst serve at the pleasure of the executive officer.
2. The executive officer, operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement and benefits committee of the legislature [.] created pursuant to section 36.5 of this act. The salaries of these employees are exempt from the limitations of NRS 281.123.
3. The executive officer must:
(a) Be a graduate of a 4‑year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The operations officer and the investment officer must each be a graduate of a 4‑year college or university with a degree in business administration or public administration or an equivalent degree.
5. Except as otherwise provided in NRS 284.143, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.
Sec. 2.6. NRS 286.211 is hereby amended to read as follows:
286.211 1. The board shall, with the advice of the interim retirement and benefits committee [:] of the legislature created pursuant to section 36.5 of this act:
(a) Adopt regulations for the evaluation of requests for enrollment under the police and firemens retirement fund; and
(b) Determine those positions eligible under the early retirement provisions for police officers and firemen.
2. Service in any position which has not been determined by the board to be eligible does not entitle a member to early retirement as a fireman or police officer.
Sec. 3. NRS 286.615 is hereby amended to read as follows:
286.615 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:
κ1999 Statutes of Nevada, Page 3023 (Chapter 573, SB 544)κ
political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:
(a) He notifies the executive officer to discontinue the deduction; or
(b) Any of his dependents elect to assume the premium or contribution applicable to the dependents coverage before the death of such a retired person and continue coverage pursuant to NRS 287.023 after his death.
2. The board may adopt regulations to carry out the provisions of subsection 1, including , but not limited to , regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the board at the option of the officer or employee pursuant to this section.
3. The executive officer, board and system are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.
Sec. 4. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 12.5, inclusive, of this act.
Sec. 5. As used in NRS 287.041 to 287.049, inclusive, and sections 5 to 12.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec. 6. Board means the board of the public employees benefits program created by NRS 287.041.
Sec. 7. Program means the public employees benefits program established pursuant to subsection 1 of NRS 287.043.
Sec. 8. 1. A majority of the members of the board constitutes a quorum for the transaction of business.
2. The governor shall designate one of the members of the board to serve as the chairman.
3. The board shall meet at least once every calendar quarter and at other times upon the call of the chairman.
4. The board may meet in closed session:
(a) To discuss matters relating to personnel;
(b) To prepare a request for a proposal or other solicitation for bids to be released by the board for competitive bidding; or
(c) As otherwise provided pursuant to chapter 241 of NRS.
5. As used in this section, request for a proposal has the meaning ascribed to it in subsection 6 of NRS 333.020.
Sec. 9. The board may reimburse a witness whom the board requests appear before it and who has expertise in a field that is relevant to the program for any expenses relating to the testimony of the witness that the board deems reasonable.
κ1999 Statutes of Nevada, Page 3024 (Chapter 573, SB 544)κ
Sec. 10. 1. The board shall employ an executive officer who is in the unclassified service of the state and serves at the pleasure of the board. The board may delegate to the executive officer the exercise or discharge of any power, duty or function vested in or imposed upon the board.
2. The executive officer must:
(a) Be a graduate of a 4‑year college or university with a degree in business administration or public administration or an equivalent degree, as determined by the board; and
(b) Possess at least 5 years experience in a high-level administrative or executive capacity in the field of insurance, management of employees benefits or risk management, including, without limitation, responsibility for a variety of administrative functions such as personnel, accounting, data processing or the structuring of insurance programs.
3. Except as otherwise provided in NRS 284.143, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment with any vendor or provider to the program.
4. The executive officer is entitled to an annual salary fixed by the board with the approval of the interim retirement and benefits committee of the legislature created pursuant to section 36.5 of this act. The salary of the executive officer is exempt from the limitations set forth in NRS 281.123.
Sec. 11. 1. Each member of the board and the executive officer shall complete at least 16 hours of continuing education relating to the administration of group benefits for public employees each year.
2. While attending courses of continuing education, a member of the board who is a public employee and the executive officer must be granted administrative leave with pay and are entitled to receive the travel expenses provided for state officers and employees generally.
3. While attending courses of continuing education, a member of the board who is not a public employee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 11.5. 1. A participating state employee whose position is only authorized for 4 to 6 months every other year and who plans to return to the same or a similar position for the next period during which such a position is authorized may retain his membership in and his dependents coverage by the program after his employment ceases for:
(a) Six full calendar months in addition to the period of extended coverage required by federal law following the termination of employment; or
(b) Twenty-four full calendar months, if no period of extended coverage is required by federal law.
2. An employee who elects to continue his participation in the program pursuant to subsection 1 shall pay the entire premium or contribution plus allowable administrative fees for his insurance until the date on which he is reemployed.
κ1999 Statutes of Nevada, Page 3025 (Chapter 573, SB 544)κ
3. Failure to return to the same or a similar position for any reason, whether the decision was made by the former employee or the state, does not affect the application of this section.
Sec. 12. (Deleted by amendment.)
Sec. 12.5. 1. If approved by the board pursuant to this section, a group of not less than 300 officers, employees or retired employees, or any combination thereof, that participate in the program may leave the program and secure life, accident or health insurance, or any combination thereof, for the group from an:
(a) Insurer that is authorized by the commissioner of insurance to provide such insurance; or
(b) Employee benefit plan, as defined in 29 U.S.C. § 1002(3) that has been approved by the board. The board may approve an employee benefit plan unless the board finds that the plan is not operated pursuant to such sound accounting and financial management practices as to ensure that the group will continue to receive adequate benefits.
2. Before entering into a contract with the insurer or approved employee benefit plan, the group shall submit the proposed contract to the board for approval. The board may approve the contract unless the departure of the group from the program would cause an increase of more than 5 percent in the costs of premiums or contributions for the remaining participants in the program. In determining whether to approve a proposed contract, the board shall follow the criteria set forth in the regulations adopted by the board pursuant to subsection 4 and may consider the cumulative impact of groups that have left or are proposing to leave the program. Except as otherwise provided in this section, the board has discretion in determining whether to approve a contract. If the board approves a proposed contract pursuant to this subsection, the group that submitted the proposed contract is not authorized to leave the program until 120 days after the date on which the board approves the proposed contract.
3. The board shall disburse periodically to the insurer or employee benefit plan with which a group contracts pursuant to this section the total amount set forth in the contract for premiums or contributions for the members of the group for that period but not to exceed the amount appropriated to or authorized for the department, agency, commission or public agency that employs the members of the group for premiums or contributions for the members of the group for that period, after deducting any administrative costs related to the group.
4. The board shall adopt regulations establishing the criteria pursuant to which the board will approve proposed contracts pursuant to subsection 2.
Sec. 13. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or [join the states program of group insurance or] medical and hospital service coverage or join the public employees benefits program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq.
κ1999 Statutes of Nevada, Page 3026 (Chapter 573, SB 544)κ
NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or [join the states program of group insurance or] medical and hospital service coverage or join the public employees benefits program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq. [).]
2. A retired person who continues coverage under the [states program of group insurance] public employees benefits program shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the [states] public employees benefits program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees retirement system [in order] to continue coverage.
3. Except as otherwise provided in NRS 287.0235, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 30 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the [states] public employees benefits program, as the case may be.
4. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage [under] pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
Sec. 14. NRS 287.0235 is hereby amended to read as follows:
287.0235 1. Notwithstanding the provisions of NRS 287.023 and 287.045, a person or the surviving spouse of a person who did not, at the time of his retirement pursuant to the conditions set forth in NRS 286.510 or 286.620, have the option to participate in the [states program of group insurance] public employees benefits program may join the [states program of group insurance,] public employees benefits program, to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq. , [),] by:
(a) Providing the public employees retirement board with written notice of his intention to enroll in the [states] public employees benefits program during a period of open enrollment;
(b) Showing evidence of his good health as a condition of enrollment;
(c) Accepting the [state programs] current plan of insurance of the public employees benefits program and any subsequent changes to the plan; and
(d) Paying any portion of the [policys] premiums or contributions for the program in the manner set forth in NRS 286.615, which are due [from] after the date of enrollment.
κ1999 Statutes of Nevada, Page 3027 (Chapter 573, SB 544)κ
The public employees retirement board shall, beginning on September 1, 1997, have a biennial period of open enrollment between September 1 of each odd-numbered year and January 31 of each even-numbered year during which eligible retired persons may join the [states program of group insurance] public employees benefits program pursuant to this section.
2. The public employees retirement board shall, on or before September 1, 1997, and every September 1 of each odd-numbered year thereafter, notify eligible retired persons described in subsection 1 of the period of open enrollment by:
(a) Mailing a notice regarding the period of open enrollment to all retired persons who are, according to its records, eligible to join the [states program of group insurance;] public employees benefits program;
(b) Posting a notice of the period of open enrollment at its principal office and at least three other separate prominent places, such as a library, community center or courthouse; and
(c) Publicizing the period of open enrollment in any other manner reasonably calculated to inform additional eligible retired persons.
3. The public employees retirement board shall notify the [committee on benefits] board of the public employees benefits program of the enrollment of any person on or before March 1 immediately following the period of open enrollment. The [committee on benefits] board of the public employees benefits program shall approve or disapprove the request for enrollment within 90 days after receipt of the request. Enrollment shall be deemed to occur on the day the request is approved.
4. Enrollment in the [states program of group insurance] public employees benefits program pursuant to this section excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before enrollment unless:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after enrollment; or
(b) The insurance coverage has been in effect more than 12 consecutive months.
Sec. 15. NRS 287.025 is hereby amended to read as follows:
287.025 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may, in addition to the other powers granted in NRS 287.010 and 287.020:
1. Negotiate and contract with any other such agency or with the [committee on benefits for the states group insurance plan] board of the public employees benefits program to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established or in the [states group insurance plan;] public employees benefits program; and
2.
To secure group health ,
[or] life or workers compensation insurance
for its officers and employees and their dependents, participate as a member of
a nonprofit cooperative association or nonprofit corporation that has been
established in this state to secure such insurance for its members from an
insurer licensed pursuant to the provisions of Title 57 of NRS.
κ1999 Statutes of Nevada, Page 3028 (Chapter 573, SB 544)κ
3. In addition to the provisions of subsection 2, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to:
(a) Facilitate contractual arrangements for the provision of medical services to its members officers and employees and their dependents and for related administrative services.
(b) Procure health-related information and disseminate that information to its members officers and employees and their dependents.
Sec. 16. NRS 287.030 is hereby amended to read as follows:
287.030 No provisions of law prohibiting, restricting or limiting the assignment of or order for wages or salary shall be deemed in any way to prohibit, restrict or limit the powers enumerated in NRS 287.010 and 287.020, nor the right and power of officers or employees to authorize and approve payment of premiums or contributions by wage and salary deductions.
Sec. 17. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, and section 2 of Senate Bill No. 404 of this [act,] session, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to, except as otherwise provided in section 2 of Senate Bill No. 404 of this [act,] session, make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums or contributions therefor.
Sec. 18. NRS 287.041 is hereby amended to read as follows:
287.041 1. There is hereby created the [committee on benefits to be composed of five] board of the public employees benefits program. The board consists of nine members appointed as follows:
[1. Two members must be selected by the board of directors of the State of Nevada Employees Association.
2. One member must be the director of the department of administration.
3. Two members, one of whom must be an employee retired from state service, must be appointed by the governor.]
(a) One member who is a professional employee of the University and Community College System of Nevada, appointed by the governor upon consideration of any recommendations of organizations that represent employees of the University and Community College System of Nevada.
(b) One member who is retired from public employment, appointed by the governor upon consideration of any recommendations of organizations that represent retired public employees.
(c) Two members who are employees of the state, appointed by the governor upon consideration of any recommendations of organizations that represent state employees.
κ1999 Statutes of Nevada, Page 3029 (Chapter 573, SB 544)κ
(d) One member appointed by the governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.
(e) One member who is employed by this state in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor. The governor may appoint the executive officer of the public employees retirement system to fill this position.
(f) Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor.
(g) The director of the department of administration or his designee.
2. Of the six persons appointed to the board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
3. Each person appointed as a member of the board must:
(a) Except for a member appointed pursuant to paragraph (f) of subsection 1, have been a participant in the program for at least 1 year before his appointment;
(b) Except for a member appointed pursuant to paragraph (f) of subsection 1, be a current employee of the State of Nevada or another public employer that participates in the program or a retired public employee who is a participant in the program; and
(c) Not be an elected officer of the State of Nevada or any of its political subdivisions.
4. Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the board is 4 years and until his successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the governor. If a member loses the requisite qualifications within the last 12 months of his term, the member may serve the remainder of his term. Members are eligible for reappointment. A vacancy occurring in the membership of the board must be filled in the same manner as the original appointment.
5. The appointed members of the board serve at the pleasure of the governor. If the governor wishes to remove a member from the board for any reason other than malfeasance or misdemeanor, the governor shall provide the member with written notice which states the reason for and the effective date of the removal.
Sec. 19. NRS 287.042 is hereby amended to read as follows:
287.042 1. [A majority of the members of the committee on benefits constitutes a quorum for the transaction of business.
2.] No member who is a public employee may receive any compensation for his services as a member of the [committee.] board. Any member who is [employed in the service of the state] a public employee must be granted administrative leave from his duties to engage in the business of the [committee] board without loss of his regular compensation.
κ1999 Statutes of Nevada, Page 3030 (Chapter 573, SB 544)κ
administrative leave from his duties to engage in the business of the [committee] board without loss of his regular compensation. Such leave does not reduce the amount of the members [annual leave.
3.] other accrued leave.
2. A member of the [committee] board who is not a public employee is entitled to receive $80 per day for his attendance at meetings of the [committee.] board.
Sec. 20. NRS 287.043 is hereby amended to read as follows:
287.043 [The committee on benefits shall:
1. Act as an advisory body on matters]
1. The board shall:
(a) Establish and carry out a program to be known as the public employees benefits program which:
(1) Must include a program relating to group life, accident or health insurance, or any combination of these [,] ; and
(2) May include a program to reduce taxable compensation or other forms of compensation other than deferred compensation,
for the benefit of all state officers and employees and other persons who participate in the [states program of group insurance.
2.] program.
(b) Ensure that the program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.
2. In establishing and carrying out the program, the board shall:
(a) Except as otherwise provided in this [subsection,] paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the [states program of group insurance. The committee] program. The board shall establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.
[3.] (b) Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
[4.] (c) Purchase policies of life, accident or health insurance, or any combination of these, or , if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible public officers, employees and retired employees who participate in the [states program.
5. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
6.] program.
(d) Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.
[7.] (e) Investigate and approve or disapprove any contract proposed pursuant to section 12.5 of this act.
κ1999 Statutes of Nevada, Page 3031 (Chapter 573, SB 544)κ
(f) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, and sections 2 and 3 of Senate Bill No. 404 of this [act,] session, and sections 5 to 12.5, inclusive, of this act, including , without limitation, the establishment of:
[(a)] (1) Fees for applications for participation in the [states] program and for the late payment of premiums [;
(b)] or contributions;
(2) Conditions for entry and reentry into the [states] program by public agencies enumerated in NRS 287.010; [and
(c)] (3) The levels of participation in the [states] program required for employees of participating public agencies [.
8.] ;
(4) Procedures by which a group of participants in the program may leave the program pursuant to section 12.5 of this act and conditions and procedures for reentry into the program by such participants; and
(5) Specific procedures for the determination of contested claims.
(g) Appoint an
independent certified public accountant. The accountant shall provide [an] :
(1) An annual audit of the [plan and] program; and
(2) A biennial audit of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits.
The accountant shall report to the [committee] board and the [legislative commission. For the purposes of] interim retirement and benefits committee of the legislature
created pursuant to section 36.5 of this act.
3. The board may use any services provided to state agencies and shall use the services of the purchasing division of the department of administration to establish and carry out the program.
4. The board may make recommendations to the legislature concerning legislation that it deems necessary and appropriate regarding the program.
5. The state and any other public employers that participate in the program are not liable for any obligation of the program other than indemnification of the board and its employees against liability relating to the administration of the program, subject to the limitations specified in NRS 41.0349.
6. As used in this section, employee benefits includes any form of compensation provided to a state employee pursuant to this Title except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.
Sec. 21. NRS 287.0433 is hereby amended to read as follows:
287.0433 The [committee on benefits] board may establish a plan of life, accident or health insurance and provide for the payment of contributions into the [self‑insurance fund,] fund for the public employees benefits program established pursuant to NRS 287.0435, a schedule of benefits and the disbursement of benefits from the fund. The [committee] board may reinsure any risk or any part of such a risk. [Payments into and disbursements from the fund must be so arranged as to keep the fund solvent.]
κ1999 Statutes of Nevada, Page 3032 (Chapter 573, SB 544)κ
Sec. 22. NRS 287.0434 is hereby amended to read as follows:
287.0434 The [committee on benefits] board may:
1. Use its assets to pay the expenses of health care for its members and covered dependents, to pay its employees salaries and to pay administrative and other expenses.
2. Enter into contracts relating to the administration of [a plan of insurance,] the program, including , without limitation, contracts with licensed administrators and qualified actuaries.
3. Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents.
4. Enter into contracts for the services of other experts and specialists as required by [a plan of insurance.] the program.
5. Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the [committee,] board, the state or a participating public employer in administering a plan of insurance offered by that insurer, organization or corporation.
Sec. 23. NRS 287.0435 is hereby amended to read as follows:
287.0435 1. [If any plan of self-insurance is adopted by the committee on benefits, there is created a self-insurance fund as a trust fund for the purpose of receiving contributions. The self-insurance] All money received for the program, including, without limitation, premiums and contributions, must be deposited in the state treasury for credit to the fund for the public employees benefits program which is hereby created as a trust fund. The fund must be accounted for as an internal service fund. Payments into and disbursements from the fund must be so arranged as to keep the fund solvent at all times.
2. The money in the fund must be invested as other money of the state is invested and any income from investments paid into the fund for the benefit of the fund.
3. Disbursements from the fund must be made as any other claims against the state are paid.
4. The state treasurer may charge a reasonable fee for his services in administering the fund, but the state, the state general fund and the state treasurer are not liable to the fund for any loss sustained by the fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the [plan of self-insurance. The state is liable for indemnification of the committee on benefits, the state risk manager and other employees of the state against liability relating to the administration of the states program of group insurance, subject to the limitations specified in NRS 41.0349.] program.
Sec. 24. NRS 287.0437 is hereby amended to read as follows:
287.0437 [The committee on benefits may employ professional, technical and clerical personnel as necessary to assist it in the operation of the plan of self‑insurance. Their salaries and other costs must be paid out of the self‑insurance fund. The committee shall prepare a budget for these costs in the manner prescribed for state agencies.]
κ1999 Statutes of Nevada, Page 3033 (Chapter 573, SB 544)κ
1. The executive officer may appoint a quality control officer, operations officer, accounting officer, information technology systems officer and executive assistant who are in the unclassified service of the state and serve at the pleasure of the executive officer. The appointment and dismissal of the quality control officer are subject to the approval of the board.
2. The quality control officer, operations officer, accounting officer and information technology systems officer must each be a graduate of a 4‑year college or university with a degree that is appropriate to their respective responsibilities or possess equivalent experience as determined by the board.
3. The quality control officer, operations officer, accounting officer, information technology systems officer and executive assistant are entitled to annual salaries fixed by the board with the approval of the interim retirement and benefits committee of the legislature created pursuant to section 36.5 of this act. The salaries of these employees are exempt from the limitations set forth in NRS 281.123.
4. The executive officer may employ such staff in the classified service of the state as are necessary for the performance of his duties, within limits of legislative appropriations or other available money.
Sec. 25. NRS 287.0438 is hereby amended to read as follows:
287.0438 Except for the files of individual members and former members, the correspondence, files, minutes and books of the [plan] program are public records.
Sec. 26. NRS 287.0439 is hereby amended to read as follows:
287.0439 1. A participating public employer shall, on request, furnish to the [committee on benefits] board any information necessary to carry out the provisions of this chapter. Members of the [committee] board and its employees or agents may examine under oath any officer, agent or employee of a participating public employer concerning the information.
2. The books, records and payrolls of a participating public employer must be available for inspection by members of the [committee] board and its employees and agents to obtain any information necessary for the administration of the [plan,] program, including , without limitation, the accuracy of the payroll and identity of employees.
Sec. 27. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the premiums or contributions for that group insurance, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the [group insurance] program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. Participation by the state in the cost of premiums or contributions must not exceed the amounts specified by law. If an officer or employee chooses to cover his dependents, whenever this option is made available by the [committee on benefits,] board, except as otherwise provided in sections 2 and 3 of Senate Bill No. 404 of this [act,] session, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state.
κ1999 Statutes of Nevada, Page 3034 (Chapter 573, SB 544)κ
between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state.
2. A department, agency, commission or public agency shall not pay any part of those premiums or contributions if the group life insurance or group accident or health insurance is not approved by the [committee on benefits.] board.
Sec. 28. NRS 287.0445 is hereby amended to read as follows:
287.0445 The department, agency, commission or public agency which employed an officer or employee who:
1. Was injured in the course of that employment;
2. Receives compensation for a temporary total disability pursuant to NRS 616C.475; and
3. Was a member of the [states program of group insurance] program at the time of the injury,
shall pay the states share of the cost of the premiums [of the group insurance] or contributions for the program for that officer or employee for [a period of] not more than 9 months after the injury or until the officer or employee is able to return to work, whichever is less. If the previous injury recurs within 1 month after the employee returns to work and the employee again receives compensation pursuant to NRS 616C.475 as a result of the previous injury, the department, agency, commission or public agency shall not, except as otherwise provided in this subsection, pay the states share of the cost of the premiums or contributions for the period during which the employee is unable to work as a result of the recurring previous injury. If the initial period of disability was less than 9 months, the department, agency, commission or public agency shall pay, during the recurrence, the states share of the costs of the premiums or contributions for a period which, when added to the initial period, equals not more than 9 months.
Sec. 29. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as otherwise provided in this section, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the [states group insurance] program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
κ1999 Statutes of Nevada, Page 3035 (Chapter 573, SB 544)κ
4. Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.
5. An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the [states group insurance] program at the time of his retirement is eligible to participate in the program 30 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The [committee on benefits] board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the [states] program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.
6. Notwithstanding the provisions of subsections 1, 3 and 4, if the [committee on benefits] board does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to 689B.590, inclusive, and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.
Sec. 30. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as otherwise provided in subsection 6, any state or other participating officer or employee who elects to participate in the [states group insurance] program may participate, and the department, agency, commission or public agency that employs the officer or employee shall pay the states share of the cost of the premiums or contributions for the [group insurance] program from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the [states group insurance] program must authorize deductions from their compensation for the payment of premiums or contributions [on the insurance.] for the program.
2. The department of personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for [group insurance] the program for persons retired from the service of the state who have continued to participate [.] in the program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:
(a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.
(b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 286.300, of the base amount provided by law for that fiscal year.
κ1999 Statutes of Nevada, Page 3036 (Chapter 573, SB 544)κ
excluding service purchased pursuant to NRS 286.300, of the base amount provided by law for that fiscal year.
3. If the amount calculated pursuant to subsection 2 exceeds the actual premium [of] or contribution for the plan of the program that the retired participant selects, the balance must be credited to the [self-insurance] fund for the public employees benefits program created pursuant to NRS 287.0435.
4. For the purposes of subsection 2:
(a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.
(b) No proration may be made for a partial year of service.
5. The department shall agree through the [committee on benefits] board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the [group insurance] program after his death.
6. A senator or assemblyman who elects to participate in the [states group insurance] program shall pay the entire premium or contribution for his insurance.
Sec. 31. NRS 287.0465 is hereby amended to read as follows:
287.0465 1. If an officer or employee of the state or a dependent of such an officer or employee incurs an illness or injury for which medical services are payable under the plan for self-insurance [adopted] established by the [committee on benefits] board and the illness or injury is incurred under circumstances creating a legal liability in some person, other than the officer, employee or dependent, to pay all or part of the cost of those services, the [committee on benefits] board is subrogated to the right of the officer, employee or dependent to the extent of all such costs, and may join or intervene in any action by the officer, employee or dependent or his successors in interest, to enforce that legal liability.
2. If an officer, employee or dependent or his successors in interest fail or refuse to commence an action to enforce that legal liability, the [committee on benefits] board may commence an independent action, after notice to the officer, employee or dependent or his successors in interest, to recover all costs to which it is entitled. In any such action by the [committee on benefits,] board, the officer, employee or dependent may be joined as a third party defendant.
3. If the [committee on benefits] board is subrogated to the rights of the officer, employee or dependent or his successors in interest as provided in subsection 1, the [committee on benefits] board has a lien upon the total proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of a judgment or settlement or otherwise. Within 15 days after recovery by receipt of the proceeds of the judgment, settlement or other recovery, the officer, employee or dependent or his successors in interest shall notify the [committee on benefits] board of the recovery and pay the [committee on benefits] board the amount due to it pursuant to this section. The officer, employee or dependent or his successors in interest are not entitled to double recovery for the same injury.
κ1999 Statutes of Nevada, Page 3037 (Chapter 573, SB 544)κ
4. The officer, employee or dependent or his successors in interest shall notify the [committee on benefits] board in writing before entering any settlement or agreement or commencing any action to enforce the legal liability referred to in subsection 1.
Sec. 32. NRS 287.047 is hereby amended to read as follows:
287.047 If the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program or with the plan of self-insurance [:] of the program:
1. A participating state employee who retires on or after July 1, 1985, may retain his membership in and his dependents coverage by the [states program of group insurance.] program.
2. A participating legislator who retires from the service of the state or who completes 8 years of service as such may retain his membership in and his dependents coverage by the [states program of group insurance.] program.
Sec. 33. NRS 287.0475 is hereby amended to read as follows:
287.0475 1. A public employee who has retired pursuant to NRS 286.510 or 286.620 or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement [under NRS 287.010, 287.020 or 287.0433] pursuant to NRS 287.010 or 287.020 or the program as a public employee by:
(a) Giving written notice of his intent to reinstate the insurance to the employees last public employer not later than January 31, of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the [policys premiums,] premiums or contributions of the public employers program or plan of insurance, in the manner set forth in NRS 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31, of the year in which the public employee or surviving spouse gives notice of his intent to reinstate the insurance. The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within [12] 6 months before reinstatement unless:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The reinstated insurance has been in effect more than 12 consecutive months.
[3. The retired public employee, his dependents and the surviving spouse of a retired public employee who is deceased must show evidence of their good health as a condition of the reinstatement.]
κ1999 Statutes of Nevada, Page 3038 (Chapter 573, SB 544)κ
Sec. 34. NRS 287.048 is hereby amended to read as follows:
287.048 NRS 287.041 to 287.047, inclusive, and sections 5 to 12.5, inclusive, of this act, do not require any officer or employee of the State of Nevada to accept or join the [states program of group insurance,] program, or to assign his wages or salary to or authorize deductions from his wages or salary in payment of premiums or contributions for [group insurance.] the program.
Sec. 35. NRS 287.049 is hereby amended to read as follows:
287.049 The cost of premiums or contributions for [group insurance] the program as provided in NRS 287.044 must be budgeted for as other expenditures of the state are budgeted for.
Sec. 36. NRS 287.245 is hereby amended to read as follows:
287.245 1. The state may agree with any of its employees, and the board of regents of the University of Nevada may agree with any of its employees, to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125 by the [committee on benefits.] board of the public employees benefits program.
2. Political subdivisions of this state may agree with any of their employees to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125.
3. The employer shall deduct an amount from the taxable compensation of an employee pursuant to the agreement between the employer and the employee.
4. An employer shall not make any reduction in the taxable compensation of an employee pursuant to this section until the program established meets the requirements of 26 U.S.C. § 125 for eligibility.
5. The [committee on benefits] board of the public employees benefits program may establish and administer a program pursuant to 26 U.S.C. § 125. The [committee] board may:
(a) Create an appropriate fund for administration of money and other assets resulting from the money deducted [under] pursuant to the program.
(b) Delegate to one or more state agencies or institutions of the University and Community College System of Nevada the responsibility for administering the program for their respective employees, including [:] , without limitation:
(1) Collection of money deducted;
(2) Transmittal of money collected to depositories within the state designated by the [committee;] board; and
(3) Payment for eligible uses.
(c) Contract with a natural person, corporation, institution or other entity, directly or through a state agency or institution of the University and Community College System of Nevada, for services necessary to the administration of the plan, including [:] , without limitation:
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The control and safeguarding of assets;
(4) Programs for communication with employees; and
κ1999 Statutes of Nevada, Page 3039 (Chapter 573, SB 544)κ
(5) The administration and coordination of the program.
6. Each employee who participates in a program established by the [committee] board of the public employees benefits program pursuant to this section shall pay a proportionate share of the cost to administer the program as determined by the [committee.] board.
7. The provisions of this section do not supersede, make inoperative or reduce the benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 36.5. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created an interim retirement and benefits committee of the legislature to review the operation of the public employees retirement system and the public employees benefits program and to make recommendations to the public employees retirement board and the board of the public employees benefits program, the legislative commission and the legislature. The interim retirement and benefits committee consists of six members appointed as follows:
(a) Three members of the senate, one of whom is the chairman of the committee on finance during the preceding session and two of whom are appointed by the majority leader of the senate.
(b) Three members of the assembly, one of whom is the chairman of the committee on ways and means and two of whom are appointed by the speaker of the assembly.
2. The immediate past chairman of the senate standing committee on finance is the chairman of the interim retirement and benefits committee for the period ending with the convening of each odd‑numbered session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim retirement and benefits committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
3. The interim retirement and benefits committee may exercise the powers conferred on it by law only when the legislature is not in regular or special session and shall meet at the call of the chairman.
4. The director of the legislative counsel bureau shall provide a secretary for the interim retirement and benefits committee.
5. The members of the interim retirement and benefits committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided by NRS 218.2207 for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, compensation and travel expenses of the members of the committee must be paid from the legislative fund.
Sec. 37. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
κ1999 Statutes of Nevada, Page 3040 (Chapter 573, SB 544)κ
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The welfare division of the department of human resources.
(h) The division of health care financing and policy of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.
2. Except as otherwise provided in NRS 391.323, the department of education, the [committee on benefits] board of the public employees benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 38. NRS 277.067 is hereby amended to read as follows:
277.067 1. Except as otherwise provided in subsection 2, any two or more political subdivisions of this state, agencies of the state or the University and Community College System of Nevada may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
κ1999 Statutes of Nevada, Page 3041 (Chapter 573, SB 544)κ
cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, as that term is defined in NRS 681A.020;
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070;
(e) Health insurance, as that term is defined in NRS 681A.030; or
(f) Insurance for any combination of these kinds of protection.
2. Any political subdivision of the state, any agency of the state or the University and Community College System of Nevada which participates in the [states program of group insurance] public employees benefits program shall obtain the approval of the [committee on benefits] board of the public employees benefits program before it enters into a cooperative agreement for the purchase of health insurance pursuant to paragraph (e) of subsection 1.
3. Any such agreement may obligate the respective parties to pledge revenues or contribute money to secure the obligations or pay the expenses of the cooperative undertaking and may provide for the establishment of a separate entity to administer the undertaking.
Sec. 39. Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:
The state risk manager may employ such staff as is necessary for the performance of his duties, within limits of legislative appropriations or other available money.
Sec. 40. NRS 331.184 is hereby amended to read as follows:
331.184 The state risk manager shall:
1. Direct and supervise all administrative and technical activities of the risk management division.
2. Determine the nature and extent of requirements for insurance, other than group life, accident or health insurance, on risks of an insurable nature of the state and any of its agencies, the premiums for which are payable in whole or in part from public money.
3. Negotiate for, procure, purchase and have placed, through a licensed insurance agent or broker residing or domiciled in Nevada, or continued in effect all insurance coverages, other than employee group life, accident or health insurance, which may be reasonably obtainable, whether from insurers authorized to transact business in this state or under the surplus lines provisions of chapter 685A of NRS.
4. Conduct periodic inspections of premises, property and risks to determine insurability, risk and premium rate, and submit a written report of each inspection and appraisal, together with any recommendations that appear appropriate, to the administrator of the agency most responsible for the premises, property or risk, and to the director of the department of administration.
5. Provide for self-insurance if the potential loss is relatively insignificant or if the risk is highly predictable and the probability of loss is so slight that the cost of insuring the risk is not a prudent expenditure of public funds, or if insurance is unavailable or unavailable at a reasonable cost.
κ1999 Statutes of Nevada, Page 3042 (Chapter 573, SB 544)κ
public funds, or if insurance is unavailable or unavailable at a reasonable cost.
6. Select reasonable deductibles when it appears economically advantageous to the state to do so.
7. Select comprehensive and blanket coverages insuring the property of two or more state agencies when that appears economically advisable.
8. Investigate and determine the reliability and financial condition of insurers, and the services they provide.
9. Minimize risks by adopting and promoting programs to control losses and encourage safety.
10. Perform any of the services described in subsections 2, 3 and 4 for any political subdivision of the state at the request of its managing officer or governing body.
11. [Act as adviser to the committee on benefits.
12.] Perform any other function of risk management as directed by the director of the department of administration.
Sec. 41. Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner shall adopt regulations which require the use of uniform claim forms and billing codes and the ability to make compatible electronic data transfers for all insurers and administrators authorized to conduct business in this state relating to a health care plan or health insurance or providing or arranging for the provision of health care services, including, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation, a health maintenance organization, a plan for dental care and a prepaid limited health service organization.
2. As used in this section:
(a) Administrator has the meaning ascribed to it in NRS 683A.025.
(b) Health care plan means a policy, contract, certificate or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
Sec. 42. NRS 689B.065 is hereby amended to read as follows:
689B.065 1. A policy of group health insurance issued to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that replacement policy is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement policy pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
κ1999 Statutes of Nevada, Page 3043 (Chapter 573, SB 544)κ
3. Any insurer which issues a replacement policy pursuant to subsection 1 may submit a written request to the insurer who provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer who provided the previous policy or coverage shall give a written statement to the insurer providing the replacement policy which indicates what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section:
(a) Apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a policy of group health insurance.
(b) Do not apply to the [states program of group insurance] public employees benefits program established pursuant to NRS 287.041 to 287.049, inclusive [.] , and sections 5 to 12.5, inclusive, of this act.
Sec. 42.5. Section 18 of this act is hereby amended to read as follows:
Sec. 18. NRS 287.041 is hereby amended to read as follows:
287.041 1. There is hereby created the board of the public employees benefits program. The board consists of [nine] seven members appointed as follows:
(a) One member who is an employee of the University and Community College System of Nevada, appointed by the governor upon consideration of any recommendations of organizations that represent employees of the University and Community College System of Nevada.
(b) One member who is retired from public employment, appointed by the governor upon consideration of any recommendations of organizations that represent retired public employees.
(c) Two members who are employees of the state, appointed by the governor upon consideration of any recommendations of organizations that represent state employees.
(d) One member appointed by the governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.
(e) One member who is employed by this state in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor. The governor may appoint the executive officer of the public employees retirement system to fill this position.
(f) [Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor.
(g)] The director of the department of administration or his designee.
2. Of the six persons appointed to the board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
κ1999 Statutes of Nevada, Page 3044 (Chapter 573, SB 544)κ
accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
3. Each person appointed as a member of the board must:
(a) [Except for a member appointed pursuant to paragraph (f) of subsection 1, have] Have been a participant in the program for at least 1 year before his appointment;
(b) [Except for a member appointed pursuant to paragraph (f) of subsection 1, be] Be a current employee of the State of Nevada or another public employer that participates in the program or a retired public employee who is a participant in the program; and
(c) Not be an elected officer of the State of Nevada or any of its political subdivisions.
4. Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the board is 4 years and until his successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the governor. If a member loses the requisite qualifications within the last 12 months of his term, the member may serve the remainder of his term. Members are eligible for reappointment. A vacancy occurring in the membership of the board must be filled in the same manner as the original appointment.
5. The appointed members of the board serve at the pleasure of the governor. If the governor wishes to remove a member from the board for any reason other than malfeasance or misdemeanor, the governor shall provide the member with written notice which states the reason for and the effective date of the removal.
Sec. 42.7. Section 3 of Assembly Bill No. 12 of this session is hereby amended to read as follows:
Sec. 3. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The welfare division of the department of human resources.
(h) The division of health care financing and policy of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.
(k) The division of industrial relations of the department of business and industry acting to enforce the provisions of NRS 618.375.
κ1999 Statutes of Nevada, Page 3045 (Chapter 573, SB 544)κ
(l) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.
2. Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Secs. 43‑46. (Deleted by amendment.)
Sec. 47. Section 3 of Assembly Bill No. 176 of this session is hereby amended to read as follows:
Sec. 3. 1. Notwithstanding the provisions of NRS 287.041 to 287.049, inclusive, to the contrary, the operation of the Committee on Benefits, created by NRS 287.041, is hereby [indefinitely] suspended and the committee shall not transact any business or hold any meetings [after the effective date of this act.
2. On and after the effective date of this act, the] until the members of the board of the public employees benefits program are appointed pursuant to section 48 of Senate Bill No. 544 of this session.
κ1999 Statutes of Nevada, Page 3046 (Chapter 573, SB 544)κ
2. The Governor, or his designee, shall administer the provisions of NRS 287.041 to 287.049, inclusive [.] , until the members of the board of the public employees benefits program are appointed pursuant to section 48 of Senate Bill No. 544 of this session. For this purpose, the Governor or his designee are hereby granted all powers necessary and proper to ensure the efficient and effective operation of the plan of self-insurance for state officers and employees and all other programs and benefits authorized by NRS 287.041 to 287.049, inclusive, and shall act on behalf of the Committee on Benefits in all matters relating to any contracts or other matters to which the committee is a party.
3. The State of Nevada is liable for indemnification of the Governor and his designee against liability relating to the administration of the states program of group insurance or the public employees benefits program, subject to the limitations specified in NRS 41.0349.
Sec. 47.2. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:
Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the [states program of group insurance] public employees benefits program if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the [states program of group insurance] public employees benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the [states program of group insurance.] public employees benefits program. If such a spouse or child elects to join the [states program of group insurance,] public employees benefits program, the spouse, child or legal guardian of the child must notify in writing the [committee on benefits] board within 60 days after the date of death of the volunteer fireman.
3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the [states program of group insurance] public employees benefits program for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the [states program of group insurance] public employees benefits program for the surviving spouse or child who elects to join the [states program of group insurance] public employees benefits program pursuant to subsection 2.
κ1999 Statutes of Nevada, Page 3047 (Chapter 573, SB 544)κ
program for the surviving spouse or child who elects to join the [states program of group insurance] public employees benefits program pursuant to subsection 2.
4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
5. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
Sec. 47.3. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:
Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the public employees benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the public employees benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the public employees benefits program. If such a spouse or child elects to join the public employees benefits program the spouse, child or legal guardian of the child must notify in writing the board within 60 days after the date of death of the volunteer fireman.
3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the public employees benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the public employees benefits program for the surviving spouse or child who elects to join the public employees benefits program pursuant to subsection 2.
κ1999 Statutes of Nevada, Page 3048 (Chapter 573, SB 544)κ
4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
5. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
Sec. 47.5. NRS 286.113 and 287.0432 are hereby repealed.
Sec. 48. 1. The terms of the persons who are members of the committee on benefits on June 30, 1999, expire on that date.
2. As soon as practicable on or before July 1, 1999, the appointing authorities set forth in subsection 1 of NRS 287.041, as amended by this act, shall appoint members of the board. The initial appointed members of the board shall, at the first meeting of the board after their appointment, draw lots to determine which:
(a) Member will serve an initial term that begins on July 1, 1999, and expires on July 1, 2000;
(b) Member will serve an initial term that begins on July 1, 1999, and expires on July 1, 2001;
(c) Member will serve an initial term that begins on July 1, 1999, and expires on July 1, 2002; and
(d) Two members will serve initial terms that begin on July 1, 1999, and expire on July 1, 2003.
Sec. 48.5. On or before February 5, 2001, the board of the public employees benefits program created pursuant to NRS 287.041 shall submit a copy of the regulations adopted by the board pursuant to section 12.5 of this act to the 71st session of the Nevada Legislature.
Sec. 49. 1. This section and sections 41, 47 and 48 of this act become effective upon passage and approval.
2. Sections 1 to 12, inclusive, 13 to 28, inclusive, 30 to 40, inclusive, 42, 42.7, 47.2, 47.5, 48.5 and 50 of this act become effective on July 1, 1999.
3. Section 29 of this act becomes effective at 12:01 a.m. on July 1, 1999.
4. Section 12.5 and 47.3 of this act become effective on July 1, 1999, for the purpose of adopting regulations, and on January 1, 2001, for all other purposes.
5. Section 18 of this act expires by limitation on July 1, 2003.
6. Section 42.5 of this act becomes effective on July 1, 2003.
Sec. 50. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to:
(a) Committee on benefits to board of the public employees benefits program.
(b) States program of group insurance to public employees benefits program.
κ1999 Statutes of Nevada, Page 3049 (Chapter 573, SB 544)κ
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to:
(a) Committee on benefits to board of the public employees benefits program.
(b) States program of group insurance to public employees benefits program.
________
Senate Bill No. 210Senator Townsend
CHAPTER 574
AN ACT relating to professions; creating the board of examiners for alcohol and drug abuse counselors; prescribing the powers and duties of the board; requiring persons who counsel alcohol and drug abusers to be licensed or certified by the board; prescribing the requirements for licensure and certification; providing a penalty; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 44, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Board means the board of examiners for alcohol and drug abuse counselors.
Sec. 4. Certificate means a certificate issued to a person who is certified as an alcohol and drug abuse counselor or an alcohol and drug abuse counselor intern.
Sec. 5. Certified counselor means a person who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 6. Certified intern means a person who is certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter.
Sec. 7. Habitual use means the use of alcohol and drugs that endangers the health, safety or welfare of the user or any other person.
Sec. 8. License means a license issued to a person who is licensed as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 9. Licensed counselor means a person who is licensed as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 10. Practice of counseling alcohol and drug abusers means the application of counseling to reduce or eliminate the habitual use of alcohol or other drugs, other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS.
κ1999 Statutes of Nevada, Page 3050 (Chapter 574, SB 210)κ
Sec. 11. The practice of counseling alcohol and drug abusers is hereby declared to be a learned profession, affecting public health, safety and welfare and is subject to regulation to protect the public from the practice of counseling alcohol and drug abusers by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling alcohol and drug abusers.
Sec. 12. A license or certificate issued pursuant to the provisions of this chapter is a privilege that may be revoked in accordance with the disciplinary procedures set forth in this chapter and in regulations adopted by the board pursuant thereto, and no holder of such a license or certificate acquires thereby any vested right.
Sec. 13. The provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to the provisions of chapter 630 of NRS;
2. A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the state board of nursing to engage in the practice of counseling alcohol and drug abusers;
3. A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;
4. A marriage and family therapist who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the board of examiners for marriage and family therapists to engage in the practice of counseling alcohol and drug abusers; or
5. A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the board of examiners for social workers to engage in the practice of counseling alcohol and drug abusers.
Sec. 14. 1. The board of examiners for alcohol and drug abuse counselors, consisting of five members appointed by the governor, is hereby created.
2. The board must consist of:
(a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter;
(b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter; and
(c) One member who is a representative of the general public.
3. A person may not be appointed to the board unless he is:
(a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b) A resident of this state.
4. No member of the board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
Sec. 15. 1. After the initial terms, the members of the board must be appointed to terms of 4 years and may not serve more than two consecutive terms.
2. Upon the expiration of his term, a member continues to serve on the board until a qualified person has been appointed as his successor.
κ1999 Statutes of Nevada, Page 3051 (Chapter 574, SB 210)κ
3. The governor may, after notice and hearing, remove any member of the board for misconduct, incompetence, neglect of duty or any other sufficient cause.
4. The board shall:
(a) Elect annually from its members a president, vice president and secretary‑treasurer. If the president, vice president or secretary-treasurer is replaced by another person appointed by the governor, the board shall elect from its members a replacement for the president, vice president or secretary-treasurer.
(b) Meet not less than twice a year and may meet at other times at the call of the president or a majority of its members.
(c) Not incur any expenses that exceed the money received from time to time as fees provided by the provisions of this chapter.
(d) Prepare and maintain a record of its transactions and proceedings.
(e) Adopt a seal of which each court of this state shall take judicial notice.
5. A majority of the members of the board constitutes a quorum to transact the business of the board.
Sec. 16. 1. Each member of the board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses, at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for officers and employees of this state generally.
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for officers and employees of this state generally.
Sec. 17. The secretary-treasurer of the board shall prepare and maintain:
1. A separate list of the names and addresses of:
(a) The applicants for a license;
(b) The applicants for a certificate;
(c) The licensed counselors;
(d) The certified counselors; and
(e) The certified interns.
2. A record of each examination conducted by the board.
3. An inventory of:
(a) The property of the board; and
(b) The property of this state that is in the possession of the board.
Sec. 18. The board may:
1. Maintain offices in as many locations in this state as it considers necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other persons necessary to carry out its duties.
Sec. 19. 1. Except as otherwise provided in subsection 4, all expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
κ1999 Statutes of Nevada, Page 3052 (Chapter 574, SB 210)κ
2. All money received by the board must be deposited in a bank or other financial institution in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in a bank or other financial institution in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the board shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund. If money is so deposited, the board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 20. Each applicant for a license or certificate must submit to the board:
1. An application on a form provided by the board; and
2. The application fee prescribed in section 34 of this act.
Sec. 21. An application for a license or certificate must set forth the social security number of the applicant.
Sec. 22. 1. An applicant for the issuance, renewal, reinstatement or restoration of a license or certificate shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance, renewal, reinstatement or restoration of the license or certificate; or
(b) A separate form prescribed by the board.
3. A license or certificate may not be issued, renewed, reinstated or restored by the board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to notify the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
κ1999 Statutes of Nevada, Page 3053 (Chapter 574, SB 210)κ
Sec. 23. The board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the board;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
Sec. 24. 1. A license as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
2. A licensed counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers;
(b) Diagnose or classify a person as an alcoholic or abuser of drugs; and
(c) Supervise certified interns.
Sec. 25. 1. The board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a bachelors degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
κ1999 Statutes of Nevada, Page 3054 (Chapter 574, SB 210)κ
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
2. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
3. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 26. 1. The board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to section 34 of this act;
(e) Submits proof to the board that he:
(1) Is enrolled in a program from which he will receive an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board; or
(2) Has received an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board; and
(f) Submits the statement required pursuant to section 22 of this act.
2. A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 27. 1. Except as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers unless he is a licensed counselor, certified counselor or certified intern.
2. A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor for not more than 30 days if that person:
(a) Is qualified to be licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter; and
(b) Submits an application to the board for a license or certificate as an alcohol and drug abuse counselor or a certificate as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter.
Sec. 28. 1. Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the provisions of this chapter and any regulations adopted by the board pursuant to the provisions of this chapter.
2. The board shall:
(a) Examine applicants at least two times each year.
κ1999 Statutes of Nevada, Page 3055 (Chapter 574, SB 210)κ
(b) Establish the time and place for the examinations.
(c) Provide such books and forms as may be necessary to conduct the examinations.
(d) Establish, by regulation, the requirements for passing the examination.
3. The board may employ other persons to conduct the examinations.
Sec. 29. 1. The board may hold hearings and conduct investigations concerning any matter related to an application for a license or certificate. In the hearings and investigations, the board may require the presentation of evidence.
2. The board may refuse to issue a license or certificate to an applicant if the board determines that the applicant:
(a) Is not of good moral character as it relates to the practice of counseling alcohol and drug abusers;
(b) Has submitted a false credential to the board;
(c) Has been disciplined in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers;
(d) Has committed an act in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers that would be a violation of the provisions of this chapter if the act were committed in this state; or
(e) Has failed to comply with any of the requirements for a license or certificate.
Sec. 30. The board shall issue a license or certificate without examination to a person who holds a license or certificate as an alcohol and drug abuse counselor in another state, a territory or possession of the United States or the District of Columbia if the requirements of that jurisdiction at the time the license or certificate was issued are deemed by the board to be substantially equivalent to the requirements set forth in the provisions of this chapter.
Sec. 31. 1. The board may issue a provisional license or certificate as an alcohol and drug abuse counselor to a person who has applied to the board to take the examination for a license or certificate as an alcohol and drug abuse counselor and is otherwise eligible for that license or certificate pursuant to section 23 or 25 of this act.
2. A provisional license or certificate is valid for not more than 1 year and may not be renewed.
Sec. 32. Except as otherwise provided in section 31 of this act, a person may renew his license or certificate by submitting to the board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed in section 34 of this act;
3. Evidence of his completion of the continuing education required by the board;
4. If the applicant is a certified intern, the name of the licensed counselor who supervises him; and
5. The statement required pursuant to section 22 of this act.
κ1999 Statutes of Nevada, Page 3056 (Chapter 574, SB 210)κ
Sec. 33. 1. A license or certificate that is not renewed on or before the date on which it expires is delinquent. The board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
2. A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of section 32 of this act and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in section 34 of this act.
3. A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.
4. A license or certificate that has expired may be restored if the applicant:
(a) Submits to the board an application to restore the license or certificate;
(b) Submits to the board the statement required pursuant to section 22 of this act;
(c) Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in section 34 of this act;
(d) Passes the oral and written examinations prescribed by the board; and
(e) Submits to the board evidence of his completion of the continuing education required by the board.
Sec. 34. 1. The board shall charge and collect not more than the following fees:
For the initial application for a license or certificate............................................................................................ $150
For the issuance of a provisional license or certificate............................................................................................ 125
For the issuance of an initial license or certificate...................................................................................................... 60
For the renewal of a license or certificate as an alcohol and drug abuse counselor......................................... 300
For the renewal of a certificate as an alcohol and drug abuse counselor intern.................................................. 75
For the renewal of a delinquent license or certificate................................................................................................. 75
For the restoration of an expired license or certificate............................................................................................ 150
For the restoration of a suspended or revoked license or certificate..................................................................... 300
For the issuance of a license or certificate without examination........................................................................... 150
For an examination.......................................................................................................................................................... 150
2. The fees charged and collected pursuant to this section are not refundable.
κ1999 Statutes of Nevada, Page 3057 (Chapter 574, SB 210)κ
Sec. 35. The grounds for initiating disciplinary action pursuant to the provisions of this chapter include:
1. Conviction of:
(a) A felony;
(b) An offense involving moral turpitude; or
(c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;
2. Fraud or deception in:
(a) Applying for a license or certificate;
(b) Taking an examination for a license or certificate;
(c) Documenting the continuing education required to renew or reinstate a license or certificate;
(d) Submitting a claim for payment to an insurer; or
(e) The practice of counseling alcohol and drug abusers;
3. Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;
4. Professional incompetence;
5. The habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers;
6. Engaging in the practice of counseling alcohol and drug abusers with an expired, suspended or revoked license or certificate; and
7. Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the board.
Sec. 36. 1. The board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
2. As soon as practicable after the filing of the complaint, the board shall set a date for a hearing thereon. The date must not be earlier than 30 days after the complaint is filed, except that the date may be changed upon agreement of the parties. The board shall immediately notify the licensed or certified counselor or certified intern of the complaint and the date and place set for the hearing. A copy of the complaint must be attached to the notice.
3. The failure of the licensed or certified counselor or certified intern to appear at the hearing does not delay or void the proceeding.
4. The board may, for good cause, continue a hearing from time to time.
5. If, after notice and a hearing, the board determines that the licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:
(a) Administer a public or private reprimand;
(b) Suspend his license or certificate and impose conditions for the removal of the suspension;
κ1999 Statutes of Nevada, Page 3058 (Chapter 574, SB 210)κ
(c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;
(d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers;
(e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;
(f) Require him to pay restitution to any person adversely affected by his acts or omissions;
(g) Impose a fine of not more than $5,000;
(h) Require him to pay the costs of the board for the investigation and hearing; or
(i) Take any combination of the actions authorized by paragraphs (a) to (h), inclusive.
6. If his license or certificate is revoked or suspended pursuant to subsection 5, the licensed or certified counselor or certified intern may apply to the board for a rehearing within 10 days after the license or certificate is revoked or suspended. The licensed or certified counselor or certified intern may apply to the board for reinstatement of his revoked license or certificate not earlier than 1 year after the license or certificate is revoked. The board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.
Sec. 37. A person who violates any of the provisions of this chapter is guilty of a misdemeanor.
Sec. 38. The board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:
1. The ethical standards for licensed and certified counselors and certified interns; and
2. The requirements for continuing education for the renewal or reinstatement of a license or certificate.
Sec. 39. 1. Any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation, the information and records are public records if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
2. If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection 1, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.
κ1999 Statutes of Nevada, Page 3059 (Chapter 574, SB 210)κ
Sec. 40. 1. The board may issue subpoenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which a hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by a subpoena issued by the board.
3. If a witness refuses to attend or testify or to produce any books or papers required by a subpoena, the board may file a petition ex parte with the district court, setting forth that:
(a) Notice has been given of the time and place for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the board pursuant to this section;
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing; and
(d) The board therefore requests an order of the court compelling the witness to attend and testify or produce the books and papers before the board.
4. The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and to show cause why he has not attended or testified or produced the books or papers before the board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order, and testify or produce the required books or papers. The failure to obey the order is a contempt of the court that issued it.
Sec. 41. Each witness who appears by an order of the board is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case. The amount must be paid by the party who requested the subpoena. If a witness who has not been required to attend at the request of any party is subpoenaed by the board, his fees and mileage must be paid from the money of the board.
Sec. 42. 1. The board may, in any hearing before it, cause the deposition of witnesses to be taken in the manner prescribed for depositions in civil actions in this state.
2. The district court in and for the county in which a hearing is held shall, upon the application of the board, issue a commission to another state for the taking of evidence in that state for use in a proceeding before the board.
Sec. 43. 1. If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person, the board shall deem the license or certificate to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the person by the district attorney or other public agency pursuant to NRS 425.550 stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ1999 Statutes of Nevada, Page 3060 (Chapter 574, SB 210)κ
order was issued unless the board receives a letter issued to the person by the district attorney or other public agency pursuant to NRS 425.550 stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The board shall reinstate a license or certificate that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 44. 1. A person shall not:
(a) Hold himself out to the member of the general public as an alcohol and drug abuse counselor or alcohol and drug abuse counselor intern;
(b) Use the title alcohol and drug abuse counselor, alcohol and drug abuse counselor intern, drug abuse counselor, substance abuse counselor or any similar title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the board,
unless he is licensed or certified by the board pursuant to the provisions of this chapter.
2. If the board believes that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prevent the criminal prosecution and punishment of a person who violates the provisions of subsection 1.
Sec. 45. (Deleted by amendment.)
Sec. 46. NRS 641.029 is hereby amended to read as follows:
641.029 [This chapter does] The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A person who is licensed to practice dentistry in this state;
3. A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
4. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act; or
7. Any clergyman,
if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
Sec. 47. (Deleted by amendment.)
κ1999 Statutes of Nevada, Page 3061 (Chapter 574, SB 210)κ
Sec. 48. NRS 641B.040 is hereby amended to read as follows:
641B.040 [This chapter does] The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A nurse who is licensed to practice in this state;
3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person [certified] who is licensed as a marriage and family [counselor] therapist pursuant to chapter 641A of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act;
7. Any clergyman;
8. A county welfare director;
9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates his training status.
Sec. 49. (Deleted by amendment.)
Sec. 50. NRS 62.2275 is hereby amended to read as follows:
62.2275 1. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed the unlawful act of:
(a) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795;
(b) Using, possessing, selling or distributing a controlled substance; or
(c) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section:
(a) Must be conducted by:
(1) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to sections 2 to 44, inclusive, of this act to make that classification [by the bureau of alcohol and drug abuse;] ; or
(2) A physician who is certified to make that classification by the board of medical examiners , [; or
(3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,] who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
κ1999 Statutes of Nevada, Page 3062 (Chapter 574, SB 210)κ
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all [of] those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. [Such an] The evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the drivers record of that child for 7 years after the date of the offense.
κ1999 Statutes of Nevada, Page 3063 (Chapter 574, SB 210)κ
violated the provisions of NRS 484.379 or 484.3795 must be included in the drivers record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) Bureau of alcohol and drug abuse means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) Evaluation center has the meaning ascribed to it in NRS 484.3793.
(c) Treatment facility has the meaning ascribed to it in NRS 484.3793.
Sec. 51. NRS 209.448 is hereby amended to read as follows:
209.448 1. An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than 30 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act.
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 52. NRS 211.340 is hereby amended to read as follows:
211.340 1. In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from his term of imprisonment if the prisoner:
(a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act; and
(b) Is awarded a certificate evidencing his successful completion of the program.
2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec. 53. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625A, inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS and sections 2 to 44, inclusive, of this act shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all [of] its fiscal records once each year for the preceding fiscal year or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.
κ1999 Statutes of Nevada, Page 3064 (Chapter 574, SB 210)κ
2. A report of each such audit must be filed by the board or commission with the legislative auditor and the director of the budget on or before December 1 of each year in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
3. The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 54. NRS 232.920 is hereby amended to read as follows:
232.920 The director:
1. Shall:
(a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;
(b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary [to] for the performance of the duties of the department.
Sec. 55. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government, including the commission on judicial discipline;
(b) Any person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 44, inclusive, of this act; or
(c) Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
κ1999 Statutes of Nevada, Page 3065 (Chapter 574, SB 210)κ
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the legislative commission with respect to the personnel of the legislative counsel bureau.
4. Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS and sections 2 to 44, inclusive, of this act which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the state board of examiners before those services may be provided.
Sec. 56. NRS 353A.010 is hereby amended to read as follows:
353A.010 As used in this chapter, unless the context otherwise requires:
1. Agency means every agency, department, division, board, commission or similar body, or elected officer, of the executive branch of the state, except:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 44, inclusive, of this act.
(b) The University and Community College System of Nevada.
(c) The public employees retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of business and industry.
(f) The Colorado River commission.
2. Director means the director of the department of administration.
3. Internal accounting and administrative control means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.
Sec. 57. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to [458.360,] 458.350, inclusive, unless the context requires otherwise:
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. Chief means the chief of the bureau.
6. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. Department means the department of employment, training and rehabilitation.
κ1999 Statutes of Nevada, Page 3066 (Chapter 574, SB 210)κ
8. Director means the director of the department.
9. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 57.5. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this session, unless the context requires otherwise:
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. Chief means the chief of the bureau.
6. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. Department means the department of employment, training and rehabilitation.
8. Detoxification technician means a person who is certified by the bureau to provide screening for the safe withdrawal from alcohol and other drugs.
9. Director means the director of the department.
[9.] 10. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
[10.] 11. Halfway house for alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Sec. 58. NRS 458.025 is hereby amended to read as follows:
458.025 The bureau of alcohol and drug abuse is hereby created in the rehabilitation division of the department. The bureau:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
κ1999 Statutes of Nevada, Page 3067 (Chapter 574, SB 210)κ
(c) A survey of the need for trained teachers, persons who have professional training in fields of health and others involved in the education and prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. [Is responsible for coordinating] Shall coordinate the efforts to carry out the state plan and [coordinating] coordinate all state and federal financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all applications for grants from within the state which are concerned with alcohol and drug abuse programs, and shall review and advise concerning the applications.
3. Shall develop and publish standards of certification and may certify or deny certification of [any] operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians or any facilities [, programs or personnel] or programs on the basis of the standards, and publish a list of certified operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs and personnel. Any facilities, programs or personnel] and programs. Any operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief:
(a) Shall establish the requirements for continuing education for persons certified as [counselors and administrators of the programs;] detoxification technicians; and
(b) May set fees for the certification of operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs or personnel.] or programs. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed the actual cost to the bureau of issuing the certificate.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and [personnel] detoxification technicians and add them to the list [of certified facilities, programs and personnel.] described in subsection 3.
Sec. 58.2. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his certification as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
κ1999 Statutes of Nevada, Page 3068 (Chapter 574, SB 210)κ
2. The bureau shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the bureau.
3. The certification of a person as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] may not be issued or renewed by the bureau if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 58.4. NRS 458.027 is hereby amended to read as follows:
458.027 1. If the bureau receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, the bureau shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The bureau shall reinstate the certification of a person as [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 58.6. NRS 458.028 is hereby amended to read as follows:
458.028 An application for the certification of [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, must include the social security number of the applicant.
κ1999 Statutes of Nevada, Page 3069 (Chapter 574, SB 210)κ
Sec. 59. NRS 458.031 is hereby amended to read as follows:
458.031 The department shall administer the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, as the sole agency of the State of Nevada for that purpose.
Sec. 60. NRS 458.035 is hereby amended to read as follows:
458.035 The department may contract with any appropriate public or private agency, organization or institution [in order] to carry out the provisions of NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 61. NRS 458.043 is hereby amended to read as follows:
458.043 As executive head of the bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by NRS 458.010 to [458.360,] 458.350, inclusive, subject to administrative supervision by the administrator of the rehabilitation division of the department.
2. Subject to the approval of the administrator of the rehabilitation division of the department, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.
Sec. 62. NRS 458.055 is hereby amended to read as follows:
458.055 1. To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.
2. Wherever information concerning persons applying for and receiving any services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of [such] that information by the agency or institution is subject to the rules established by the bureau pursuant to subsection 1.
3. Except as otherwise provided in NRS 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to [458.360,] 458.350, inclusive, a person shall not disclose, use or permit to be disclosed, any confidential information concerning a person receiving services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 63. NRS 458.091 is hereby amended to read as follows:
458.091 Alcohol and drug abusers must be admitted to public or private general medical hospitals which receive federal or state money for alcohol and drug abuse programs, and must be treated in [such] those hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 64. NRS 458.100 is hereby amended to read as follows:
458.100 1. All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury for credit to the state grant and gift account for alcohol and drug abuse which is hereby created in the department of employment, training and rehabilitations gift fund.
κ1999 Statutes of Nevada, Page 3070 (Chapter 574, SB 210)κ
2. Money in the account must be used [for the purpose of carrying] to carry out the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, and other programs or laws administered by the bureau.
3. All claims must be approved by the chief before they are paid.
Sec. 65. NRS 458.110 is hereby amended to read as follows:
458.110 In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the bureau may engage in any activity necessary to effectuate the purposes of NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 66. NRS 458.115 is hereby amended to read as follows:
458.115 Money to carry out the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, must be provided by direct legislative appropriation from the state general fund and paid out on claims as other claims against the state are paid. All claims must be approved by the chief before they are paid.
Sec. 67. NRS 484.37937 is hereby amended to read as follows:
484.37937 1. Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 6 months. The court shall authorize such treatment if:
(a) The person is diagnosed as an alcoholic or abuser of drugs by [a:
(1) Counselor or other person certified] :
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician] ; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse.
κ1999 Statutes of Nevada, Page 3071 (Chapter 574, SB 210)κ
treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 68. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 1 year if:
(a) He is diagnosed as an alcoholic or abuser of drugs by [a:
(1) Counselor or other person certified] :
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
κ1999 Statutes of Nevada, Page 3072 (Chapter 574, SB 210)κ
the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician] ; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
κ1999 Statutes of Nevada, Page 3073 (Chapter 574, SB 210)κ
minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 69. NRS 484.37943 is hereby amended to read as follows:
484.37943 1. If a person is found guilty of a first violation, if the weight of alcohol in the defendants blood at the time of the offense was 0.18 percent or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that evaluation [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] ; or
(b) A physician who is certified to make that evaluation by the board of medical examiners , [; or
(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,]
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
κ1999 Statutes of Nevada, Page 3074 (Chapter 574, SB 210)κ
offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Sec. 70. NRS 484.3796 is hereby amended to read as follows:
484.3796 1. Before sentencing an offender pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2. The evaluation must be conducted by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make such an evaluation ; [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;]
(b) A physician who is certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist who is certified to make such an evaluation by the board of psychological examiners.
3. The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 71. NRS 488.430 is hereby amended to read as follows:
488.430 1. Before sentencing a defendant pursuant to NRS 488.420, the court shall require that the defendant be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2. The evaluation must be conducted by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make such an evaluation ; [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;]
(b) A physician who is certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist who is certified to make such an evaluation by the board of psychological examiners.
3. The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 72. NRS 608.0116 is hereby amended to read as follows:
608.0116 Professional means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS [.] and sections 2 to 44, inclusive, of this act.
κ1999 Statutes of Nevada, Page 3075 (Chapter 574, SB 210)κ
Sec. 73. Section 23 of this act is hereby amended to read as follows:
Sec. 23. The board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
(g) Submits the statement required pursuant to section 22 of this act.]
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the board;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
(g) Submits the statement required pursuant to section 22 of this act.]
Sec. 74. Section 25 of this act is hereby amended to read as follows:
Sec. 25. 1. The board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a bachelors degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
κ1999 Statutes of Nevada, Page 3076 (Chapter 574, SB 210)κ
(g) Submits the statement required pursuant to section 22 of this act.]
2. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
3. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 75. Section 26 of this act is hereby amended to read as follows:
Sec. 26. 1. The board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to section 34 of this act; and
(e) Submits proof to the board that he:
(1) Is enrolled in a program from which he will receive an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board; or
(2) Has received an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the board . [; and
(f) Submits the statement required pursuant to section 22 of this act.]
2. A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 76. Section 32 of this act is hereby amended to read as follows:
Sec. 32. Except as otherwise provided in section 31 of this act, a person may renew his license or certificate by submitting to the board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed in section 34 of this act;
3. Evidence of his completion of the continuing education required by the board; and
4. If the applicant is a certified intern, the name of the licensed counselor who supervises him . [; and
5. The statement required pursuant to section 22 of this act.]
Sec. 77. Section 33 of this act is hereby amended to read as follows:
Sec. 33. 1. A license or certificate that is not renewed on or before the date on which it expires is delinquent. The board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
κ1999 Statutes of Nevada, Page 3077 (Chapter 574, SB 210)κ
send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
2. A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of section 32 of this act and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in section 34 of this act.
3. A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.
4. A license or certificate that has expired may be restored if the applicant:
(a) Submits to the board an application to restore the license or certificate;
(b) [Submits to the board the statement required pursuant to section 22 of this act;
(c)] Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in section 34 of this act;
[(d)] (c) Passes the oral and written examinations prescribed by the board; and
[(e)] (d) Submits to the board evidence of his completion of the continuing education required by the board.
Sec. 77.5. Section 9 of Senate Bill No. 161 of this session is hereby amended to read as follows:
Sec. 9. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. Chief means the chief of the bureau.
6. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. Department means the department of employment, training and rehabilitation.
8. Director means the director of the department.
κ1999 Statutes of Nevada, Page 3078 (Chapter 574, SB 210)κ
9. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
10. Halfway house for alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Sec. 78. NRS 458.360 is hereby repealed.
Sec. 79. Notwithstanding the provisions of sections 2 to 44, inclusive, of this act, a person who engages in the practice of counseling alcohol and drug abusers is not required to be licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this act before July 1, 2001.
Sec. 80. Notwithstanding the provisions of sections 2 to 44, inclusive, of this act, an applicant for:
1. A license as an alcohol and drug abuse counselor must be issued a license by the board of examiners for alcohol and drug abuse counselors if the applicant submits to the board before July 1, 2001:
(a) An application on a form provided by the board;
(b) The application fee prescribed in section 34 of this act;
(c) Proof of his certification as an alcohol and drug abuse counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; and
(d) The statement required pursuant to section 22 of this act unless after October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(1) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(2) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
2. A certificate as an alcohol and drug abuse counselor intern must be issued a certificate by the board of examiners for alcohol and drug abuse counselors if the applicant submits to the board before July 1, 2001:
(a) An application on a form provided by the board;
(b) The application fee prescribed in section 34 of this act;
(c) Proof of his certification as an intern counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; and
(d) The statement required pursuant to section 22 of this act unless after October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses or certificates of persons who:
κ1999 Statutes of Nevada, Page 3079 (Chapter 574, SB 210)κ
suspend, or to restrict the use of professional, occupational and recreational licenses or certificates of persons who:
(1) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(2) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
Sec. 81. Notwithstanding the provisions of section 14 of this act, each alcohol and drug abuse counselor who is appointed to the board of examiners for alcohol and drug abuse counselors created pursuant to section 14 of this act to an initial term must be eligible for a license or certificate as an alcohol and drug abuse counselor but need not be licensed or certified pursuant to this chapter at the time he is appointed to the board.
Sec. 82. As soon as practicable after October 1, 1999, the governor shall appoint to the board of examiners for alcohol and drug abuse counselors:
1. One member whose term expires on September 30, 2001.
2. Two members whose terms expire on September 30, 2002.
3. Two members whose terms expire on September 30, 2003.
Sec. 83. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
Sec. 84. 1. This section and sections 1 to 57, inclusive, 59 to 72, inclusive, and 78 to 83, inclusive, of this act become effective on October 1, 1999.
2. Section 77.5 of this act becomes effective on January 1, 2000.
3. Sections 57.5 to 58.6, inclusive, of this act become effective on July 1, 2001.
4. Sections 73 to 77, inclusive, of this act, become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
5. Sections 21, 22 and 43 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the stat