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ê2001 Statutes of Nevada, Page 2645ê
Senate Bill No. 494–Committee on Finance
CHAPTER 521
AN ACT relating to nuclear waste; creating the Nevada protection account in the state general fund; providing that the account be used to protect the State of Nevada and its residents through funding activities to prevent the location of a federal nuclear waste repository at Yucca Mountain; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the Nevada protection account in the state general fund.
2. The money in the account must be used to protect the State of Nevada and its residents through funding activities to prevent the location of a federal nuclear waste repository at Yucca Mountain.
3. The account must be administered by the governor, who may:
(a) Apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the account; and
(b) Expend any money received pursuant to paragraph (a) in accordance with subsection 2.
4. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
5. The money in the account must remain in the account and does not revert to the state general fund at the end of any fiscal year.
Sec. 2. There is hereby appropriated from the state general fund to the Nevada protection account created pursuant to section 1 of this act the sum of $4,000,000 to protect the State of Nevada and its residents through funding activities to prevent the location of a federal nuclear waste repository at Yucca Mountain.
Sec. 3. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2646ê
Senate Bill No. 498–Committee on Finance
CHAPTER 522
AN ACT relating to state financial administration; revising the authorized uses of an appropriation made in the previous session to the Lincoln County School District for the construction of an elementary school; changing the date of the reversion of the appropriation; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Sections 1 and 2 of chapter 511, Statutes of Nevada 1999, at page 2614, are hereby amended to read respectively as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the Lincoln County School District the sum of $1,000,000 for the construction of an elementary school to replace a school building that has been found unsafe, structurally unsound and unsuitable for continued use as a school [.] and for the construction and furnishing of a high school.
2. The appropriation made by subsection 1 is contingent upon a determination by the State Board of Examiners that:
(a) The total ad valorem tax levy upon property within the Lincoln County School District for all public purposes is not less than the maximum authorized pursuant to NRS 361.453;
(b) The taxable value of the taxable property within the Lincoln County School District is decreasing; and
(c) Based upon the written conclusions of appropriately licensed experts, the acquisition, construction or repair of school facilities is necessary to alleviate a substantial risk to the public safety.
3. On or before January 15, [2001,] 2003, the Lincoln County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau a final report of expenditures of the appropriation made by subsection 1.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2001,] 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2647ê
Senate Bill No. 500–Committee on Finance
CHAPTER 523
AN ACT relating to the University Securities Law; authorizing the board of regents of the University of Nevada to delegate its authority concerning the sale of securities; authorizing variable rates of interest on securities; authorizing the investment of pledged revenues and the proceeds of securities in certain investment contracts; authorizing agreements for an exchange of interest rates; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The board may, before any sale of securities, whether by competitive bid or negotiated sale, delegate to the chancellor of the university or the vice chancellor for finance of the university the authority to sign a contract for the purchase of the securities or to accept a binding bid for the securities subject to the requirements specified by the board concerning:
(a) The rate of interest on the securities;
(b) The dates on which and the prices at which the securities may be called for redemption before maturity;
(c) The price at which the securities will be sold; and
(d) The principal amount of the securities and the amount of principal maturing in any particular year.
2. All terms of the securities other than:
(a) The rate of interest;
(b) The dates and prices for the redemption of the securities;
(c) The price for the sale of the securities;
(d) The principal amount of the securities; and
(e) The requirements for the principal maturing in particular years,
must be approved by the board before the securities are delivered.
3. The final rate of interest, dates and prices of redemption, price for the sale of the securities, principal amount and the requirements for the principal amount maturing in particular years are not required to be approved by the board if each of those terms complies with the requirements specified by the board before the contract for the purchase of the securities is signed or the bid for the securities is accepted.
Sec. 3. 1. The resolution authorizing the issuance of any securities or any trust indenture or other instrument appertaining thereto may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent according to the procedure specified in that resolution or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. The board may contract with or select any person to make that determination.
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ê2001 Statutes of Nevada, Page 2648 (Chapter 523, SB 500)ê
2. The board may enter into an agreement with a third party for an assurance of payment of the principal of, the interest on, or premiums, if any, due in connection with any securities issued by the board. The obligation of the board to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the resolution authorizing the issuance of those securities or any other instrument appertaining thereto. The board may assign its rights under that agreement.
3. In fixing the rate or rates of interest for securities pursuant to subsection 1 or the rate or rates of interest imposed on the board for reimbursement of any advances made under an agreement pursuant to subsection 2, the board is not subject to any limitations on rates of interest provided by statute, including, without limitation, NRS 396.852. The resolution fixing that rate or rates of interest must contain the findings of the board that the procedure specified therein for determining that rate or rates is reasonable under existing or anticipated conditions in the market and is necessary and advisable for marketing the securities. These findings are conclusive. This section does not prohibit the board from fixing a maximum rate of interest.
Sec. 4. In addition to the investments permitted by NRS 396.861, the board, subject to any contractual limitations from time to time imposed upon the university by any resolution authorizing the issuance of outstanding securities or by any trust indenture or other proceedings appertaining thereto, may cause to be invested and reinvested, except as otherwise provided in NRS 396.876, any pledged revenues and any proceeds of securities issued hereunder in an investment contract that is collateralized with securities issued by the Federal Government or agencies of the Federal Government if:
1. The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;
2. The university receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the university or its trustee by a third-party agent of the university which is a commercial bank authorized to exercise trust powers;
3. The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subsection 1 is not met, sufficient additional collateral is deposited with the agent of the university to meet that ratio within 2 business days after the determination; and
4. The party with whom the investment contract is executed is a commercial bank, or that party or a guarantor of the performance of that party is:
(a) An insurance company which has a rating on its ability to pay claims of not less than “Aa2” by Moody’s Investors Service, Inc., or “AA” by Standard and Poor’s Ratings Services, or their equivalent; or
(b) An entity which has a credit rating on its outstanding long-term debt of not less than “A2” by Moody’s Investors Service, Inc., or “A” by Standard and Poor’s Ratings Services, or their equivalent.
Sec. 5. 1. The university, in connection with securities it has issued or proposes to issue, may enter into an agreement for an exchange of interest rates as provided in this section if the board finds that such an agreement would be in the best interests of the university.
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ê2001 Statutes of Nevada, Page 2649 (Chapter 523, SB 500)ê
2. The university may enter into an agreement to exchange interest rates only if:
(a) The long-term debt obligations of the person with whom the university enters the agreement are rated “A” or better by a nationally recognized rating agency; or
(b) The obligations pursuant to the agreement of the person with whom the university enters the agreement are either:
(1) Guaranteed by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency; or
(2) Collateralized by obligations deposited with the university or an agent of the university which would be legal investments for the state pursuant to NRS 355.140 and which have a market value at the time the agreement is made of not less than 100 percent of the principal amount upon which the exchange of interest rates is based.
3. The university may agree, with respect to securities that the university has issued or proposes to issue bearing interest at a variable rate, to pay sums equal to interest at a fixed rate or rates or at a different variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the principal amount of the securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a variable rate determined pursuant to a formula set forth in the agreement.
4. The university may agree, with respect to securities that the university has issued or proposes to issue bearing interest at a fixed rate or rates, to pay sums equal to interest at a variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the outstanding principal amount of the securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a fixed rate or rates set forth in the agreement.
5. The term of an agreement entered into pursuant to this section must not exceed the term of the securities with respect to which the agreement was made.
6. The university’s obligations to make payments under the agreement may be secured by any of the pledged revenues that are pledged to the securities in connection with the agreement as executed, so long as the pledge does not violate the terms of any resolution or other instrument appertaining to outstanding securities issued hereunder.
7. Limitations upon the rate of interest on securities do not apply to interest paid pursuant to an agreement entered into pursuant to this section.
8. If the university has entered into an agreement pursuant to this section with respect to those securities, it may treat the amount or rate of interest on the securities as the amount or rate of interest payable after giving effect to the agreement for the purpose of calculating:
(a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay the securities;
(b) Statutory requirements concerning revenue coverage that are applicable to the securities; and
(c) Any other amounts which are based upon the rate of interest of the securities.
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ê2001 Statutes of Nevada, Page 2650 (Chapter 523, SB 500)ê
9. Subject to covenants applicable to the securities, any payments required to be made by the university under the agreement may be made from pledged revenues that are pledged to pay debt service on the securities with respect to which the agreement was made or from any other legally available source.
Sec. 6. NRS 396.809 is hereby amended to read as follows:
396.809 NRS 396.809 to 396.885, inclusive, [shall] and sections 2 to 5, inclusive, of this act may be known as the University Securities Law.
Sec. 7. This act becomes effective on July 1, 2001.
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Senate Bill No. 572–Senators Titus, Wiener, Mathews, Coffin, Carlton, Care, Neal, Schneider and Shaffer
CHAPTER 524
AN ACT relating to public safety; providing immunity from civil liability for any person who reports certain threats of violence against a school official, school employee or pupil; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
2. The provisions of this section do not apply to a person who:
(a) Is acting in his professional or occupational capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220.
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) “School employee” means a licensed or unlicensed person who is employed by:
(1) A board of trustees of a school district pursuant to NRS 391.100; or
(2) The governing body of a charter school.
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ê2001 Statutes of Nevada, Page 2651 (Chapter 524, SB 572)ê
(c) “School official” means:
(1) A member of the board of trustees of a school district.
(2) A member of the governing body of a charter school.
(3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.
(d) “Teacher” means a person employed by the:
(1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.
(2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.
Sec. 2. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
2. The provisions of this section do not apply to a person who:
(a) Is acting in his professional or occupational capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220.
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) “School employee” means a licensed or unlicensed person, other than a school official, who is employed by a private school.
(c) “School official” means:
(1) An owner of a private school.
(2) A director of a private school.
(3) A supervisor at a private school.
(4) An administrator at a private school.
(d) “Teacher” means a person employed by a private school to provide instruction and other educational services to pupils enrolled in the private school.
Sec. 3. The immunity from civil liability provided by sections 1 and 2 of this act applies to reports of threats of violence that are made on or after the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2652ê
Senate Bill No. 573–Committee on Finance
CHAPTER 525
AN ACT relating to the office of the governor; transferring the office for hospital patients from the department of business and industry to the office of the governor; creating the bureau for hospital patients within the office for consumer health assistance in the office of the governor; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The bureau for hospital patients is hereby created within the office for consumer health assistance in the office of the governor.
2. The director:
(a) Is responsible for the operation of the bureau, which must be easily accessible to the clientele of the bureau.
(b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the bureau. The employees of the bureau are in the unclassified service of the state.
(c) Shall submit a written report quarterly to the governor and the legislative committee on health care concerning the activities of the bureau, including, without limitation, the number of complaints received by the bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the director and the outcome of the mediation, arbitration or alternative means of dispute resolution.
3. The director may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The director may decline to hear a case that in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The director may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:
(a) The accuracy or amount of charges billed to a patient;
(b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and
(c) Such other matters related to the charges for care provided to a patient as the director determines appropriate for arbitration, mediation or other alternative means of dispute resolution.
4. The decision of the director is a final decision for the purpose of judicial review.
5. Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the bureau. On or before July 15 of each year, the director shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.
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ê2001 Statutes of Nevada, Page 2653 (Chapter 525, SB 573)ê
6. The total amount assessed pursuant to subsection 5 for a fiscal year must be $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.
7. The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.
Sec. 2. NRS 223.500 is hereby amended to read as follows:
223.500 As used in NRS 223.500 to 223.580, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 223.510, 223.520 and 223.530 have the meanings ascribed to them in those sections.
Sec. 3. NRS 223.540 is hereby amended to read as follows:
223.540 The provisions of NRS 223.085 do not apply to the provisions of NRS 223.500 to 223.580, inclusive [.] , and section 1 of this act.
Sec. 4. NRS 223.550 is hereby amended to read as follows:
223.550 1. The office for consumer health assistance is hereby established in the office of the governor. The governor shall appoint the director. The director must:
(a) Be:
(1) A physician, as that term is defined in NRS 0.040;
(2) A registered nurse, as that term is defined in NRS 632.019;
(3) An advanced practitioner of nursing, as that term is defined in NRS 453.023; or
(4) A physician assistant, as that term is defined in NRS 630.015; and
(b) Have expertise and experience in the field of advocacy.
2. The cost of carrying out the provisions of NRS 223.500 to 223.580, inclusive, and section 1 of this act must be paid as follows:
(a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers’ compensation must be paid from the assessments levied pursuant to NRS 232.680.
(b) That portion of the cost related to the operation of the bureau for hospital patients created pursuant to section 1 of this act must be paid from the assessments levied pursuant to that section.
(c) The remaining cost must be provided by direct legislative appropriation from the state general fund and be paid out on claims as other claims against the state are paid.
Sec. 5. NRS 223.570 is hereby amended to read as follows:
223.570 1. The director may:
(a) Within the limits of available money, employ:
(1) Such persons in the unclassified service of the state as he determines to be necessary to carry out the provisions of NRS [223.500 to 223.580, inclusive,] 223.560 and 223.580 and this section, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.
(2) Such additional personnel as may be required to carry out the provisions of NRS [223.500 to 223.580, inclusive,] 223.560 and 223.580 and this section, who must be in the classified service of the state.
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ê2001 Statutes of Nevada, Page 2654 (Chapter 525, SB 573)ê
A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the director employs him.
(b) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans and policies of industrial insurance as he determines to be necessary to carry out the provisions of NRS [223.500 to 223.580, inclusive.] 223.560 and 223.580 and this section.
(c) Adopt such regulations as he determines to be necessary to carry out the provisions of NRS [223.500 to 223.580, inclusive.] 223.560 and 223.580 and this section.
2. The director and his employees shall not have any conflict of interest relating to the performance of their duties pursuant to NRS [223.500 to 223.580, inclusive.] 223.560 and 223.580 and this section. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the director or employee, or any person affiliated with the director or employee:
(a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;
(b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;
(c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or
(d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.
Sec. 6. NRS 439B.260 is hereby amended to read as follows:
439B.260 1. A major hospital shall reduce or discount the total billed charge by at least 30 percent for hospital services provided to an inpatient who:
(a) Has no insurance or other contractual provision for the payment of the charge by a third party;
(b) Is not eligible for coverage by a state or federal program of public assistance that would provide for the payment of the charge; and
(c) Makes reasonable arrangements within 30 days after discharge to pay his hospital bill.
2. A major hospital or patient who disputes the reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 may submit the dispute to the [office] bureau for hospital patients for resolution as provided in [NRS 232.543.] section 1 of this act.
3. A major hospital shall reduce or discount the total billed charge of its outpatient pharmacy by at least 30 percent to a patient who is eligible for Medicare.
Sec. 7. NRS 232.543 is hereby repealed.
Sec. 8. 1. This section and sections 1, 2, 3, 5, 6 and 7 of this act become effective on July 1, 2001.
2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 2001.
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ê2001 Statutes of Nevada, Page 2655ê
Senate Bill No. 574–Committee on Finance
CHAPTER 526
AN ACT relating to property; transferring the responsibility for administering the program for property tax assistance for senior citizens from the department of taxation to the aging services division of the department of human resources; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.2725 is hereby amended to read as follows:
422.2725 1. The director shall include in the state plan for Medicaid a requirement that any senior citizen who purchases and receives benefits for at least 3 years pursuant to a policy of health insurance for long-term care that is approved by the director and whose annual household income is less than $200,000 is eligible for Medicaid for long-term care.
2. As used in this section:
(a) “Household income” has the meaning ascribed to it in [NRS 361.820.] section 9 of this act.
(b) “Senior citizen” means a person who is domiciled in this state and is 55 years of age or older.
Sec. 2. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 33, inclusive, of this act.
Sec. 3. 1. The legislature finds that:
(a) Many senior citizens of this state live on limited incomes that remain fixed while property taxes and other costs continually rise.
(b) The erosion of the income of senior citizens in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving an insufficient amount of money for other things essential to their well-being.
(d) Many senior citizens who rent their homes or lots for mobile homes also pay an excessive portion of their income for property taxes through rental payments.
2. The legislature therefore declares that:
(a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive burden of taxes or rent on residential property in relation to income.
(b) The purpose of the provisions of sections 3 to 33, inclusive, of this act is to provide relief to eligible senior citizens, through a system of refunds for property taxes or rent from the senior citizens’ property tax assistance account.
Sec. 4. As used in sections 3 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 14, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 5. “Claim” means an application for property tax assistance filed pursuant to section 19 of this act.
Sec. 6. “Claimant” means a person who files a claim.
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ê2001 Statutes of Nevada, Page 2656 (Chapter 526, SB 574)ê
Sec. 7. 1. “Home” means residential living quarters located in this state. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 2 acres, and any outbuildings and facilities reasonably necessary for use of the unit as residential living quarters.
2. The term includes:
(a) A mobile or manufactured home.
(b) A home, mobile or manufactured home or dwelling that the claimant possesses under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.
(c) A residential facility for groups required to be licensed by the health division of the department of human resources pursuant to NRS 449.001 to 449.240, inclusive.
(d) A dwelling within any housing project which has been established pursuant to chapter 315 of NRS and for which the housing authority makes payments in lieu of taxes.
3. The term does not include any part of the building or land which is not used as living quarters by the claimant and spouse and which produces income for the claimant or spouse, if the residential living quarters are part of a multipurpose building.
Sec. 8. “Household” means a claimant and spouse.
Sec. 9. “Household income” means the income received by a claimant and the spouse of the claimant.
Sec. 10. “Income” means adjusted gross income, as defined in the Internal Revenue Code, and includes:
1. Tax-free interest;
2. The untaxed portion of a pension or annuity;
3. Railroad retirement benefits;
4. Veterans’ pensions and compensation;
5. Payments received pursuant to the federal Social Security Act, including supplemental security income, but excluding hospital and medical insurance benefits for the aged and disabled;
6. Public welfare payments, including allowances for shelter;
7. Unemployment insurance benefits;
8. Payments for lost time;
9. Payments received from disability insurance;
10. Disability payments received pursuant to workers’ compensation insurance;
11. Alimony;
12. Support payments;
13. Allowances received by dependents of servicemen;
14. The amount of recognized capital gains and losses excluded from adjusted gross income;
15. Life insurance proceeds in excess of $5,000;
16. Bequests and inheritances; and
17. Gifts of cash of more than $300 not between household members and such other kinds of cash received by a household as the division specifies by regulation.
Sec. 11. “Lot” means a portion of land that is rented to accommodate a mobile or manufactured home owned or rented by the claimant.
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ê2001 Statutes of Nevada, Page 2657 (Chapter 526, SB 574)ê
Sec. 12. “Property taxes accrued” means property taxes, excluding special assessments, delinquent taxes and interest, levied on a claimant’s home in this state which are due during August, immediately preceding the date of filing of a claim. If a home is owned by two or more persons or entities as joint tenants or tenants in common and one or more persons or entities are not members of the claimant’s household, property taxes accrued is that part of the property taxes levied on the home which reflects the percentage of the residential space occupied by the claimant and his household.
Sec. 13. “Rent” means the payment a claimant has made under a bona fide tenancy or leasing agreement solely for the right to occupy a home or lot during the calendar year immediately preceding the filing of his claim. The term does not include any amount paid for utilities, fuel, furnishings, food, nursing services or institutional care.
Sec. 14. “Senior citizen” means any person who is domiciled in this state and will attain the age of 62 years on or before the last day in June immediately succeeding the filing period.
Sec. 15. For the purposes of section 6 of this act, if two members of a household meet the qualifications for a claimant, the members may determine between themselves who will be the claimant. If they are unable to agree, the matter must be referred to the administrator and his decision is final. Only one claim may be filed for any household.
Sec. 16. 1. A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned the home and maintained it as his primary residence since July 1 immediately preceding the filing of his claim and whose household income is within one of the income ranges for which assistance is provided pursuant to this subsection is entitled to a refund of the property tax accrued against his home to the extent determined by the percentage indicated opposite his household income range on the following schedule, as that income range is adjusted pursuant to subsection 3:
PERCENT TAX
Percent of
INCOME RANGE Claimant’s
If the Amount of Property Tax
Applicant’s Household But Not Accrued Allowable
Income Is Over Over as Assistance Is
$0 — $12,700 90
12,700 — 14,800 80
14,800 — 17,000 50
17,000 — 19,100 25
19,100 — 21,500 10
2. The amount of the refund must not exceed the amount of the accrued property tax or $500, whichever is less.
3. The monetary amounts shown for each income range in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 1997, to the December preceding the fiscal year for which the adjustment is calculated.
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ê2001 Statutes of Nevada, Page 2658 (Chapter 526, SB 574)ê
Sec. 17. 1. A senior citizen who has rented and maintained his primary residence in a home or on a lot since July 1 of the preceding calendar year and whose household income is within one of the income ranges for which assistance is provided in section 16 of this act is entitled to a refund as determined in accordance with the schedule of income ranges as adjusted pursuant to that section.
2. The amount of the refund provided pursuant to subsection 1 must not exceed an amount equal to that portion of the rent which is rent deemed to constitute accrued property tax, even if the rental property is exempt from property tax.
Sec. 18. Rent deemed to constitute accrued property tax is 8.5 percent of the total annual rent which a claimant has paid.
Sec. 19. 1. A claim may be filed with the assessor of the county in which the claimant’s home or mobile home lot is located not earlier than February 1 and not later than April 15.
2. The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the division may prescribe.
3. The division or county assessor shall provide the appropriate form to each claimant.
4. The county assessor shall, within 30 days after receiving a claim for a refund:
(a) Process the application;
(b) Determine the assessed valuation of the property to which the claim applies, if applicable; and
(c) Submit the claim to the division.
5. The division shall not accept a claim submitted pursuant to subsection 4 after July 1.
Sec. 20. 1. The division shall examine each claim, granting or denying it, and if granted, shall determine the refund to which the claimant is entitled.
2. Upon examination, if:
(a) The claim is denied, the division shall so notify the claimant by first-class mail.
(b) The claim is granted, the division shall pay the refund to the claimant not later than August 15.
Sec. 21. No claim may be accepted by the division if the claimant or spouse of the claimant owns real property in this state, other than that claimed as a home, which has an assessed value of more $30,000.
Sec. 22. 1. A person may receive assistance pursuant to the provisions of sections 3 to 33, inclusive, of this act while receiving a property tax exemption as a widow, blind person or veteran if the person has filed a claim for the exemption with the county assessor.
2. The assessed valuation of any property used to determine a refund pursuant to the provisions of sections 3 to 33, inclusive, of this act must be reduced by the amount of such an exemption.
Sec. 23. If the division determines that an audit of claims is required to determine whether a county assessor accurately processed claims and if employees of the division are not capable of auditing a sufficient number of the claims, the division may expend not more than $20,000 of the money in the senior citizens’ property tax assistance account to contract with qualified persons to assist in conducting the audit.
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ê2001 Statutes of Nevada, Page 2659 (Chapter 526, SB 574)ê
Sec. 24. Only one member of each household may file a claim in any tax year. If more than one member is eligible to claim a refund, any one of the eligible members may file the claim with the written consent of the others. If such consent is not obtainable, the claim may be filed only if criteria regulating such a circumstance have been prescribed by the division.
Sec. 25. The right to file a claim pursuant to the provisions of sections 3 to 33, inclusive, of this act is personal to the claimant and does not survive his death, except the right may be exercised on his behalf by his legal guardian or attorney in fact. If a claimant dies after having filed a timely claim, any assistance provided pursuant to the provisions of sections 3 to 33, inclusive, of this act inures to the benefit of his heirs or his executor or administrator, if one is appointed by a court of competent jurisdiction within 6 months after the claim is made. If no executor or administrator is so appointed, the claim and all benefits thereunder lapse.
Sec. 26. Any grant of assistance under an improper claim may be revoked by the county assessor or division within 2 years after the filing of the claim. If a grant is revoked, the claimant shall make restitution to the State of Nevada or the county for any assistance he has received pursuant to the improper claim, and the State of Nevada or the county shall take all proper action to collect the amount of the assistance as a debt.
Sec. 27. A claim must be disallowed if the administrator finds that the claimant received title to his home primarily to obtain benefits pursuant to the provisions of sections 3 to 33, inclusive, of this act. If such a claimant has received a refund and does not repay it together with a 10 percent penalty to the division, the amount of the refund and penalty must be assessed against the property claimed as his home.
Sec. 28. The administrator shall deny any claim for assistance to which the claimant is not entitled or any amount in excess of that to which the claimant is entitled. The administrator may deny in total any claim which he finds to have been filed with fraudulent intent. If any such claim has been paid and is afterward denied, the amount of the claim together with a 10 percent penalty must be repaid by the claimant to the division. If the amount of the refund and penalty is not repaid, the amount must be assessed against any real or personal property owned by the claimant.
Sec. 29. Any person who willfully makes a materially false statement or uses any other fraudulent device to secure for himself or any other person the assistance provided pursuant to the provisions of sections 3 to 33, inclusive, of this act is guilty of a gross misdemeanor.
Sec. 30. 1. Any claimant aggrieved by a decision of the administrator or a county assessor which denies the refund claimed pursuant to the provisions of sections 3 to 33, inclusive, of this act may have a review of the denial before the director if, within 30 days after the claimant receives notice of the denial, he submits a written petition for review to the director.
2. Any claimant aggrieved by the denial in whole or in part of relief claimed pursuant to the provisions of sections 3 to 33, inclusive, of this act or by any other final action or review of the director, is entitled to judicial review thereof.
Sec. 31. 1. The division is responsible for the administration of the provisions of sections 3 to 33, inclusive, of this act.
2. The division may:
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ê2001 Statutes of Nevada, Page 2660 (Chapter 526, SB 574)ê
(a) Specify by regulation any other kind of income for the purposes of section 10 of this act.
(b) Prescribe the content and form of claims and approve any form used by a county assessor.
(c) Designate the proof required for substantiation of claims.
(d) Establish criteria for determining the circumstances under which a claim may be filed by one of two eligible spouses without the consent of the other spouse.
(e) Prescribe that a claimant’s ownership of his home must be shown of record.
(f) Provide by regulation that a vendee in possession of his home under an installment sale contract and responsible for paying the property taxes on the home is eligible to claim assistance as a homeowner.
(g) Limit the computation of benefits to the nearest dollar and limit issuance of warrants to $5 or more.
(h) Verify and audit any claims, statements or other records made pursuant to the provisions of sections 3 to 33, inclusive, of this act.
(i) Adopt regulations to ensure the confidentiality of information provided by claimants.
(j) Provide by regulation for a limited extension of time to file a claim in cases of hardship.
(k) Adopt such other regulations as may be required to carry out the provisions of sections 3 to 33, inclusive, of this act.
Sec. 32. 1. Money to pay for assistance granted to senior citizens pursuant to the provisions of sections 3 to 33, inclusive, of this act must be provided by legislative appropriation from the state general fund. The money so appropriated must be transferred to the senior citizens’ property tax assistance account in the state general fund.
2. The administrator may, from time to time, obtain from the state controller a statement of the balance in the senior citizens’ property tax assistance account. The administrator shall provide for full refunds of all just claims if the total amount of the claims does not exceed the balance in the account. The administrator shall proportionately reduce each claim if the total amount of all claims exceeds that balance.
3. Money for the administration of the provisions of sections 3 to 33, inclusive, of this act must be provided by legislative appropriation to the senior citizens’ property tax assistance account. From this account the sum of $4 must be allowed for each claim which is received by the county assessor and submitted to the division.
4. All claims against the senior citizens’ property tax assistance account must be certified by the administrator and, if certified and approved by the state board of examiners, the state controller shall draw his warrant against the account.
5. Any money remaining in the senior citizens’ property tax assistance account at the end of the fiscal year must remain in the account and is available for use in the following fiscal year.
Sec. 33. Except as otherwise provided by specific statute, no person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of the provisions of sections 3 to 33, inclusive, of this act.
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ê2001 Statutes of Nevada, Page 2661 (Chapter 526, SB 574)ê
Sec. 34. NRS 439.640 is hereby amended to read as follows:
439.640 “Household income” has the meaning ascribed to it in [NRS 361.820.] section 9 of this act.
Sec. 35. NRS 439.645 is hereby amended to read as follows:
439.645 “Income” has the meaning ascribed to it in [NRS 361.823.] section 10 of this act.
Sec. 36. NRS 439.660 is hereby amended to read as follows:
439.660 The department of human resources shall, in cooperation with the department of taxation and the various counties in this state:
1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to [NRS 361.800 to 361.877, inclusive,] sections 3 to 33, inclusive, of this act and 439.635 to 439.690, inclusive;
2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the department of human resources, the department of taxation and the various counties in this state to carry out the provisions of [NRS 361.800 to 361.877, inclusive,] sections 3 to 33, inclusive, of this act and 439.635 to 439.690, inclusive.
Sec. 37. NRS 361.800, 361.803, 361.805, 361.810, 361.815, 361.817, 361.820, 361.823, 361.824, 361.825, 361.827, 361.832, 361.833, 361.835, 361.836, 361.838, 361.841, 361.845, 361.850, 361.859, 361.860, 361.861, 361.864, 361.865, 361.867, 361.868, 361.870, 361.873, 361.874 and 361.877 are hereby repealed.
Sec. 38. Any regulation adopted by the Nevada tax commission pursuant to NRS 360.090 or 360.093 or the department of taxation pursuant to NRS 361.873 remains in effect as a regulation of the aging services division of the department of human resources until amended or repealed by the division.
Sec. 39. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
________
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ê2001 Statutes of Nevada, Page 2662ê
Senate Bill No. 579–Committee on Finance
CHAPTER 527
AN ACT relating to the legislature; revising the provisions governing the compensation of certain legislative employees; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 1. Except as otherwise provided in this section, there must be paid to the employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following [sums] base amounts of money for each day’s employment [and no more:
Senate
Assistant secretary......................................................................................................................................................................... $111
Front desk assistant.......................................................................................................................................................................... 103
History clerk...................................................................................................................................................................................... 103
Journal clerk...................................................................................................................................................................................... 103
Media clerk........................................................................................................................................................................................ 103
Recording clerk................................................................................................................................................................................. 103
Sergeant at arms............................................................................................................................................................................... 105
Deputy sergeant at arms.................................................................................................................................................................... 90
Assistant sergeant at arms................................................................................................................................................................. 84
Clerical services administrator....................................................................................................................................................... 105
Executive assistant........................................................................................................................................................................... 103
Executive secretary............................................................................................................................................................................ 98
Leadership receptionist...................................................................................................................................................................... 90
Senior secretary................................................................................................................................................................................... 90
Secretary............................................................................................................................................................................................... 82
Senior committee manager............................................................................................................................................................. 103
Committee manager.......................................................................................................................................................................... 98
Committee minutes coordinator...................................................................................................................................................... 98
Finance committee secretary......................................................................................................................................................... 101
Senior committee secretary............................................................................................................................................................... 98
Committee secretary.......................................................................................................................................................................... 90
Word processing clerk........................................................................................................................................................................ 69
Copy room coordinator..................................................................................................................................................................... 82
Senior proofreader.............................................................................................................................................................................. 98
Proofreader.......................................................................................................................................................................................... 90
Bill services administrator................................................................................................................................................................. 82
Assistant bill services administrator................................................................................................................................................. 75
Bill services clerk................................................................................................................................................................................. 61
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ê2001 Statutes of Nevada, Page 2663 (Chapter 527, SB 579)ê
Assembly
Assistant chief clerk....................................................................................................................................................................... $111
Document clerk................................................................................................................................................................................. 103
History clerk...................................................................................................................................................................................... 103
Journal clerk...................................................................................................................................................................................... 103
Media clerk........................................................................................................................................................................................ 103
Recording clerk................................................................................................................................................................................. 103
Sergeant at arms............................................................................................................................................................................... 105
Deputy sergeant at arms.................................................................................................................................................................... 90
Assistant sergeant at arms................................................................................................................................................................. 84
Senior page........................................................................................................................................................................................... 77
Page....................................................................................................................................................................................................... 61
Supervisor of bill services ................................................................................................................................................................. 82
Assistant supervisor of bill services.................................................................................................................................................. 75
Bill services clerk................................................................................................................................................................................. 61
Supervisor of clerical services......................................................................................................................................................... 105
Executive assistant........................................................................................................................................................................... 103
Senior committee manager............................................................................................................................................................. 103
Committee manager.......................................................................................................................................................................... 98
Ways and means committee secretary........................................................................................................................................ 101
Senior committee secretary............................................................................................................................................................... 98
Committee secretary.......................................................................................................................................................................... 90
Executive secretary............................................................................................................................................................................ 98
Senior secretary................................................................................................................................................................................... 90
Secretary............................................................................................................................................................................................... 82
Word processing clerk........................................................................................................................................................................ 69
Copy room coordinator................................................................................................................................................................. 82] :
Assistant secretary/Assistant chief clerk.................................................................................................................................. $111
Document clerk................................................................................................................................................................................ 105
History clerk..................................................................................................................................................................................... 105
Journal clerk.................................................................................................................................................................................... 105
Media clerk....................................................................................................................................................................................... 105
Recording clerk................................................................................................................................................................................ 105
Sergeant at arms.............................................................................................................................................................................. 105
Deputy/Senior sergeant at arms...................................................................................................................................................... 90
Assistant sergeant at arms................................................................................................................................................................ 84
Senior page.......................................................................................................................................................................................... 77
Page/Student....................................................................................................................................................................................... 61
Clerical services administrator/Supervisor of clerical services............................................................................................. 111
Executive assistant.......................................................................................................................................................................... 103
Executive secretary............................................................................................................................................................................ 98
Leadership receptionist.................................................................................................................................................................... 90
Senior secretary.................................................................................................................................................................................. 90
Secretary.............................................................................................................................................................................................. 84
Senior committee manager............................................................................................................................................................ 103
Committee manager.......................................................................................................................................................................... 98
Lead committee secretary.............................................................................................................................................................. 103
Secretary for Senate Committee on Finance or Assembly Committee on Ways and Means........................................... 101
Senior committee secretary.............................................................................................................................................................. 98
Committee secretary.......................................................................................................................................................................... 90
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2664 (Chapter 527, SB 579)ê
Senior proofreader............................................................................................................................................................................. 98
Proofreader......................................................................................................................................................................................... 90
Committee minutes coordinator..................................................................................................................................................... 98
Data entry technician........................................................................................................................................................................ 82
Word processing clerk...................................................................................................................................................................... 69
Reproduction services supervisor................................................................................................................................................... 90
Bill services administrator/Supervisor of bill services............................................................................................................... 82
Assistant bill services administrator/Supervisor of bill services.............................................................................................. 75
Bill services clerk............................................................................................................................................................................... 61
2. In addition to the positions listed in subsection 1, the secretary of the senate and the chief clerk of the assembly may establish additional positions as necessary and shall establish an appropriate base amount for those additional positions.
3. The base amount paid to an employee of the legislature listed in subsection 1 or created pursuant to subsection 2:
(a) Must be increased cumulatively by each cost of living increase granted to employees in the classified service of the state that becomes effective on or after July 1, 2001; and
(b) May be increased cumulatively by the secretary of the senate or the chief clerk of the assembly, as applicable, by one step of 5 percent for each regular legislative session during which the employee previously worked for the legislature in the same or a similar position, not to exceed nine steps per position, if the secretary of the senate or the chief clerk of the assembly determined that the employee performed his duties in a satisfactory manner during the previous session or sessions.
4. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the base amount specified in subsection 1 for each day of service [.
3.] , as adjusted pursuant to subsection 3, if applicable.
5. During periods before the commencement of a session and after the adjournment of a session sine die, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1 [.] , as applicable, and are entitled to be compensated for overtime in the same manner as provided for employees of the legislative counsel bureau.
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ê2001 Statutes of Nevada, Page 2665ê
Senate Bill No. 581–Committee on Finance
CHAPTER 528
AN ACT making a supplemental appropriation to the Western Interstate Commission for Higher Education for a projected shortfall in the personnel services category; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Western Interstate Commission for Higher Education the sum of $6,000 for a projected shortfall in the personnel services category. This appropriation is supplemental to that made by section 17 of chapter 571, Statutes of Nevada 1999, at page 2980.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 539–Committee on Human Resources and Facilities
CHAPTER 529
AN ACT relating to the fund for a healthy Nevada; providing that a portion of the money in the fund may be used to pay certain administrative costs incurred by the state treasurer and the department of human resources; providing for the appointment and terms of office of certain officers of the task force; revising the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; directing the development of an additional subsidized state program to provide prescription drugs and pharmaceutical services to senior citizens with low incomes and repealing the existing insurance-based program under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Household income” has the meaning ascribed to it in NRS 361.820.
Sec. 4. “Income” has the meaning ascribed to it in NRS 361.823.
Sec. 5. “Senior citizen” means a person who is domiciled in this state and is 62 years of age or older.
Sec. 6. The department is responsible for the administration of the provisions of sections 2 to 10, inclusive, of this act and may:
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ê2001 Statutes of Nevada, Page 2666 (Chapter 529, SB 539)ê
1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to section 9 of this act.
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen requesting a subsidy pursuant to section 9 of this act.
4. Adopt such other regulations as may be required to carry out the provisions of sections 2 to 10, inclusive, of this act.
Sec. 7. The department of human resources shall, in cooperation with the department of taxation and the various counties in this state:
1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act;
2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the department of human resources, the department of taxation and the various counties in this state to carry out the provisions of NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act.
Sec. 8. 1. The department shall, within the limits of the money available for this purpose in the fund for a healthy Nevada, develop and carry out a program for senior citizens to provide prescription drugs and pharmaceutical services to them at a subsidized cost whereby the state will pay the difference between the copayment required by the program and the actual cost of the drug from the pharmacist. The department shall refer to this program as the “Senior Option Program” and cause it to be marketed under that name.
2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who:
(a) Is not eligible for Medicaid; and
(b) Is accepted into the program that is made available pursuant to subsection 1,
is entitled to an annual grant from the trust fund to subsidize a portion of the cost of his prescription drugs and pharmaceutical services if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is less than $21,500.
3. The department may pay its costs for administering this program from the fund for a healthy Nevada and shall include as components of the subsidized program:
(a) A maximum annual application fee of $25.
(b) A requirement that a generic drug be used to fill the prescription, unless the substitution of a generic drug for a drug with a brand name is specifically prohibited by the provider of health care who issued the prescription.
(c) A maximum required copayment for generic drugs of $10 per prescription.
(d) A maximum required copayment for nongeneric drugs of $25 per prescription.
(e) The formulary for the program must be the same formulary as is used for the state plan for Medicaid.
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ê2001 Statutes of Nevada, Page 2667 (Chapter 529, SB 539)ê
(f) The maximum limitation per year on the subsidy each person may receive under this program is $5,000.
(g) Allow persons who are participating in the program to fill their prescriptions by mail.
(h) A maximum of $100 as the amount of deductible expenses that may be required of participants before they are eligible to receive benefits under this program.
(i) The rebates from pharmaceutical manufacturers for drugs purchased through this program must be at least equal to the rebates provided for drugs purchased pursuant to the state plan for Medicaid and must be deposited in the fund for a healthy Nevada to support this program.
(j) A pharmacy benefits manager may be hired by contract to assist in the development and administration of this program, if deemed advisable and fiscally prudent by the department.
(k) The rates negotiated by the department or its representative for the prescription drugs sold by the pharmacies that agree to participate in this program must not be more than the rates charged to the department under the state plan for Medicaid, if not the best and lowest prices available from the pharmacy to any customer.
4. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1, 2 and 3, the department may, upon approval of the legislature, or the interim finance committee if the legislature is not in session, change any program established pursuant to sections 2 to 10, inclusive, of this act and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the fund for a healthy Nevada.
5. The provisions of subsections 1, 2 and 3 do not apply if the department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 4.
6. The department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicant’s household have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based on a significant reduction of income, when considering the applicant’s current financial circumstances.
An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.
Sec. 9. 1. A senior citizen who wishes to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act must file a request therefor with the department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.
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ê2001 Statutes of Nevada, Page 2668 (Chapter 529, SB 539)ê
4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act and pay the subsidy in the manner set forth in the program.
Sec. 10. 1. The department shall deny any request for a subsidy received pursuant to sections 2 to 10, inclusive, of this act to which the senior citizen is not entitled.
2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.
3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada for credit to this program.
Sec. 11. NRS 439.620 is hereby amended to read as follows:
439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:
(a) Shall maintain the financial records of the fund;
(b) Shall invest the money in the fund as the money in other state funds is invested;
(c) Shall manage any account associated with the fund;
(d) Shall maintain any instruments that evidence investments made with the money in the fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the fund.
3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
4. Upon receiving a request from the state treasurer or the department for an allocation for administrative expenses from the fund pursuant to this section, the task force shall consider the request within 45 days after receipt of the request. If the task force approves the amount requested for allocation, the task force shall notify the state treasurer of the allocation. If the task force does not approve the requested allocation within 45 days after receipt of the request, the state treasurer or the department, as applicable, may submit its request for allocation to the interim finance committee. Except as otherwise limited by this subsection, the interim finance committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
(a) Not more than 2 percent of the money in the fund [may be used] , as calculated pursuant to this subsection, each year to pay the costs [of administering] incurred by the state treasurer to administer the fund [.] ; and
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ê2001 Statutes of Nevada, Page 2669 (Chapter 529, SB 539)ê
(b) Not more than 3 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the department, including, without limitation, the aging services division of the department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the state treasurer to be deposited in the fund during that fiscal year.
5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 12. NRS 439.620 is hereby amended to read as follows:
439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:
(a) Shall maintain the financial records of the fund;
(b) Shall invest the money in the fund as the money in other state funds is invested;
(c) Shall manage any account associated with the fund;
(d) Shall maintain any instruments that evidence investments made with the money in the fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the fund.
3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
4. Upon receiving a request from the state treasurer or the department for an allocation for administrative expenses from the fund pursuant to this section, the task force shall consider the request within 45 days after receipt of the request. If the task force approves the amount requested for allocation, the task force shall notify the state treasurer of the allocation. If the task force does not approve the requested allocation within 45 days after receipt of the request, the state treasurer or the department, as applicable, may submit its request for allocation to the interim finance committee. Except as otherwise limited by this subsection, the interim finance committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2670 (Chapter 529, SB 539)ê
administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
(a) Not more than 2 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the state treasurer to administer the fund; and
(b) Not more than 3 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the department, including, without limitation, the aging services division of the department, to carry out its duties set forth in NRS 439.625 [to 439.690, inclusive,] , 439.630, and sections 2 to 10, inclusive, of this act.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the state treasurer to be deposited in the fund during that fiscal year.
5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 13. NRS 439.625 is hereby amended to read as follows:
439.625 1. The task force for the fund for a healthy Nevada is hereby created. The membership of the task force consists of:
(a) Three members appointed by the majority leader of the senate, one of whom must be a senator and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; [and]
(b) Three members appointed by the speaker of the assembly, one of whom must be an assemblyman and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; and
(c) Three members appointed by the governor, one of whom must have experience with and knowledge of matters relating to health care.
Each member appointed pursuant to this subsection must be a resident of this state and must not be employed in the executive or judicial branch of state government.
[2.] Each person who appoints members pursuant to this subsection [1] shall ensure that insofar as practicable, the members whom he appoints reflect the ethnic and geographical diversity of this state.
2. At its first meeting on or after July 1 of each odd-numbered year, the task force shall select the chairman and vice chairman of the task force from among the legislative members of the task force. Each such officer shall hold office for a term of 2 years or until his successor is selected. The chairmanship of the task force must alternate each biennium between the houses of the legislature.
3. For each day or portion of a day during which a member of the task force who is a legislator attends a meeting of the task force or is otherwise engaged in the work of the task force, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2671 (Chapter 529, SB 539)ê
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the task force must be paid from the legislative fund.
4. Members of the task force who are not legislators serve without salary, except that they are entitled to receive travel expenses provided for state officers and employees generally. The travel expenses of:
(a) A member of the task force who is an officer or employee of a local government thereof must be paid by the local government that employs him.
(b) Each remaining member of the task force must be paid from the legislative fund.
5. Each member of the task force who is an officer or employee of a local government must be relieved from his duties without loss of his regular compensation so that he may perform his duties relating to the task force in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the task force to:
(a) Make up the time he is absent from work to fulfill his obligations as a member of the task force; or
(b) Take annual leave or compensatory time for the absence.
6. The legislative counsel bureau and the department shall provide such administrative support to the task force as is required to carry out the duties of the task force. The state health officer shall provide such technical advice and assistance to the task force as is requested by the task force.
Sec. 14. NRS 439.630 is hereby amended to read as follows:
439.630 1. The task force for the fund for a healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The department shall submit a quarterly report to the governor , the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2672 (Chapter 529, SB 539)ê
the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund [each year] for a healthy Nevada each year for programs that improve health services for children and [for] the health and well-being of persons with disabilities.
(g) Maximize expenditures through local, federal and private matching contributions.
(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals [.] per fiscal year.
(j) To make the allocations required by paragraphs (e) and (f) : [of subsection 1:]
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the governor and the interim finance committee.
(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.
2. The task force may take such other actions as are necessary to carry out its duties.
3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2673 (Chapter 529, SB 539)ê
4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.
5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The aging services division of the department shall not expend or transfer any money allocated to the aging services division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.
6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 15. NRS 439.630 is hereby amended to read as follows:
439.630 1. The task force for the fund for a healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act.
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2674 (Chapter 529, SB 539)ê
pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall submit a quarterly report to the governor, the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that improve health services for children and the health and well-being of persons with disabilities.
(g) Maximize expenditures through local, federal and private matching contributions.
(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per fiscal year.
(j) To make the allocations required by paragraphs (e) and (f):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the governor and the interim finance committee.
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2675 (Chapter 529, SB 539)ê
(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.
2. The task force may take such other actions as are necessary to carry out its duties.
3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.
4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.
5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The aging services division of the department shall not expend or transfer any money allocated to the aging services division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act.
6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 16. NRS 439.665 is hereby amended to read as follows:
439.665 1. The department shall enter into contracts with private insurers who transact health insurance in this state to arrange for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services.
2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who is not eligible for Medicaid and who purchases a policy of health insurance that is made available pursuant to subsection 1 is entitled to an annual grant from the trust fund to subsidize [a portion of] the cost of that insurance , including premiums and deductibles, if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is [within one of the income ranges for which grants are provided pursuant to this subsection to the extent determined by the percentage shown opposite his household income on the following schedule:
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2676 (Chapter 529, SB 539)ê
Percent of
Amount of Household Cost of Insurance Allowable
Income Is Over But Not Over as a Subsidy
$0 -$12,700 90
12,700 14,800 80
14,800 -17,000 50
17,000 -19,100 25
19,100 -21,500 10] not over $21,500.
3. The [amount of any] subsidy granted pursuant to this section must not exceed the annual cost of insurance that provides coverage for prescription drugs and pharmaceutical services [or $480 per year, whichever is less.] , including premiums and deductibles.
4. A policy of health insurance that is made available pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer; and
(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer.
5. The department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicant’s household have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based on a significant reduction of income, when considering the applicant’s current financial circumstances.
An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.
6. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the department may, upon approval of the legislature, or the interim finance committee if the legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the fund for a healthy Nevada.
7. The provisions of subsections 1 to 5, inclusive, do not apply if the department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 6.
Sec. 17. NRS 439.670 is hereby amended to read as follows:
439.670 1. A senior citizen who wishes to receive a subsidy pursuant to NRS 439.665 must file a request therefor with the department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department shall, within 45 days after receiving a request for a subsidy, examine the request [,] and grant or deny it . [, and if granted, shall determine the amount of the subsidy to which the senior citizen is entitled.]
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ê2001 Statutes of Nevada, Page 2677 (Chapter 529, SB 539)ê
4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to NRS 439.665 and pay the subsidy directly to an insurer with whom the department has entered into a contract pursuant to NRS 439.665.
Sec. 18. NRS 439.675 is hereby amended to read as follows:
439.675 1. The department shall deny any request for a subsidy received pursuant to NRS 439.670 to which the senior citizen is not [entitled or any amount in excess of that to which the senior citizen is] entitled.
2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.
3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada.
Sec. 19. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in subsections 2 and 3, the interim finance committee may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.
2. During a regular session, the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, subsection 6 of NRS 445B.830 and NRS 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
3. During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.
4. If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 20. NRS 439.635, 439.640, 439.645, 439.650, 439.655, 439.660, 439.665, 439.670, 439.675, 439.680, 439.685 and 439.690 are hereby repealed.
Sec. 21. 1. The department of human resources shall:
(a) Periodically review the formulary that is covered by a policy of health insurance that is made available pursuant to NRS 439.635 to 439.690, inclusive, and ensure that the formulary includes prescription drugs and pharmaceutical services that senior citizens generally require; and
(b) File a report on December 1, 2002, with the governor and the director of the legislative counsel bureau setting forth:
(1) The number of senior citizens who are insured by a policy of health insurance that is made available pursuant to NRS 439.635 to 439.690, inclusive, and the number of those senior citizens who are receiving an annual grant from the fund for a healthy Nevada to subsidize the cost of that insurance; and
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2678 (Chapter 529, SB 539)ê
annual grant from the fund for a healthy Nevada to subsidize the cost of that insurance; and
(2) Whether, based on the money available to the department of human resources for the period from January 1, 2002, to December 31, 2002, for providing subsidies to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, the department had the financial ability to provide subsidies to at least 4,700 senior citizens and the coverage and benefits set forth in NRS 439.635 to 439.690, inclusive.
2. If the Governor determines that it is in the best interests of the state that the Senior Option Program set forth in sections 2 to 10, inclusive, of this act be implemented before January 1, 2003, to replace the provisions of NRS 439.635 to 439.690, inclusive, he shall issue a proclamation to that effect.
Sec. 22. 1. As soon as practicable after July 1, 2001, the task force for the fund for a healthy Nevada shall select:
(a) The chairman of the task force from among the members of the task force who are members of the senate; and
(b) The vice chairman of the task force from among the remaining legislative members of the task force.
2. Each officer selected pursuant to subsection 1 shall hold office for a term of 2 years or until his successor is selected.
Sec. 23. 1. On July 2, 2001, after reserving the amount of the administrative costs which may be allocated pursuant to subsection 4 of NRS 439.620 for fiscal year 2001-2002, the state treasurer shall allocate from the remaining amount of money in the fund for a healthy Nevada thirty percent to the department of human resources for expenditure pursuant to NRS 439.635 to 439.690, inclusive.
2. If applicable, on July 1, 2002, after reserving the amount of the administrative costs which may be allocated pursuant to subsection 4 of NRS 439.620 for fiscal year 2002-2003, the state treasurer shall allocate from the remaining amount of money in the fund for a healthy Nevada thirty percent to the department of human resources for expenditure pursuant to NRS 439.635 to 439.690, inclusive.
Sec. 24. 1. This section and sections 11, 13, 14, 16 to 19, inclusive, 21, 22 and 23 of this act become effective upon passage and approval.
2. Sections 1 to 10, inclusive, and 12, 15 and 20 of this act become effective:
(a) Upon proclamation by the Governor pursuant to subsection 2 of section 21 of this act; or
(b) On January 1, 2003, if the report filed by the department of human resources pursuant to paragraph (b) of subsection 1 of section 21 of this act indicates either that:
(1) There are fewer than 3,500 senior citizens enrolled in and receiving subsidies pursuant to a program established pursuant to NRS 439.635 to 439.690, inclusive; or
(2) The annual allocation of money available to the department of human resources for the period from January 1, 2002, to December 31, 2002, to provide subsidies to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, was not sufficient to provide at least 4,700 senior citizens with the subsidized insurance-based coverage and benefits set forth in NRS 439.635 to 439.690, inclusive.
________
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2679ê
Assembly Bill No. 239–Committee on Judiciary
CHAPTER 530
AN ACT relating to fees in civil actions; authorizing a board of county commissioners to impose an additional fee for the filing of certain actions and responses thereto in district courts and justices’ courts to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, in addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed:
(a) Five dollars to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.
(b) Twenty-five dollars to be paid on the filing of any motion or other paper that seeks to modify or adjust a final order that was issued pursuant to chapter 125, 125B or 125C of NRS and on the filing of any answer or response to such a motion or other paper.
2. A board of county commissioners may not by ordinance impose a filing fee pursuant to paragraph (b) of subsection 1 for:
(a) A motion filed solely to adjust the amount of support for a child set forth in a final order; or
(b) A motion for reconsideration or for a new trial that is filed within 10 days after a final judgment or decree has been issued.
3. On or before the first Monday of each month, in a county in which a fee has been imposed pursuant to subsection 1, the county clerk shall account for and pay over to the county treasurer any such fees collected by him during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by him from the county clerk.
4. Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2680 (Chapter 530, AB 239)ê
Sec. 2. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed $5 to be paid on the commencement of any action or proceeding in the justice’s court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.
2. On or before the first Monday of each month, in a county in which a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by him during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by him from the justice of the peace.
3. Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.
Sec. 3. This act becomes effective on July 1, 2001.
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Assembly Bill No. 198–Committee on Natural Resources, Agriculture, and Mining
CHAPTER 531
AN ACT relating to air pollution; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to charge a customer a surcharge for the costs of obtaining certain information regarding the customer’s vehicle; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to retain a percentage of certain fees as a commission; revising the provisions relating to expenditures from the pollution control account for purposes relating to air quality; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If an authorized station or authorized inspection station is required to collect a fee pursuant to subsection 1 of NRS 445B.830, the station may charge a customer whose vehicle is inspected by the station the amount of any electronic transmission surcharge that the station incurs to obtain information which the station is required by law to obtain with respect to that customer’s vehicle.
…………………………………………………………………………………………………………………
ê2001 Statutes of Nevada, Page 2681 (Chapter 531, AB 198)ê
obtain information which the station is required by law to obtain with respect to that customer’s vehicle.
2. An electronic transmission surcharge that is charged to a customer pursuant to subsection 1 must be set forth as a separate entry on the form certifying emission control compliance which the authorized station or authorized inspection station provides to the customer.
3. As used in this section, “electronic transmission surcharge” means the amount that an authorized station or authorized inspection station is required to pay to a contractor who owns or operates a database for the identification of vehicles for the transmission of information regarding a particular vehicle from the database to the authorized station or authorized inspection station.
Sec. 3. 1. If the board of county commissioners of a county is authorized to impose an additional fee for each form certifying emission control compliance, the board shall ensure that 2 percent of any such fee it imposes is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.
2. As used in this section, “additional fee” does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.
Sec. 4. NRS 445B.700 is hereby amended to read as follows:
445B.700 As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station..................................................................... $25
(b) For each set of 25 forms certifying emission control compliance........................................... 125
(c) For each form issued to a fleet station.............................................................................................. 5
2. Except as otherwise provided in subsections 4, 5 and 6, and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:
(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The state department of conservation and natural resources to carry out the provisions of this chapter.
(c) The state department of agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.
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ê2001 Statutes of Nevada, Page 2682 (Chapter 531, AB 198)ê
(d) Local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The department of motor vehicles and public safety shall by regulation establish a program to award grants of money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for [carbon monoxide] an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1; and
(b) Excess money in the pollution control account. As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year, after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the deputy director of the motor vehicles branch of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the deputy director and the administrator must not be awarded until approved by the interim finance committee.
Sec. 6. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in subsections 2 and 3, the interim finance committee may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.
2. During a regular session, the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762 [,] and NRS 428.375, 439.630, [subsection 6 of NRS] 445B.830 and [NRS] 538.650.
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ê2001 Statutes of Nevada, Page 2683 (Chapter 531, AB 198)ê
323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762 [,] and NRS 428.375, 439.630, [subsection 6 of NRS] 445B.830 and [NRS] 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
3. During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.
4. If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 7. 1. This section and sections 1, 3, 4 and 6 of this act become effective on July 1, 2001.
2. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.
3. Section 2 of this act becomes effective on January 1, 2002.
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Assembly Bill No. 641–Committee on Transportation
CHAPTER 532
AN ACT relating to the Multistate Highway Transportation Agreement; providing that each participating jurisdiction is entitled to select not more than two designated representatives to serve on the cooperating committee; authorizing the departments, agencies and officers of each participating jurisdiction to cooperate with and provide assistance to the cooperating committee under certain circumstances; specifying the designated representatives from this state to serve on the cooperating committee; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481A.010 is hereby amended to read as follows:
481A.010 The Multistate Highway Transportation Agreement is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I Findings and Purposes
Section 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding transportation capacity;
(b) Highway transportation is the major mode for movement of [people] persons and goods in the western states;
(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;
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ê2001 Statutes of Nevada, Page 2684 (Chapter 532, AB 641)ê
consumption and related transportation costs, which are necessary to permit increased productivity;
(d) A number of western states have already, to the fullest extent possible, adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards; and
(e) The [1956 provision of federal law, (23 U.S.C. 127), though long outmoded, remains in effect depriving states of interstate matching money if vehicle weights and widths are increased, even though the Interstate System is more than 80 percent complete; and
(f) The] participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.
Sec. 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
(b) Establish a system authorizing the operation of vehicles traveling between two or more participating jurisdictions at more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.
(e) Provide a means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.
(f) Facilitate communication among legislators, state transportation administrators and commercial industry representatives in addressing issues relating to highway transportation in participating jurisdictions.
ARTICLE II Definitions
Section 1. As used in this agreement:
(a) “Cooperating committee” means the committee consisting of the designated representatives from all participating jurisdictions.
(b) “Designated representative” means a legislator or other person authorized pursuant to Article XI to represent the jurisdiction.
[(b)] (c) “Jurisdiction” means a state of the United States or the District of Columbia.
[(c)] (d) “Vehicle” means any vehicle as defined by statute to be subject to size and weight standards which operates in two or more participating jurisdictions.
ARTICLE III General Provisions
Section 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish [these] those objectives.
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ê2001 Statutes of Nevada, Page 2685 (Chapter 532, AB 641)ê
Sec. 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
Sec. 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section [hereof.] of this agreement.
Sec. 4. Vehicle Laws and Regulations. This agreement [shall] does not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations [thereof.] of the participating jurisdiction.
Sec. 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement [shall] must be reached by a unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions [shall] must be placed in writing.
Sec. 6. Amendment. This agreement may be amended by a unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4 [,] of article III. Any amendment [shall] must be placed in writing and become a part [hereof.] of this agreement.
Sec. 7. Restrictions, Conditions or Limitations. Any jurisdiction entering into this agreement shall provide to each other participating jurisdiction [with] a list of any restriction, condition or limitation on the general terms of this agreement, if any.
Sec. 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
ARTICLE IV Cooperating Committee
Section 1. Each participating jurisdiction is entitled to select not more than two designated representatives. Pursuant to section 2 [,] of article III, the designated representatives of the participating jurisdictions [shall] constitute a cooperating committee which [shall have the power to:] may:
(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight-related matters.
(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight-related matters.
(d) Recommend improvements in highway operations, vehicular safety and state administration of highway transportation laws.
(e) Perform any functions required to carry out the purposes of this agreement.
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ê2001 Statutes of Nevada, Page 2686 (Chapter 532, AB 641)ê
Sec. 2. Each designated representative of a participating jurisdiction [shall be] is entitled to one vote only. No action of the committee [shall be binding] may be approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor [thereof.] of the action.
Sec. 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a [vice-chairman] vice chairman and a secretary.
Sec. 4. The committee shall submit annually to the legislature of each participating jurisdiction [, no later than November 1,] a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate . [or desirable. Copies of all such reports shall be made available to the Transportation Committee of the Western Conference, Council of State Governments, and to the Western Association of State Highway Officials.]
ARTICLE V Objectives of the Participating Jurisdictions
Section 1. Objectives. The participating jurisdictions hereby declare that:
(a) It is the objective of the participating jurisdictions to obtain more efficient and [more] economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation of a vehicle or combination of vehicles in regular operation on all state highways, except those determined through an engineering evaluation to be inadequate, with a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000 pounds, and a gross vehicle or combination weight not in excess of that resulting from application of the formula:
W = 500 [LN/ (N-1) + 12N + 36]
where W = Maximum weight in pounds carried on any group of two or more axles computed to nearest 500 pounds.
L = distance in feet between the extremes of any group of two or more consecutive axles.
N = number of axles in group under consideration.
(b) It is the further objective of the participating jurisdictions that [in the event] the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section [would result in withholding or forfeiture of federal-aid funds pursuant to section 127, Title 23, U.S. Code, the operation of such vehicle or combination of vehicles at axle and gross weights within the limits set forth in subsection (a) of this section will] be authorized under special permit authority by each participating jurisdiction [which could legally issue such permits prior to July 1, 1956, provided all regulations and procedures related to such issuance in effect as of July 1, 1956, are adhered to.
(c) The objectives of subsections (a) and (b) of this section relate to vehicles or combinations of vehicles in regular operation, and the authority of any participating jurisdiction to issue special permits for the movement of any vehicle or combination of vehicles having dimensions and/or weights in excess of the maximum statutory limits in each participating jurisdiction will not be affected.
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ê2001 Statutes of Nevada, Page 2687 (Chapter 532, AB 641)ê
excess of the maximum statutory limits in each participating jurisdiction will not be affected.
(d)] if the vehicle or combination of vehicles weighs more than 80,000 pounds or exceeds the length prescribed by statute in the participating jurisdiction in which the vehicle or combination of vehicles is operated.
(c) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight-related matters , including, but not limited to, the development of [:] uniform enforcement procedures , [;] additional vehicle size and weight standards , [;] operational standards , [;] agreements or compacts to facilitate regional application and administration of vehicle size and weight standards , [;] uniform permit procedures , [;] uniform application forms , [;] rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices , [;] and such other matters as may be pertinent.
[(e) In recognition of the limited prospects of federal revision of section 127, Title 23, U.S. Code, and in order to protect participating jurisdictions against any possibility of withholding or forfeiture of federal-aid highway funds, it is the further objective of]
(d) It is further the objective of the participating jurisdictions that the cooperating committee may recommend that the participating jurisdictions [to] jointly secure Congressional approval of this agreement and, specifically of the vehicle size and weight standards set forth in subsection (a) of this section.
[(f) In recognition of desire for a degree of national uniformity of size and weight regulations, it is the further objective to encourage development of broad, uniform size and weight standards on a national basis, and further that procedures adopted under this agreement be compatible with national standards.]
(e) It is the further objective of the participating jurisdictions to:
(1) Establish transportation laws and regulations that satisfy regional and economic requirements and promote an efficient, safe and compatible network of transportation.
(2) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways, consistent with and in recognition of the principles of highway safety.
(3) Establish programs to increase productivity and reduce congestion, consumption of fuel and related costs of transportation and enhance the quality of air through the uniform application of state vehicle laws and regulations.
ARTICLE VI Entry Into Force and Withdrawal
Section 1. This agreement [shall enter] enters into force when enacted into law by any two or more jurisdictions. Thereafter, this agreement [shall become] becomes effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 8 [,] of article III.
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ê2001 Statutes of Nevada, Page 2688 (Chapter 532, AB 641)ê
Sec. 2. Any participating jurisdiction may withdraw from this agreement by canceling [the same but no] this agreement, but such a withdrawal [shall] must not take effect until 30 days after the designated [representative] representatives of the withdrawing jurisdiction [has] have given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE VII Construction and Severability
Section 1. This agreement [shall] must be liberally construed [so as] to effectuate the purposes thereof.
Sec. 2. The provisions of this agreement [shall be] are severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction , or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement [shall] must not be affected thereby. If this agreement [shall be] is held to be contrary to the constitution of any jurisdiction participating herein, the agreement [shall remain] remains in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE VIII Filing of Documents
Section 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof [shall] must be filed in the highway department in each participating jurisdiction and [shall] must be made available for review by interested parties.
ARTICLE IX Cooperation by State Governments with Cooperating Committee
Section 1. Within the limits of legislative appropriations, the departments, agencies and officers of each participating jurisdiction may cooperate with and provide assistance to the cooperating committee concerning any provision of this agreement.
ARTICLE X Funding
Section 1. Funds for the administration of this agreement, including participation in the cooperating committee and the actual authorized expenses of the designated representatives, must be budgeted from any fees collected for the highway fund of each participating jurisdiction.
ARTICLE XI Selection of Designated Representatives
Section 1. Each participating jurisdiction shall establish by law the procedure for selecting its designated representatives to serve on the cooperating committee.
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ê2001 Statutes of Nevada, Page 2689 (Chapter 532, AB 641)ê
Sec. 2. NRS 481A.020 is hereby amended to read as follows:
481A.020 [1. The governor shall appoint the director of the department of transportation as the designated representative] The designated representatives of this state to serve on the cooperating committee established by article IV of the Multistate Highway Transportation Agreement [.
2. The designated representative of this state may be represented by an alternate designated by him. Any such alternate must be a principal deputy in the department of transportation.] are:
1. The chairman of the senate standing committee on transportation or a person designated by him; and
2. The chairman of the assembly standing committee on transportation or a person designated by him.
Sec. 3. 1. There is hereby appropriated from the state highway fund to the legislative fund to pay the cost of the salaries, per diem and travel expenses and dues for membership in the Multistate Highway Transportation Association for the designated representatives specified in NRS 481A.020:
For the fiscal year 2001-2002........................................................................................................ $7,500
For the fiscal year 2002-2003........................................................................................................ $7,500
2. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective on July 1, 2001.
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Assembly Bill No. 209–Assemblymen Parnell, Leslie, Smith, Gibbons, Williams, Anderson, Arberry, Bache, Berman, Buckley, Chowning, Collins, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Manendo, McClain, Neighbors, Parks and Perkins
CHAPTER 533
AN ACT making an appropriation to the Welfare Division of the Department of Human Resources for energy bill assistance for low-income Nevadans; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Welfare Division of the Department of Human Resources the sum of $4,000,000 for energy bill assistance for low-income Nevadans.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2690ê
Senate Bill No. 208–Senator Rawson
CHAPTER 534
AN ACT relating to public dental health; providing for the appointment of a state dental health officer and a state public health dental hygienist; establishing their duties; providing for the authorization of a person to practice public health dental hygiene; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The health division shall appoint a state dental health officer, who is in the unclassified service of the state. The state dental health officer must:
(a) Be a resident of this state;
(b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and
(c) Be appointed on the basis of his education, training and experience and his interest in public dental health and related programs.
2. The state dental health officer shall:
(a) Determine the needs of the residents of this state for public dental health;
(b) Provide the health division with advice regarding public dental health;
(c) Make recommendations to the health division and the legislature regarding programs in this state for public dental health;
(d) Supervise the activities of the state public health dental hygienist; and
(e) Seek such information and advice from a dental school of the University and Community College System of Nevada as necessary to carry out his duties.
3. Except as otherwise provided in this subsection, the state dental health officer shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. Notwithstanding the provisions of NRS 281.127 and 284.143, the state dental health officer may engage in academic instruction, research and studies at a dental school of the University and Community College System of Nevada.
4. The health division may solicit and accept gifts and grants to pay the costs associated with the position of state dental health officer.
Sec. 3. 1. The health division shall appoint a state public health dental hygienist, who is in the unclassified service of the state. The state public health dental hygienist must:
(a) Be a resident of this state;
(b) Hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to section 7 of this act; and
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ê2001 Statutes of Nevada, Page 2691 (Chapter 534, SB 208)ê
(c) Be appointed on the basis of his education, training and experience and his interest in public health dental hygiene and related programs.
2. The state public health dental hygienist:
(a) Shall assist the state dental health officer in carrying out his duties; and
(b) May:
(1) Make recommendations to the health division regarding programs in this state for public health dental hygiene; and
(2) Perform any acts authorized pursuant to section 7 of this act.
3. Except as otherwise provided in this subsection, the state public health dental hygienist shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. Notwithstanding the provisions of NRS 281.127 and 284.143, the state public health dental hygienist may engage in academic instruction, research and studies in a program of the University and Community College System of Nevada.
4. The health division may solicit and accept gifts and grants to pay the costs associated with the position of state public health dental hygienist.
Sec. 3.5. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of regents may, to the extent that money is available, develop the curriculum and standards required for a student in the system to earn a bachelor of science degree in dental hygiene or a master’s degree in public health dental hygiene.
Sec. 4. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.
Sec. 5. “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.
Sec. 6. “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.
Sec. 7. 1. The board shall, upon application by a dental hygienist who is licensed pursuant to this chapter and has such qualifications as the board specifies by regulation, issue a special endorsement of his license allowing him to practice public health dental hygiene pursuant to subsection 2.
2. The state dental health officer may authorize a person who holds a special endorsement issued pursuant to subsection 1 to provide or cause to be provided such services for the promotion of public health dental hygiene as the state dental health officer deems appropriate. Such services:
(a) May be provided at schools, community centers, hospitals, nursing homes and such other locations as the state dental health officer deems appropriate.
(b) May not be provided at a dental office that is not operated by a public or nonprofit entity.
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ê2001 Statutes of Nevada, Page 2692 (Chapter 534, SB 208)ê
Sec. 8. NRS 631.005 is hereby amended to read as follows:
631.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.
Sec. 9. NRS 631.265 is hereby amended to read as follows:
631.265 1. No licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 may administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to dental patients unless he has been issued a permit authorizing him to do so by the board.
2. The board may issue a permit authorizing a licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 to administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to dental patients under such standards, conditions and other requirements as the board shall by regulation prescribe.
[3. As used in this section:
(a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.
(b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.]
Sec. 10. NRS 631.275 is hereby amended to read as follows:
631.275 1. Except as otherwise provided in subsection 2, the board shall, without examination, issue a restricted license to practice dentistry to a person who:
(a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;
(b) Has received a degree from a dental school or college accredited by the [American Dental Association] Commission on Dental Accreditation [,] of the American Dental Association or its successor organization; and
(c) Has entered into a contract with a facility approved by the health division of the department of human resources to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license.
2. The board shall not issue a restricted license to a person:
(a) Who has failed to pass the examination of the board;
(b) Who has been refused a license in this state, another state or territory of the United States or the District of Columbia; or
(c) Whose license to practice dentistry has been revoked in this state, another state or territory of the United States or the District of Columbia.
3. A person to whom a restricted license is issued pursuant to subsection 1:
(a) May perform dental services only:
(1) Under the general supervision of the state dental health officer or the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department of human resources to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division ; [of the department;] and
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ê2001 Statutes of Nevada, Page 2693 (Chapter 534, SB 208)ê
contract with the person to whom a restricted license is issued and which is approved by the health division ; [of the department;] and
(2) In accordance with the contract required pursuant to paragraph (c) of that subsection.
(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.
4. A person who receives a restricted license must pass the examination of the board within 3 years after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.
5. The board may revoke a restricted license at any time.
Sec. 11. NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to take an examination for a license to practice dental hygiene in this state who:
(a) Is of good moral character;
(b) Is over 18 years of age;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Is a graduate of [an accredited] a school of dental hygiene [.] or other institution that awards at least an associate degree upon completion of the program and that is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:
(1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and
(2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.
2. To determine whether a person has good moral character the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.
Sec. 12. (Deleted by amendment.)
Sec. 13. NRS 631.310 is hereby amended to read as follows:
631.310 1. Except as otherwise provided in NRS 631.271 [,] and section 7 of this act, the holder of a license or renewal certificate to practice dental hygiene may practice dental hygiene in this state in the following places:
(a) In the office of any licensed dentist.
(b) In a clinic or in clinics in the public schools of this state as an employee of the health division of the department of human resources.
(c) In a clinic or in clinics in a state institution as an employee of the institution.
(d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of the hospital, and upon the authorization of a member of the dental staff.
(e) In an accredited school of dental hygiene.
(f) In other places if specified in a regulation adopted by the board.
2. A dental hygienist may perform only the services which are authorized by a dentist licensed in the State of Nevada, unless otherwise provided in a regulation adopted by the board.
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ê2001 Statutes of Nevada, Page 2694 (Chapter 534, SB 208)ê
3. Except as otherwise provided in section 7 of this act or specifically authorized by a regulation adopted by the board, a dental hygienist shall not provide services to a person unless that person is a patient of the dentist who authorized the performance of those services.
Sec. 14. NRS 631.313 is hereby amended to read as follows:
631.313 1. A licensed dentist may assign to a person in his employ who is a dental hygienist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the board or by the provisions of this chapter.
2. The performance of these tasks must be:
(a) If performed by a dental assistant or a person, other than a dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.
(b) If performed by a dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed [.] , except as otherwise provided in section 7 of this act.
3. No such assignment is permitted that requires:
(a) The diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.
(b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.
(c) The administration of general [anesthetics other than by an anesthetist or anesthesiologist licensed in this state.] anesthesia, conscious sedation or deep sedation except as otherwise authorized by regulations adopted by the board.
(d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.
4. A dental hygienist may, pursuant to regulations adopted by the board, administer local anesthesia or nitrous oxide in a health care facility, as defined in NRS 449.800, if:
(a) He is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and
(b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.
Sec. 15. NRS 631.346 is hereby amended to read as follows:
631.346 The following acts, among others, constitute unprofessional conduct:
1. Employing, directly or indirectly, any student or any suspended or unlicensed dentist or dental hygienist to perform operations of any kind to treat or correct the teeth or jaws, except as provided in this chapter;
2. [Giving] Except as otherwise provided in section 7 of this act, giving a public demonstration of methods of practice any place other than the office where the licensee is known to be regularly engaged in this practice;
3. Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry, but a patient shall not be deemed to be an accomplice, employer, procurer, inducer, aider or abettor;
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ê2001 Statutes of Nevada, Page 2695 (Chapter 534, SB 208)ê
4. For a dental hygienist, practicing in any place not authorized [by] pursuant to this chapter; or
5. Practicing while his license is suspended or without a renewal certificate.
Sec. 16. Section 7.5 of Senate Bill No. 133 of this session is hereby amended to read as follows:
Sec. 7.5 NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to [take an examination] apply for a license to practice dental hygiene in this state who:
(a) Is of good moral character;
(b) Is over 18 years of age;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Is a graduate of a school of dental hygiene or other institution that awards at least an associate degree upon completion of the program and that is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:
(1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and
(2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.
2. To determine whether a person has good moral character , the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.
Sec. 17. Notwithstanding the provisions of sections 2 and 3 of this act, for the fiscal years 2001-2002 and 2002-2003:
1. The health division may, in lieu of complying with the provisions of sections 2 and 3 of this act, appoint a state dental health officer and a state public health dental hygienist from the lists of names submitted by the board of regents of the University of Nevada for terms expiring on June 30, 2003. If the board of regents fails to submit a list for any position, the health division may appoint any qualified person.
2. Unless the health division provides otherwise, each person appointed pursuant to subsection 1 shall carry out the duties set forth in sections 2 and 3 of this act without additional compensation and using the office, equipment, staff and other resources provided to him by the University and Community College System of Nevada for his existing position.
Sec. 18. This act becomes effective on July 1, 2001.
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ê2001 Statutes of Nevada, Page 2696ê
Assembly Bill No. 174–Assemblyman Nolan
CHAPTER 535
AN ACT relating to juvenile courts; authorizing a juvenile court to establish a program of visitation to the office of the county coroner; authorizing a juvenile court to order a child who is adjudicated delinquent to participate in such a program of visitation; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the county pursuant to this section.
2. Before a child may participate in a program of visitation, the parent, guardian or custodian of the child must provide to the juvenile court on a form provided by the juvenile court:
(a) Written consent for the child to participate in the program of visitation; and
(b) An executed release of liability for any act or omission, not amounting to gross negligence or willful misconduct of the juvenile court, the county coroner, or any other person administering or conducting a program of visitation, that causes personal injury or illness of the child during the period in which the child participates in the program of visitation.
3. A program of visitation must include, without limitation:
(a) A visit to the office of the county coroner at times and under circumstances determined by the county coroner.
(b) A course to instruct the child concerning:
(1) The consequences of his actions; and
(2) An awareness of his own mortality.
(c) An opportunity for each participant in a program of visitation to evaluate each component of the program.
4. The juvenile court may order the child, or the parent or guardian of the child, to pay a fee of not more than $45 based on the ability of the child or his parent or guardian to pay for the costs associated with the participation of the child in the program of visitation.
5. If a juvenile court establishes a program of visitation pursuant to this section, the juvenile court shall, on or before January 15 of each odd-numbered year, submit to the director of the legislative counsel bureau for transmittal to the legislature a report regarding the effect of the program on the incidence of juvenile crime and the rate of recidivism.
Sec. 2. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in this chapter, if the court finds that a child is within the purview of this chapter, it shall so decree and may:
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ê2001 Statutes of Nevada, Page 2697 (Chapter 535, AB 174)ê
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
(2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
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ê2001 Statutes of Nevada, Page 2698 (Chapter 535, AB 174)ê
a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or 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 he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.2175.
(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness that is adequately supervised or a publicly or privately operated program for the arts that is adequately supervised. A program for the arts may include, but is not limited to, drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression. If the court orders the child to participate in a program of sports or physical fitness or a program for the arts, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
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ê2001 Statutes of Nevada, Page 2699 (Chapter 535, AB 174)ê
damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.
(n) Order the child to participate in a program of visitation to the office of the county coroner pursuant to section 1 of this act. In determining whether to order a child to participate in such a program, the court shall consider whether the act committed by the child involved the use or threatened use of force or violence against himself or others or demonstrated a disregard for the safety or well-being of himself or others.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in NRS 62.455 and 62.570, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
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ê2001 Statutes of Nevada, Page 2700 (Chapter 535, AB 174)ê
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 2001, for the purposes of establishing programs of visitation, and on October 1, 2001, for all other purposes, and expire by limitation on October 1, 2005.
2. Section 2 of this act becomes effective on October 1, 2001, and expires by limitation on October 1, 2005.
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Assembly Bill No. 175–Committee on Government Affairs
CHAPTER 536
AN ACT relating to highways; requiring the department of transportation to establish along certain highways a system of communication for members of the general public to report emergencies and receive information concerning conditions for driving on those highways; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.569 is hereby amended to read as follows:
408.569 The department [may] shall establish along [the most] one or more frequently traveled highways of this state a system of [telephones] communication for members of the general public to report fires, accidents or other emergencies [or] and to receive information concerning the conditions for driving on certain highways.
Sec. 2. 1. There is hereby appropriated from the state highway fund to the department of transportation the sum of $500,000 for the establishment and maintenance of an emergency system of call boxes located on Interstate Highway No. 15 from the boundary of the State of California to Lake Mead Drive in Clark County, Nevada.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2701ê
Assembly Bill No. 234–Committee on Ways and Means
CHAPTER 537
AN ACT making supplemental appropriations to the Department of Motor Vehicles and Public Safety for shortfalls in the budgets of the Division of Parole and Probation, Field Services, Central Services, Parole Board, the Division of Compliance Enforcement and the Hearings Office; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $2,493 for an unanticipated stale payroll claim of the Division of Parole and Probation. This appropriation is supplemental to that made by section 27 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 2. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $830,000 for an unanticipated shortfall in the money budgeted for new positions in Field Services. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 3. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $230,000 for an unanticipated shortfall in the money budgeted for new positions in Central Services. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2985.
Sec. 4. There is hereby appropriated from the state general fund to the Parole Board of the Department of Motor Vehicles and Public Safety the sum of $6,500 for a shortfall in salaries. This appropriation is supplemental to that made by section 27 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 5. There is hereby appropriated from the state highway fund to the Division of Compliance Enforcement of the Department of Motor Vehicles and Public Safety the sum of $62,000 for a shortfall caused by an increase in fingerprint expenses and by the payment of terminal leave. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2985.
Sec. 6. There is hereby appropriated from the state highway fund to the Hearings Office of the Department of Motor Vehicles and Public Safety the sum of $15,000 for a shortfall caused by the payment of terminal leave. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 7. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2702ê
Assembly Bill No. 381–Assemblymen Bache, Neighbors, Giunchigliani, de Braga, Gibbons, Anderson, Berman, Brown, Buckley, Carpenter, Chowning, Freeman, Hettrick, Lee, Leslie, Manendo, Mortenson, Oceguera, Parks, Parnell, Smith, Tiffany and Von Tobel
Joint Sponsors: Senators Amodei and Carlton
CHAPTER 538
AN ACT relating to local governments; revising the provisions relating to the incorporation and organization of cities; directing the Legislative Commission to conduct an interim study to develop and recommend proposed enabling legislation for the creation of an incorporated town; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 265.010 is hereby amended to read as follows:
265.010 No city or town in this state may be organized into an incorporated city unless there were more than [250 electors] 1,000 inhabitants residing within the limits of the city or town [cast ballots at the general election last] as determined by the last federal decennial census or the population certified by the governor pursuant to NRS 360.285, whichever is most recent, preceding the application for incorporation.
Sec. 2. NRS 266.055 is hereby amended to read as follows:
266.055 Municipal corporations organized under the provisions of this chapter [shall be, and the same are,] must be divided into three classes:
1. Those cities having [20,000] 50,000 or more inhabitants [shall be known as] are cities of the first class.
2. Those cities having [more than 5,000 and less than 20,000 inhabitants shall be known as] 5,000 or more but less than 50,000 inhabitants are cities of the second class.
3. [All other cities shall be known as] Those cities having less than 5,000 inhabitants are cities of the third class.
Sec. 3. NRS 266.060 is hereby amended to read as follows:
266.060 1. Whenever any city of the second class attains the population of [20,000] 50,000 or more, or any city of the third class attains the population of 5,000 or more, and that fact is ascertained:
(a) By actual census taken and certified to the governor by the mayor; or
(b) At the option of the city council, by the governor, pursuant to NRS 360.285, for 2 consecutive years,
the governor shall declare, by public proclamation, that city to be of the first or second class, [as the case may be,] and the city thus changed is governed by the provisions of this chapter [,] applicable to cities of the higher class.
2. An authenticated copy of the governor’s proclamation must be filed in the office of the secretary of state.
Sec. 4. 1. The Legislative Commission shall appoint a subcommittee consisting of six legislators to conduct an interim study to develop and recommend proposed enabling legislation for the creation of an incorporated town. The subcommittee must consist of:
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ê2001 Statutes of Nevada, Page 2703 (Chapter 538, AB 381)ê
(a) Two members appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Government Affairs during the immediately preceding session of the legislature;
(b) One member appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Taxation during the immediately preceding session of the legislature;
(c) Two members appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Government Affairs during the immediately preceding session of the legislature; and
(d) One member appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Taxation during the immediately preceding session of the legislature.
2. The subcommittee may appoint an advisory committee to assist the subcommittee in carrying out its duties. Such an advisory committee must include a member of the Committee on Local Government Finance and representatives of the Nevada League of Cities and Municipalities, the Nevada Association of Counties and the Nevada Taxpayers Association, or their successor organizations. Members of the advisory committee serve without compensation, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the advisory committee. The per diem allowance and travel expenses must be paid from the legislative fund.
3. The subcommittee may form such subcommittees of its members as are necessary to study specific issues within the jurisdiction of the subcommittee.
4. The subcommittee shall meet as frequently as necessary to complete the recommendations for the proposed legislation.
5. In conducting the study, the subcommittee shall:
(a) Determine appropriate procedures for the incorporation of and the governmental structure of an incorporated town;
(b) Identify and analyze the appropriate mandatory and optional powers that the governing body of an incorporated town may exercise;
(c) Consider the consolidation of any taxing district that may overlap with the boundaries of an incorporated town; and
(d) Consider existing statutes governing incorporated cities and unincorporated towns, including, without limitation, population data, governmental structure and operations, and any other matter that the subcommittee determines is relevant to the study.
6. The subcommittee may submit recommended legislation that is approved by a majority of the members of the Assembly appointed to the subcommittee and a majority of the members of the Senate appointed to the subcommittee to the Legislative Commission.
7. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 72nd session of the Nevada Legislature.
Sec. 5. This act becomes effective on passage and approval.
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ê2001 Statutes of Nevada, Page 2704ê
Assembly Bill No. 504–Committee on Ways and Means
CHAPTER 539
AN ACT making an appropriation to the State Department of Conservation and Natural Resources for the State of Nevada’s share for carrying out the Truckee River Operating Agreement; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $80,000 for the State of Nevada’s share for carrying out the Truckee River Operating Agreement.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 511–Committee on Ways and Means
CHAPTER 540
AN ACT making an appropriation to the Tahoe Regional Planning Agency for threshold research; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Tahoe Regional Planning Agency the sum of $200,000 for threshold research.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
3. The Tahoe Regional Planning Agency shall:
(a) Submit a quarterly report to the Interim Finance Committee regarding the nature and progress of the research being conducted; and
(b) Upon completion of the research, submit a final report to the Interim Finance Committee regarding that research.
Sec. 2. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2705ê
Assembly Bill No. 513–Committee on Ways and Means
CHAPTER 541
AN ACT making an appropriation to the Department of Human Resources for the development of four long-term strategic plans concerning the health care needs of the citizens of Nevada; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $800,000 for the development of four long-term strategic plans relating to the health care needs of the residents of Nevada to be allocated as follows:
(a) For a plan to ensure the availability and accessibility of a continuum of services that appropriately meets the basic needs of Nevada’s senior citizens and supports their ability to lead independent and active lives......................................................................................................................................... $100,000
(b) For a plan to ensure the availability and accessibility of a continuum of health care services in rural areas of Nevada............................................................................................................................... $150,000
(c) For a plan to:
(1) Ensure the availability and accessibility of a continuum of services that appropriately meet the basic needs of persons with disabilities in Nevada, including, without limitation, autistic persons;
(2) Support the ability of persons with disabilities in Nevada to lead independent and active lives within their community in accordance;
(3) Continue the effort of the State of Nevada to provide community-based services which match the need of the client and provide choice between appropriate services; and
(4) Ensure that persons with disabilities in Nevada receive the services that they are entitled to receive pursuant to state and federal statutes and case law.................................................................. $150,000
(d) For a plan:
(1) To develop and implement a sound methodology for the establishment and periodic adjustment of rates paid by the State of Nevada for contracted health and human services which accurately reflect the required costs of providing those services; and
(2) Where applicable, to establish reimbursement rates at appropriate, consistent and competitive levels that will attract a sufficient number of providers so as to ensure the effective delivery of an appropriate range of service options for Nevada’s health and human services................... $400,000
2. In developing each of the long-term strategic plans authorized pursuant to subsection 1, the Department shall:
(a) Contract with one or more persons who have knowledge about and experience in facilitating group discussions which include divergent points of view and perspectives to achieve consensus and mutual satisfaction in an effective planning process;
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ê2001 Statutes of Nevada, Page 2706 (Chapter 541, AB 513)ê
(b) Conduct public hearings in a broad range of settings and locations in this state to ensure that it receives information from all interested persons, including, without limitation, senior citizens, rural Nevadans, persons with disabilities, their representatives, governmental representatives and representatives of persons who provide institutional and community-based services to persons with disabilities; and
(c) Cause the development of each such long-term plan only after the testimony and information presented by the public has been fully considered throughout the process.
3. Any remaining balance of the appropriation made by subsection 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 515–Committee on Ways and Means
CHAPTER 542
AN ACT making an appropriation to the Department of Human Resources for assistance in the operation of certain HIV/AIDS clinics and health care facilities; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $1,000,000 for assistance in the operation of HIV/AIDS clinics in Reno and Las Vegas.
2. The Department shall initially divide the amount appropriated by subsection 1 in equal portions and allocate:
(a) One-half for expenditure in the southern region of this state by the Wellness Center, Enterprise Health Care Center and any other health care facility established by the University Medical Center; and
(b) One-half for expenditure in the northern region of this state by the Northern Nevada HIV Outpatient Program, Education and Services Clinic.
Any unused or uncommitted balance from one region may be transferred by the Department for use in the other region.
3. The money appropriated by subsection 1 must be used for capital projects, including, without limitation, facilities, equipment, fixtures and furnishings related to health care treatment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2707ê
Assembly Bill No. 520–Committee on Ways and Means
CHAPTER 543
AN ACT making an appropriation to the Department of Administration for distribution of a grant of money to the Governor’s Advisory Council on Education Relating to the Holocaust for carrying out the duties of the Council and continuing its educational programs; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Administration the sum of $75,000 for distribution of a grant of money to the Governor’s Advisory Council on Education Relating to the Holocaust created by NRS 233G.020 for carrying out the duties of the Council and continuing its educational programs.
2. Upon acceptance of the money appropriated by subsection 1, the Governor’s Advisory Council on Education Relating to the Holocaust agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Council through December 1, 2002; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2708ê
Assembly Bill No. 522–Committee on Ways and Means
CHAPTER 544
AN ACT making an appropriation to the Buildings and Grounds Division of the Department of Administration for certain expenses related to the Grant Sawyer State Office Building; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Buildings and Grounds Division of the Department of Administration the sum of $220,400 for:
1. Minor remodeling of the Grant Sawyer State Office Building; and
2. Moving expenses of various agencies to and from the Grant Sawyer State Office Building.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 530–Committee on Ways and Means
CHAPTER 545
AN ACT making appropriations to the Department of Human Resources for the Welfare Division’s telephone system and for costs relating to the fingerprinting of employees of the Welfare Division; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $54,572 for the Welfare Division’s telephone system.
2. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $13,315 for costs relating to the fingerprinting of the employees of the Welfare Division.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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ê2001 Statutes of Nevada, Page 2709ê
Assembly Bill No. 564–Committee on Government Affairs
CHAPTER 546
AN ACT relating to programs for public employees; requiring the commingling of the claims experience of active and retired state employees to determine rates and coverage; prohibiting the board of the public employees’ benefits program from entering into certain contracts; requiring the board to provide an annual report regarding the administration and operation of the program to the director of the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.043 is hereby amended to read as follows:
287.043 1. The board shall:
(a) Establish and carry out a program to be known as the public employees’ benefits program which:
(1) Must include a program relating to group life, accident or health insurance, or any combination of these; and
(2) May include 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 program.
(b) Ensure that the program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.
2. In establishing and carrying out the program, the board shall:
(a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents.
(b) Except as otherwise provided in this 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 program. The board may establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.
[(b)] (c) 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.
[(c)] (d) 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 program.
[(d)] (e) Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.
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ê2001 Statutes of Nevada, Page 2710 (Chapter 546, AB 564)ê
[(e)] (f) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.
[(f)] (g) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, including, without limitation, the establishment of:
(1) Fees for applications for participation in the program and for the late payment of premiums or contributions;
(2) Conditions for entry and reentry into the program by public agencies enumerated in NRS 287.010;
(3) The levels of participation in the program required for employees of participating public agencies;
(4) Procedures by which a group of participants in the program may leave the program pursuant to NRS 287.0479 and conditions and procedures for reentry into the program by such participants; and
(5) Specific procedures for the determination of contested claims.
[(g)] (h) Appoint an independent certified public accountant. The accountant shall:
(1) Provide an annual audit of the program; and
(2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.
[(h)] (i) Appoint an attorney who specializes in employee benefits. The attorney shall:
(1) Perform a biennial review of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits; and
(2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.
3. The board shall submit an annual report regarding the administration and operation of the program to the director of the legislative counsel bureau not more than 6 months before the board establishes rates and coverage for members for the following calendar year. The report must include, without limitation:
(a) The amount paid by the program in the preceding calendar year for the claims of active and retired state officers and employees; and
(b) The amount paid by the program in the preceding calendar year for the claims of retired members of the program who were provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.
4. 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.] 5. The board may make recommendations to the legislature concerning legislation that it deems necessary and appropriate regarding the program.
[5.] 6. 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.
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ê2001 Statutes of Nevada, Page 2711 (Chapter 546, AB 564)ê
[6.] 7. As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.
Sec. 2. NRS 287.0434 is hereby amended to read as follows:
287.0434 The 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 the program, including, without limitation, contracts with licensed administrators and qualified actuaries. Each such contract with a licensed administrator:
(a) Must be submitted to the commissioner of insurance not less than 30 days before the date on which the contract is to become effective for approval as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.
(b) Does not become effective unless approved by the commissioner.
(c) Shall be deemed to be approved if not disapproved by the commissioner of insurance within 30 days after its submission.
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. The board shall not enter into a contract pursuant to this subsection unless:
(a) Provision is made by the board to offer all the services specified in the request for proposals, either by a health maintenance organization or through separate action of the board.
(b) The rates set forth in the contract are based on the commingled claims experience of active and retired state officers and employees and their dependents.
4. Enter into contracts for the services of other experts and specialists as required by 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 board, the state or a participating public employer in administering a plan of insurance offered by that insurer, organization or corporation.
Sec. 3. On or after January 1, 2002, the board of the public employees’ benefits program shall not enter into or renew any contract that does not comply with subsection 3 of NRS 287.0434, as amended by this act.
Sec. 4. This act becomes effective on January 1, 2002.
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ê2001 Statutes of Nevada, Page 2712ê
Senate Bill No. 25–Senator O’Connell (By Request)
Joint Sponsor: Assemblywoman Berman
CHAPTER 547
AN ACT relating to domestic relations; revising the provisions governing the granting of rights to visitation with a child to persons other than the parents of the child; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125C.050 is hereby amended to read as follows:
125C.050 1. Except as otherwise provided in [subsection 3,] this section, if a parent of an unmarried minor child:
(a) Is deceased;
(b) Is divorced or separated from the parent who has custody of the child;
(c) Has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; or
(d) Has relinquished his parental rights or his parental rights have been terminated,
the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority . [, if the court finds that the visits would be in the best interests of the child.]
2. If the child has resided with a person with whom he has established a meaningful relationship, the district court in the county in which the child resides also may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child . [, if the court finds that the visits would be in the best interests of the child.]
3. A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or unreasonably restricted visits with the child.
4. If a parent of the child has denied or unreasonably restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by clear and convincing evidence that it is in the best interests of the child to grant visitation.
5. The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.
6. In determining whether [to grant a right to visitation to a petitioner pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:
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ê2001 Statutes of Nevada, Page 2713 (Chapter 547, SB 25)ê
(a) The love, affection and other emotional ties existing between the party seeking visitation and the child.
(b) The capacity and disposition of the party seeking visitation to:
(1) Give the child love, affection and guidance and serve as a role model to the child;
(2) Cooperate in providing the child with food, clothing and other material needs during visitation; and
(3) Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this state in lieu of health care.
(c) The prior relationship between the child and the party seeking visitation, including, without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation.
(d) The moral fitness of the party seeking visitation.
(e) The mental and physical health of the party seeking visitation.
(f) The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.
(g) The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents of the child as well as with other relatives of the child.
(h) The medical and other needs of the child related to health as affected by the visitation.
(i) The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.
(j) Any other factor [considered relevant by the court to a particular dispute.
4.] arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.
7. If the parental rights of either or both natural parents of a child are relinquished or terminated, and the child is placed in the custody of a public agency or a private agency licensed to place children in homes, the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which the parental rights are relinquished or terminated. In determining whether to grant this right to a [petitioner,] party seeking visitation, the court must find , by a preponderance of the evidence, that the visits would be in the best interests of the child in light of the considerations set forth in paragraphs (a) to (i), inclusive, of subsection [3.] 6.
[5.] 8. Rights to visit a child may be granted:
(a) In a divorce decree;
(b) In an order of separate maintenance; or
(c) Upon a petition filed by an eligible person:
(1) After a divorce or separation or after the death of a parent, or upon the relinquishment or termination of a parental right;
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ê2001 Statutes of Nevada, Page 2714 (Chapter 547, SB 25)ê
(2) If the parents of the child were not legally married and were cohabitating, after the death of a parent or after the separation of the parents of the child; [or]
(3) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.
[6.] 9. If a court terminates the parental rights of a parent who is divorced or separated, any rights previously granted pursuant to subsection 1 also must be terminated, unless the court finds , by a preponderance of the evidence, that visits by those persons would be in the best interests of the child.
[7.] 10. For the purposes of this section, “separation” means:
(a) A legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship; or
(b) If a couple was not legally married but cohabitating, a separation of the couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming cohabitation or entering into a marital relationship.
Sec. 2. The amendatory provisions of this act apply to a petition for visitation that is filed on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 49–Committee on Judiciary
CHAPTER 548
AN ACT relating to electronic transactions; adopting the Uniform Electronic Transactions Act; making various related changes pertaining to the use of electronic records and signatures; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 59 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 35, inclusive, of this act.
Sec. 2. This chapter may be cited as the Uniform Electronic Transactions Act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 19, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
Sec. 5. “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by a natural person in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction.
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ê2001 Statutes of Nevada, Page 2715 (Chapter 548, SB 49)ê
under an existing contract or fulfilling an obligation required by the transaction.
Sec. 6. “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
Sec. 7. “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this chapter and other applicable law.
Sec. 8. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
Sec. 9. “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by a natural person.
Sec. 10. “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means.
Sec. 11. “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Sec. 12. “Governmental agency” means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the Federal Government or of a state or of a county, municipality or other political subdivision of a state.
Sec. 13. “Information” means data, text, images, sounds, codes, computer programs, software, databases or the like.
Sec. 14. “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.
Sec. 15. “Person” includes a governmental agency and a public corporation.
Sec. 16. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 17. “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback, or other acknowledgment procedures.
Sec. 18. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
Sec. 19. “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs.
Sec. 20. 1. Except as otherwise provided in subsection 2, the provisions of this chapter apply to electronic records and electronic signatures relating to a transaction.
2. The provisions of this chapter do not apply to a transaction to the extent it is governed by:
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ê2001 Statutes of Nevada, Page 2716 (Chapter 548, SB 49)ê
(a) A law governing the creation and execution of wills, codicils or testamentary trusts; or
(b) The Uniform Commercial Code other than NRS 104.1107, 104.1206 and 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive.
3. The provisions of this chapter apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection 2 to the extent it is governed by a law other than those specified in subsection 2.
4. A transaction subject to the provisions of this chapter is also subject to other applicable substantive law.
Sec. 21. 1. The provisions of this chapter apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after October 1, 2001.
2. The provisions of section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., apply under this chapter to a transaction in which a natural person acquires goods or services that are used primarily for personal, family or household purposes.
Sec. 22. 1. The provisions of this chapter do not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
2. The provisions of this chapter apply only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
3. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
4. Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed” or words of similar import does not imply that the effect of other provisions may not be varied by agreement.
5. Whether an electronic record or electronic signature has legal consequences is determined by the provisions of this chapter and other applicable law.
Sec. 23. 1. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
2. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
3. If a law requires a record to be in writing, an electronic record satisfies the law.
4. If a law requires a signature, an electronic signature satisfies the law.
Sec. 24. 1. If parties have agreed to conduct a transaction by electronic means and a law requires that a contract or other record relating to the transaction be in writing, the legal effect, validity or enforceability of the contract or other record may be denied if an electronic record of the contract or other record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.
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ê2001 Statutes of Nevada, Page 2717 (Chapter 548, SB 49)ê
being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.
2. If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated or transmitted by a specified method or to contain information that is formatted in a certain manner, the following rules apply:
(a) The record must be posted or displayed in the manner specified in the other law.
(b) Except as otherwise provided in paragraph (b) of subsection 6, the record must be sent, communicated or transmitted by the method specified in the other law.
(c) The record must contain the information formatted in the manner specified in the other law.
3. If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
4. A requirement that a notice be in writing is not satisfied by providing or delivering the notice electronically if the notice is a notice of:
(a) The cancellation or termination of service by a public utility;
(b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of a natural person;
(c) The cancellation or termination of a policy of health insurance, benefits received pursuant to a policy of health insurance or benefits received pursuant to a policy of life insurance, excluding annuities; or
(d) The recall of a product, or material failure of a product, that risks endangering the health or safety of a person.
5. A requirement that a document be in writing is not satisfied by providing or delivering the document electronically if the document is required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
6. The requirements of this section may not be varied by agreement, but:
(a) To the extent a law other than this chapter requires that a contract or other record relating to a transaction to be in writing but permits that requirement to be varied by agreement, the provisions of subsection 1 concerning the denial of the legal effect, validity or enforceability of a contract or other record relating to a transaction may also be varied by agreement; and
(b) A requirement under a law other than this chapter to send, communicate or transmit a record by first-class mail, postage prepaid, regular United States mail, may be varied by agreement to the extent permitted by the other law.
Sec. 25. 1. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to whom the electronic record or electronic signature was attributable.
2. The effect of an electronic record or electronic signature attributed to a person under subsection 1 is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
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ê2001 Statutes of Nevada, Page 2718 (Chapter 548, SB 49)ê
adoption, including the parties’ agreement, if any, and otherwise as provided by law.
Sec. 26. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
1. If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
2. In an automated transaction involving a natural person, the natural person may avoid the effect of an electronic record that resulted from an error made by him in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the natural person learns of the error, the natural person:
(a) Promptly notifies the other person of the error and that the natural person did not intend to be bound by the electronic record received by the other person;
(b) Takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(c) Has not used or received any benefit or value from the consideration, if any, received from the other person.
3. If neither subsection 1 nor subsection 2 applies, the change or error has the effect provided by other law, including the law of mistake and the parties’ contract, if any.
4. Subsections 2 and 3 may not be varied by agreement.
Sec. 27. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Sec. 28. 1. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(b) Remains accessible to all persons who are legally entitled to access to the record, for the period required by law, in a form that is capable of being accurately reproduced for later reference.
2. A requirement to retain a record in accordance with subsection 1 does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.
3. A person may satisfy subsection 1 by using the services of another person if the requirements of that subsection are satisfied.
4. If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection 1.
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ê2001 Statutes of Nevada, Page 2719 (Chapter 548, SB 49)ê
5. If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection 1.
6. A record retained as an electronic record in accordance with subsection 1 satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after October 1, 2001, specifically prohibits the use of an electronic record for the specified purpose.
7. This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
Sec. 29. In a proceeding, evidence of a record or signature must not be excluded solely because it is in electronic form.
Sec. 30. In an automated transaction, the following rules apply:
1. A contract may be formed by the interaction of electronic agents of the parties, even if no natural person was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.
2. A contract may be formed by the interaction of an electronic agent and a natural person, acting on his own behalf or for another person, as by an interaction in which the natural person performs actions that he is free to refuse to perform and which he knows or has reason to know will cause the electronic agent to complete the transaction or performance.
3. The terms of the contract are determined by the substantive law applicable to it.
Sec. 31. 1. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(b) Is in a form capable of being processed by that system; and
(c) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
2. Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(a) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(b) It is in a form capable of being processed by that system.
3. Subsection 2 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection 4.
4. Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this subsection, the following rules apply:
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ê2001 Statutes of Nevada, Page 2720 (Chapter 548, SB 49)ê
(a) If the sender or recipient has more than one place of business, his place of business is the place having the closest relationship to the underlying transaction.
(b) If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.
5. An electronic record is received under subsection 2 even if no natural person is aware of its receipt.
6. Receipt of an electronic acknowledgment from an information processing system described in subsection 2 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
7. If a person is aware that an electronic record purportedly sent under subsection 1, or purportedly received under subsection 2, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
Sec. 32. 1. In this section, “transferable record” means an electronic record that:
(a) Would be a note under NRS 104.3101 to 104.3605, inclusive, or a document under NRS 104.7101 to 104.7603, inclusive, if the electronic record were in writing; and
(b) The issuer of the electronic record expressly has agreed is a transferable record.
2. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes him as the person to whom the transferable record was issued or transferred.
3. A system satisfies subsection 2, and a person is deemed to have control of a transferable record, if the transferable record is created, stored and assigned in such a manner that:
(a) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (d), (e) and (f), unalterable;
(b) The authoritative copy identifies the person asserting control as:
(1) The person to whom the transferable record was issued; or
(2) If the authoritative copy indicates that the transferable record has been transferred, the person to whom the transferable record was most recently transferred;
(c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
(d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
4. Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subsection 20 of NRS 104.1201, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under NRS 104.7501, 104.9308 or subsection 1 of NRS 104.3302 are satisfied, the rights and defenses of a holder to whom a negotiable document of title has been duly negotiated, a purchaser, or a holder in due course, respectively.
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ê2001 Statutes of Nevada, Page 2721 (Chapter 548, SB 49)ê
Commercial Code, including, if the applicable statutory requirements under NRS 104.7501, 104.9308 or subsection 1 of NRS 104.3302 are satisfied, the rights and defenses of a holder to whom a negotiable document of title has been duly negotiated, a purchaser, or a holder in due course, respectively. Delivery, possession and endorsement are not required to obtain or exercise any of the rights under this subsection.
5. Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.
6. If requested by a person against whom enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that he is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
Sec. 33. Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
Sec. 34. 1. Except as otherwise provided in subsection 6 of section 28 of this act, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.
2. To the extent that a governmental agency uses electronic records and electronic signatures under subsection 1, the governmental agency, giving due consideration to security, may specify:
(a) The manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes;
(b) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(c) Processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and auditability of electronic records; and
(d) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
3. Except as otherwise provided in subsection 6 of section 28 of this act, the provisions of this chapter do not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Sec. 35. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 36. Chapter 720 of NRS is hereby amended by adding thereto a new section to read as follows:
“Record” has the meaning ascribed to it in section 16 of this act.
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ê2001 Statutes of Nevada, Page 2722 (Chapter 548, SB 49)ê
Sec. 37. NRS 720.010 is hereby amended to read as follows:
720.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 720.020 to 720.130, inclusive, and section 36 of this act, have the meanings ascribed to them in those sections.
Sec. 38. NRS 720.060 is hereby amended to read as follows:
720.060 “Digital signature” means [a transformation of] an electronic signature that transforms a message by using an asymmetric cryptosystem. As used in this section, “electronic signature” has the meaning ascribed to it in section 11 of this act.
Sec. 39. NRS 720.140 is hereby amended to read as follows:
720.140 1. The provisions of this chapter apply to any transaction for which a digital signature [may be] is used to [satisfy a requirement that a document or record be signed or in writing as set forth in NRS 720.160, including, without limitation, transactions carried out by private businesses and transactions carried out by governmental entities.] sign an electronic record.
2. As used in this section, “electronic record” has the meaning ascribed to it in section 10 of this act.
Sec. 40. NRS 720.160 is hereby amended to read as follows:
720.160 1. Except as otherwise provided in [subsection 2,] this section, if each person [or governmental entity] who will be involved in the submission and acceptance of a record [or other document] agrees to the use of a digital signature, [where a statute or rule of law requires that the record or other document be signed or in writing,] the use of a message which:
(a) Represents the record [or other document;] ; and
(b) Is transformed by a digital signature,
[shall be deemed to satisfy the statute or rule of law with respect to the requirement that the record or other document be signed or in writing.] constitutes a sufficient signing of the record.
2. The provisions of this section do not apply with respect to:
(a) [A sworn statement;
(b) An acknowledgment;
(c)] A record [or other document] that is required to be signed in the presence of a third party; or
[(d)] (b) A record [or other document] with respect to which the requirement that the record [or other document] must be signed [or in writing] is accompanied by an additional qualifying requirement.
Sec. 41. NRS 78.010 is hereby amended to read as follows:
78.010 1. As used in this chapter:
(a) “Approval” and “vote” as describing action by the directors or stockholders mean the vote of directors in person or by written consent or of stockholders in person, by proxy or by written consent.
(b) “Articles,” “articles of incorporation” and “certificate of incorporation” are synonymous terms and unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.1955, 78.209, 78.380, 78.385 and 78.390 and any articles of merger or exchange filed pursuant to NRS 92A.200 to 92A.240, inclusive. Unless the context otherwise requires, these terms include restated articles and certificates of incorporation.
(c) “Directors” and “trustees” are synonymous terms.
(d) “Receiver” includes receivers and trustees appointed by a court as provided in this chapter or in chapter 32 of NRS.
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ê2001 Statutes of Nevada, Page 2723 (Chapter 548, SB 49)ê
(e) “Registered office” means the office maintained at the street address of the resident agent.
(f) “Resident agent” means the agent appointed by the corporation upon whom process or a notice or demand authorized by law to be served upon the corporation may be served.
(g) “Sign” means to affix a signature to a document.
(h) “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
(i) “Stockholder of record” means a person whose name appears on the stock ledger of the corporation.
(j) “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.
2. General terms and powers given in this chapter are not restricted by the use of special terms, or by any grant of special powers contained in this chapter.
Sec. 42. NRS 78A.090 is hereby amended to read as follows:
78A.090 1. A close corporation may operate without a board of directors if the certificate of incorporation contains a statement to that effect.
2. An amendment to the certificate of incorporation eliminating a board of directors must be approved:
(a) By all the shareholders of the corporation, whether or not otherwise entitled to vote on amendments; or
(b) If no shares have been issued, by all subscribers for shares, if any, or if none, by the incorporators.
3. While a corporation is operating without a board of directors as authorized by subsection 1:
(a) All corporate powers must be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, the shareholders.
(b) Unless the articles of incorporation provide otherwise:
(1) Action requiring the approval of the board of directors or of both the board of directors and the shareholders is authorized if approved by the shareholders; and
(2) Action requiring a majority or greater percentage vote of the board of directors is authorized if approved by the majority or greater percentage of votes of the shareholders entitled to vote on the action.
(c) A requirement by a state or the United States that a document delivered for filing contain a statement that specified action has been taken by the board of directors is satisfied by a statement that the corporation is a close corporation without a board of directors and that the action was approved by the shareholders.
(d) The shareholders by resolution may appoint one or more shareholders to sign documents as designated directors.
4. An amendment to the articles of incorporation that deletes the provision which eliminates a board of directors must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote on amendments. The amendment must specify the number, names and mailing addresses of the directors of the corporation or describe who will perform the duties of the board of directors.
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ê2001 Statutes of Nevada, Page 2724 (Chapter 548, SB 49)ê
5. As used in this section, “sign” means to execute or adopt a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 43. NRS 80.003 is hereby amended to read as follows:
80.003 “Signed” means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 44. NRS 81.0015 is hereby amended to read as follows:
81.0015 “Signed” means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 45. NRS 82.043 is hereby amended to read as follows:
82.043 “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
Sec. 46. NRS 84.004 is hereby amended to read as follows:
84.004 “Signed” means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 47. NRS 86.127 is hereby amended to read as follows:
86.127 “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
Sec. 48. NRS 87.020 is hereby amended to read as follows:
87.020 As used in this chapter, unless the context otherwise requires:
1. “Bankrupt” includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.
2. “Business” includes every trade, occupation or profession.
3. “Conveyance” includes every assignment, lease, mortgage or encumbrance.
4. “Court” includes every court and judge having jurisdiction in the case.
5. “Professional service” means any type of personal service which may legally be performed only pursuant to a license or certificate of registration.
6. “Real property” includes land and any interest or estate in land.
7. “Registered limited-liability partnership” means a partnership formed pursuant to an agreement governed by this chapter for the purpose of rendering a professional service and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.
8. “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
9. “Signed” means to have affixed a signature to a document.
10. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.
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ê2001 Statutes of Nevada, Page 2725 (Chapter 548, SB 49)ê
Sec. 49. NRS 88.315 is hereby amended to read as follows:
88.315 As used in this chapter, unless the context otherwise requires:
1. “Certificate of limited partnership” means the certificate referred to in NRS 88.350, and the certificate as amended or restated.
2. “Contribution” means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.
3. “Event of withdrawal of a general partner” means an event that causes a person to cease to be a general partner as provided in NRS 88.450.
4. “Foreign limited partnership” means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.
5. “General partner” means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.
6. “Limited partner” means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.
7. “Limited partnership” and “domestic limited partnership” mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
8. “Partner” means a limited or general partner.
9. “Partnership agreement” means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.
10. “Partnership interest” means a partner’s share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.
11. “Registered office” means the office maintained at the street address of the resident agent.
12. “Resident agent” means the agent appointed by the limited partnership upon whom process or a notice or demand authorized by law to be served upon the limited partnership may be served.
13. “Sign” means to affix a signature to a document.
14. “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
15. “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
16. “Street address” of a resident agent means the actual physical location in this state at which a resident is available for service of process.
Sec. 50. NRS 88A.090 is hereby amended to read as follows:
88A.090 “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
Sec. 51. NRS 89.250 is hereby amended to read as follows:
89.250 1. A professional association shall, on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in such association and shall certify that all members and employees are licensed to render professional service in this state.
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ê2001 Statutes of Nevada, Page 2726 (Chapter 548, SB 49)ê
residence addresses of all members and employees in such association and shall certify that all members and employees are licensed to render professional service in this state.
2. The statement must:
(a) Be made on a form prescribed by the secretary of state and must not contain any fiscal or other information except that expressly called for by this section.
(b) Be signed by the chief executive officer of the association.
3. Upon filing the annual statement required by this section, the association shall pay to the secretary of state a fee of $15.
4. As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 52. NRS 92A.230 is hereby amended to read as follows:
92A.230 1. Articles of merger or exchange must be signed by each domestic constituent entity as follows:
(a) By the president or a vice president of a domestic corporation, whether or not for profit;
(b) By all the general partners of a domestic limited partnership;
(c) By a manager of a domestic limited-liability company with managers or by all the members of a domestic limited-liability company without managers; and
(d) By a trustee of a domestic business trust.
2. If the domestic entity is a corporation, the articles must also be signed by the secretary or an assistant secretary.
3. Articles of merger or exchange must be signed by each foreign constituent entity in the manner provided by the law governing it.
4. As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 53. NRS 720.170 is hereby repealed.
Sec. 54. This act becomes effective on July 1, 2001.
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ê2001 Statutes of Nevada, Page 2727ê
Senate Bill No. 84–Senators Amodei, James, O'Connell, Washington, Porter, Care, Carlton, Jacobsen, Mathews, McGinness, Neal, Rawson, Rhoads, Shaffer, Titus and Townsend
CHAPTER 549
AN ACT relating to state financial administration; requiring the Department of Personnel to increase the level of compensation of uniformed highway patrol positions; making appropriations to the State Board of Examiners; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Department of Personnel shall increase the level of compensation of all uniformed highway patrol positions by one grade on the classified employee compensation schedule effective July 1, 2001.
Sec. 2. 1. There is hereby appropriated from the state highway fund to the State Board of Examiners to increase the level of compensation of all uniformed highway patrol positions by one grade:
For the fiscal year 2001-2002..................................................................................................... $1,098,809
For the fiscal year 2002-2003..................................................................................................... $1,167,170
2. There is hereby appropriated from the state general fund to the State Board of Examiners to increase the level of compensation of all uniformed highway patrol positions by one grade:
For the fiscal year 2001-2002.......................................................................................................... $17,075
For the fiscal year 2002-2003.......................................................................................................... $18,331
3. Any balance of the money appropriated by subsections 1 and 2 for the fiscal year 2001-2002 does not revert to the fund from which it was appropriated, but must be carried forward to the next fiscal year.
4. Any balance of the money appropriated by subsections 1 and 2 must not be committed for expenditure after June 30, 2003, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 2001.
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ê2001 Statutes of Nevada, Page 2728ê
Senate Bill No. 99–Senator O’Connell (by request)
CHAPTER 550
AN ACT relating to insurance; revising provisions governing the prompt payment by insurers of approved claims to providers of health care; revising the rate of interest applicable to the late payment of such claims; prohibiting the assessment of fees against providers of health care to be included on a list of providers of health care; establishing an administrative fine against insurers who do not substantially comply with the provisions requiring prompt payment of approved claims to providers of health care; allowing an employee who is injured or who contracts an occupational disease outside this state to receive compensation from the uninsured employers’ claim fund under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679B.138 is hereby amended to read as follows:
679B.138 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. The regulations must include, without limitation, a uniform billing format to be used for the submission of claims to such insurers and administrators.
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. 1.5. NRS 683A.0879 is hereby amended to read as follows:
683A.0879 1. Except as otherwise provided in subsection 2, an administrator shall approve or deny a claim relating to health insurance coverage within 30 days after the administrator receives the claim. If the claim is approved, the administrator shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the administrator shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the administrator and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
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ê2001 Statutes of Nevada, Page 2729 (Chapter 550, SB 99)ê
2. If the administrator requires additional information to determine whether to approve or deny the claim, he shall notify the claimant of his request for the additional information within 20 days after he receives the claim. The administrator shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The administrator shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the administrator shall pay the claim within 30 days after he receives the additional information. If the approved claim is not paid within that period, the administrator shall pay interest on the claim in the manner prescribed in subsection 1.
3. An administrator shall not request a claimant to resubmit information that the claimant has already provided to the administrator, unless the administrator provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An administrator shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the administrator.
7. The commissioner may require an administrator to provide evidence which demonstrates that the administrator has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that an administrator is not in substantial compliance with the requirements set forth in this section, the commissioner may require the administrator to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 2. NRS 689A.035 is hereby amended to read as follows:
689A.035 An insurer [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the insurer to include the provider on the list.]
Sec. 3. NRS 689A.410 is hereby amended to read as follows:
689A.410 1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of health insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the insurer and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
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ê2001 Statutes of Nevada, Page 2730 (Chapter 550, SB 99)ê
interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An insurer shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.
7. The commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the commissioner may require the insurer to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 4. NRS 689B.015 is hereby amended to read as follows:
689B.015 An insurer that issues a policy of group health insurance [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the insurer to include the provider on the list.]
Sec. 5. NRS 689B.255 is hereby amended to read as follows:
689B.255 1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of group health insurance or blanket insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the insurer and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent.
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ê2001 Statutes of Nevada, Page 2731 (Chapter 550, SB 99)ê
financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request [in] is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An insurer shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.
7. The commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the commissioner may require the insurer to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 6. NRS 689C.435 is hereby amended to read as follows:
689C.435 A carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the carrier to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the carrier to include the provider on the list.]
Sec. 7. NRS 689C.485 is hereby amended to read as follows:
689C.485 1. Except as otherwise provided in subsection 2, a carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group shall approve or deny a claim relating to a policy of health insurance within 30 days after the carrier receives the claim. If the claim is approved, the carrier shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the carrier shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the carrier and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent.
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ê2001 Statutes of Nevada, Page 2732 (Chapter 550, SB 99)ê
interest is established pursuant to an express written contract between the carrier and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the carrier requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The carrier shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The carrier shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the carrier shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the carrier shall pay interest on the claim in the manner prescribed in subsection 1.
3. A carrier shall not request a claimant to resubmit information that the claimant has already provided to the carrier, unless the carrier provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A carrier shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the carrier.
7. The commissioner may require a carrier to provide evidence which demonstrates that the carrier has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that a carrier is not in substantial compliance with the requirements set forth in this section, the commissioner may require the carrier to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 8. NRS 695A.095 is hereby amended to read as follows:
695A.095 A society [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the society to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the society to include the provider on the list.]
Sec. 9. NRS 695B.035 is hereby amended to read as follows:
695B.035 A corporation subject to the provisions of this chapter [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the corporation to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the corporation to include the provider on the list.]
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ê2001 Statutes of Nevada, Page 2733 (Chapter 550, SB 99)ê
Sec. 10. NRS 695B.2505 is hereby amended to read as follows:
695B.2505 1. Except as otherwise provided in subsection 2, a corporation subject to the provisions of this chapter shall approve or deny a claim relating to a contract for dental, hospital or medical services within 30 days after the corporation receives the claim. If the claim is approved, the corporation shall pay the claim within 30 days after it is approved. [If] Exc