κ2003 Statutes of Nevada, Page 3193κ
Senate Bill No. 449Committee on Government Affairs
CHAPTER 486
AN ACT relating to elections; requiring advisory questions to be specifically identified as such on the ballot and sample ballot; setting forth the order in which advisory questions must be listed on a ballot; restricting the entities that may submit an advisory question for appearance on a ballot for a general election or general city election; requiring that advisory questions be accompanied by a fiscal note if the particular advisory question pertains to certain topics relating to bonds, taxes, fees and expenses; setting forth the required contents of a fiscal note; requiring the Committee on Local Government Finance to prepare certain sample advisory ballot questions to demonstrate the preparation of required fiscal notes; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.268 is hereby amended to read as follows:
293.268 The offices for which there are candidates, the names of the candidates therefor, and the questions to be voted upon must be printed on ballots in the following order:
1. President and Vice President of the United States.
2. United States Senator and Representative in Congress, in that sequence.
3. Governor, Lieutenant Governor, Secretary of State, Treasurer, Controller and Attorney General, in that sequence.
4. State senators and assemblymen.
5. County and township partisan offices.
6. Statewide nonpartisan offices.
7. District nonpartisan offices.
8. County nonpartisan offices.
9. City offices:
(a) Mayor;
(b) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and
(c) Municipal judges.
10. Township nonpartisan offices.
11. Questions presented to the voters of the State [.] with advisory questions listed in consecutive order after any other questions presented to the voters of the State.
12. Questions presented only to the voters of a special district or political subdivision of the State [.] with advisory questions listed in consecutive order after any other questions presented only to the voters of a special district or political subdivision of the State.
Sec. 2. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as otherwise provided in subsection 2 or NRS 295.121 or 295.217, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
κ2003 Statutes of Nevada, Page 3194 (Chapter 486, SB 449)κ
or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
(a) At a general election, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to each county clerk within the designated territory on or before the third Monday in July preceding the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
(b) At a primary election, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to each county clerk within the designated territory on or before the third Monday in May preceding the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
(c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to each county clerk at least 60 days before the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to the city clerk at least 60 days before the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
2. A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.
κ2003 Statutes of Nevada, Page 3195 (Chapter 486, SB 449)κ
3. A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation , [and] arguments and fiscal note on the ballot.
Sec. 3. NRS 293.482 is hereby amended to read as follows:
293.482 1. The governing body of [any] a county or city may, at any general election or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration . [by adopting] No other political subdivision, public or quasi-public corporation or other local agency may ask the advice of the registered voters within its jurisdiction on any question which it has under consideration.
2. To place an advisory question on the ballot at a general election or general city election, the governing body of a county or city must:
(a) Adopt a resolution [which:
(a) Except as otherwise provided in NRS 295.121 and 295.217, sets forth the advisory question, including an] that:
(1) Sets forth:
(I) The question, in language indicating clearly that the question is advisory only;
(II) An explanation of [and arguments] the question;
(III) Except as otherwise provided in NRS 295.121 and 295.217, arguments for and against the question [, to be submitted to the voters; and
(b)] ; and
(IV) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4; and
(2) States that the result of the voting on the question does not place any legal requirement on the governing body , any member of the governing body or any officer of the political subdivision [.
2.] ; and
(b) Comply with the requirements of paragraph (a) or (d) of subsection 1 of NRS 293.481.
3. A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:
(a) The advisory question to be submitted affects only that part of its territory; and
(b) The resolution adopted pursuant to subsection [1] 2 sets forth the boundaries of the area in which the advice of the registered voters will be asked.
4. With respect to a fiscal note that is required in connection with an advisory question:
(a) If, in the advisory question, the governing body seeks advice on whether bonds should be issued, the fiscal note must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for issuance of the applicable type of bond.
(b) If, in the advisory question, the governing body seeks advice on whether a limitation upon revenue from taxes ad valorem should be exceeded, the fiscal note must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for exceeding that limitation.
κ2003 Statutes of Nevada, Page 3196 (Chapter 486, SB 449)κ
(c) If, in the advisory question, the governing body seeks advice on whether a tax other than a property tax described in paragraph (b) should be levied, the fiscal note must:
(1) Identify the average annual cost that is expected to be incurred by the affected taxpayers if the tax were to be levied;
(2) Specify the period over which the tax is proposed to be levied;
(3) Disclose whether, in connection with the levy of the tax, revenue bonds are to be sold which will be backed by the full faith and credit of the assessed value of the applicable local government; and
(4) If applicable, specify whether, in connection with or following the levy of the tax, additional expenses are expected to be incurred to pay for the operation or maintenance of any program or service to be provided from the proceeds of the tax or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the tax.
(d) If, in the advisory question, the governing body seeks advice on whether a fee should be imposed, the fiscal note must:
(1) Identify the average annual cost that is expected to be incurred by the affected users if the fee were to be imposed;
(2) Specify the period over which the fee is proposed to be imposed; and
(3) If applicable, specify whether, in connection with or following the imposition of the fee, additional expenses are expected to be incurred to pay for the program or service to be provided from the proceeds of the fee or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the fee.
(e) If, in the advisory question, the governing body seeks advice on whether the applicable local government should incur an expense, the fiscal note must:
(1) Identify the source of revenue that will be used to pay the expense;
(2) Disclose whether it is expected that the incurring of the expense will require the levy or imposition of a new tax or fee or the increase of an existing tax or fee; and
(3) If a tax or fee is proposed to be levied or imposed or increased to pay the expense, contain the information required pursuant to paragraph (c) or (d), as applicable.
5. On the sample ballot for the general election or general city election, each advisory question must appear:
(a) With a title in substantially the following form: Advisory Ballot Question No. ....; and
(b) With its explanation, arguments and, if required, fiscal note.
6. The Committee on Local Government Finance shall prepare sample advisory ballot questions to demonstrate, for each situation enumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples of the manner in which fiscal notes should be prepared.
Sec. 4. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:
κ2003 Statutes of Nevada, Page 3197 (Chapter 486, SB 449)κ
(a) The fiscal note, as provided pursuant to NRS 218.443 , [or] 293.250, 293.481 or 293.482, for each proposed constitutional amendment [or statewide measure;] , statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(b) An explanation, as provided pursuant to NRS 218.443, 293.250, 293.481, 293.482 or 295.121, of each proposed constitutional amendment [or statewide measure,] , statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, including arguments for and against it; and
(c) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
3. At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
κ2003 Statutes of Nevada, Page 3198 (Chapter 486, SB 449)κ
8. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.
9. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 5. NRS 293C.262 is hereby amended to read as follows:
293C.262 1. The offices for which there are candidates, the names of the candidates therefor and the questions to be voted upon must be printed on ballots for a city election in the following order:
(a) City offices:
(1) Mayor;
(2) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and
(3) Municipal judges.
(b) Questions presented to the voters of a city or a portion of a city [.] with advisory questions listed in consecutive order after any other questions presented to the voters of the city.
2. The city clerk:
(a) May divide paper ballots into two sheets in a manner that provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
Sec. 6. NRS 293C.530 is hereby amended to read as follows:
293C.530 1. At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
2. Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; [and]
(b) Include the fiscal note and explanation, as required pursuant to NRS 293.481 or 293.482, of each citywide measure and advisory question, including arguments for and against it; and
(c) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
κ2003 Statutes of Nevada, Page 3199 (Chapter 486, SB 449)κ
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.
6. The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.
7. The cost of mailing sample ballots for a city election must be borne by the city holding the election.
Sec. 7. NRS 295.121 is hereby amended to read as follows:
295.121 1. In a county whose population is [100,000] 40,000 or more, for each initiative, referendum or other question to be placed on the ballot by the board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. Before the board appoints a committee pursuant to this section, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
κ2003 Statutes of Nevada, Page 3200 (Chapter 486, SB 449)κ
5. If the board of a county whose population is [100,000] 40,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall appoint the committee.
6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall [, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question,] prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question [;] , based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 7.
7. The county clerk of a county whose population is [100,000] 40,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.
9. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
10. In a county whose population is less than [100,000:] 40,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 7.
κ2003 Statutes of Nevada, Page 3201 (Chapter 486, SB 449)κ
Sec. 8. NRS 295.217 is hereby amended to read as follows:
295.217 1. In a city whose population is [60,000] 10,000 or more, for each initiative, referendum or other question to be placed on the ballot by the council, including, without limitation, pursuant to NRS 293.482 or 295.215, the council shall, in consultation pursuant to subsection 4 with the city clerk [pursuant to subsection 4,] or other city officer authorized to perform the duties of the city clerk, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 4, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. Before the council appoints a committee pursuant to this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. If the council of a city whose population is [60,000] 10,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall appoint the committee.
6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall [, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question,] prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question [;] , based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and
κ2003 Statutes of Nevada, Page 3202 (Chapter 486, SB 449)κ
(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 7.
7. The city clerk of a city whose population is [60,000] 10,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney [.] or other city officer appointed to hear the appeal by the city council. The city attorney or other city officer appointed to hear the appeal shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney or other city officer appointed to hear the appeal shall issue his decision rejecting or accepting the statement. The decision of the city attorney or other city officer appointed to hear the appeal is a final decision for the purposes of judicial review.
9. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
10. In a city whose population is less than [60,000:] 10,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 7.
________
κ2003 Statutes of Nevada, Page 3203κ
Senate Bill No. 470Committee on Taxation
CHAPTER 487
AN ACT relating to taxation; authorizing cities that own or operate airports in certain counties to impose certain taxes on aviation fuel and fuel for jet or turbine-powered aircraft; revising the method for the distribution of and certain restrictions on the expenditure of the proceeds of certain taxes on aviation fuel and fuel for jet or turbine-powered aircraft; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 365 of NRS is hereby amended by adding thereto a new section to read as follows:
Governmental entity includes, without limitation, an airport authority created by special legislative act.
Sec. 2. NRS 365.010 is hereby amended to read as follows:
365.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 365.015 to 365.088, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 365.170 is hereby amended to read as follows:
365.170 1. Except as otherwise provided in NRS 365.135, every dealer shall, not later than the last day of each calendar month:
(a) Render to the Department a statement of all aviation fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in this state, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon pursuant to NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax on:
(1) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon, plus any applicable amount imposed [by the county in which the fuel is sold, distributed or used] pursuant to NRS 365.203; and
(2) Aviation fuel in the amount of 2 cents per gallon, plus any applicable amount imposed [by the county in which the fuel is sold, distributed or used] pursuant to NRS 365.203,
so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. A dealer shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the State.
Sec. 4. NRS 365.203 is hereby amended to read as follows:
365.203 1. The governing body of a city may by ordinance, but not as in a case of emergency, impose a tax of not more than:
(a) Four cents per gallon on fuel for jet or turbine-powered aircraft; and
(b) Eight cents per gallon on aviation fuel,sold, distributed or used at an airport which is owned or operated by the city in a county whose population is less than 100,000.
κ2003 Statutes of Nevada, Page 3204 (Chapter 487, SB 470)κ
sold, distributed or used at an airport which is owned or operated by the city in a county whose population is less than 100,000.
2. A board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax of not more than:
(a) Four cents per gallon on fuel for jet or turbine-powered aircraft ; [sold, distributed or used in the county;] and
(b) Eight cents per gallon on aviation fuel [.
2.] ,
sold, distributed or used in the county, except at an airport where a tax is imposed pursuant to subsection 1.
3. A tax imposed pursuant to this section must be imposed on all taxpayers at the same rate. The city or county shall not allow any discounts, exemptions or other variance of the rate of the tax for any taxpayer except for the State or a political subdivision of the State.
[3.] 4. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
Sec. 5. NRS 365.545 is hereby amended to read as follows:
365.545 1. The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or Turbine-Powered Aircraft in the State General Fund and must be allocated monthly by the Department to the [governmental] :
(a) Governmental entity which operates the airport at which the tax was collected, if the airport is operated by a governmental entity;
(b) Governmental entity which owns the airport at which the tax was collected, [or if the airport is privately owned , to the county] if the airport is owned but not operated by a governmental entity; or
(c) County in which is located the airport [is located .] at which the tax was collected, if the airport is neither owned nor operated by a governmental entity.
2. The money so received must be used by the governmental entity receiving it to pay the cost of:
(a) Transportation projects related to airports, including access on the ground to airports;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a);
(c) Promoting the use of an airport [,] located in a county whose population is less than 400,000, including, without limitation, increasing the number and availability of flights at the airport;
(d) Contributing money to the Trust Fund for Aviation created by NRS 494.048; or
(e) Any combination of those purposes.
3. Money so received may also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) of subsection 2.
4. Any money pledged pursuant to the provisions of subsection 3 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
κ2003 Statutes of Nevada, Page 3205 (Chapter 487, SB 470)κ
Sec. 6. NRS 365.565 is hereby amended to read as follows:
365.565 1. The tax derived from aviation fuel must be distributed quarterly from the Account for Taxes on Aviation Fuel in the following manner:
[1. There]
(a) The amount of any optional tax must be remitted to the:
(1) Governmental entity which operates the airport at which the optional tax was collected, if the airport is operated by a governmental entity;
(2) Governmental entity which owns the airport at which the optional tax was collected, if the airport is owned but not operated by a governmental entity; or
(3) County in which is located the airport at which the optional tax was collected, if the airport is neither owned nor operated by a governmental entity.
(b) After deducting the amount allocated pursuant to paragraph (a), there must be transferred to the Civil Air Patrol Account, which is hereby created, [from the Account for Taxes on Aviation Fuel,] for the ensuing fiscal year, a sum not to exceed $130,000 or the total amount remaining in the [Account,] Account for Taxes on Aviation Fuel, whichever is less.
(c) After deducting the amounts allocated pursuant to paragraphs (a) and (b), any remaining balance in the Account for Taxes on Aviation Fuel must be remitted, in proportion to the amount of the mandatory tax collected at each airport, to the:
(1) Governmental entity which operates the airport at which the mandatory tax was collected, if the airport is operated by a governmental entity;
(2) Governmental entity which owns the airport at which the mandatory tax was collected, if the airport is owned but not operated by a governmental entity; or
(3) County in which is located the airport at which the mandatory tax was collected, if the airport is neither owned nor operated by a governmental entity.
2. Any money received by a governmental entity pursuant to subsection 1, except for the money transferred to the Civil Air Patrol Account, must be used by that governmental entity in the same manner as money allocated to a governmental entity pursuant to NRS 365.545.
3. The amount [so] transferred to the Civil Air Patrol Account pursuant to this section must be expended for the support of the Nevada Wing of the Civil Air Patrol and is in addition to and separate from any legislative appropriations made to the Civil Air Patrol Account for the support of that wing.
[2.] 4. Money in the Civil Air Patrol Account may be paid out only upon claims certified by the Wing Commander and the Wing Finance Officer and approved by the State Board of Examiners, in the same manner as other claims against the State are paid.
[3.] 5. Money in the Civil Air Patrol Account may be used only by the wing to:
(a) Carry out its search, rescue and emergency operations;
(b) Maintain a headquarters; and
(c) Purchase, maintain and repair emergency and training equipment.
[4.] 6. No money in the Civil Air Patrol Account may be expended for:
κ2003 Statutes of Nevada, Page 3206 (Chapter 487, SB 470)κ
(a) The purchase of any aircraft;
(b) Travel expenses;
(c) Training expenses; or
(d) Fuel for vehicles or aircraft used in an official mission of the United States Air Force.
[5.] 7. Any person who makes a claim against the Civil Air Patrol Account shall reimburse the Account if payment for the claim is also received from another source.
[6. There must be remitted to the treasurer of each county such portion of the remaining balance in the Account for Taxes on Aviation Fuel as is proportional to the excise taxes remitted by dealers or users in his county.]
8. As used in this section:
(a) Mandatory tax means the tax on aviation fuel collected pursuant to NRS 365.170 without regard to any optional tax.
(b) Optional tax means a tax on aviation fuel imposed pursuant to NRS 365.203.
Sec. 7. NRS 494.046 is hereby repealed.
Sec. 8. The provisions of this act do not apply to the administration and use of any money remitted to a county treasurer pursuant to NRS 365.565 before July 1, 2003.
Sec. 9. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 518Committee on Transportation
CHAPTER 488
AN ACT relating to transportation; imposing certain fees for the operation of livery and traditional limousines; prohibiting certain motor carriers from engaging in certain types of misleading advertising; providing for the impoundment of certain vehicles under certain circumstances; making various changes regarding the filing of certain applications; making various changes regarding the disposition of money paid for the special license plate for veterans; temporarily prohibiting the Transportation Services Authority from accepting certain applications relating to certificates of public convenience and necessity for the operation of limousines; temporarily prohibiting fully regulated carriers from increasing the number of limousines which they operate; directing the Legislative Commission to conduct a study of issues relating to the allocation of limousines; authorizing the Transportation Services Authority under certain circumstances to adopt regulations providing for a system of allocations for limousines; providing penalties; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
Whereas, In Southern Nevada an excessive number of limousines may negatively affect the integrity and viability of the limousine industry and may negatively affect the taxi industry, as well as cause conflict between taxi and limousine drivers and companies which could negatively impact the tourism industries; now, thereforeTHE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
κ2003 Statutes of Nevada, Page 3207 (Chapter 488, AB 518)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. An operator of a limousine shall, beginning on July 1, 2003, and on July 1 of each year thereafter, pay to the Authority a fee of $100 for each limousine that the Authority has authorized the operator to operate.
2. As used in this section, limousine includes:
(a) A livery limousine; and
(b) A traditional limousine.
Sec. 3. 1. It is unlawful for any person to advertise services for which a certificate of public convenience and necessity or a contract carriers permit is required pursuant to NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, unless the person has been issued such a certificate or permit.
2. If, after notice and a hearing, the Authority determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Authority may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, issue an order to the person to cease and desist the unlawful advertising and to:
(a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.
(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.
3. If a person fails to comply with paragraph (a) of subsection 2 within 5 days after the date that he receives an order pursuant to subsection 2, the Authority may request the Commission to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 2 within 5 days after the date he receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.
4. If the provider of paging services receives a request from a person pursuant to subsection 2 or a request from the Authority pursuant to subsection 3, it shall:
(a) Disconnect the paging service to the person; or
(b) Switch the beeper number of the paging service provided to the person.
If the provider of paging services elects to switch the number pursuant to paragraph (b), the provider shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.
5. As used in this section:
κ2003 Statutes of Nevada, Page 3208 (Chapter 488, AB 518)κ
(a) Advertising includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of fully regulated carrier with or without any limiting qualifications.
(b) Beeper means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.
(c) Provider of paging services means an entity, other than a public utility, that provides paging service to a beeper.
(d) Provider of telephone service has the meaning ascribed to it in NRS 707.355.
Sec. 4. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 706.391 is hereby amended to read as follows:
706.391 1. Upon the filing of an application for a certificate of public convenience and necessity to operate as a common motor carrier , other than an operator of a tow car, or an application for modification of such a certificate, the Authority shall fix a time and place for a hearing [thereon.] on the application.
2. The Authority shall [issue such a] grant the certificate or modification if it finds that:
(a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier [;] and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;
(b) The proposed operation or the proposed modification will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate or modification will not unreasonably and adversely affect other carriers operating in the territory for which the certificate or modification is sought; [and]
(d) The proposed [service] operation or the proposed modification will benefit and protect the safety and convenience of the traveling and shipping public and the motor carrier business in this state [.] ;
(e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;
(f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and
(g) The applicant has paid all fees and costs related to the application.
3. The Authority shall not find that the potential creation of competition in a territory which may be caused by the granting of [a certificate,] the certificate or modification, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.
4. [An] In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of this chapter or any regulations adopted pursuant thereto.
κ2003 Statutes of Nevada, Page 3209 (Chapter 488, AB 518)κ
violated any provision of this chapter or any regulations adopted pursuant thereto.
5. The applicant for [such a certificate has] the certificate or modification:
(a) Has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 2 [.
5.] ; and
(b) Must pay the amounts billed to the applicant by the Authority for the costs incurred by the Authority in conducting any investigation regarding the applicant and the application.
6. The Authority may issue or modify a certificate of public convenience and necessity to operate as a common motor carrier, or issue or modify it for:
(a) The exercise of the privilege sought.
(b) The partial exercise of the privilege sought.
[6.] 7. The Authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.
[7.] 8. The Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate [.] or modification.
Sec. 6. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;
(d) Fails to obey any order, decision or regulation of the Authority or the Department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the Authority or the Department;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
without including the number of his certificate of public convenience and necessity or contract carriers permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
κ2003 Statutes of Nevada, Page 3210 (Chapter 488, AB 518)κ
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. [A person convicted of a misdemeanor for a] Any person who, in violation of the provisions of NRS 706.386 , operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421 , operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:
(a) For [the] a first offense [,] within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000 . [;] In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
(b) For a second offense within a period of 12 consecutive months and for each subsequent offense [,] that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000 . [; or
(c) For any offense,] In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months . [, or by both the prescribed fine and imprisonment.]
3. Any person who , in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity [issued pursuant to NRS 706.391] is guilty of a gross misdemeanor.
4. If a law enforcement officer witnesses a violation of [this subsection, he] any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene [.
4.] and impounded in accordance with NRS 706.476.
5. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
[5.] 6. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 7. NRS 417.145 is hereby amended to read as follows:
417.145 1. The Veterans Home Account is hereby established in the State General Fund.
2. Money received by the Executive Director or the Deputy Executive Director from:
(a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans home;
(b) Other payments for medical care and services;
(c) Appropriations made by the Legislature for veterans homes; and
κ2003 Statutes of Nevada, Page 3211 (Chapter 488, AB 518)κ
(d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans homes, if the use of such gifts has not been restricted by the donor,
must be deposited with the State Treasurer for credit to the Veterans Home Account.
3. Interest and income must not be computed on the money in the Veterans Home Account.
4. The Veterans Home Account must be administered by the Executive Director, with the advice of the Deputy Executive Director and the Nevada Veterans Services Commission, and the money deposited in the Veterans Home Account may only be expended for:
(a) The operation of veterans homes;
(b) A program or service related to a veterans home;
(c) The solicitation of other sources of money to fund a veterans home; and
(d) The purpose of informing the public about issues concerning the establishment and uses of a veterans home.
5. Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive for the use of veterans homes:
(a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or
(b) May be used in kind if the gifts are not appropriate for conversion to money.
6. All money in the Veterans Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.
7. The Gift Account for Veterans Homes is hereby established in the State General Fund. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans home, only in the manner designated by the donor. Gifts of money that the Executive Director or Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans home must be deposited with the State Treasurer for credit to the Gift Account for Veterans Homes. The interest and income earned on the money in the Gift Account for Veterans Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans Homes. Any money remaining in the Gift Account for Veterans Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.
8. The Executive Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for Veterans Homes that are attributable to the money deposited in that account pursuant to subsection 2 of NRS 482.3764.
Sec. 8. NRS 482.3764 is hereby amended to read as follows:
482.3764 1. Before the Department issues to any person, pursuant to NRS 482.3763:
(a) An initial set of special license plates, it shall:
κ2003 Statutes of Nevada, Page 3212 (Chapter 488, AB 518)κ
(1) Collect a special fee for a veterans home in the amount of $25; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.
(b) An annual renewal sticker, it shall:
(1) Collect a special fee for a veterans home in the amount of $20; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.
2. The Department shall deposit [any money] the first $100,000 collected pursuant to this section each year with the State Treasurer for credit to the [Veterans Home Account.] Gift Account for Veterans Homes, established by subsection 7 of NRS 417.145. Thereafter, any additional amount collected pursuant to this section during the year must be deposited in the State General Fund.
Sec. 9. 1. Except as otherwise provided in subsection 2, for the period beginning on June 1, 2003, and ending on July 1, 2004, the Transportation Services Authority shall not accept the submission or filing of any application for the modification of a certificate of public convenience and necessity issued to a fully regulated carrier of passengers for the operation of a livery or traditional limousine if the application for modification is to increase the number of limousines to be operated pursuant to the certificate of public convenience and necessity in a county whose population is 400,000 or more.
2. The Transportation Services Authority:
(a) Shall first publicly notice and then process, in the order in which it was received, each application for any new or modified certificate of public convenience and necessity that is received by the Authority before June 1, 2003.
(b) Except as otherwise provided in this paragraph, during the period beginning on June 1, 2003, and ending on July 1, 2004, shall accept the submission and filing of applications for a new certificate of public convenience and necessity for the operation of a livery or traditional limousine in a county whose population is 400,000 or more. Applications submitted and filed as described in this paragraph must be processed in the ordinary course of business and without undue delay. The Authority shall not, during that period:
(1) Accept the submission and filing of more than one application by any one applicant.
(2) Approve the operation of more than two livery or traditional limousines per each such application.
3. An unlimited certificate of public convenience and necessity for the operation of a livery or traditional limousine issued to a fully regulated carrier of passengers by the Transportation Services Authority is void and revoked for the period from June 1, 2003, to July 1, 2004, to the extent that the carrier has not, before June 1, 2003, registered in this state each authorized limousine covered by the certificate of public convenience and necessity.
4. As used in this section:
(a) Fully regulated carrier has the meaning ascribed to it in NRS 706.072.
κ2003 Statutes of Nevada, Page 3213 (Chapter 488, AB 518)κ
(b) Livery limousine means a motor vehicle that is engaged in the general transportation of persons for compensation and not operated on a regular schedule or over regular routes and:
(1) Was a light truck, as that term is defined in 49 C.F.R. § 523.5, at the time of its manufacture; or
(2) Was originally manufactured as having a capacity of 9 or more persons but less than 16 persons, including the driver.
The term does not include a limousine for which the operator is not required to obtain a certificate of public convenience and necessity from the Transportation Services Authority.
(c) Traditional limousine means a motor vehicle that is engaged in the general transportation of persons for compensation and not operated on a regular schedule or over regular routes and:
(1) Was a passenger automobile, as that term is defined in 49 C.F.R. § 523.4, at the time of its manufacture and was later modified to increase its length; or
(2) Has a capacity of less than nine persons, including the driver.
Sec. 10. 1. The Legislative Commission shall direct a study of issues relating to the allocation of limousines.
2. The study must consider:
(a) Whether an allocation system is appropriate for the issuance of certificates of public convenience and necessity for limousines operated in a county whose population is 400,000 or more;
(b) Whether the budgetary needs of the Transportation Services Authority are being met at a level that will ensure optimum regulation of limousines, combined with an assessment of the probable effect on operators of any additional regulatory fees; and
(c) Such other issues regarding the regulation of limousines as the Commission deems appropriate.
3. The Commission may apply for any available grants and accept gifts, grants or donations to assist the Commission in conducting the study.
4. The Commission may contract with or enter into an agreement with a public or private agency that has the experience necessary to conduct a study of the type described in subsection 2.
5. The Commission shall, on or before April 30, 2004, submit the final results of the study to the Transportation Services Authority. The Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.
Sec. 11. 1. On or before May 28, 2004, the Legislative Commission shall, based upon information gathered during the study described in section 10 of this act, provide to the Transportation Services Authority the recommendation of the Commission as to whether the Authority should establish by regulation a system of allocations for limousines.
2. The Authority shall consider the recommendation of the Commission and if the Authority determines, based upon information gathered during the study, that it would be advisable to establish a system of allocations for limousines, the Authority may, except as otherwise provided in subsection 3, adopt regulations in accordance with chapter 233B of NRS establishing a system of allocations for limousines. If established, such a system must set forth the number of limousines that may be operated by a person who holds a certificate of public convenience and necessity for the operation of a livery or traditional limousine, as applicable.
κ2003 Statutes of Nevada, Page 3214 (Chapter 488, AB 518)κ
certificate of public convenience and necessity for the operation of a livery or traditional limousine, as applicable.
3. On or before June 15, 2004, the Authority shall publicly announce whether it will establish by regulation a system of allocations for limousines.
4. As used in this section:
(a) Livery limousine has the meaning ascribed to it in section 9 of this act.
(b) Traditional limousine has the meaning ascribed to it in section 9 of this act.
Sec. 12. The provisions of this act do not limit, prohibit, restrict or otherwise affect the consideration of or processing of any application for:
1. A new certificate of public convenience and necessity; or
2. The modification of a certificate of public convenience and necessity,
that is filed with or submitted to the Transportation Services Authority before June 1, 2003.
Sec. 13. 1. This section, sections 1 to 6, inclusive, and 9 to 12, inclusive, of this act become effective upon passage and approval.
2. Sections 7 and 8 of this act become effective on July 1, 2005.
________
Senate Bill No. 59Senator Rhoads
CHAPTER 489
AN ACT relating to education; revising provisions governing approval by the Superintendent of Public Instruction for the board of trustees of a school district to provide a program of instruction based on an alternative schedule; requiring certain reports regarding alternative schedules to be prepared by the boards of trustees of certain school districts and the Superintendent of Public Instruction; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district, including, without limitation, a program of distance education provided by the school district, or pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Pupils who reside in the county and are enrolled part time in a program of distance education if an agreement is filed with the Superintendent of Public Instruction pursuant to NRS 388.854 or 388.858, as applicable.
κ2003 Statutes of Nevada, Page 3215 (Chapter 489, SB 59)κ
Superintendent of Public Instruction pursuant to NRS 388.854 or 388.858, as applicable.
(e) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(f) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560 and pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.580.
(g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.
(h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).
2. The State Board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the State Board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days [.] , or its equivalent for those public schools operating under an alternative schedule authorized pursuant to NRS 388.090.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS 388.700, the State Board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the Superintendent of Public Instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the State Board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the State Board may direct him to withhold the quarterly apportionment entirely.
4. The provisions of subsection 3 do not apply to a charter school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.
Sec. 2. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise [permitted pursuant to] provided in this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.
κ2003 Statutes of Nevada, Page 3216 (Chapter 489, SB 59)κ
2. Except for an alternative schedule described in subsection 3, the Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize the school district to provide a program of instruction based on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction that would be provided in a program of instruction consisting of 180 school days. The Superintendent of Public Instruction shall notify the board of trustees of the school district of the approval or denial of the application not later than 30 days after the Superintendent of Public Instruction receives the application. An alternative schedule proposed pursuant to this subsection must be developed in accordance with chapter 288 of NRS. If a school district is located in a county whose population is 100,000 or more, the school district may not submit an application pursuant to this subsection unless the proposed alternative schedule of the school district will apply only to a rural portion or a remote portion of the county in which the school district is located, as defined by the State Board pursuant to subsection 8.
3. The Superintendent of Public Instruction may, upon application by [a] the board of trustees [,] of a school district, authorize a reduction of not more than 15 school days in [a] that particular district to establish or maintain an alternative schedule consisting of a 12-month school program [or a program involving alternative scheduling,] if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a [greater] number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the Superintendent of Public Instruction must find that the proposed alternative schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding . [, or to establish and maintain a program of alternative schooling, including, without limitation, a program of distance education provided by the board of trustees pursuant to NRS 388.820 to 388.874, inclusive.
3.] 4. The Superintendent of Public Instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.
[4.] The provisions of this subsection do not apply to an alternative schedule approved pursuant to subsection 2.
5. The number of minutes of instruction required for a particular group of pupils in a program of instruction based on an alternative schedule approved pursuant to this section must be determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.
6. Each school district shall schedule at least 3 contingent days of school , or its equivalent if the school district operates under an alternative schedule authorized pursuant to this section, in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.
κ2003 Statutes of Nevada, Page 3217 (Chapter 489, SB 59)κ
[5.] 7. If more than 3 days of free school , or its equivalent if the school district operates under an alternative schedule authorized pursuant to this section, are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the Superintendent of Public Instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the Superintendent of Public Instruction.
[6.] 8. The State Board shall adopt regulations [providing] :
(a) Providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.
(b) Defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.
Sec. 3. NRS 391.3115 is hereby amended to read as follows:
391.3115 1. The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employees leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less , or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to them.
Sec. 4. NRS 392.019 is hereby amended to read as follows:
392.019 1. Except as otherwise provided in this subsection, if a child is exempt from compulsory attendance pursuant to NRS 392.070, 392.100 or 392.110, and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days, or its equivalent if the child resides in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, including, without limitation, employment with a motion picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this subsection apply during the period of a childs employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory attendance at the time his contract with the entity is under negotiation.
2. If such a child is exempt from compulsory attendance pursuant to NRS 392.100 or 392.110, the tutoring or other educational or instructional services received by the child pursuant to subsection 1 must be approved by the board of trustees of the school district in which the child resides.
κ2003 Statutes of Nevada, Page 3218 (Chapter 489, SB 59)κ
services received by the child pursuant to subsection 1 must be approved by the board of trustees of the school district in which the child resides.
Sec. 5. NRS 392.435 is hereby amended to read as follows:
392.435 1. Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state unless his parents or guardian submit to the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child has been accepted for enrollment a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the State Board of Health may determine.
2. The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or his designee or a registered nurse or his designee, attesting that the certificate accurately reflects the childs record of immunization.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days , or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.
5. Before December 31 of each year, each school district and the governing body of each charter school shall report to the Health Division of the Department of Human Resources, on a form furnished by the Division, the exact number of pupils who have completed the immunizations required by this section.
6. The certificate of immunization must be included in the pupils academic or cumulative record and transferred as part of that record upon request.
Sec. 6. NRS 62.224 is hereby amended to read as follows:
62.224 1. In addition to any other action authorized pursuant to the provisions of this chapter, if a child is found to be in need of supervision because he is a habitual truant, the court shall:
(a) The first time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to:
κ2003 Statutes of Nevada, Page 3219 (Chapter 489, SB 59)κ
(I) Pay a fine of not more than $100 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.2175; or
(II) Perform not less than 8 hours but not more than 16 hours of community service in compliance with the provisions of subsection 3; and
(2) If the child is 14 years of age or older, order the suspension of the childs drivers license for at least 30 days but not more than 6 months. If the child does not possess a drivers license, the court shall prohibit the child from applying for a drivers license for 30 days:
(I) Immediately following the date of the order if the child is eligible to apply for a drivers license; or
(II) After the date he becomes eligible to apply for a drivers license if the child is not eligible to apply for a drivers license.
(b) The second or any subsequent time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to:
(I) Pay a fine of not more than $200 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.2175;
(II) Perform not more than 10 hours of community service in compliance with the provisions of subsection 3; or
(III) Comply with the requirements set forth in both sub‑subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the suspension of the childs drivers license for at least 60 days but not more than 1 year. If the child does not possess a drivers license, the court shall prohibit the child from applying for a drivers license for 60 days:
(I) Immediately following the date of the order if the child is eligible to apply for a drivers license; or
(II) After the date he becomes eligible to apply for a drivers license if the child is not eligible to apply for a drivers license.
2. The court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days , or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.
3. The community service ordered pursuant to paragraph (a) or (b) of subsection 1 must be performed:
(a) For and under the supervising authority of a county, city, town or other political subdivision or agency of this state or a charitable organization that renders service to the community or its residents; and
(b) At the childs school of attendance, if practicable.
4. If the court issues an order suspending a childs drivers license pursuant to subsection 1, the court shall require the child to surrender to the court all drivers licenses then held by the child.
Sec. 7. 1. If the board of trustees of a school district provides a program of instruction based upon an alternative schedule pursuant to subsection 2 of section 2 of this act, the board of trustees shall, on or before December 31, 2004, submit a written report to the Superintendent of Public Instruction. The report must include:
(a) A description of the alternative schedule; and
κ2003 Statutes of Nevada, Page 3220 (Chapter 489, SB 59)κ
(b) An evaluation of the effect of the alternative schedule on the pupils, parents and legal guardians and community.
2. The Superintendent of Public Instruction shall:
(a) Compile the reports, if any, submitted pursuant to subsection 1; and
(b) On or before February 1, 2005, submit a written report of the compilation to the Director of the Legislative Counsel Bureau for transmission to the 73rd Session of the Nevada Legislature.
Sec. 8. This act becomes effective on July 1, 2003.
________
Senate Bill No. 144Committee on Government Affairs
CHAPTER 490
AN ACT relating to the Division of State Parks of the State Department of Conservation and Natural Resources; authorizing, under certain circumstances, the Administrator of the Division to charge and collect a fee for administering certain federal grants for the planning, acquisition or development of outdoor recreational projects; requiring the Legislature to approve any change to the name of a state park, monument or recreational area; requiring the Administrator of the Division to provide an annual permit to enter all state parks and recreational areas; authorizing the Division to enter into cooperative agreements with certain political subdivisions of this state to establish and maintain certain parks; providing for the allocation of certain bonds proceeds for historic restoration projects in Virginia City and Lincoln County; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Administrator, subject to the approval of the Director, may charge and collect from each grant recipient a fee for administering the federal grants provided to the State of Nevada and its political subdivisions for the planning, acquisition or development of outdoor recreational projects pursuant to the Land and Water Conservation Fund established by 16 U.S.C. § 460l-5 to the extent that such a fee does not violate the terms of such a federal grant.
2. If a fee is charged pursuant to subsection 1:
(a) The fee must by charged only once annually.
(b) The total of all fees collected annually pursuant to subsection 1 must not exceed an amount equal to the annual salary of a half-time position the duty of which is to administer the federal grants.
3. Notwithstanding any other specific provision to the contrary, if a fee is charged to the Division pursuant to subsection 1, the fee may be paid from money received by the Division for the planning, acquisition or development of outdoor recreational projects regardless of the source of the money to the extent that such payment of the fee does not violate the terms of any federal grant awarded to the State of Nevada.
κ2003 Statutes of Nevada, Page 3221 (Chapter 490, SB 144)κ
development of outdoor recreational projects regardless of the source of the money to the extent that such payment of the fee does not violate the terms of any federal grant awarded to the State of Nevada.
Sec. 3. 1. Any money the Administrator receives pursuant to section 2 of this act:
(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;
(b) Does not revert to the State General Fund at the end of any fiscal year; and
(c) May be used by the Administrator only to pay the costs of administering the federal grants provided for the planning, acquisition or development of outdoor recreational projects pursuant to the Land and Water Conservation Fund established by 16 U.S.C. § 460l-5. The costs of administering those federal grants include, without limitation, costs for the salary, travel expenses and per diem allowances of the person whose duty is to administer the federal grants.
2. Any interest or income earned on the money in the account, after deducting applicable charges, must be credited to the account. Any claims against the account must be paid in the manner that other claims against the State are paid.
Sec. 4. NRS 407.065 is hereby amended to read as follows:
407.065 1. The Administrator, subject to the approval of the Director:
(a) [May] Except as otherwise provided in this paragraph, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.
(b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.
(c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.
(d) Shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue, upon application therefor and proof of residency and age, an annual permit for entering, camping and boating in all state parks and recreational areas in this state to any person who is 65 years of age or older and has resided in this state for at least 5 years immediately preceding the date on which the application is submitted. The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.
(e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.
(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.
κ2003 Statutes of Nevada, Page 3222 (Chapter 490, SB 144)κ
a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the State General Fund.
(g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.
2. The Administrator:
(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this state and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and
(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this state and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.
3. An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.
4. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2 must be deposited in the State General Fund.
Sec. 5. NRS 407.068 is hereby amended to read as follows:
407.068 1. As used in this section:
(a) Controlling subdivision means any political subdivision of this state, including irrigation, water conservancy and other districts, which owns or controls a site suited to a public park.
(b) Other state agency means any other agency of this state which owns or controls a site suited to a public park or is engaged in park and recreation development.
(c) Park includes any recreational facility.
(d) Using subdivision means any political subdivision of this state which is authorized to establish and maintain public parks.
2. The Administrator, subject to the approval of the Director, may enter into cooperative agreements for the operation of parks, not a part of the Division but which are of state park caliber, with any other state agency, controlling subdivision or using subdivision, for the primary purpose of establishing or maintaining a park where:
(a) A controlling subdivision is not authorized to establish or maintain parks; or
(b) A using subdivision would be subjected to an unfair financial burden through extensive use of the park by nonresidents of the using subdivision.
3. Such an agreement [shall] must include:
(a) The Division;
(b) The using subdivision in which the site is located; and
κ2003 Statutes of Nevada, Page 3223 (Chapter 490, SB 144)κ
(c) The controlling subdivision or other state agency.
The agreement may include any other using subdivision whose residents may be expected to make substantial use of the park.
4. The Division shall apportion the cost of operation, or the combined state and local shares of the cost if federal funds are also received, as follows:
(a) As between the State and the using subdivision or subdivisions, on the basis of the number of persons residing outside the using subdivisions, as against the number of residents of such subdivisions, who are estimated or anticipated by the Division to use the park.
(b) As between two or more using subdivisions, on the basis of the number of residents of each so estimated or anticipated to use the park.
5. In addition to the cooperative agreements authorized pursuant to subsection 2, the Administrator, subject to the approval of the Director, may enter into a cooperative agreement with a using subdivision for the purpose of establishing and maintaining a park that:
(a) Is under the jurisdiction of the Division; and
(b) Will be used primarily by residents of the using subdivision.
Sec. 6. NRS 407.0762 is hereby amended to read as follows:
407.0762 1. The Account for Maintenance of State Parks within the Division of State Parks is hereby created in the State General Fund. Except as otherwise provided in NRS 407.0765, any amount of fees collected pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the Divisions budget for the fiscal year beginning in that calendar year, must be deposited in the Account. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
2. The money in the Account does not lapse to the State General Fund at the end of any fiscal year.
3. The money deposited in the Account pursuant to subsection 1 must only be used to repair and maintain state parks, monuments and recreational areas.
4. Before the Administrator may expend money pursuant to subsection 3:
(a) For emergency repairs and projects with a cost of less than $25,000, he must first receive the approval of the Director.
(b) For projects with a cost of $25,000 or more, other than emergency repairs, he must first receive the approval of the Director and of the Interim Finance Committee.
Sec. 7. NRS 407.209 is hereby amended to read as follows:
407.209 The Administrator, subject to the approval of the director, shall make no commitment, nor shall he enter into any agreement pursuant to NRS 407.205 [to 407.209, inclusive,] , 407.207 and 407.209 and sections 2 and 3 of this act until he has determined that sufficient funds are available to the Division for meeting the States share, if any, of project costs. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under NRS 407.205 [to 407.209, inclusive,] , 407.207 and 407.209 and sections 2 and 3 of this act such areas and facilities [shall] must be publicly maintained for outdoor recreation purposes. The Administrator, subject to the approval of the Director, may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal aid funds on behalf of any political subdivision or subdivisions of this state if such subdivision or subdivisions give necessary assurances to the Division that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.
κ2003 Statutes of Nevada, Page 3224 (Chapter 490, SB 144)κ
Director, may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal aid funds on behalf of any political subdivision or subdivisions of this state if such subdivision or subdivisions give necessary assurances to the Division that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.
Sec. 8. Notwithstanding the provisions of chapter 6, Statutes of Nevada 2001, Special Session, from the $20,000,000 in general obligation bonds allocated to the State Department of Conservation and Natural Resources to be administered by the Division of State Lands pursuant to subparagraph (5) of paragraph (a) of subsection 7 of section 2 of that act:
1. The sum of $150,000 must be allocated to Virginia City for distribution to the Comstock Cemetery Foundation for restoration of historic Virginia City cemetery if a commitment for at least a 100 percent matching amount of money from one or more federal grants is obtained for the cost of the restoration project. This allocation must be made from the first bonds sold pursuant to chapter 6 of Statutes of Nevada 2001, Special Session.
2. The sum of $136,000 must be allocated to Lincoln County for the restoration of the historic fairgrounds in Panaca, Nevada, if a commitment is received from Lincoln County to match the allocated money through the provision of all labor for the restoration project. This allocation must be made from the second group of bonds sold pursuant to chapter 6 of Statutes of Nevada 2001, Special Session.
Sec. 9. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 3225κ
Assembly Bill No. 493Committee on Commerce and Labor
CHAPTER 491
AN ACT relating to state financial administration; providing that certain money collected by the Commissioner of Financial Institutions and the Division of Financial Institutions of the Department of Business and Industry must be deposited in the State Treasury and accounted for separately in the State General Fund; providing that the money deposited in the State Treasury by the Commissioner and the Division and accounted for separately in the State General Fund must be used to carry out the programs and pay for the expenses of the Commissioner and the Division; providing that the Commissioner shall collect an assessment from certain financial institutions for the purpose of recovering the cost to the Commissioner for legal services provided by the Attorney General to the Commissioner and the Division; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 658 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided by law, any money appropriated to the Commissioner or the Division and any money collected by the Commissioner or Division pursuant to law:
(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and
(b) May only be used to:
(1) Carry out the programs and laws administered by the Commissioner and the Division; and
(2) Pay the expenses related to the operations of the Commissioner and the Division.
2. Except as otherwise provided by law, any money that remains in the account at the end of the fiscal year, does not revert to the State General Fund, and the balance of the account must be carried forward to the next fiscal year.
3. The Commissioner shall administer the account. Any interest or income earned on the money in the account must be credited to the account, after deducting any applicable charges. Any claims against the account must be paid as other claims against the State are paid.
Sec. 3. 1. On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:
(a) Check-cashing service or deferred deposit service that is supervised pursuant to chapter 604 of NRS;
(b) Escrow agent that is supervised pursuant to chapter 645A of NRS;
(c) Mortgage broker that is supervised pursuant to chapter 645B of NRS;
κ2003 Statutes of Nevada, Page 3226 (Chapter 491, AB 493)κ
(d) Mortgage company that is supervised pursuant to chapter 645E of NRS;
(e) Collection agency that is supervised pursuant to chapter 649 of NRS;
(f) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;
(g) Trust company that is supervised pursuant to chapter 669 of NRS;
(h) Development corporation that is supervised pursuant to chapter 670 of NRS;
(i) Corporation for economic revitalization and diversification that is supervised pursuant to chapter 670A of NRS;
(j) Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;
(k) Savings and loan association that is supervised pursuant to chapter 673 of NRS;
(l) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;
(m) Person engaged in the business of debt adjusting that is supervised pursuant to chapter 676 of NRS;
(n) Thrift company that is supervised pursuant to chapter 677 of NRS; and
(o) Credit union that is supervised pursuant to chapter 678 of NRS.
2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.
3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:
(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or
(b) Any other reasonable basis adopted by the Commissioner.
4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.
5. Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of section 2 of this act.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 658.096 is hereby amended to read as follows:
658.096 1. The Commissioner shall charge and collect the following fees in connection with his official duties:
(a) For licensing of state banks:
(1) A fee of $200 for each parent bank, payable on June 30 of each year.
κ2003 Statutes of Nevada, Page 3227 (Chapter 491, AB 493)κ
(2) A fee of $100 for each branch bank or trust office, payable on June 30 of each year.
The fees must accompany the application for renewal of the license. A penalty of 10 percent of the fee must be charged for each month or part of a month that the fees are not paid after June 30 of each year.
(b) For applications for new branch banks or trust offices, a nonrefundable fee of $200 for the application and survey, to be paid by the applicant at the time of making the application. The applicant must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this paragraph must be placed in the Investigative Account created by NRS 232.545.
(c) For examinations and the examination of trust departments of state banks or trust offices, a fee for conducting the examination and for preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.
2. Except as otherwise provided in paragraph (b) of subsection 1, all money collected pursuant to this section must be [paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
3. As used in this section, trust office has the meaning ascribed to it in subsection 4 of NRS 662.239.
Sec. 6. NRS 658.145 is hereby amended to read as follows:
658.145 1. The Commissioner may offer, under such conditions as he may deem proper, rewards not to exceed the sum of $500 in any one case for the arrest and conviction of any officer, director, agent or employee of any bank charged with violating any of the laws of this state relating to banks and banking for which a criminal penalty is provided, or for the arrest and conviction of any person charged with stealing, with or without force, any money, property or thing of value of any bank.
2. The [State Treasurer] Commissioner shall pay out of the money deposited to the State [General Fund] Treasury pursuant to the provisions of section 2 of this act all such rewards . [when they are approved by the State Board of Examiners in the usual manner for allowing other claims against the State.]
Sec. 7. NRS 669.190 is hereby amended to read as follows:
669.190 1. The initial fee to be paid for a trust company license must be in proportion to the initial stockholders equity of the trust company as follows:
(a) A trust company with an initial stockholders equity of not less than $300,000 but not more than $500,000 must pay a license fee of $500.
(b) A trust company with an initial stockholders equity of more than $500,000 but not more than $1,000,000 must pay a license fee of $750.
(c) A trust company with an initial stockholders equity of more than $1,000,000 must pay a license fee of $1,000.
2. In addition, every trust company must pay an initial license fee of $100 for each branch office that is authorized by the Commissioner.
3. Thereafter, every trust company must pay annually on or before April 1 of each year a license fee which must be in proportion to its existing stockholders equity as follows:
(a) A trust company with an existing stockholders equity of not less than $300,000 but not more than $500,000 must pay a license fee of $500.
κ2003 Statutes of Nevada, Page 3228 (Chapter 491, AB 493)κ
(b) A trust company with an existing stockholders equity of more than $500,000 but not more than $1,000,000 must pay a license fee of $750.
(c) A trust company with an existing stockholders equity of more than $1,000,000 must pay a license fee of $1,000.
4. All money collected under the provisions of this section must be [paid into] deposited in the State [General Fund and the State Treasurer shall issue a receipt therefor.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 8. NRS 669.250 is hereby amended to read as follows:
669.250 1. For each examination of a trust companys books and records required or authorized under this chapter, the Commissioner shall charge and collect from the trust company a fee for conducting the examination and in preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.
2. All money collected under this section must be [paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
3. The Commissioner shall examine a licensee as often as he deems necessary.
Sec. 9. NRS 670.310 is hereby amended to read as follows:
670.310 Except as otherwise provided in NRS 670.115, all money collected pursuant to the provisions of this chapter must be [paid into] deposited in the State [General Fund] Treasury pursuant to the provisions of section 2 of this act.
Sec. 10. NRS 671.070 is hereby amended to read as follows:
671.070 1. A license issued pursuant to this chapter expires on June 30 of the year following its issuance and thereafter expires on June 30 of each year, unless it is earlier surrendered, suspended or revoked.
2. The license may be renewed from year to year upon the approval of the Commissioner if the licensee files an application conforming to the requirements for an initial application at least 60 days before the expiration of his current license.
3. An application for the renewal of the license must be accompanied by a fee of $200. No investigation fee may be charged for the renewal of the license. If the application or fee for renewal is not filed within the required time, the Commissioner may renew the expired license upon receipt of the application and fee for renewal, and a fee of $200 for late renewal.
4. All fees collected pursuant to this section must be deposited in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 645A.040 is hereby amended to read as follows:
645A.040 1. Every license issued pursuant to the provisions of this chapter expires on July 1 of each year if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for the succeeding year.
2. The fees for the issuance or renewal of a license for an escrow agency are:
(a) For filing an application for an initial license, $500 for the principal office and $100 for each branch office. All money received by the Commissioner pursuant to this paragraph must be placed in the Investigative Account created by NRS 232.545.
κ2003 Statutes of Nevada, Page 3229 (Chapter 491, AB 493)κ
(b) If the license is approved for issuance, $200 for the principal office and $100 for each branch office. The fee must be paid before issuance of the license.
(c) For filing an application for renewal, $200 for the principal office and $100 for each branch office.
3. The fees for the issuance or renewal of a license for an escrow agent are:
(a) For filing an application for an initial license or for the renewal of a license, $100.
(b) If a license is approved for issuance or renewal, $25. The fee must be paid before the issuance or renewal of the license.
4. If a licensee fails to pay the fee for the annual renewal of his license before its expiration, his license may be renewed only upon the payment of a fee 1 1/2 times the amount otherwise required for renewal. A license may be renewed pursuant to this subsection only if all the fees are paid within 1 year after the date on which the license expired.
5. In addition to the other fees set forth in this section, each applicant or licensee shall pay:
(a) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
(b) For filing any change of information contained in the application, $10.
(c) For each change of association with an escrow agency, $25.
6. Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.
Sec. 13. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A license issued pursuant to this chapter expires each year on June 30, unless it is renewed. To renew a license, the licensee must submit to the Commissioner on or before June 30 of each year:
(a) An application for renewal;
(b) The fee required to renew the license pursuant to this section; and
(c) The information required pursuant to NRS 645B.051.
2. If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or before June 30 of any year, the license is cancelled. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner:
(a) An application for renewal;
(b) The fee required to renew the license pursuant to this section;
(c) The information required pursuant to NRS 645B.051; and
(d) Except as otherwise provided in this section, a reinstatement fee of $200.
3. Except as otherwise provided in NRS 645B.016, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or before December 31 of each year:
(a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter; and
(b) The fee required to renew the certificate of exemption.
4. If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or before December 31 of any year, the certificate of exemption is cancelled.
κ2003 Statutes of Nevada, Page 3230 (Chapter 491, AB 493)κ
of exemption is cancelled. Except as otherwise provided in NRS 645B.016, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner:
(a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter;
(b) The fee required to renew the certificate of exemption; and
(c) Except as otherwise provided in this section, a reinstatement fee of $100.
5. Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage broker pursuant to this chapter:
(a) To file an original application for a license, $1,500 for the principal office and $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this paragraph must be placed in the Investigative Account created by NRS 232.545.
(b) To be issued a license, $1,000 for the principal office and $60 for each branch office.
(c) To renew a license, $500 for the principal office and $100 for each branch office.
6. Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:
(a) To file an application for a certificate of exemption, $200.
(b) To renew a certificate of exemption, $100.
7. To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of $10.
8. Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.
9. The Commissioner may, by regulation, increase any fee set forth in this section if the Commissioner determines that such an increase is necessary for the Commissioner to carry out his duties pursuant to this chapter. The amount of any increase in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his duties pursuant to this chapter.
Sec. 14. NRS 645E.280 is hereby amended to read as follows:
645E.280 1. A license issued to a mortgage company pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a license, the licensee must submit to the Commissioner on or before December 31 of each year:
(a) An application for renewal that complies with the requirements of this chapter; and
(b) The fee required to renew the license pursuant to this section.
2. If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or before December 31 of any year, the license is cancelled. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner:
κ2003 Statutes of Nevada, Page 3231 (Chapter 491, AB 493)κ
(a) An application for renewal that complies with the requirements of this chapter;
(b) The fee required to renew the license pursuant to this section; and
(c) A reinstatement fee of $200.
3. Except as otherwise provided in NRS 645E.160, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or before December 31 of each year:
(a) An application for renewal that complies with the requirements of this chapter; and
(b) The fee required to renew the certificate of exemption.
4. If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or before December 31 of any year, the certificate of exemption is cancelled. Except as otherwise provided in NRS 645E.160, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner:
(a) An application for renewal that complies with the requirements of this chapter;
(b) The fee required to renew the certificate of exemption; and
(c) A reinstatement fee of $100.
5. A person must pay the following fees to apply for, to be issued or to renew a license as a mortgage company pursuant to this chapter:
(a) To file an original application for a license, $1,500 for the principal office and $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this paragraph must be placed in the Investigative Account created by NRS 232.545.
(b) To be issued a license, $1,000 for the principal office and $60 for each branch office.
(c) To renew a license, $500 for the principal office and $100 for each branch office.
6. A person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:
(a) To file an application for a certificate of exemption, $200.
(b) To renew a certificate of exemption, $100.
7. To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of $10.
8. Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.
Sec. 15. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable fee of $250 for the application and survey must accompany each new application for a license as a collection agency. The applicant shall also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this subsection must be placed in the Investigative Account created by NRS 232.545.
2. A fee of not less than $100 nor more than $300, prorated on the basis of the licensing year as provided by the Commissioner, must be charged for each original license issued.
κ2003 Statutes of Nevada, Page 3232 (Chapter 491, AB 493)κ
each original license issued. A fee of $200 must be charged for each annual renewal of a license.
3. A fee of $10 must be charged for each duplicate license or license for a transfer of location issued.
4. A nonrefundable investigation fee of $75 must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a license as a collection agency.
5. A fee of $20 must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 must be charged for the reinstatement of a managers certificate.
7. A fee of $5 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the Commissioner for good cause shown.
8. A nonrefundable fee of $125 for the application and an examination must accompany each application for a permit to operate a branch office of a licensed collection agency. A fee of $100 must be charged for each annual renewal of such a permit.
9. For each examination the Commissioner shall charge and collect from the licensee a fee for conducting the examination and preparing and typing the report of the examination at the rate established pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is a ground for revoking the collection agencys license.
10. Except as otherwise provided in subsection 1, all money received by the Commissioner pursuant to this chapter must be deposited in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.
Sec. 16. NRS 673.060 is hereby amended to read as follows:
673.060 Except as otherwise provided in NRS 673.080, 673.112 and 673.595:
1. All fees, charges for expenses, assessments and other money collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter must be [paid into the State General Fund.] deposited in the State Treasury pursuant to the provisions of section 2 of this act.
2. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from the money deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 17. NRS 673.260 is hereby amended to read as follows:
673.260 1. The license mentioned in NRS 673.250 authorizes the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license is renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the Commissioner is:
(a) For each home office, $200.
(b) For each branch office, $100.
3. The fees must accompany the license renewal application. A penalty of 10 percent of the fee payable must be charged for each month or part thereof that the fees are not paid after June 30 of each year.
κ2003 Statutes of Nevada, Page 3233 (Chapter 491, AB 493)κ
4. All sums so received by the Commissioner must be [forthwith delivered to the State Treasurer and must be paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 18. NRS 673.270 is hereby amended to read as follows:
673.270 1. No person may, as a soliciting agent, soliciting representative or employee of any foreign or domestic company, association or corporation, or in any other capacity, sell or solicit sales for any securities such as investment certificates or savings accounts or contract for the sale of securities until he is first licensed as a salesman or solicitor for sales of those securities by the Commissioner.
2. No person may be licensed for a period of more than 1 year, and he may not be licensed until he has first satisfied the Commissioner as to his personal integrity.
3. For the issuing of any license provided for in this section and for any renewal thereof, the fee of the Commissioner is $5. All sums so received by the Commissioner must be [delivered to the State Treasurer and must be paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
4. Tellers or other employees of an insured savings and loan association are exempt from the licensing requirements unless their employment entails soliciting sales outside their respective offices as commission salesmen.
Sec. 19. NRS 673.318 is hereby amended to read as follows:
673.318 Every association shall appraise each parcel of real estate at the time of acquisition thereof. The report of each appraisal must be submitted in writing to the board of directors and must be kept in the records of the association. The Commissioner may require the appraisal of real estate securing loans by an appraiser selected by the Commissioner. The association whose securities are appraised under this section shall pay the expense of the appraisal to the Commissioner upon demand. Money so received must be [paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act. Copies of appraisals must be furnished to the association.
Sec. 20. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each association doing business in this state shall file annually with the Commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report must contain, in such form and detail as the Commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of stock.
(b) A statement of its assets, liabilities and capital accounts as of the immediately preceding December 31.
(c) Any other facts which the Commissioner requires.
This section must be furnished in duplicate, one certified copy to be returned for publication at least two times in a newspaper having a general circulation in each county in which the association maintains an office. Publication must be completed on or before May 1, and proof of publication must be filed in the office of the Commissioner.
3. One section of the annual report must contain such other information as the Commissioner may require to be furnished. This section need not be published and must be treated as confidential by the Commissioner.
κ2003 Statutes of Nevada, Page 3234 (Chapter 491, AB 493)κ
4. The Commissioner may impose and collect a penalty of $5 for each day the annual report is overdue, up to a maximum of $500. Every association shall pay to the Commissioner for supervision and examination a fee based on the rate established pursuant to NRS 658.101.
5. All sums so received by the Commissioner must be [delivered to the State Treasurer and paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 21. NRS 673.460 is hereby amended to read as follows:
673.460 1. Whenever in connection with an examination it is necessary or expedient that the Commissioner or his deputy, or both, leave this state, there must be assessed against the organization under examination a fee of $25 per day for each person while without the State in connection with an examination, together with all actual and necessary expenses.
2. The fee charged must be remitted to the Commissioner, who shall [deliver it to the State Treasurer. The fees shall be paid into] deposit the fees in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 22. NRS 675.160 is hereby amended to read as follows:
675.160 Except as otherwise provided in NRS 675.100, all fees and charges collected under the provisions of this chapter must be [paid into] deposited in the State [General Fund, and the State Treasurer shall issue his receipt therefor.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 23. NRS 675.400 is hereby amended to read as follows:
675.400 1. At least once each year, the Commissioner or his authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of the licensee so far as they pertain to the business licensed under this chapter.
2. For each examination the Commissioner shall charge and collect from the licensee a fee for conducting the examination and preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.
3. All money collected by the Commissioner pursuant to subsection 2 must be deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 24. NRS 676.170 is hereby amended to read as follows:
676.170 Except as otherwise provided in NRS 676.130, all fees and charges collected under the provisions of this chapter must be [paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 25. NRS 677.390 is hereby amended to read as follows:
677.390 Except as otherwise provided in NRS 677.160, all fees and charges collected under the provisions of this chapter must be deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.
Sec. 26. NRS 678.260 is hereby amended to read as follows:
678.260 The Commissioner shall:
1. Adopt a regulation establishing the minimum surety bond required of credit unions in relation to the amount of property under their control.
2. Adopt a regulation that sets forth the records a credit union must keep and prescribes the period for which those records must be retained.
κ2003 Statutes of Nevada, Page 3235 (Chapter 491, AB 493)κ
3. Maintain the original application of every credit union in a permanent file.
4. Maintain for at least 6 years, every report filed by a credit union with the Division of Financial Institutions.
5. Except as otherwise provided in NRS 678.800 and 678.810, deposit all fees, charges for expenses, assessments and other money which is collected pursuant to the provisions of this chapter or any regulation adopted [thereunder,] pursuant thereto in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.
6. Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.
Secs. 27 and 28. (Deleted by amendment.)
Sec. 29. 1. This act becomes effective upon passage and approval for the purposes of performing any preparatory administrative tasks and adopting any regulations necessary to carry out the provisions of this act and on July 1, 2003, for all other purposes.
2. Sections 12 and 13 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
________
κ2003 Statutes of Nevada, Page 3236κ
Assembly Bill No. 444Committee on Transportation
CHAPTER 492
AN ACT relating to transportation; authorizing vehicles used by the Department of Transportation in the construction, maintenance or repair of highways to be equipped with tail lamps that emit nonflashing blue light under certain circumstances; providing an additional penalty for a violation of certain traffic laws in an area designated as a temporary traffic control zone for construction, maintenance or repair of a highway; requiring prosecution of a failure to comply with signals of flagmen under certain circumstances; exempting certain benches, shelters and stations for passengers of public mass transportation for which a franchise has been granted from certain prohibitions against outdoor advertising; requiring a franchisee to use revenues it receives from such authorized advertising for the repayment of certain financial obligations; extending the prohibition against the driver of a motor vehicle allowing a person to ride upon or within certain portions of the motor vehicle under certain circumstances; providing penalties; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
An authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways may be equipped with tail lamps that emit nonflashing blue light which may be used:
1. For vehicles that perform construction, maintenance or repair of highways, including, without limitation, vehicles used for the removal of snow, when the vehicle is engaged in such construction, maintenance or repair; and
2. For all other authorized vehicles of the Department of Transportation used in the construction, maintenance or repair of highways:
(a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and
(b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present.
Sec. 1.5. NRS 484.254 is hereby amended to read as follows:
484.254 1. It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagman serving in a traffic control capacity in a clearly marked area of highway construction or maintenance.
2. A district attorney shall prosecute all violations of subsection 1 which occur in his jurisdiction and which result in injury to any person performing highway construction or maintenance unless the district attorney has good cause for not prosecuting the violation. In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance, or in damage to property in an amount of not less than $1,000, the driver shall be punished by a fine of not less than $1,000 or more than $2,000, and ordered to perform 120 hours of community service.
κ2003 Statutes of Nevada, Page 3237 (Chapter 492, AB 444)κ
violation results in injury to any person performing highway construction or maintenance, or in damage to property in an amount of not less than $1,000, the driver shall be punished by a fine of not less than $1,000 or more than $2,000, and ordered to perform 120 hours of community service.
3. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
4. As used in this section, authorized flagman serving in a traffic control capacity means [an] :
(a) An employee of the Department of Transportation or of a contractor performing highway construction or maintenance for the Department of Transportation while he is carrying out the duties of his employment [.] ;
(b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance for the governmental entity while he is carrying out the duties of his employment; or
(c) Any other person employed by a private entity performing highway construction or maintenance while he is carrying out the duties of his employment if the person has satisfactorily completed training as a flagman approved or recognized by the Department of Transportation.
Sec. 2. NRS 484.278 is hereby amended to read as follows:
484.278 1. It is unlawful for any driver to disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.
2. No provision of this chapter for which such devices are required [shall] may be enforced against an alleged violator if at the time and place of the alleged violation [such] the device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular provision of this chapter does not state that such devices are required, [such provision shall be] the provision is effective even though no devices are erected or in place.
3. Whenever devices are placed in position approximately conforming to the requirements of this chapter, such devices [shall be] are presumed to have been so placed by the official act or direction of a public authority, unless the contrary is established by competent evidence.
4. Any device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices [shall be] is presumed to comply with the requirements of this chapter unless the contrary is established by competent evidence.
5. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 2.5. NRS 484.287 is hereby amended to read as follows:
484.287 1. It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or] 269.128 and 269.129 [.] , or on monorail stations.
κ2003 Statutes of Nevada, Page 3238 (Chapter 492, AB 444)κ
2. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.
4. A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.
5. If a franchisee receives revenues from commercial advertising authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.
6. As used in this section, monorail station means:
(a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and
(b) Any facilities or appurtenances within such a structure.
Sec. 3. NRS 484.289 is hereby amended to read as follows:
484.289 1. A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insigne thereon, or any other part thereof.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 4. NRS 484.291 is hereby amended to read as follows:
484.291 1. Upon all highways of sufficient width a vehicle [shall] must be driven upon the right half of the highway, except as follows:
[1.] (a) When overtaking and passing another vehicle proceeding in the same direction under the laws governing such movements;
[2.] (b) When the right half of the highway is closed to traffic;
[3.] (c) Upon a highway divided into three lanes for traffic under the laws applicable thereon;
[4.] (d) Upon a highway designated and posted for one-way traffic; or
[5.] (e) When the highway is not of sufficient width.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 5. NRS 484.293 is hereby amended to read as follows:
484.293 1. Drivers of vehicles proceeding in opposite directions shall pass each other keeping to the right, and upon highways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the paved portion of the highway as nearly as possible.
κ2003 Statutes of Nevada, Page 3239 (Chapter 492, AB 444)κ
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 6. NRS 484.295 is hereby amended to read as follows:
484.295 1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle upon observing the overtaking vehicle or hearing a signal. The driver of an overtaken vehicle shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 7. NRS 484.297 is hereby amended to read as follows:
484.297 1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the driver of the vehicle overtaken is making or signaling to make a left turn.
(b) Upon a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction.
(c) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.
3. The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.
4. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 8. NRS 484.299 is hereby amended to read as follows:
484.299 1. A vehicle [shall] must not be driven to the left side of the center of a two-lane, two-directional highway and overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
2. A vehicle [shall] must not be driven to the left side of the highway at any time:
(a) When approaching the crest of a grade or upon a curve in the highway where the drivers view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
(b) When approaching within 100 feet or traversing any intersection or railroad grade crossing.
(c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
3. Subsection 2 does not apply upon a one-way highway.
κ2003 Statutes of Nevada, Page 3240 (Chapter 492, AB 444)κ
4. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 9. NRS 484.301 is hereby amended to read as follows:
484.301 1. The Department of Transportation with respect to highways constructed under the authority of chapter 408 of NRS, and local authorities with respect to highways under their jurisdiction, may determine those zones of highways where overtaking and passing to the left or making a left-hand turn would be hazardous, and may by the erection of official traffic-control devices indicate such zones. When such devices are in place and clearly visible to an ordinarily observant person , every driver of a vehicle shall obey the directions thereof.
2. Except as otherwise provided in subsections 3 and 4, a driver shall not drive on the left side of the highway within such zone or drive across or on the left side of any pavement striping designed to mark such zone throughout its length.
3. A driver may drive across a pavement striping marking such zone to an adjoining highway if he has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.
4. Except where otherwise provided, a driver may drive across a pavement striping marking such a zone to make a left-hand turn if he has first given the appropriate turn signal in compliance with NRS 484.343, if it is safe and if it would not be an impediment to oncoming or following traffic.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 10. NRS 484.305 is hereby amended to read as follows:
484.305 1. If a highway has two or more clearly marked lanes for traffic traveling in one direction, vehicles must:
(a) Be driven as nearly as practicable entirely within a single lane; and
(b) Not be moved from that lane until the driver has given the appropriate turn signal and ascertained that such movement can be made with safety.
2. Upon a highway which has been divided into three clearly marked lanes a vehicle must not be driven in the extreme left lane at any time. A vehicle on such a highway must not be driven in the center lane except:
(a) When overtaking and passing another vehicle where the highway is clearly visible and the center lane is clear of traffic for a safe distance;
(b) In preparation for a left turn; or
(c) When the center lane is allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and a sign is posted to give notice of such allocation.
3. If a highway has been designed to provide a single center lane to be used only for turning by traffic moving in both directions, the following rules apply:
(a) A vehicle may be driven in the center turn lane only for the purpose of making a left-hand turn.
(b) A vehicle must not travel more than 200 feet in a center turn lane before making a left-hand turn.
4. If a highway has been designed to provide a single right lane to be used only for turning, a vehicle must:
(a) Be driven in the right turn lane only for the purpose of making a right turn; and
κ2003 Statutes of Nevada, Page 3241 (Chapter 492, AB 444)κ
(b) While being driven in the right turn lane, not travel through an intersection.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 11. NRS 484.309 is hereby amended to read as follows:
484.309 1. Every vehicle driven upon a divided highway [shall] must be driven only upon the right-hand roadway and [shall] must not be driven over, across or within any dividing space, barrier or section [nor] or make any left turn, semicircular turn or U-turn, except through an opening in the barrier or dividing section or space or at a crossover or intersection established by a public authority.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 12. NRS 484.311 is hereby amended to read as follows:
484.311 1. When official traffic-control devices are erected giving notice thereof, a person shall not drive a vehicle onto or from any controlled-access highway except at those entrances and exits which are indicated by such devices.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 13. NRS 484.335 is hereby amended to read as follows:
484.335 1. Whenever official traffic-control devices are erected indicating that no right or left turn is permitted, it is unlawful for any driver of a vehicle to disobey the directions of any such [sign.] devices.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 14. NRS 484.337 is hereby amended to read as follows:
484.337 1. A U-turn may be made on any road where the turn can be made with safety, except as prohibited by this section and by the provisions of NRS 484.309 and 484.339.
2. If an official traffic-control device indicates that a U-turn is prohibited, the driver shall obey the directions of the device.
3. The driver of a vehicle shall not make a U-turn in a business district, except at an intersection or on a divided highway where an appropriate opening or crossing place exists.
4. Notwithstanding the foregoing provisions of this section, local authorities and the Department of Transportation may prohibit U-turns at any location within their respective jurisdictions.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 15. NRS 484.361 is hereby amended to read as follows:
484.361 1. It is unlawful for any person to drive or operate a vehicle of any kind or character at:
[1.] (a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.
[2.] (b) Such a rate of speed as to endanger the life, limb or property of any person.
[3.] (c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
[4.] (d) In any event, a rate of speed greater than 75 miles per hour.
κ2003 Statutes of Nevada, Page 3242 (Chapter 492, AB 444)κ
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 16. NRS 484.363 is hereby amended to read as follows:
484.363 1. The fact that the speed of a vehicle is lower than the prescribed limits does not relieve a driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding highway, or when special hazards exist or may exist with respect to pedestrians or other traffic, or by reason of weather or other highway conditions, and speed [shall] must be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering a highway in compliance with legal requirements and the duty of all persons to use due care.
2. Any person who fails to use due care as required by subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 17. NRS 484.3667 is hereby amended to read as follows:
484.3667 1. Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit [:] , or of NRS 484.254, 484.278, 484.289, 484.291 to 484.301, inclusive, 484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363, 484.3765, 484.377, 484.379, 484.448, 484.453 or 484.479, that occurred:
(a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and
(b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,
shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
2. The [penalty imposed for the primary offense and the] additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.
3. A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service shall cause to be erected:
(a) A sign located before the beginning of such an area [which states that] stating DOUBLE PENALTIES IN WORK ZONES to indicate a double penalty [will] may be imposed [upon a person who is convicted of violating the speed limit within the temporary traffic control zone;] pursuant to this section;
κ2003 Statutes of Nevada, Page 3243 (Chapter 492, AB 444)κ
(b) A sign to mark the beginning of the temporary traffic control zone; and
(c) A sign to mark the end of the temporary traffic control zone.
4. A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.
Sec. 18. NRS 484.367 is hereby amended to read as follows:
484.367 1. Except as otherwise provided in subsection 2 and pursuant to the power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town in the county as may be deemed proper.
2. The Department of Transportation may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town which are constructed and maintained under the authority granted by chapter 408 of NRS.
3. A person who violates any speed limit established pursuant to this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 19. NRS 484.368 is hereby amended to read as follows:
484.368 1. The Department of Transportation may establish the speed limits for motor vehicles on highways which are constructed and maintained by the Department of Transportation under the authority granted to it by chapter 408 of NRS.
2. Except as otherwise provided by federal law, the Department of Transportation may establish a speed limit on such highways not to exceed 75 miles per hour and may establish a lower speed limit:
(a) Where necessary to protect public health and safety.
(b) For trucks, overweight and oversized vehicles, trailers drawn by motor vehicles and buses.
3. A person who violates any speed limit established pursuant to this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 20. NRS 484.3765 is hereby amended to read as follows:
484.3765 1. A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:
(a) Commits one or more acts of speeding in violation of NRS 484.361 or 484.366.
(b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:
(1) Failing to obey an official traffic-control device in violation of NRS 484.278.
(2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484.297.
(3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484.305.
(4) Following another vehicle too closely in violation of NRS 484.307.
(5) Failing to yield the right-of-way in violation of any provision of NRS 484.315 to 484.323, inclusive.
κ2003 Statutes of Nevada, Page 3244 (Chapter 492, AB 444)κ
(c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.
2. A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.
3. A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor. In addition to any other penalty:
(a) For the first offense within 2 years, the court shall order the driver to attend, at his own expense, a course of traffic safety approved by the Department and may issue an order suspending the drivers license of the driver for a period of not more than 30 days.
(b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the drivers license of the driver for a period of 1 year.
4. To determine whether the provisions of paragraph (a) or (b) of subsection 3 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.
5. If the driver is already the subject of any other order suspending or revoking his drivers license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.
6. If the court issues an order suspending or revoking the drivers license of the driver pursuant to this section, the court shall require the driver to surrender to the court all drivers licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the drivers licenses and a copy of the order to the Department.
7. If the driver successfully completes a course of traffic safety ordered pursuant to this section, the Department shall cancel three demerit points from his driving record in accordance with NRS 483.475, unless the driver would not otherwise be entitled to have those demerit points cancelled pursuant to the provisions of that section.
8. This section does not preclude the suspension or revocation of the drivers license of the driver pursuant to any other provision of law.
9. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 21. NRS 484.377 is hereby amended to read as follows:
484.377 1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.
(b) Drive a vehicle in an unauthorized speed contest on a public highway.
A violation of this subsection or subsection 1 of NRS 484.348 constitutes reckless driving.
2. A person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ2003 Statutes of Nevada, Page 3245 (Chapter 492, AB 444)κ
and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484.348.
Sec. 22. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Prohibited substance Urine Blood
Nanograms Nanograms
per milliliter per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath.
κ2003 Statutes of Nevada, Page 3246 (Chapter 492, AB 444)κ
consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 23. NRS 484.448 is hereby amended to read as follows:
484.448 1. It is unlawful for a person to drink an alcoholic beverage while he is driving or in actual physical control of a motor vehicle upon a highway.
2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.
3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
4. As used in this section:
(a) Alcoholic beverage has the meaning ascribed to it in NRS 202.015.
(b) Open container means a container which has been opened or the seal of which has been broken.
(c) Passenger area means that area of a vehicle which is designed for the seating of the driver or a passenger.
Sec. 24. NRS 484.453 is hereby amended to read as follows:
484.453 1. A person shall not drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the drivers control over the driving mechanism of the vehicle.
2. A passenger in a vehicle shall not ride in such position as to interfere with the drivers view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
3. Except as otherwise provided in NRS 484.6195, a vehicle must not be operated upon any highway unless the drivers vision through any required glass equipment is normal.
4. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 24.5. NRS 484.473 is hereby amended to read as follows:
484.473 1. Except as otherwise provided in subsections 2 and 4, a driver shall not permit a person, with regard to a motor vehicle being operated on a paved highway , [within a county whose population is 100,000 or more,] to ride upon or within any portion of the vehicle that is primarily designed or intended for carrying goods or other cargo or that is otherwise not designed or intended for the use of passengers, including, without limitation:
(a) Upon the bed of a flatbed truck; or
(b) Within the bed of a pickup truck.
κ2003 Statutes of Nevada, Page 3247 (Chapter 492, AB 444)κ
2. A driver may permit a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck if the person is:
(a) Eighteen years of age or older; or
(b) Under 18 years of age and the motor vehicle is:
(1) [Not being operated on a freeway or other road that has two or more lanes for traffic traveling in one direction;
(2)] Being used in the course of farming or ranching; or
[(3)] (2) Being driven in a parade authorized by a local authority.
3. A citation must be issued to a driver who permits a person to ride upon [the bed of a flatbed truck] or within [the bed of a pickup truck] a vehicle in violation of subsection 1. A driver who is cited pursuant to this subsection shall be punished by a fine of at least $35 but not more than $100.
4. The provisions of subsection 1 do not apply to the portion of the bed of a truck that is covered by a camper shell or slide-in camper.
5. A violation of this section:
(a) Is not a moving traffic violation for the purposes of NRS 483.473; and
(b) May not be considered as:
(1) Negligence or causation in a civil action; or
(2) Negligent or reckless driving for the purposes of NRS 484.377.
6. As used in this section:
(a) Camper shell has the meaning ascribed to it in NRS 361.017.
(b) [Freeway has the meaning ascribed to it in NRS 408.060.
(c)] Slide-in camper has the meaning ascribed to it in NRS 482.113.
Sec. 25. NRS 484.479 is hereby amended to read as follows:
484.479 1. It [shall be] is unlawful for any person to remove any barrier or sign stating that a highway is closed to traffic.
2. It [shall be] is unlawful to pass over a highway that is marked, signed or barricaded to indicate that it is closed to traffic. A person who violates any provision of this subsection may be subject to the additional penalty set forth in NRS 484.3667.
Sec. 26. NRS 405.030 is hereby amended to read as follows:
405.030 1. Except as otherwise provided in subsection 3 and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or] 269.128 and 269.129 [,] , or on monorail stations, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:
(a) Within any right-of-way of any state highway or road which is owned or controlled by the Department of Transportation.
(b) Within 20 feet of the main traveled way of any unimproved highway.
(c) On the property of another within view of any such highway, without the owners written consent.
2. Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the Department of Transportation.
κ2003 Statutes of Nevada, Page 3248 (Chapter 492, AB 444)κ
3. A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term political sign has the meaning ascribed to it in NRS 118B.145.
4. If a franchisee receives revenues from an advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond, until the bond is repaid.
5. As used in this section, monorail station means:
(a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and
(b) Any facilities or appurtenances within such a structure.
Sec. 27. NRS 405.110 is hereby amended to read as follows:
405.110 1. Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or] 269.128 and 269.129 [,] , or on monorail stations, no advertising signs, signboards, boards or other materials containing advertising matter may:
(a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.
(b) Except as otherwise provided in subsections 3 and 4, be placed within the highway right-of-way.
(c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the Department of Transportation, counties, towns or cities of this state may place at such points as are designated by the Director of the Department of Transportation suitable signboards advertising the counties, towns or municipalities.
3. A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:
(a) The Department of Transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:
(1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered, or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and
κ2003 Statutes of Nevada, Page 3249 (Chapter 492, AB 444)κ
(2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the Department of Transportation; or
(b) The person owns real property adjacent to an interstate highway and:
(1) The person has dedicated to a public authority a fee or perpetual easement interest in at least 1 acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;
(2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;
(3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and
(4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.
4. A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term political sign has the meaning ascribed to it in NRS 118B.145.
5. If any such sign is placed in violation of this section, it is thereby declared a public nuisance and may be removed forthwith by the Department of Transportation or the public authority.
6. Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.
7. If a franchisee receives revenues from an advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.
8. As used in this section, monorail station means:
(a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and
(b) Any facilities or appurtenances within such a structure.
________
κ2003 Statutes of Nevada, Page 3250κ
Assembly Bill No. 286Assemblymen Koivisto, McClain, Knecht, Chowning, Ohrenschall, Anderson, Atkinson, Buckley, Carpenter, Claborn, Collins, Conklin, Giunchigliani, Goicoechea, Manendo, McCleary, Oceguera, Parks, Pierce and Williams
CHAPTER 493
AN ACT relating to programs for public personnel; requiring the governing body of a local government to pay a certain portion of the costs of coverage under the Public Employees Benefits Program for persons retired from the service of the local government who join the Program upon retirement; requiring each governing body of a local government to ensure that rates established for coverage for their programs of group insurance are the same for all participants; requiring the Board of the Public Employees Benefits Program to establish rates and coverage for active and retired officers and employees of local governments that participate in the Program and their dependents based on the separate commingled claims experience of those active and retired officers and employees and their dependents; providing a period of open enrollment in which retired public officers and employees of local governments who joined the Public Employees Benefits Program upon retirement may join the group insurance or medical and hospital service of their last public employer; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 [and] or 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage or join the Public Employees Benefits Program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
2. A retired person who joins the Public Employees Benefits Program upon retirement pursuant to subsection 1 or continues coverage under the Public Employees Benefits Program shall assume the portion of the premium or [membership] contribution costs for the coverage [continued] which the governing body or the State does not pay on behalf of retired officers or employees. [A person who joins the Public Employees Benefits Program for the first time upon retirement shall assume all costs for the coverage.]
κ2003 Statutes of Nevada, Page 3251 (Chapter 493, AB 286)κ
coverage.] A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees Retirement System to continue coverage.
3. Except as otherwise provided in NRS 287.0235, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the Public Employees Benefits Program, as the case may be.
4. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state [may] :
(a) May pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage established pursuant to NRS 287.010 or 287.020 for persons [eligible for] who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
(b) Shall pay the same portion of the cost of coverage under the Public Employees Benefits Program for persons who join the Program upon retirement pursuant to subsection 1 as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Program.
5. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance or medical and hospital service.
Sec. 2. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to, except as otherwise provided in NRS 287.021, [make any contributions for the payment of] pay any premiums , contributions or other costs for group insurance or medical or hospital services [,] established pursuant to NRS 287.010 or 287.020 or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums or contributions therefor.
Sec. 3. 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:
κ2003 Statutes of Nevada, Page 3252 (Chapter 493, AB 286)κ
(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 that wishes to obtain group insurance for its active and retired officers [, employees and retired] and employees and their dependents by participation in the Program. The Board shall establish separate rates and coverage for [those officers, employees and retired] active and retired officers and employees of those public agencies and their dependents based on actuarial reports [.] that commingle the claims experience of such active and retired officers and employees and their dependents.
(c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
(d) If a proposed change is a change in the premium or contribution charged for or coverage of health insurance, provide written notice of the proposed change to all [state officers, employees, retired employees and other persons who participate] participants in the Program . [who may be affected by the proposed change.] The notice must be provided at least 60 days before the date a [state officer, employee, retired employee or other person] participant in the Program is required to select or change his policy of health insurance.
(e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible [public officers, employees and retired employees who participate] participants in the Program.
(f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.
(g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.
(h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 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;
κ2003 Statutes of Nevada, Page 3253 (Chapter 493, AB 286)κ
(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 those participants; and
[(5)] (4) Specific procedures for the determination of contested claims.
(i) Appoint an independent certified public accountant. The accountant shall:
(1) Provide an annual audit of the Program; and
(2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.
(j) Appoint an attorney who specializes in employee benefits. The attorney shall:
(1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and
(2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 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] participants 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;] participants in the Program; and
(b) The amount paid by the Program in the preceding calendar year for the claims of retired [members of] participants in 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.
5. The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.
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.
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. 4. 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.
κ2003 Statutes of Nevada, Page 3254 (Chapter 493, AB 286)κ
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 :
(1) For active and retired state officers and employees and their dependents, the commingled claims experience of such active and retired [state] officers and employees and their dependents; and
(2) For active and retired officers and employees of public agencies enumerated in NRS 287.010 that contract with the Program to obtain group insurance by participation in the Program and their dependents, the commingled claims experience of such active and retired 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. 5. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as otherwise provided in this section, every officer or employee of the State is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the Program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the Program, and every officer or employee who commences his employment after that date , is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.
κ2003 Statutes of Nevada, Page 3255 (Chapter 493, AB 286)κ
the Program on the first day of the month following the completion of 90 days of full-time employment.
4. Every Senator and Assemblyman is eligible to participate in the Program on the first day of the month following the 90th day after his initial term of office begins.
5. An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and was not participating in the Program at the time of his retirement is eligible to participate in the Program 60 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. [The Board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the Program before their retirement, nor with active employees of the State. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.]
6. Notwithstanding the provisions of subsections 1, 3 and 4, if the Board does not, pursuant to NRS 689B.580, elect to exclude the Program from compliance with NRS 689B.340 to 689B.590, inclusive, and if the coverage under the Program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the Program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.
Sec. 6. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as otherwise provided in subsection 6, any state or other participating officer or employee who elects to participate in the Program may participate, and the department, agency, commission or public agency that employs the officer or employee shall pay the States share of the cost of the premiums or contributions for the Program from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of an employee for the payment of a premium or contribution for health insurance must be based on the actual [cost of providing that health insurance] amount of the premium or contribution after deducting any amount of the premium or contribution which is paid by the department, agency, commission or public agency that employs the employee. [As used in this subsection, actual cost includes any amount which has been approved by the Board and which is paid by any department, agency, commission or public agency of this state for:
(a) A program of supplemental insurance;
(b) Subsidization of premiums for health insurance for dependents and retired participants;
(c) Administrative costs relating to the provision of the health insurance; and
(d) Costs required to maintain adequate reserves.]
κ2003 Statutes of Nevada, Page 3256 (Chapter 493, AB 286)κ
2. The Department of Personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for the Program for persons retired from the service of the State who have continued to participate in the Program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:
(a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.
(b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 1A.310 or 286.300, of the base amount provided by law for that fiscal year.
3. If the amount calculated pursuant to subsection 2 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees Benefits Program created pursuant to NRS 287.0435.
4. For the purposes of subsection 2:
(a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.
(b) No proration may be made for a partial year of service.
5. The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the Program after his death.
6. A Senator or Assemblyman who elects to participate in the Program shall pay the entire premium or contribution for his insurance.
Sec. 7. NRS 287.0475 is hereby amended to read as follows:
287.0475 1. A public officer or employee who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010 or 287.020 or the program as a public officer or employee by:
(a) Giving written notice of his intent to reinstate the insurance to [the employees] his last public employer not later than January 31, of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the premiums or contributions of the public employers program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31, of the year in which the public officer or employee or surviving spouse gives notice of his intent to reinstate the insurance. [The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.]
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 6 months before reinstatement unless:
κ2003 Statutes of Nevada, Page 3257 (Chapter 493, AB 286)κ
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The reinstated insurance has been in effect more than 12 consecutive months.
3. The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010 or 287.020, shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance or medical and hospital service.
Sec. 8. 1. Notwithstanding the provisions of NRS 287.0475, an officer or employee of a governing body of a county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who joined the Public Employees Benefits Program upon retirement pursuant NRS 287.023 or 287.0235 may join the group insurance or medical and hospital service established by the governing body pursuant to NRS 287.010 or 287.020 to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., upon notifying the governing body during the period established pursuant to subsection 2 and assuming the costs of that coverage that are not paid by the governing body.
2. Each governing body shall have a period of open enrollment between September 1, 2003, and January 31, 2004, during which eligible retired persons described in subsection 1 may join the group insurance or medical and hospital service established by the governing body pursuant to NRS 287.010 or 287.020.
3. The governing body shall, on or before September 1, 2003, notify eligible retired persons of the period of open enrollment by:
(a) Mailing a notice regarding the period of open enrollment to all retired persons who are, according to its records, eligible to join its program of group insurance or medical and hospital service;
(b) Posting a notice of the period of open enrollment at its principal office and at least three other separate prominent places, such as a library, community center or courthouse; and
(c) Publicizing the period of open enrollment in any other manner reasonably calculated to inform additional eligible retired persons.
4. For the purpose of establishing actuarial data to determine rates and coverage for persons who enroll in the group insurance or medical and hospital service of a governing body pursuant to this section, the governing body shall commingle the claims experiences of those persons with the claims experience of active and retired officers and employees and their dependents who participate in the group insurance or medical and hospital service.
Sec. 9. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 10. 1. This section and section 8 of this act become effective on July 1, 2003.
2. Sections 1 to 7, inclusive, and 9 of this act become effective on October 1, 2003.
________
κ2003 Statutes of Nevada, Page 3258κ
Assembly Bill No. 249Committee on Government Affairs
CHAPTER 494
AN ACT relating to the Public Employees Benefits Program; requiring certain agencies to use the amounts specified by the Public Employees Benefits Program for coverage by the Program for payroll deductions from the salaries of participating officers and employees; requiring the Public Employees Retirement System and each public employer that participates in the Program to provide information to the Program concerning the change in status of an active or retired officer or employee; eliminating the requirement that certain retired persons show evidence of good health as a condition of enrollment in the Program; providing that the subsidy paid by the State of Nevada for coverage by the Program of retirees applies to any retired public officer or employee with state service; limiting that subsidy to years of state service; repealing the prospective expiration of two positions on the Board of the Program; repealing the period of open enrollment for certain retired persons to join the Program; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.129 is hereby amended to read as follows:
281.129 1. Any officer of the State, except the Legislative Fiscal Officer, who disburses money in payment of salaries and wages of officers and employees of the State [may,] :
(a) May, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:
[1.] (1) Charitable organizations;
[2.] (2) Employee credit unions;
[3. Insurers, if the Board of the Public Employees Benefits Program has approved the request;
4.] (3) Except as otherwise provided in paragraph (b), insurers;
(4) The United States for the purchase of savings bonds and similar obligations of the United States; and
[5.] (5) Employee organizations and labor organizations.
(b) Shall, upon receipt of information from the Public Employees Benefits Program specifying amounts of premiums or contributions for coverage by the Program, withhold those amounts from the salaries or wages of officers and employees who participate in the Program and pay those amounts to the Program.
2. The State Controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the executive department.
κ2003 Statutes of Nevada, Page 3259 (Chapter 494, AB 249)κ
Sec. 2. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
The System shall provide to the Public Employees Benefits Program written notice regarding a change in the payment status of a recipient of benefits provided pursuant to this chapter that affects the eligibility of the recipient to participate in the Program. Such notice must be provided by the System to the Program, in a format agreed upon by the System and the Program, within 30 calendar days after the System is notified of the change in payment status.
Sec. 3. NRS 286.615 is hereby amended to read as follows:
286.615 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of [the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada,] a governmental entity enumerated in subsection 1 of NRS 287.023, who retires under the conditions set forth in NRS 1A.350, 1A.480, 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 [and 287.020,] , 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, has the option of having the Executive Officer deduct and pay his premium or contribution for that [group insurance or medical and hospital service] coverage, as well as the amount due or to become due upon any obligation designated by the Board pursuant to subsection 2, from his monthly retirement allowance until:
(a) He notifies the Executive Officer to discontinue the deduction; or
(b) Any of his dependents elect to assume the premium or contribution applicable to the dependents coverage before the death of such a retired person and continue coverage pursuant to NRS 287.023 after his death.
2. The Board may adopt regulations to carry out the provisions of subsection 1, including, but not limited to, regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the Board at the option of the officer or employee pursuant to this section.
3. The Executive Officer, Board and System are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.
Sec. 4. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.
Sec. 5. Participating local governmental agency means a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency that has an agreement in effect with the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025 to obtain group insurance from the Program.
Sec. 6. Participating public agency means any participating local governmental agency and participating state agency.
Sec. 7. Participating state agency means a department, commission, board, bureau or other agency of the Executive, Legislative and Judicial Branches of State Government, including, without limitation, the Public Employees Retirement System and the University and Community College System of Nevada.
κ2003 Statutes of Nevada, Page 3260 (Chapter 494, AB 249)κ
Sec. 8. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and 689B.575 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0359 do not apply to such coverage.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
Sec. 9. NRS 287.020 is hereby amended to read as follows:
287.020 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada may adopt and carry into effect a system of medical or hospital service, or a combination thereof, through nonprofit membership corporations defraying the cost of medical service or hospital care, or both, open to participation by all licentiates of the particular class , [(] whether doctors of medicine, doctors of osteopathy or doctors of chiropractic , [)] offering services through such a nonprofit membership corporation, for the benefit of such of their officers and employees, and the dependents of such officers and employees, as may elect to accept membership in such nonprofit corporation and who have authorized the governing body to make deductions from their compensation for the payment of membership dues.
κ2003 Statutes of Nevada, Page 3261 (Chapter 494, AB 249)κ
licentiates of the particular class , [(] whether doctors of medicine, doctors of osteopathy or doctors of chiropractic , [)] offering services through such a nonprofit membership corporation, for the benefit of such of their officers and employees, and the dependents of such officers and employees, as may elect to accept membership in such nonprofit corporation and who have authorized the governing body to make deductions from their compensation for the payment of membership dues.
2. A part, not to exceed 50 percent, of the cost of such membership dues may be defrayed by such governing body by contribution. The money for such contributions must be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada.
3. The power conferred in this section, with respect to the rendition of medical or hospital service, or a combination thereof, is coextensive with the power conferred in NRS 287.010 with respect to insurance companies.
4. If a school district offers coverage for medical service or hospital care, or both, to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the coverage. If the amount of the deductions from compensation required to pay for the coverage exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
Sec. 10. NRS 287.021 is hereby amended to read as follows:
287.021 1. Except as otherwise provided in subsection 3, the surviving spouse and any surviving child of a police officer or fireman who was:
(a) Employed by a public agency that had established group insurance or medical and hospital service pursuant to NRS 287.010, 287.020 or paragraph (b), (c) or (d) of subsection 1 of 287.025; and
(b) Killed in the line of duty,
may elect to accept or continue coverage under that group insurance or medical and hospital service if the police officer or fireman was a participant or would have been eligible to participate in the group insurance or medical and hospital service on the date of the death of the police officer or fireman. If the surviving spouse or child elects to accept coverage under the group insurance or medical and hospital service in which the police officer or fireman would have been eligible to participate or to discontinue coverage under the group insurance or medical and hospital service in which the police officer or fireman was a participant, the spouse, child or legal guardian of the child must notify in writing the public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. The public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the group insurance or medical and hospital service for the surviving spouse or child who meets the requirements set forth in subsection 1.
3. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
κ2003 Statutes of Nevada, Page 3262 (Chapter 494, AB 249)κ
4. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
Sec. 11. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 [and 287.020,] , 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage or join the Public Employees Benefits Program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
2. A retired person who continues coverage under the Public Employees Benefits Program shall assume the portion of the premium or [membership] contribution costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the Public Employees Benefits Program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees Retirement System to continue coverage.
3. [Except as otherwise provided in NRS 287.0235, notice] Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and his dependents shall be deemed to have selected the option to cancel the coverage for the group insurance or medical and hospital service established pursuant to NRS 287.010, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or not to join the Public Employees Benefits Program, as the case may be.
4. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage provided pursuant to NRS 287.010, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons eligible for that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
Sec. 12. NRS 287.0235 is hereby amended to read as follows:
287.0235 1. Notwithstanding the provisions of NRS 287.023 and 287.045, a person or the surviving spouse of a person who did not, at the time of his retirement pursuant to the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620, have the option to participate in the Public Employees Benefits Program may join the Public Employees Benefits Program, to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.,
κ2003 Statutes of Nevada, Page 3263 (Chapter 494, AB 249)κ
dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., by:
(a) Providing the Public Employees Retirement Board with written notice of his intention to enroll in the Public Employees Benefits Program during a period of open enrollment;
(b) [Showing evidence of his good health as a condition of enrollment;
(c)] Accepting the current plan of insurance of the Public Employees Benefits Program and any subsequent changes to the plan; and
[(d)] (c) Paying any portion of the premiums or contributions for the Program in the manner set forth in NRS 1A.470 or 286.615, which are due after the date of enrollment.
The Public Employees Retirement Board shall, beginning on September 1, 1997, have a biennial period of open enrollment between September 1 of each odd-numbered year and January 31 of each even-numbered year during which eligible retired persons may join the Public Employees Benefits Program pursuant to this section.
2. The Public Employees Retirement Board shall, on or before September 1, 1997, and every September 1 of each odd-numbered year thereafter, notify eligible retired persons described in subsection 1 of the period of open enrollment by:
(a) Mailing a notice regarding the period of open enrollment to all retired persons who are, according to its records, eligible to join the Public Employees Benefits Program;
(b) Posting a notice of the period of open enrollment at its principal office and at least three other separate prominent places, such as a library, community center or courthouse; and
(c) Publicizing the period of open enrollment in any other manner reasonably calculated to inform additional eligible retired persons.
3. The Public Employees Retirement Board shall notify the Board of the Public Employees Benefits Program of the enrollment of any person on or before March 1 immediately following the period of open enrollment. The Board of the Public Employees Benefits Program shall approve or disapprove the request for enrollment within 90 days after receipt of the request. Enrollment shall be deemed to occur on the day the request is approved.
4. Enrollment in the Public Employees Benefits Program pursuant to this section excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before enrollment unless [:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after enrollment; or
(b) The] the insurance coverage has been in effect more than 12 consecutive months.
Sec. 13. NRS 287.024 is hereby amended to read as follows:
287.024 1. If a member of the board of trustees of a school district who has served at least one full term of office does not seek reelection or is defeated for reelection and, upon the expiration of his term of office, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 [and 287.020,] , 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, the board member has the option upon the expiration of his term of office to cancel or continue any such group insurance to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
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is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq. A board member who continues coverage under the program of group insurance shall assume all costs for the continued coverage. A dependent of such a board member has the option, which may be exercised to the same extent and in the same manner as the board member, to cancel or continue coverage in effect on the date the board member dies.
2. Notice of the selection of the option must be given in writing to the board of trustees of the school district within 30 days after the expiration of the board members term of office or the date of his death, as the case may be. If no notice is given by that date, the board member and his dependents shall be deemed to have selected the option to cancel the coverage.
Sec. 14. NRS 287.025 is hereby amended to read as follows:
287.025 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada may, in addition to the other powers granted in NRS 287.010 and 287.020:
[1.] (a) Negotiate and contract with [any other such agency or with] the Board of the Public Employees Benefits Program to secure group insurance for its officers and employees and their dependents by participation in [any group insurance plan established or to be established or in] the Public Employees Benefits Program. [Each such contract:
(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.
(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.
2.] (b) Negotiate and contract with another county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established by the other local governmental agency.
(c) To secure group health, life or workers compensation insurance for its officers and employees and their dependents, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to secure such insurance for its members from an insurer licensed pursuant to the provisions of title 57 of NRS.
[3.] (d) In addition to the provisions of [subsection 2,] paragraph (c), participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to:
[(a)] (1) Facilitate contractual arrangements for the provision of medical services to its members officers and employees and their dependents and for related administrative services.
[(b)] (2) Procure health-related information and disseminate that information to its members officers and employees and their dependents.
2. Each contract negotiated pursuant to paragraph (a) or (b) of subsection 1:
(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.
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(b) Does not become effective unless approved by the Commissioner of Insurance.
(c) Shall be deemed to be approved if not disapproved by the Commissioner of Insurance within 30 days after its submission.
Sec. 15. NRS 287.030 is hereby amended to read as follows:
287.030 No provisions of law prohibiting, restricting or limiting the assignment of or order for wages or salary shall be deemed in any way to prohibit, restrict or limit the powers enumerated in NRS 287.010 [and 287.020,] , 287.020 or 287.025 nor the right and power of officers or employees to authorize and approve payment of premiums or contributions by wage and salary deductions.
Sec. 16. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada to, except as otherwise provided in NRS 287.021, make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other [public agency] local governmental agency of this state to accept or join any plan of group insurance or to assign his wages or salary [or to authorize deductions from his wages or salary] in payment of premiums or contributions therefor.
Sec. 17. NRS 287.0402 is hereby amended to read as follows:
287.0402 As used in NRS 287.0402 to 287.049, inclusive, and sections 5, 6 and 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 and 287.0406 and sections 5, 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec. 18. 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 pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any [public agency enumerated in NRS 287.010] county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that wishes to obtain group insurance for its active and retired officers [, employees and retired] and employees and their dependents by participation in the Program.
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employees and retired] and employees and their dependents by participation in the Program. The Board shall establish separate rates and coverage for those active and retired officers [, employees and retired] and employees and their dependents based on actuarial reports.
(c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public [employer who] agency that may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
(d) If a proposed change is a change in the premium or contribution charged for , or coverage of , health insurance, provide written notice of the proposed change to all [state officers, employees, retired employees and other persons who participate in the Program who may be affected by the proposed change.] participating active and retired public officers and employees. The notice must be provided at least 60 days before the date [a state officer, employee, retired employee or other person] on which a participating active or retired public officer or employee is required to select or change his policy of health insurance.
(e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible active and retired public officers [, employees and retired] and employees who participate in the Program.
(f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.
(g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.
(h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, and sections 5, 6 and 7 of this act, including, without limitation, the establishment of:
(1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;
(2) Conditions for entry and reentry into the Program by [public agencies enumerated in NRS 287.010;] local governmental agencies that wish to enter or reenter the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025;
(3) The levels of participation in the Program required for officers and 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 those participants; and
(5) Specific procedures for the determination of contested claims.
(i) Appoint an independent certified public accountant. The accountant shall:
(1) Provide an annual audit of the Program; and
(2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.
(j) Appoint an attorney who specializes in employee benefits. The attorney shall:
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(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] plan year. The report must include, without limitation:
(a) The amount paid by the Program in the preceding [calendar] plan year for the claims of active and retired state officers and employees [;] who participated in the Program; and
(b) The amount paid by the Program in the preceding [calendar] plan 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.
5. The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.
6. [The State and any other public employers that participate in the Program are] A participating public agency is not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.
7. 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. 19. 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.
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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] agency in administering a plan of insurance offered by that insurer, organization or corporation.
Sec. 20. NRS 287.0439 is hereby amended to read as follows:
287.0439 1. A participating public [employer shall, on request,] agency shall furnish to the Board [any] :
(a) Written notice regarding a change in the status of an employee of the participating public agency or a dependent of such an employee that affects the eligibility of the employee or dependent to participate in the Program. Such notice must be provided to the Program, on a form prescribed by the Program, within 15 calendar days after the participating public agency is notified or otherwise becomes aware of the change in status.
(b) Upon request, any other information necessary to carry out the provisions of this chapter.
2. Members of the Board and its employees or agents may examine under oath any officer, agent or employee of a participating public [employer] agency concerning the information [.
2.] required pursuant to this section.
3. The books, records and payrolls of a participating public [employer] agency must be available for inspection by members of the Board and its employees and agents to obtain any information necessary for the administration of the Program, including, without limitation, the accuracy of the payroll and identity of employees.
4. A participating public agency shall reimburse the Program for any premium or contribution that was not paid to the Program as a result of the failure of the participating public agency to furnish the notice required pursuant to paragraph (a) of subsection 1. The participating public agency shall not require any employee or his dependent to reimburse the participating public agency for the amount of any premium or contribution for which the participating public agency is liable to the Program pursuant to this subsection.
Sec. 21. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the premiums or contributions for [that] group insurance [,] provided by the Program, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each [public] state officer, except a Senator or Assemblyman, or employee electing to participate in the Program, may be paid by the [department, agency, commission or public] participating state agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that [department, agency, commission or public] participating state agency for that purpose.
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money appropriated to or authorized for that [department, agency, commission or public] participating state agency for that purpose. Participation by the State in the cost of premiums or contributions must not exceed the amounts specified by law. If [an] a state officer or employee chooses to cover his dependents, whenever this option is made available by the Board, except as otherwise provided in NRS 287.021 and 287.0477, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the [State.] participating state agency that employs the officer or employee.
2. A [department, agency, commission or public] participating state agency shall not pay any part of those premiums or contributions if the group life insurance or group accident or health insurance is not approved by the Board.
Sec. 22. NRS 287.0445 is hereby amended to read as follows:
287.0445 The [department, agency, commission or public] participating state agency which employed [an] a state officer or employee who:
1. Was injured in the course of that employment;
2. Receives compensation for a temporary total disability pursuant to NRS 616C.475; and
3. Was a member of the Program at the time of the injury,
shall pay the States share of the cost of the premiums or contributions for the Program for that officer or employee for not more than 9 months after the injury or until the officer or employee is able to return to work, whichever is less. If the previous injury recurs within 1 month after the employee returns to work and the employee again receives compensation pursuant to NRS 616C.475 as a result of the previous injury, the [department, agency, commission or public] participating state agency shall not, except as otherwise provided in this subsection, pay the states share of the cost of the premiums or contributions for the period during which the employee is unable to work as a result of the recurring previous injury. If the initial period of disability was less than 9 months, the [department, agency, commission or public] participating state agency shall pay, during the recurrence, the States share of the costs of the premiums or contributions for a period which, when added to the initial period, equals not more than 9 months.
Sec. 23. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as otherwise provided in this section, every state officer or employee [of the State] is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the Program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating [public] local governmental agency on a permanent and full-time basis on the date on which the participating local governmental agency enters into an agreement to participate in the Program [,] pursuant to paragraph (a) of subsection 1 of NRS 287.025, and every officer or employee who commences his employment with that participating local governmental agency after that date is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.
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an agreement to participate in the Program [,] pursuant to paragraph (a) of subsection 1 of NRS 287.025, and every officer or employee who commences his employment with that participating local governmental agency after that date is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.
4. Every Senator and Assemblyman is eligible to participate in the Program on the first day of the month following the 90th day after his initial term of office begins.
5. An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other [public] local governmental agency of the State of Nevada who retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and was not participating in the Program at the time of his retirement is eligible to participate in the Program 60 days after notice of the selection to participate is given pursuant to NRS 287.023 . [or 287.0235.] The Board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who [were members of] participated in the Program before their retirement, nor with active state officers and employees [of the State.] who participate in the Program. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.
6. Notwithstanding the provisions of subsections 1, 3 and 4, if the Board does not, pursuant to NRS 689B.580, elect to exclude the Program from compliance with NRS 689B.340 to 689B.590, inclusive, and if the coverage under the Program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the Program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.
Sec. 24. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as otherwise provided in subsection 6, any active state [or other participating] officer or employee who elects to participate in the Program may participate, and the [department, agency, commission or public] participating state agency that employs the officer or employee shall pay the States share of the cost of the premiums or contributions for the program from money appropriated or authorized as provided in NRS 287.044. [Employees] State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of [an] a state officer or employee for the payment of a premium or contribution for health insurance must be based on the actual cost of providing that health insurance after deducting any amount of the premium or contribution which is paid by the [department, agency, commission or public] participating state agency that employs the employee. As used in this subsection, actual cost includes any amount which has been approved by the Board and which is paid by any [department, agency, commission or public agency of this state] participating state agency for:
(a) A program of supplemental insurance;
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(b) Subsidization of premiums or contributions for health insurance for dependents and retired participants;
(c) Administrative costs relating to the provision of the health insurance; and
(d) Costs required to maintain adequate reserves.
2. The Department of Personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for the Program for persons who have retired [from the service of the State who have continued] with state service and who elect to participate in the Program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:
(a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.
(b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of state service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 1A.310 or 286.300, of the base amount provided by law for that fiscal year.
3. If the amount calculated pursuant to subsection 2 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees Benefits Program created pursuant to NRS 287.0435.
4. For the purposes of subsection 2:
(a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.
(b) No proration may be made for a partial year of state service.
5. The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the Program after his death.
6. A Senator or Assemblyman who elects to participate in the Program shall pay the entire premium or contribution for his insurance.
Sec. 25. NRS 287.047 is hereby amended to read as follows:
287.047 If the retention is consistent with the terms of any agreement between the State and the insurance company which issued the policies pursuant to the Program or with the plan of self-insurance of the Program:
1. A participating state officer or employee who retires on or after July 1, 1985, may retain his membership in and his dependents coverage by the Program.
2. A participating Legislator who retires from the service of the State or who completes 8 years of service as such may retain his membership in and his dependents coverage by the Program.
Sec. 26. NRS 287.0475 is hereby amended to read as follows:
287.0475 1. A public officer or employee who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010 , [or] 287.020 or 287.025 or the program as a public officer or employee by:
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(a) Giving written notice of his intent to reinstate the insurance to the [employees] last public employer of the public officer or employee not later than January 31, of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the premiums or contributions of the public employers program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31 [,] of the year in which the public officer or employee or surviving spouse gives notice of his intent to reinstate the insurance. The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within [6] 12 months before reinstatement unless [:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The] the reinstated insurance has been in effect more than 12 consecutive months.
Sec. 27. NRS 287.0479 is hereby amended to read as follows:
287.0479 1. If approved by the Board pursuant to this section, a group of not less than 300 active state officers [,] or employees or retired state officers or employees, or any combination thereof, that participate in the Program may leave the Program and secure life, accident or health insurance, or any combination thereof, for the group from an:
(a) Insurer that is authorized by the Commissioner of Insurance to provide such insurance; or
(b) Employee benefit plan, as defined in 29 U.S.C. § 1002(3), that has been approved by the Board. The Board may approve an employee benefit plan unless the Board finds that the plan is not operated pursuant to such sound accounting and financial management practices as to ensure that the group will continue to receive adequate benefits.
2. Before entering into a contract with the insurer or approved employee benefit plan, the group shall submit the proposed contract to the Board for approval. The Board may approve the contract unless the departure of the group from the Program would cause an increase of more than 5 percent in the costs of premiums or contributions for the remaining participants in the Program. In determining whether to approve a proposed contract, the Board shall follow the criteria set forth in the regulations adopted by the Board pursuant to subsection 4 and may consider the cumulative impact of groups that have left or are proposing to leave the Program. Except as otherwise provided in this section, the Board has discretion in determining whether to approve a contract. If the Board approves a proposed contract pursuant to this subsection, the group that submitted the proposed contract is not authorized to leave the Program until 120 days after the date on which the Board approves the proposed contract.
3. The Board shall disburse periodically to the insurer or employee benefit plan with which a group contracts pursuant to this section the total amount set forth in the contract for premiums or contributions for the members of the group for that period but not to exceed the amount appropriated to or authorized for the [department, agency, commission or public] participating state agency that employs the members of the group for premiums or contributions for the members of the group for that period, after deducting any administrative costs related to the group.
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appropriated to or authorized for the [department, agency, commission or public] participating state agency that employs the members of the group for premiums or contributions for the members of the group for that period, after deducting any administrative costs related to the group.
4. The Board shall adopt regulations establishing the criteria pursuant to which the Board will approve proposed contracts pursuant to subsection 2.
Sec. 28. NRS 287.048 is hereby amended to read as follows:
287.048 NRS 287.0402 to 287.047, inclusive, do not require any officer or employee of the State of Nevada to accept or join the Program, or to assign his wages or salary [to or authorize deductions from his wages or salary] in payment of premiums or contributions for the Program.
Sec. 29. NRS 1A.470 is hereby amended to read as follows:
1A.470 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any justice of the Supreme Court or district judge who retires under the conditions set forth in NRS 1A.350 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 [and 287.020,] , 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, has the option of having the Executive Officer of the Board deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the Board pursuant to subsection 2, from his monthly retirement allowance until:
(a) He notifies the Executive Officer of the Board to discontinue the deduction; or
(b) Any of his dependents elect to assume the premium or contribution applicable to the dependents coverage before the death of such a retired justice or judge and continue coverage pursuant to NRS 287.023 after his death.
2. The Board may adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the Board at the option of the retired justice or judge pursuant to this section.
3. The Executive Officer of the Board, the Board and the System are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.
Sec. 30. NRS 218.6853 is hereby amended to read as follows:
218.6853 1. The Chief of the Administrative Division is ex officio Legislative Fiscal Officer. As such Officer, he shall keep a complete, accurate and adequate set of accounting records and reports for all legislative operations, including any records and reports required by the Federal Government for the administration of federal revenue and income tax laws.
2. The Chief shall withhold from the pay of each Legislator, employee of the Legislature and employee of the Legislative Counsel Bureau the amount of tax specified by the Federal Government and shall transmit the amount deducted to the Internal Revenue Service of the United States Department of the Treasury.
3. The Chief shall, upon receipt of information from the Public Employees Benefits Program specifying amounts of premiums or contributions for coverage by the Program, withhold from the pay of each employee of the Legislature and employee of the Legislative Counsel Bureau who participates in the Public Employees Benefits Program those amounts and pay those amounts to the Program.
κ2003 Statutes of Nevada, Page 3274 (Chapter 494, AB 249)κ
employee of the Legislature and employee of the Legislative Counsel Bureau who participates in the Public Employees Benefits Program those amounts and pay those amounts to the Program.
4. The Chief may provide for the purchase of United States savings bonds or similar United States obligations by salary deduction for any Legislator, legislative employee or employee of the Legislative Counsel Bureau who submits a written request for these deductions and purchases. The Chief shall provide forms authorizing deductions for and purchases of these United States obligations.
[4.] 5. The Chief may withhold from the pay of a Legislator, employee of the Legislature or employee of the Legislative Counsel Bureau such amount as the claimant specifies in writing for payment to his credit union. Any money which is withheld must be transmitted by the Chief in accordance with the claimants written instructions. The Chief may adopt regulations necessary to carry out the provisions of this subsection.
Sec. 31. Section 49 of chapter 573, Statutes of Nevada 1999, at page 3048, is hereby amended to read as follows:
Sec. 49. 1. This section and sections 41, 47 and 48 of this act become effective upon passage and approval.
2. Sections 1 to 12, inclusive, 13 to 28, inclusive, 30 to 40, inclusive, 42, 42.7, 47.2, 48.5 and 50 of this act become effective on July 1, 1999.
3. Section 29 of this act becomes effective at 12:01 a.m. on July 1, 1999.
4. Sections 12.5 and 47.3 of this act become effective on July 1, 1999, for the purpose of adopting regulations, and on January 1, 2001, for all other purposes.
[5. Section 18 of this act expires by limitation on July 1, 2003.
6. Section 42.5 of this act becomes effective on July 1, 2003.]
Sec. 32. 1. NRS 287.0235 is hereby repealed.
2. Section 42.5 of chapter 573, Statutes of Nevada 1999, at page 3043, is hereby repealed.
Sec. 33. 1. This section and sections 1 to 10, inclusive, 12 to 22, inclusive, and 25 to 31, inclusive, of this act become effective on July 1, 2003.
2. Sections 11, 23, 24 and 32 of this act become effective on July 1, 2004.
________
κ2003 Statutes of Nevada, Page 3275κ
Assembly Bill No. 453Committee on Commerce and Labor
CHAPTER 495
AN ACT relating to insurance; expanding the authority of the Commissioner of Insurance to enter into cooperative agreements and to share certain information; authorizing the Commissioner to examine the accounts, records, documents and transactions of an external review organization for certain purposes; revising the requirements for a person to act as a broker for reinsurance; authorizing an insurance consultant to qualify for a license in certain lines of authority; increasing the amount of surplus required to accept surplus lines; requiring an essential insurance association to qualify as a domestic mutual insurer if requested to do so by the Commissioner; clarifying that underinsured vehicle coverage includes coverage for certain damages to the extent those damages exceed a limitation of liability for a governmental agency; revising the amount of money that the Nevada Insurance Guaranty Association and the Nevada Life and Health Insurance Guaranty Association are obligated to pay for a covered claim; requiring an insurer that issues a policy of insurance covering the liability of certain physicians to submit a report to the Commissioner within a certain period after closing a claim under the policy; revising the order of distribution of certain claims from the estate of an insurer on liquidation of the insurer; prohibiting a bail agent from acting as an attorney-in-fact for an insurer on an undertaking unless the bail agent registers in the office of the sheriff and with the clerk of the district court in which the bail agent resides; requiring a member of an association of self-insured public or private employers to include certain information in a notice of intent to withdraw from the association; providing penalties; and providing other matters properly relating thereto.
[Approved: June 11, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the authority conferred upon him pursuant to NRS 679B.120, the Commissioner may:
(a) Enter into and comply with any cooperative or coordination agreement with any governmental entity within or outside this state relating to the regulation and administration of insurance and persons who are materially involved in the business of insurance;
(b) Share any document, material or other information, including any document, material or information that is confidential or privileged, with any state, federal or international regulatory, law enforcement or legislative agency, and the National Association of Insurance Commissioners and any of its affiliates or subsidiaries, if the recipient of the document, material or other information agrees:
κ2003 Statutes of Nevada, Page 3276 (Chapter 495, AB 453)κ
(1) To ensure that the document, material or other information remains confidential and privileged; and
(2) To submit to the jurisdiction of the courts of this state if the recipient violates a provision of subparagraph (1); and
(c) Receive any document, material or other information from any agency, association, affiliate or subsidiary specified in paragraph (b). The Commissioner shall ensure that any document, material or information received pursuant to this paragraph remains confidential if the document, material or information is provided to the Commissioner with a notice or the understanding that it is confidential or privileged under the laws of the jurisdiction from which it is submitted.
2. The sharing or receipt of any document, material or other information by the Commissioner pursuant to this section does not waive any applicable privilege or claim of confidentiality in the document, material or other information.
Sec. 2. NRS 679B.130 is hereby amended to read as follows:
679B.130 1. The Commissioner may adopt reasonable regulations [for] :
(a) For the administration of any provision of this Code, NRS 287.04335 or chapters 616A to 617, inclusive, of NRS [.] ; or
(b) As required to ensure compliance by the Commissioner with any federal law or regulation relating to insurance.
2. A person who willfully violates any regulation of the Commissioner is subject to such suspension or revocation of a certificate of authority or license, or administrative fine in lieu of such suspension or revocation, as may be applicable under this Code or chapter 616A, 616B, 616C, 616D or 617 of NRS for violation of the provision to which the regulation relates. No penalty applies to any act done or omitted in good faith in conformity with any such regulation, notwithstanding that the regulation may, after the act or omission, be amended, rescinded or determined by a judicial or other authority to be invalid for any reason.
Sec. 3. NRS 679B.144 is hereby amended to read as follows:
679B.144 1. The Commissioner shall collect and maintain the information provided by insurers pursuant to NRS 690B.050 regarding each closed claim for medical malpractice filed against [physicians and surgeons] a person who is covered by a policy of insurance for medical malpractice in this state, including, without limitation:
(a) The cause of the loss;
(b) A description of the injury for which the claim was filed;
(c) The sex of the injured person;
(d) The names and number of defendants in each claim;
(e) The type of coverage provided;
(f) The amount of the initial, highest and last reserves of an insurer for each claim before final resolution of the claim by settlement or trial;
(g) The disposition of each claim;
(h) The amount of money awarded through settlement or by verdict;
(i) The sum of money paid to each claimant and the source of that sum; [and]
(j) Any sum of money allocated to expenses for the adjustment of losses [.] ; and
(k) Any other information the Commissioner determines to be necessary or appropriate.
κ2003 Statutes of Nevada, Page 3277 (Chapter 495, AB 453)κ
2. The Commissioner shall submit with his report to the Legislature required pursuant to NRS 679B.410 [,] a summary of the information collected pursuant to this section.
3. The Commissioner shall adopt regulations necessary to carry out the provisions of this section.
4. As used in this section, policy of insurance for medical malpractice means a policy that provides coverage for any medical professional liability of the insured under the policy.
Sec. 3.3. NRS 679B.240 is hereby amended to read as follows:
679B.240 To ascertain compliance with law, or relationships and transactions between any person and any insurer or proposed insurer, the Commissioner may, as often as he deems advisable, examine the accounts, records, documents and transactions relating to such compliance or relationships of:
1. Any insurance agent, solicitor, broker, surplus lines broker, general agent, adjuster, insurer representative, bail agent, motor club agent or any other licensee or any other person the Commissioner has reason to believe may be acting as or holding himself out as any of the foregoing.
2. Any person having a contract under which he enjoys in fact the exclusive or dominant right to manage or control an insurer.
3. Any insurance holding company or other person holding the shares of voting stock or the proxies of policyholders of a domestic insurer, to control the management thereof, as voting trustee or otherwise.
4. Any subsidiary of the insurer.
5. Any person engaged in this state in, or proposing to be engaged in this state in, or holding himself out in this state as so engaging or proposing, or in this state assisting in, the promotion, formation or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or the production of its business.
6. Any external review organization, as defined in section 19 of Assembly Bill No. 79 of this session.
Sec. 3.7. NRS 679B.290 is hereby amended to read as follows:
679B.290 1. Except as otherwise provided in subsection 2:
(a) The expense of examination of an insurer, or of any person referred to in subsection 1, 2 , [or] 5 or 6 of NRS 679B.240, must be borne by the person examined. Such expense includes only the reasonable and proper hotel and travel expenses of the Commissioner and his examiners and assistants, including expert assistance, reasonable compensation as to such examiners and assistants and incidental expenses as necessarily incurred in the examination. As to expense and compensation involved in any such examination the Commissioner shall give due consideration to scales and limitations recommended by the National Association of Insurance Commissioners and outlined in the examination manual sponsored by that association.
(b) The person examined shall promptly pay to the Commissioner the expenses of the examination upon presentation by the Commissioner of a reasonably detailed written statement thereof.
2. The Commissioner may bill an insurer for the examination of any person referred to in subsection 1 of NRS 679B.240 and shall adopt regulations governing such billings.
κ2003 Statutes of Nevada, Page 3278 (Chapter 495, AB 453)κ
Sec. 4. NRS 679B.440 is hereby amended to read as follows:
679B.440 1. The Commissioner may require that reports submitted pursuant to NRS 679B.430 include, without limitation, information regarding:
(a) Liability insurance provided to:
(1) Governmental agencies and political subdivisions of this state, reported separately for:
(I) Cities and towns;
(II) School districts; and
(III) Other political subdivisions;
(2) Public officers;
(3) Establishments where alcoholic beverages are sold;
(4) Facilities for the care of children;
(5) Labor, fraternal or religious organizations; and
(6) Officers or directors of organizations formed pursuant to title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;
(b) Liability insurance for:
(1) Defective products;
(2) Medical or dental malpractice [;] of:
(I) A practitioner licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639 or 640 of NRS;
(II) A hospital or other health care facility; or
(III) Any related corporate entity.
(3) Malpractice of attorneys;
(4) Malpractice of architects and engineers; and
(5) Errors and omissions by other professionally qualified persons;
(c) Vehicle insurance, reported separately for:
(1) Private vehicles;
(2) Commercial vehicles;
(3) Liability insurance; and
(4) Insurance for property damage; [and]
(d) Workers compensation insurance [.] ; and
(e) In addition to any information provided pursuant to subparagraph (2) of paragraph (b) or NRS 690B.050, a policy of insurance for medical malpractice. As used in this paragraph, policy of insurance for medical malpractice has the meaning ascribed to it in NRS 679B.144.
2. The Commissioner may require that the report include, without limitation, information specifically pertaining to this state or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:
(a) Premiums directly written;
(b) Premiums directly earned;
(c) Number of policies issued;
(d) Net investment income, using appropriate estimates when necessary;
(e) Losses paid;
(f) Losses incurred;
(g) Loss reserves, including:
(1) Losses unpaid on reported claims; and
(2) Losses unpaid on incurred but not reported claims;
(h) Number of claims, including:
(1) Claims paid; and
κ2003 Statutes of Nevada, Page 3279 (Chapter 495, AB 453)κ
(2) Claims that have arisen but are unpaid;
(i) Expenses for adjustment of losses, including allocated and unallocated losses;
(j) Net underwriting gain or loss;
(k) Net operation gain or loss, including net investment income; and
(l) Any other information requested by the Commissioner.
3. The Commissioner may also obtain, based upon an insurer in its entirety, information regarding:
(a) Recoverable federal income tax;
(b) Net unrealized capital gain or loss; and
(c) All other expenses not included in subsection 2.
Sec. 5. NRS 679B.460 is hereby amended to read as follows:
679B.460 1. An insurer who willfully or repeatedly violates or fails to comply with a provision of NRS 679B.400 to 679B.450, inclusive, or 690B.050 or a regulation adopted pursuant to NRS 679B.430 is subject, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to payment of an administrative fine of not more than $1,000 for each day of the violation or failure to comply, up to a maximum fine of $50,000.
2. An insurer who fails or refuses to comply with an order issued by the Commissioner pursuant to NRS 679B.430 is subject, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to suspension or revocation of his certificate of authority to transact insurance in this state.
3. The imposition of an administrative fine pursuant to this section must not be considered by the Commissioner in any other administrative proceeding unless the fine has been paid or a court order for payment of the fine has become final.
Sec. 6. NRS 680A.270 is hereby amended to read as follows:
680A.270 1. Each authorized insurer shall annually on or before March 1, or within any reasonable extension of time therefor which the Commissioner for good cause may have granted on or before that date, file with the Commissioner a full and true statement of its financial condition, transactions and affairs as of December 31 preceding. The statement must be [in] :
(a) In the general form and context of, and require information as called for by, [the form of] an annual statement as is currently in general and customary use in the United States for the type of insurer and kinds of insurance to be reported upon, with any useful or necessary modification or adaptation thereof, supplemented by additional information required by the Commissioner [. The statement must be verified] ;
(b) Prepared in accordance with:
(1) The Annual Statement Instructions for the type of insurer to be reported on as adopted by the National Association of Insurance Commissioners for the year in which the insurer files the statement; and
(2) The Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners and effective on January 1, 2001, and as amended by the National Association of Insurance Commissioners after that date; and
(c) Verified by the oath of the insurers president or vice president and secretary or actuary, as applicable, or, in the absence of the foregoing, by two other principal officers, or if a reciprocal insurer, by the oath of the attorney-in-fact, or its like officers if a corporation.
κ2003 Statutes of Nevada, Page 3280 (Chapter 495, AB 453)κ
2. The statement of an alien insurer must be verified by its United States manager or other officer [duly authorized,] who is authorized to do so, and may relate only to the insurers transactions and affairs in the United States unless the Commissioner requires otherwise. If the Commissioner requires a statement as to [such an] the insurers affairs throughout the world, the insurer shall file the statement with the Commissioner as soon as reasonably possible.
3. The Commissioner may refuse to continue, or may suspend or revoke, the certificate of authority of any insurer failing to file its annual statement when due.
4. At the time of filing, the insurer shall pay the fee for filing its annual statement as prescribed by NRS 680B.010.
5. The Commissioner may adopt regulations requiring each domestic, foreign and alien insurer which is authorized to transact insurance in this state to file the insurers annual statement with the National Association of Insurance Commissioners or its successor organization.
6. All ratios of financial analyses and synopses of examinations concerning insurers that are submitted to the Division by the National Association of Insurance Commissioners Insurance Regulatory Information System are confidential and may not be disclosed by the Division.
Sec. 7. NRS 680B.010 is hereby amended to read as follows:
680B.010 The Commissioner shall collect in advance and receipt for, and persons so served must pay to the Commissioner, fees and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Filing initial application...................................................................... $2,450
(b) Issuance of certificate:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive 283
(2) For two or more kinds of insurance as so defined........................ 578
(3) For a reinsurer................................................................................... 2,450
(c) Each annual continuation of a certificate......................................... 2,450
(d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(e) Registration of additional title pursuant to NRS 680A.240................. 50
(f) Annual renewal of the registration of additional title pursuant to NRS 680A.240 25
2. Charter documents, other than those filed with an application for a certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document $10
3. Annual statement or report. For filing annual statement or report... $25
4. Service of process:
(a) Filing of power of attorney........................................................................ $5
(b) Acceptance of service of process............................................................. 30
5. Licenses, appointments and renewals for producers of insurance:
(a) Application and license.......................................................................... $125
(b) Appointment fee for each insurer............................................................. 15
(c) Triennial renewal of each license............................................................ 125
(d) Temporary license....................................................................................... 10
κ2003 Statutes of Nevada, Page 3281 (Chapter 495, AB 453)κ
(e) Modification of an existing license........................................................ $50
6. Surplus lines brokers:
(a) Application and license ......................................................................... $125
(b) Triennial renewal of each license........................................................... 125
7. Managing general agents licenses, appointments and renewals:
(a) Application and license.......................................................................... $125
(b) Appointment fee for each insurer............................................................. 15
(c) Triennial renewal of each license............................................................ 125
8. Adjusters licenses and renewals:
(a) Independent and public adjusters:
(1) Application and license .................................................................. $125
(2) Triennial renewal of each license..................................................... 125
(b) Associate adjusters:
(1) Application and license ..................................................................... 125
(2) Triennial renewal of each license..................................................... 125
9. Licenses and renewals for appraisers of physical damage to motor vehicles:
(a) Application and license ......................................................................... $125
(b) Triennial renewal of each license........................................................... 125
10. Additional title and property insurers pursuant to NRS 680A.240:
(a) Original registration................................................................................... $50
(b) Annual renewal............................................................................................ 25
11. Insurance vending machines:
(a) Application and license, for each machine........................................ $125
(b) Triennial renewal of each license........................................................... 125
12. Permit for solicitation for securities:
(a) Application for permit............................................................................ $100
(b) Extension of permit..................................................................................... 50
13. Securities salesmen for domestic insurers:
(a) Application and license ........................................................................... $25
(b) Annual renewal of license.......................................................................... 15
14. Rating organizations:
(a) Application and license ......................................................................... $500
(b) Annual renewal.......................................................................................... 500
15. Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:
(a) Application and certificate of registration ......................................... $125
(b) Triennial renewal....................................................................................... 125
16. For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.
17. Certified copies of certificates of authority and licenses issued pursuant to the Insurance Code $10
18. For copies and amendments of documents on file in the Division, a reasonable charge fixed by the Commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
19. Letter of clearance for a producer of insurance or other licensee [,] if requested by someone other than the licensee $10
20. Certificate of status as a producer of insurance or other licensee [,] if requested by someone other than the licensee $10
κ2003 Statutes of Nevada, Page 3282 (Chapter 495, AB 453)κ
21. Licenses, appointments and renewals for bail agents:
(a) Application and license ......................................................................... $125
(b) Appointment for each surety insurer....................................................... 15
(c) Triennial renewal of each license............................................................ 125
22. Licenses and renewals for bail enforcement agents:
(a) Application and license ......................................................................... $125
(b) Triennial renewal of each license........................................................... 125
23. Licenses, appointments and renewals for general agents for bail:
(a) Application and license ......................................................................... $125
(b) Initial appointment by each insurer......................................................... 15
(c) Triennial renewal of each license............................................................ 125
24. Licenses and renewals for bail solicitors:
(a) Application and license.......................................................................... $125
(b) Triennial renewal of each license........................................................... 125
25. Licenses and renewals for title agents and escrow officers:
(a) Application and license ......................................................................... $125
(b) Triennial renewal of each license........................................................... 125
(c) Appointment fee for each title insurer..................................................... 15
(d) Change in name or location of business or in association................... 10
26. Certificate of authority and renewal for a seller of prepaid funeral contracts $125
27. Licenses and renewals for agents for prepaid funeral contracts:
(a) Application and license ......................................................................... $125
(b) Triennial renewal of each license........................................................... 125
28. Licenses, appointments and renewals for agents for fraternal benefit societies:
(a) Application and license ......................................................................... $125
(b) Appointment for each insurer................................................................... 15
(c) Triennial renewal of each license............................................................ 125
29. Reinsurance intermediary broker or manager:
(a) Application and license.......................................................................... $125
(b) Triennial renewal of each license........................................................... 125
30. Agents for and sellers of prepaid burial contracts:
(a) Application and certificate or license.................................................. $125
(b) Triennial renewal....................................................................................... 125
31. Risk retention groups:
(a) Initial registration and review of an application............................ $2,450
(b) Each annual continuation of a certificate of registration.............. 2,450
32. Required filing of forms:
(a) For rates and policies................................................................................ $25
(b) For riders and endorsements...................................................................... 10
33. Viatical settlements:
(a) Provider of viatical settlements:
(1) Application and license................................................................ $1,000
(2) Annual renewal................................................................................ 1,000
(b) Broker of viatical settlements:
(1) Application and license...................................................................... 500
(2) Annual renewal................................................................................... 500
34. Insurance consultants:
(a) Application and license.......................................................................... $125
κ2003 Statutes of Nevada, Page 3283 (Chapter 495, AB 453)κ
(b) Triennial renewal..................................................................................... $125
35. Licensees association with or appointment or sponsorship by an organization:
(a) Initial appointment, association or sponsorship, for each organization $50
(b) Renewal of each association or sponsorship.......................................... 50
(c) Annual renewal of appointment............................................................... 15
36. Purchasing groups:
(a) Initial registration and review of an application............................ $100
(b) Each annual continuation of registration.......................................... 100
Sec. 8. NRS 680B.070 is hereby amended to read as follows:
680B.070 1. Each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care , prepaid limited health service organization and motor club shall on or before March 1 of each year pay to the Commissioner [the] a reasonable uniform amount, not to exceed [$15,] $30, as the Commissioner requires, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners to defray:
(a) The general expenses of the Association; and
(b) Reasonable and necessary travel and related expenses incurred by the Commissioner and members of his staff, without limitation as to number, in attending meetings of the Association and its committees, subcommittees, hearings and other official activities.
The Commissioner shall give written notice of the required amount.
2. Expenses incurred for the purposes described in paragraphs (a) and (b) of subsection 1 must be paid in full and are not subject to the limitations expressed in NRS 281.160 or in the regulations of any state agency.
3. All money received by the Commissioner pursuant to subsection 1 must be deposited in the State Treasury for credit to the National Association Account of the Division of Insurance, which is hereby created in the State General Fund. Except as otherwise provided in subsection 2, all claims against the Account must be paid as other claims against the State are paid.
Sec. 9. NRS 681A.160 is hereby amended to read as follows:
681A.160 1. Except as otherwise provided in subsection 2, credit must be allowed if reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this state. An accredited reinsurer is one which:
(a) Files with the Commissioner an executed form approved by the Commissioner as evidence of its submission to this states jurisdiction;
(b) Submits to this states authority to examine its books and records;
(c) [Is] Files with the Commissioner a certified copy of a certificate of authority or other evidence approved by the Commissioner indicating that it is licensed to transact insurance or reinsurance in at least one state, or in the case of a branch in the United States of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance in at least one state;
(d) Files annually with the Commissioner a copy of its annual statement filed with the Division of its state of domicile or entry and a copy of its most recent audited financial statement; and
(e) Maintains a surplus as regards policyholders in an amount which is not less than $2