Link to Page 198

 

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ê2005 Statutes of Nevada, Page 199 (Chapter 69, SB 177)ê

 

      (a) [Five] Ten dollars to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.

      (b) Twenty-five dollars to be paid on the filing of any motion or other paper that seeks to modify or adjust a final order that was issued pursuant to chapter 125, 125B or 125C of NRS and on the filing of any answer or response to such a motion or other paper.

      2.  A board of county commissioners may not by ordinance impose a filing fee pursuant to paragraph (b) of subsection 1 for:

      (a) A motion filed solely to adjust the amount of support for a child set forth in a final order; or

      (b) A motion for reconsideration or for a new trial that is filed within 10 days after a final judgment or decree has been issued.

      3.  On or before the first Monday of each month, in a county in which a fee has been imposed pursuant to subsection 1, the county clerk shall account for and pay over to the county treasurer any such fees collected by him during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by him from the county clerk.

      4.  Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.

      Sec. 3.  NRS 19.0315 is hereby amended to read as follows:

      19.0315  1.  Except as otherwise provided in NRS 19.034, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, [the county clerk shall charge and collect a fee of $5 from] a board of county commissioners may impose by ordinance a filing fee in an amount not to exceed $15 to offset a portion of the costs of providing programs of arbitration and other alternative methods of resolving disputes on the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.

      2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for court programs of arbitration and other alternative methods of resolving disputes in the county general fund. The money in the account must be used only to support programs for the arbitration of civil actions pursuant to NRS 38.250 [.] and programs for the resolution of disputes through the use of other alternative methods of resolving disputes pursuant to NRS 38.258.

      3.  The provisions of this section apply only in judicial districts in which a program of arbitration has been established pursuant to NRS 38.250.

      Sec. 4.  NRS 4.071 is hereby amended to read as follows:

      4.071  1.  In addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed [$5] $10 to be paid on the commencement of any action or proceeding in the justice’s court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.

 

 


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ê2005 Statutes of Nevada, Page 200 (Chapter 69, SB 177)ê

 

legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed [$5] $10 to be paid on the commencement of any action or proceeding in the justice’s court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.

      2.  On or before the first Monday of each month, in a county in which a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by him during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by him from the justice of the peace.

      3.  Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.

________

 

CHAPTER 70, SB 504

Senate Bill No. 504–Committee on Finance

 

CHAPTER 70

 

AN ACT making an appropriation to the Legislative Fund; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund, created by NRS 218.085, the sum of $5,000,000.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 201ê

 

CHAPTER 71, AB 20

Assembly Bill No. 20–Assemblyman Grady

 

CHAPTER 71

 

AN ACT relating to state obligations; revising the provisions governing the issuance of general obligation bonds of the State of Nevada to support the program to provide grants for water conservation and capital improvements to certain water systems; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.986 is hereby amended to read as follows:

      349.986  1.  The State Board of Finance shall issue general obligation bonds of the State of Nevada [in the face amount of not more than $90,000,000] to support the purposes of the program [.] established by NRS 349.981. The aggregate principal amount of such bonds outstanding at any one time may not exceed $125,000,000.

      2.  The net proceeds from the sale of the bonds must be deposited in the Fund.

      3.  The bonds must be redeemed through the Consolidated Bond Interest and Redemption Fund.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 72, SB 111

Senate Bill No. 111–Committee on Commerce and Labor

 

CHAPTER 72

 

AN ACT relating to unemployment compensation; requiring certain information to be included in the notice given to employers when a former employee files a claim for unemployment compensation; requiring those employers to submit certain evidence in response to such a notice; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.475 is hereby amended to read as follows:

      612.475  1.  The last employing unit of any unemployed claimant and the next to last employing unit of an unemployed claimant who has not earned remuneration with his last covered employer equal to or exceeding his weekly benefit amount in each of 16 weeks must be notified of any new claim or additional claim filed by the unemployed claimant following his separation.

      2.  The notice of the filing of a claim must contain the claimant’s name and social security number , [and may contain] the reason for separation from the employing unit affected as given by the claimant, the date of separation and such other information as is deemed proper.

 


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ê2005 Statutes of Nevada, Page 202 (Chapter 72, SB 111)ê

 

from the employing unit affected as given by the claimant, the date of separation and such other information as is deemed proper.

      3.  Upon receipt of a notice of the filing of a claim, the employing unit shall, within 10 days after the date of the mailing of the notice, submit to the Division [any] all relevant facts which may affect the claimant’s rights to benefits.

      4.  Any employing unit that receives a notice of the filing of a claim may protest payment of benefits to the unemployed claimant if the protest is filed within 10 days after the notice is filed.

      5.  Any employing unit which has filed a protest in accordance with the provisions of this section must be notified in writing of the determination arrived at by the Administrator or his Deputy, and the notice must contain a statement setting forth the right of appeal.

      6.  As used in this section:

      (a) “Additional claim” means a claim filed during the benefit year when a break of 1 week or more has occurred in the series of claims with intervening employment.

      (b) “New claim” means an application for a determination of eligibility and benefits, benefit amount and duration of benefits which certifies to the beginning date of a first period of unemployment in a benefit year or the continuance of a period of unemployment into a new benefit year.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 73, SB 116

Senate Bill No. 116–Committee on Government Affairs

 

CHAPTER 73

 

AN ACT relating to labor; revising provisions relating to enforcement by the Labor Commissioner of the prevailing rate of wage requirement for public works; providing for civil liability under certain circumstances for an employer who knowingly and willfully stops paying premiums on a policy of group life or health insurance and fails to give proper and timely notice to his employees; providing for enforcement of such civil liability by the Labor Commissioner; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.015 is hereby amended to read as follows:

      338.015  1.  The Labor Commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive.

      2.  In addition to any other remedy or penalty provided in this chapter, if any person , including, without limitation, a public body, violates any provision of NRS 338.010 to 338.130, inclusive, or any regulation adopted pursuant thereto, the Labor Commissioner may , after providing the person with notice and an opportunity for a hearing, impose against the person an administrative penalty of not more than $5,000 for each such violation.

 


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ê2005 Statutes of Nevada, Page 203 (Chapter 73, SB 116)ê

 

      3.  The Labor Commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the person pursuant to this section.

      4.  The Labor Commissioner shall report the violation to the Attorney General, and the Attorney General [shall] may prosecute the person in accordance with law.

      Sec. 2.  NRS 608.158 is hereby amended to read as follows:

      608.158  1.  If an employer is the policyholder of a policy of group life or health insurance which covers his employees, he shall notify the employees of his inability to pay a premium when due or of his intention to stop paying premiums. The notice must be:

      (a) Given at least 10 days before the coverage will cease; and

      (b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.

      2.  [An] In addition to any other remedy or penalty provided in this chapter, an employer is liable to an employee for any money deducted from the employee’s wages for the payment of premiums on a policy of group life or health insurance if the money was not so used.

      3.  In addition to any other remedy or penalty provided in this chapter, if:

      (a) An employer knowingly and willfully stops paying premiums on a policy of group life or health insurance and fails to give proper and timely notice to his employees pursuant to subsection 1; and

      (b) One or more of his employees, after coverage under the policy ceases and before they are given notice that the employer has stopped paying premiums, incur claims for benefits which those employees would have received under the policy had their coverage not ceased,

Ê the employer is liable to those employees for the amount of the claims incurred, except that the employer’s total liability for all such claims combined must not exceed the amount of the premiums, calculated on a monthly basis, that the employer would have been required to pay under the policy to provide coverage for those employees during the period in which the claims were incurred by the employees.

      4.  If the Labor Commissioner brings an action pursuant to subsection 3 against an employer on behalf of his employees, any money recovered by the Labor Commissioner must be distributed on a pro rata basis among the employees who have claims against the employer, except that no employee may recover more than the total amount of all claims that the employee has against the employer. If the amount of money recovered by the Labor Commissioner exceeds the total amount of all claims from all employees, the excess amount must be deposited in the State General Fund.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 204ê

 

CHAPTER 74, SB 192

Senate Bill No. 192–Committee on Natural Resources

 

CHAPTER 74

 

AN ACT relating to animals; prohibiting the importation of certain live animals to protect this State from the effects of chronic wasting disease; revising provisions governing alternative livestock; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 571.210 is hereby amended to read as follows:

      571.210  1.  [Animals] Except as otherwise provided in this section, a person, his agent or employee may bring into this State any animal not under special quarantine by the State of Nevada, the Federal Government, or the state, territory or district of origin [may enter the State of Nevada] in compliance with regulations adopted by the State Quarantine Officer.

      2.  Notice that an animal is in transit is not required unless the animal remains in [the] this State, or is to be unloaded in this State to feed and rest for longer than 48 hours.

      3.  A person, his [agents or employees] agent or employee shall not bring any animal into this State unless he has obtained a health certificate showing that the animal is free from contagious, infectious or parasitic diseases or exposure thereto. This requirement does not apply to [animals] any animal whose accustomed range is on both sides of the Nevada state line and which [are] is being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon. The State Quarantine Officer shall adopt regulations concerning the form of the certificate.

      4.  A person , his agent or employee shall not:

      (a) Alter a health certificate; or

      (b) Divert any animal from the destination described on the health certificate without notifying the State Quarantine Officer within 72 hours after the diversion of the animal.

      5.  To protect this State from the effects of chronic wasting disease, a person, his agent or employee shall not bring into this State any live:

      (a) Rocky Mountain elk (Cervus elaphus nelsoni);

      (b) Mule deer (Odocoileus hemionus);

      (c) White-tailed deer (Odocoileus virginianus); or

      (d) Other animal that the State Quarantine Officer has, by regulation, declared to be susceptible to chronic wasting disease and prohibited from importation into this State.

      6.  Any animal brought into this State [without complying with] in violation of this section may be seized, destroyed or sent out of this State by the State Quarantine Officer within 48 hours. The expense of seizing, destroying or removing the animal must be paid by the owner or his agent in charge of the animal and the expense is a lien on the animal, unless it was destroyed, until paid.

 


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ê2005 Statutes of Nevada, Page 205 (Chapter 74, SB 192)ê

 

      Sec. 2.  NRS 501.003 is hereby amended to read as follows:

      501.003  As used in this title, “alternative livestock” means the following species, including subspecies, of the family Cervidae, if they are born and reared in captivity and raised on private property to produce meat or other by-products of animals or as breeding stock to produce alternative livestock:

      1.  Fallow deer (Dama dama).

      2.  Reindeer (Rangifer tarandus).

      [3.  Rocky Mountain Elk (Cervus elaphus nelsoni) that have been certified not to be hybrids with other cervid species or subspecies using the most current and scientifically accepted genetic tests available.]

      Sec. 3.  This act becomes effective upon passage and approval.

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CHAPTER 75, SB 59

Senate Bill No. 59–Committee on Commerce and Labor

 

CHAPTER 75

 

AN ACT relating to professions; increasing the number of members of the State Board of Professional Engineers and Land Surveyors; allowing an applicant for licensure as a professional engineer to take certain licensing examinations before the applicant meets the active experience requirements for licensure; providing that graduation from a college or university with certain advanced degrees satisfies part of the active experience requirements for licensure; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 625.100 is hereby amended to read as follows:

      625.100  1.  The Governor shall appoint [seven persons, four] nine persons, six of whom must be engaged in the practice or teaching of professional engineering in any of its disciplines except military engineering, and two of whom must be engaged in the practice or teaching of land surveying and one of whom must be a member of the general public. The members must be citizens of the United States and residents of this State, and constitute the State Board of Professional Engineers and Land Surveyors.

      2.  All appointments made for members who are engaged in the practice or teaching of professional engineering or land surveying must be made from the current roster of professional engineers and professional land surveyors as issued by the Board and on file in the office of the Secretary of State. Insofar as practicable, membership on the Board of those members must be distributed proportionately among the recognized disciplines of the profession. The members who are professional land surveyors must not be professional engineers.

      3.  Within 30 days after his appointment, each member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the oath with the Secretary of State.

 


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ê2005 Statutes of Nevada, Page 206 (Chapter 75, SB 59)ê

 

      Sec. 2.  NRS 625.110 is hereby amended to read as follows:

      625.110  1.  The Board shall elect officers from its members and, by regulation, establish the:

      (a) Offices to which members may be elected;

      (b) Title and term for each office; and

      (c) Procedure for electing members to each office.

      2.  At any meeting, [four] five members constitute a quorum.

      3.  Each member is entitled to receive:

      (a) A salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses , at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  The salaries of members of the Board and employees of the Board must be paid from the fees received by the Board pursuant to the provisions of this chapter, and no part of those salaries may be paid out of the State General Fund.

      6.  The Board shall appoint an Executive Director who serves at the pleasure of the Board and is entitled to receive such compensation as may be fixed by the Board.

      Sec. 3.  NRS 625.183 is hereby amended to read as follows:

      625.183  1.  A person who:

      (a) Is 21 years of age or older; and

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

Ê may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional engineer.

      2.  An applicant for licensure as a professional engineer must:

      (a) Be of good character and reputation; and

      (b) Pass the examination on the:

             (1) Fundamentals of engineering or receive a waiver of that requirement; and

             (2) Principles and practices of engineering,

Ê pursuant to NRS 625.193.

      3.  An applicant for licensure as a professional engineer [may not take the examination on the principles and practices of engineering, unless he:

      (a) Is] is not qualified for licensure unless the applicant meets the requirements of one of the following paragraphs:

      (a) The applicant must be a graduate of an engineering curriculum of 4 years or more that is approved by the Board and [has] must have a record of 4 years or more of active experience in engineering [that] which is satisfactory to the Board and which indicates that [he] the applicant is competent to be placed in responsible charge of engineering work . [; or

      (b) Has] An applicant who seeks to qualify for licensure pursuant to this paragraph and who is eligible to take the examination on the principles and practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and practices of engineering before the applicant meets the active experience requirements for licensure set forth in this paragraph.

 


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ê2005 Statutes of Nevada, Page 207 (Chapter 75, SB 59)ê

 

engineering before the applicant meets the active experience requirements for licensure set forth in this paragraph.

      (b) The applicant must have a record of 10 years or more of active experience in engineering work [that] which is satisfactory to the Board and which indicates that [he] the applicant is competent to be placed in responsible charge of engineering work. An applicant who seeks to qualify for licensure pursuant to this paragraph and who is eligible to take the examination on the principles and practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and practices of engineering only after the applicant has a record of 6 years or more of active experience in engineering work which is satisfactory to the Board.

      4.  To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (a) of subsection 3:

      (a) Graduation from a college or university [in] :

             (1) In a discipline of engineering with a master’s or doctoral degree is equivalent to 2 years of active experience; and

             (2) In a field other than engineering with an academic degree is equivalent to 2 years of active experience [.] ,

Ê except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.

      (b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.

      (c) The execution, as a contractor, of work designed by a professional engineer , or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

      5.  To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (b) of subsection 3:

      (a) Satisfactory completion of 1 year of courses in engineering that are approved by the Board, by a person who has not graduated from an engineering curriculum, is equivalent to 1 year of active experience in engineering.

      (b) Graduation from a college or university in a field other than engineering with an academic degree is equivalent to 2 years of active experience.

      (c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.

      (d) The execution, as a contractor, of work designed by a professional engineer , or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

      (e) [Not] In the aggregate, not more than 4 years of active experience may be satisfied by the completion of educational course work [.] or by graduation from a college or university, regardless of the number of courses completed or degrees earned.

 


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ê2005 Statutes of Nevada, Page 208 (Chapter 75, SB 59)ê

 

      6.  A person who is not working in the field of engineering when he applies for licensure is eligible for licensure as a professional engineer if he complies with the requirements for licensure prescribed in this chapter.

      Sec. 4.  NRS 625.183 is hereby amended to read as follows:

      625.183  1.  A person who:

      (a) Is 21 years of age or older; and

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

Ê may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional engineer.

      2.  An applicant for licensure as a professional engineer must:

      (a) Be of good character and reputation; and

      (b) Pass the examination on the:

             (1) Fundamentals of engineering or receive a waiver of that requirement; and

             (2) Principles and practices of engineering,

Ê pursuant to NRS 625.193.

      3.  An applicant for licensure as a professional engineer [may not take the examination on the principles and practices of engineering, unless he] is not qualified for licensure unless the applicant is a graduate of an engineering curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in engineering [that] which is satisfactory to the Board and which indicates that [he] the applicant is competent to be placed in responsible charge of engineering work. An applicant who is eligible to take the examination on the principles and practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and practices of engineering before the applicant meets the active experience requirements for licensure set forth in this subsection.

      4.  To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to subsection 3:

      (a) Graduation from a college or university in a discipline of engineering with a master’s or doctoral degree is equivalent to 2 years of active experience, except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.

      (b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.

      [(b)] (c) The execution, as a contractor, of work designed by a professional engineer , or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

      5.  A person who is not working in the field of engineering when he applies for licensure is eligible for licensure as a professional engineer if he complies with the requirements for licensure prescribed in this chapter.

      Sec. 5.  1.  As soon as practicable after passage and approval of this act, the Governor shall appoint two additional members to the State Board of Professional Engineers and Land Surveyors in accordance with the provisions of section 1 of this act.

 


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ê2005 Statutes of Nevada, Page 209 (Chapter 75, SB 59)ê

 

provisions of section 1 of this act. For the initial terms of those members, the Governor shall appoint:

      (a) One member who is engaged in the practice or teaching of professional engineering, except military engineering, whose term begins on October 1, 2005, and expires on September 30, 2008; and

      (b) One member who is engaged in the practice or teaching of professional engineering, except military engineering, whose term begins on October 1, 2005, and expires on September 30, 2007.

      2.  The provisions of this act do not abrogate or affect the term of office of any other member of the State Board of Professional Engineers and Land Surveyors.

      Sec. 6.  1.  This section and section 5 of this act become effective upon passage and approval.

      2.  Sections 1, 2 and 3 of this act become effective on October 1, 2005.

      3.  Section 3 of this act expires by limitation on June 30, 2010.

      4.  Section 4 of this act becomes effective on July 1, 2010.

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CHAPTER 76, SB 66

Senate Bill No. 66–Senators Hardy, Carlton, Amodei, Heck and McGinness

 

Joint Sponsor: Assemblyman Hardy

 

CHAPTER 76

 

AN ACT relating to industrial insurance; providing that an injured employee who lives in this State may receive vocational rehabilitation services outside of this State under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616C.580 is hereby amended to read as follows:

      616C.580  1.  Except as otherwise provided in this section, vocational rehabilitation services must not be provided outside of this State.

      2.  An injured employee who:

      (a) [Lives] Resides outside of this State, within 50 miles from any border of this State , on the date of injury; or

      (b) Was injured while temporarily employed in this State by an employer subject to the provisions of chapters 616A to 617, inclusive, of NRS who can demonstrate that, on the date of injury, his permanent residence was outside of this State,

Ê may receive vocational rehabilitation services at a location within 50 miles from his residence if such services are available at such a location.

      [2.] 3.  An injured employee [,] who:

      (a) Is eligible for vocational rehabilitation services pursuant to NRS 616C.590; and

 


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ê2005 Statutes of Nevada, Page 210 (Chapter 76, SB 66)ê

 

      (b) Resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection [1,] 2,

Ê may execute a written agreement with the insurer which provides for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services pursuant to NRS 616C.595. The amount of the lump sum must not exceed $20,000.

      [3.] 4.  An injured employee who resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection [1] 2 may receive the vocational rehabilitation services to which he is entitled pursuant to NRS 616C.545 to 616C.575, inclusive, and 616C.590 if he relocates to:

      (a) This State; or

      (b) A location within 50 miles from any border of this State,

Ê at his own expense, if such services are available at such a location.

      5.  An injured employee who resides in this State may receive vocational rehabilitation services outside of this State at a location within 50 miles from his residence if such services are available at such a location. An insurer may not unreasonably deny a request made by an injured employee pursuant to this subsection to receive vocational rehabilitation services outside of this State.

      Sec. 2.  NRS 616C.595 is hereby amended to read as follows:

      616C.595  1.  If an injured employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590, the insurer and the injured employee may, at any time during the employee’s eligibility for such services, execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services. An insurer’s refusal to execute such an agreement may not be appealed.

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

      3.  Before executing an agreement pursuant to subsection 1, an insurer shall:

      (a) Order an assessment of and counseling concerning the vocational skills of the injured employee, unless the provisions of subsection 3 of NRS 616C.580 are applicable;

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

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

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

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

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

 


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ê2005 Statutes of Nevada, Page 211 (Chapter 76, SB 66)ê

 

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

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

________

 

CHAPTER 77, AB 372

Assembly Bill No. 372–Committee on Government Affairs

 

CHAPTER 77

 

AN ACT relating to housing; revising the area of operation of the Rural Housing Authority; providing that the Rural Housing Authority may operate in an area in which it is authorized to operate without the approval of a local housing authority operating in the same area; providing that the Rural Housing Authority may make a mortgage loan for residential housing; revising the power of the Rural Housing Authority to issue bonds and notes; providing that the Rural Housing Authority may enter into agreements with and accept property from any person or governmental agency; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 315 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Lending institution” means any bank or trust company, Federal National Mortgage Association approved mortgage banker, national banking association, savings and loan association or other financial institution or governmental agency of the United States which customarily provides service or otherwise aids in the financing of mortgages located in this State.

      Sec. 4.  “Mortgage” means a mortgage deed, deed of trust or other instrument which constitutes a lien on real property in fee simple or on a leasehold under a lease whose remaining term, at the time such mortgage is acquired, does not expire for at least that number of years beyond the maturity date of the obligation secured by such mortgage as is established by the State Authority as necessary to protect its interest as mortgagee.

      Sec. 5.  “Mortgage loan” means an interest-bearing obligation secured by a mortgage on land and improvements in this State.

      Sec. 6.  “Real property” means all lands, including rights to space above the lands, improvements and fixtures on the lands and property of any nature appurtenant to or used in connection with the lands, and every estate, interest and right, legal or equitable, in the lands, including terms of years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

 


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ê2005 Statutes of Nevada, Page 212 (Chapter 77, AB 372)ê

 

years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

      Sec. 7.  “Residential housing” means one or more new or existing residential dwelling units financed pursuant to the provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act for the primary purpose of providing decent, safe and sanitary dwelling accommodations for persons of low and moderate income in need of housing, including any buildings, manufactured homes, mobile homes, mobile home parks, land, improvements, equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including, without limitation, streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the State Authority determines improve the quality of the residential living for persons of low and moderate income.

      Sec. 8.  Except as otherwise provided in section 9 of this act, a housing authority shall not operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein.

      Sec. 9.  The State Authority may operate in any area of the State which is not included within the corporate limits of a city or town having a population of 100,000 or more.

      Sec. 10.  The State Authority shall determine the amount of income which is necessary to enable a person or family, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.

      Sec. 11.  The State Authority may make, undertake commitments to make and participate with lending institutions in the making of mortgage loans to finance the acquisition, construction, development, renewal, redevelopment, rehabilitation or refinancing of residential housing, including, without limitation, single family and multifamily housing, within this State.

      Sec. 12.  Any mortgage loan made by the State Authority must be secured in such manner, be repaid in such period and bear interest at such rate or rates as are determined by the State Authority.

      Sec. 13.  The State Authority may:

      1.  Renegotiate, refinance or foreclose, or contract for the foreclosure of, any mortgage in default;

      2.  Waive any default or consent to the modification of the terms of any mortgage;

      3.  Commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement;

      4.  Bid for and purchase property upon which it holds a mortgage at any foreclosure or at any other sale, or acquire and take possession of any such property;

      5.  Operate, manage, lease, dispose of and otherwise deal with such property in such manner as may be necessary to protect the interest of the State Authority and the holders of its bonds, notes and other obligations; and

      6.  Consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest, security or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind to which the State Authority is a party, subject to any agreement with bondholders or noteholders.

 


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ê2005 Statutes of Nevada, Page 213 (Chapter 77, AB 372)ê

 

other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind to which the State Authority is a party, subject to any agreement with bondholders or noteholders.

      Sec. 14.  The State Authority may charge and collect such fees and charges as the State Authority may establish from time to time for its making of mortgage loans for residential housing.

      Sec. 15.  The State Authority may procure insurance against any loss in connection with its property and other assets, including mortgages and mortgage loans, in such amounts and from such insurers as it deems desirable.

      Sec. 16.  The State Authority shall not finance any residential housing unless, before such financing, the State Authority finds that:

      1.  There exists a shortage of decent, safe and sanitary housing at rentals or prices which eligible families can afford within the general housing market area as determined by the State Authority.

      2.  Private enterprise and investment have been unable, without assistance, to provide an adequate supply of decent, safe and sanitary housing in such housing market area at rentals or prices which persons or families of low and moderate income can afford or to provide sufficient mortgage financing for residential housing for occupancy by such persons or families.

      3.  The proposed residential housing will increase the supply or improve the quality of decent, safe and sanitary housing for eligible families.

      4.  The residential housing to be developed or assisted by the State Authority pursuant to the provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act will be of public use and will provide a public benefit.

      5.  The estimates of the State Authority of its revenues from the financing of the residential housing, together with all subsidies, grants or other financial assistance from governmental agencies or other entities to be received in connection with the residential housing, will be sufficient to pay the amount estimated by the State Authority as necessary for debt service on its notes and bonds to be issued for the financing of the residential housing.

      Sec. 17.  1.  The State Authority may issue its negotiable notes and bonds in such principal amount as the State Authority determines to be necessary to provide sufficient money for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the State Authority, establishment of bond reserve funds and other reserves to secure the notes and bonds, and all other expenditures of the State Authority necessary or convenient to carry out its statutory purposes and powers.

      2.  Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the State Authority are special obligations of the State Authority payable out of any revenues, money or other assets of the State Authority pledged thereto.

      Sec. 18.  The bonds issued pursuant to section 17 of this act may be issued as serial bonds payable in annual installments or as term bonds, or as a combination thereof. The notes and bonds must bear interest at such a rate or rates, be in such denominations, have such registration privileges, be executed in such a manner, be payable in such a medium of payment, at such a place or places within or outside of the State, and be subject to such terms of redemption as the State Authority determines.

 


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ê2005 Statutes of Nevada, Page 214 (Chapter 77, AB 372)ê

 

such a place or places within or outside of the State, and be subject to such terms of redemption as the State Authority determines. The notes and bonds of the State Authority may be sold by the State Authority at public or private sale at such a price or prices as the State Authority determines except that no note, bond or other obligation issued by the State Authority may be initially distributed to the public unless it has received a rating in one of the three highest rating categories from a national rating service.

      Sec. 19.  The State Authority in issuing any notes or bonds may contract with the holders thereof as to:

      1.  Pledging all or any part of the revenues of the State Authority to secure the payment of the notes or bonds subject to such agreements with noteholders or bondholders as may then exist.

      2.  Pledging all or any part of the assets of the State Authority, including mortgages and obligations securing such assets, to secure the payment of the notes or bonds subject to such agreements with noteholders or bondholders as may then exist.

      3.  The use and disposition of the gross income from mortgages owned by the State Authority and the payment of principal of mortgages owned by the State Authority.

      4.  The setting aside of reserves or sinking funds and the regulation and disposition thereof.

      5.  Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof.

      6.  Limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding or other notes or bonds.

      7.  The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto and the manner in which such consent may be given.

      8.  Limitations on the amount of money to be expended by the State Authority for operating expenses of the State Authority.

      9.  Vesting in a trustee or trustees such property, rights, powers and duties in trust as the State Authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act and limiting or abrogating the right of the bondholders to appoint a trustee under this act or limiting the rights, powers and duties of such trustee.

      10.  Defining the acts or omissions which constitute a default in the obligations and duties of the State Authority to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in case of such default, including, as a matter of right, the appointment of a receiver, but such rights and remedies must not be inconsistent with the general laws of this State and the other provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act.

      11.  Any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.

Ê Any pledge made by the State Authority is valid and binding from the time the pledge is made. The revenues, money or property so pledged and thereafter received by the State Authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the State Authority, whether or not such persons have notice thereof.

 


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ê2005 Statutes of Nevada, Page 215 (Chapter 77, AB 372)ê

 

lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the State Authority, whether or not such persons have notice thereof. Neither the proceedings of the State Authority relating to the bonds or notes nor any other instrument by which a pledge is created need be recorded.

      Sec. 20.  In the discretion of the State Authority, bonds issued by the State Authority may be secured by a trust indenture or trust indentures by and between the State Authority and a corporate trustee, which may be any trust company or bank having the power of a trust company within or outside this State. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the State Authority in relation to the exercise of its statutory powers and the custody, safeguarding and application of all money. The State Authority may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as the State Authority may determine. All expenses incurred in carrying out such trust indenture may be treated as part of the operating expenses of the State Authority. Such trust indenture may limit or abrogate the right of the holders of any bonds, notes or other obligations of the State Authority to appoint a trustee under sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act or limit the rights, powers and duties of such trustee.

      Sec. 21.  The State Authority may procure or agree to the procurement of insurance or guarantees from any governmental agency or from any private insurance company, of the payment of any bonds or notes or any other evidences of indebtedness thereof issued by the State Authority or by any lending institution, and may pay premiums on such insurance.

      Sec. 22.  1.  The State Authority, subject to such agreements with noteholders or bondholders as may then exist, may, out of any money available therefor, purchase its notes or bonds to retire and cancel them. The price must not exceed:

      (a) The redemption price then applicable plus accrued interest to the next interest payment thereon if the notes or bonds are then redeemable; or

      (b) The redemption price applicable on the first date after the purchase upon which the notes or bonds become subject to redemption plus accrued interest to that date if the notes or bonds are not redeemable.

      2.  The State Authority may, in connection with any remarketing or refunding of its notes or bonds or for any of its purposes, acquire, or cause to be acquired, its notes or bonds without retiring and cancelling them.

      Sec. 23.  The State Authority may:

      1.  Provide that any bonds or notes issued by the State Authority be insured or be secured by surety bonds, letters of credit not issued by the State Authority, guaranties or other means of assuring repayment of such bonds or notes.

      2.  Require that any loans, including a mortgage loan, made or purchased by the State Authority be insured or be secured by surety bonds, letters of credit not issued by the State Authority, guaranties or other means of assuring repayment of such loans.

 


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ê2005 Statutes of Nevada, Page 216 (Chapter 77, AB 372)ê

 

      3.  Pay the fees, charges, premiums and any other costs associated with obtaining and maintaining insurance, or other means of assuring repayment, from any available money of the State Authority including premiums, fees and charges assessed against sponsors, lending institutions or other participants or beneficiaries of the programs of the State Authority.

      Sec. 24.  The State Authority may:

      1.  Waive, by such means as the State Authority deems appropriate, any exemption from federal income taxation of interest on the bonds, notes or other obligations of the State Authority provided by 26 U.S.C. §§ 141 to 149, inclusive, and related portions of the Internal Revenue Code or any succeeding code or other federal statute providing a similar exemption; or

      2.  Issue notes, bonds or other obligations, the interest on which is not exempt from federal income taxation or excluded from gross revenue for the purpose of federal income taxation, if necessary to carry out the purposes of NRS 315.961 to 315.996, inclusive, and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act.

      Sec. 25.  1.  The State Authority may issue refunding obligations to refund any obligations then outstanding which have been issued under the provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of the obligations and for any statutory purpose of the State Authority. The issuance of the obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the State Authority in respect to them are governed by the provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act which relate to the issuance of original obligations insofar as appropriate.

      2.  Refunding obligations issued as provided in this section may be sold or exchanged for outstanding obligations issued under sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act and, if they are sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of the outstanding obligations. Pending the application of the proceeds of the refunding obligations, with any other available funds, to the purpose for which they are issued, the proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by the United States of America, or obligations of any agency or instrumentality of the United States of America, which mature or which are subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

      Sec. 26.  1.  The State Authority may establish one or more bond reserve funds, and shall pay into each such bond reserve fund:

      (a) Any money appropriated by the Legislature for the purpose of the fund;

      (b) Any proceeds of sale of notes or bonds to the extent provided in connection with the issuance thereof; and

      (c) Any other money which may be available to the State Authority for the purpose of the fund from any other source or sources.

 


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ê2005 Statutes of Nevada, Page 217 (Chapter 77, AB 372)ê

 

Ê All money held in any bond reserve fund, except as otherwise expressly provided in sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act must be used, as required, solely for the payment of the principal of bonds secured in whole or in part by the fund or of the sinking fund payments with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when the bonds are redeemed before maturity.

      2.  Money in such a fund must not be withdrawn from the fund at any time in an amount that would reduce the amount of the fund below the requirement established for that fund, except to pay when due, with respect to bonds secured in whole or in part by that fund, principal, interest, redemption premiums and sinking fund payments for the payment of which other money of the State Authority is not available.

      Sec. 27.  The State Authority shall not at any time pursuant to sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act issue bonds, secured in whole or in part by a bond reserve fund, if upon the issuance of those bonds, the amount in that bond reserve fund will be less than the bond reserve fund requirement for that fund, unless the State Authority at the time of issuance of those bonds deposits in that fund from the proceeds of the bonds issued, or from other sources, an amount which, together with the amount then in that fund, will not be less than the bond reserve fund requirement for that fund. The bond reserve fund requirement, as of any particular date of computation, is an amount of money, specified in the proceedings of the State Authority authorizing the bonds with respect to which the fund is established, necessary to provide adequate reserves for debt service on the bonds.

      Sec. 28.  The provision of bond reserve fund requirements is designed to assure the continued operation and solvency of the State Authority for the carrying out of its statutory purposes.

      Sec. 29.  1.  If the State Authority defaults in the payment of principal of or interest on any bonds or notes issued under sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act after it is due, whether at maturity or upon call for redemption, and such default continues for a period of 30 days, or if the State Authority fails or refuses to comply with the provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act or defaults in any agreement made with the holders of an issue of its bonds or notes, the holders of 25 percent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the Office of the Secretary of State and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes provided in this section.

      2.  The trustee may, and upon written request of the holders of 25 percent in principal amount of such bonds or notes then outstanding shall, in his or its own name:

      (a) Enforce the right of the bondholders or noteholders to require the State Authority to collect interest and amortization payments on the mortgages held by it adequate to carry out any agreement as to, or pledge of, such interest and amortization payments, and to require the State Authority to carry out any other agreements with the holders of such bonds or notes and to perform its duties under this act.

 


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ê2005 Statutes of Nevada, Page 218 (Chapter 77, AB 372)ê

 

      (b) Enforce the right of the bondholders or noteholders to collect and enforce the payment of principal of and interest due or becoming due on loans to lending institutions and collect and enforce any rights in respect to collateral securing such loans or sell such collateral, so as to carry out any contract as to, or pledge of revenues, and to require the State Authority to carry out any contract as to, or pledge of revenues, and to require the State Authority to perform its duties under sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act.

      (c) Bring suit upon all or any part of such bonds or notes.

      (d) By civil action, require the State Authority to account as if it were the trustee of an express trust for the holders of such bonds or notes.

      (e) By civil action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds or notes.

      (f) Declare all such bonds or notes due, and if all defaults are made good then with the consent of the holders of 25 percent of the principal amount of such bonds or notes then outstanding, to annul such declaration and its consequences.

      (g) Enforce any other right of the bondholders or noteholders conferred by law or by the proceedings of the State Authority authorizing the issuance of the bonds or notes.

      3.  The trustee shall, in addition to the powers listed in subsection 2, have all the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

      4.  Before declaring the principal of bonds or notes due, the trustee shall give 30 days’ notice in writing to the Governor, to the State Authority and to the Attorney General of this State.

      5.  The District Court of the First Judicial District has jurisdiction of any suit, action or proceeding by the trustee on behalf of bondholders or noteholders.

      Sec. 30.  1.  The State of Nevada hereby pledges to and agrees with the holders of any notes or bonds issued under sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act that the State will not limit or alter the rights vested in the State Authority by sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act to fulfill the terms of any agreements made with such holders or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The State Authority may include this pledge and agreement of the State in any agreement with the holders of such notes or bonds.

      2.  Obligations issued under the provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act, including letters of credit issued by the State Authority, do not constitute a debt, liability or obligation of this State or of any political subdivision thereof, or a pledge of the faith and credit of this State or of any political subdivision thereof, but are payable solely from the revenues or assets of the State Authority. Neither the commissioners of the State Authority nor any person executing the bonds is liable personally on the bonds by reason of the issuance thereof. Each obligation, including a letter of credit, issued under sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act must contain on the face thereof a statement to the effect that the State Authority is not obligated to pay the obligation or the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of this State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on the obligation.

 


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ê2005 Statutes of Nevada, Page 219 (Chapter 77, AB 372)ê

 

inclusive, and 11 to 33, inclusive, of this act must contain on the face thereof a statement to the effect that the State Authority is not obligated to pay the obligation or the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of this State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on the obligation. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

      Sec. 31.  The State Authority may submit to the Attorney General of the State any bonds to be issued under sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the Attorney General, the Attorney General shall examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If the proceedings conform to the provisions of sections 2 to 7, inclusive, and 11 to 33, inclusive, of this act and are otherwise regular in form, and if such bonds when delivered and paid for will constitute binding and legal obligations of the State Authority enforceable according to the terms thereof, the Attorney General shall certify in substance upon the back of each of the bonds that it is issued in accordance with the Constitution and laws of the State of Nevada.

      Sec. 32.  1.  The notes and bonds of the State Authority are legal investments in which all public officers and public bodies of the State, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, savings and loan associations and trust companies, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are authorized to invest in bonds or in other obligations of this State, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are securities which may properly and legally be deposited with and received by all public officers and public bodies of the State or any agency or political subdivision of the State and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of this State is authorized by law and may be used as collateral to secure any deposit of public money.

      2.  The notes and bonds of the State Authority are securities within the meaning of the Uniform Commercial Code—Investment Securities.

      Sec. 33.  If any of the commissioners or officers of the State Authority whose signatures appear on any bonds or coupons cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery.

      Sec. 34.  NRS 315.140 is hereby amended to read as follows:

      315.140  NRS 315.140 to 315.780, inclusive, and section 8 of this act may be referred to as the Housing Authorities Law of 1947.

      Sec. 35.  NRS 315.150 is hereby amended to read as follows:

      315.150  Unless the context otherwise requires, the definitions contained in NRS 315.160 to 315.300, inclusive, govern the construction of NRS 315.140 to 315.780, inclusive [.] and section 8 of this act.

 


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ê2005 Statutes of Nevada, Page 220 (Chapter 77, AB 372)ê

 

      Sec. 36.  NRS 315.160 is hereby amended to read as follows:

      315.160  1.  In the case of an authority of a city or town, “area of operation” shall include such city or town and the area within 5 miles of the territorial boundaries thereof; but the area of operation of an authority of any city or town shall not include any area which lies within the territorial boundaries of some other city or town as herein defined, unless a resolution shall have been adopted by the governing body of such other city or town (and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for such authority to exercise its powers within that city or town.

      2.  In the case of an authority of a county, “area of operation” shall include all of the county for which it is created; but a county authority shall not undertake any housing project or projects within the boundaries of any city or town, as herein defined, unless a resolution shall have been adopted by the governing body of such city or town (and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for the county authority to exercise its powers within such city or town.

      [3.  No housing authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein.]

      Sec. 37.  NRS 315.961 is hereby amended to read as follows:

      315.961  1.  It is the policy of this State to promote the health, welfare and safety of its residents and to develop more desirable neighborhoods and alleviate poverty in the counties, cities and towns of the State by making provision for decent, safe and sanitary [low-rent] housing facilities for persons of low and moderate income.

      2.  It is hereby found and declared:

      (a) That there is a shortage of safe and sanitary dwelling accommodations in the rural [counties] areas of the State which are available to persons of low and moderate income, particularly senior citizens of low and moderate income, at rentals or prices they can afford ; [, specifically in areas where local housing authorities are not operating;]

      (b) That the establishment and operation of a sufficient number of new local housing authorities to undertake housing projects on an individual basis in such counties and the cities and towns therein is not feasible at the present time due to geographic and economic circumstances; [and]

      (c) That the shortage of low-rent housing facilities in such counties can be partially remedied through state action by the establishment of a state housing authority having the power to undertake housing projects [in any or all of the rural counties in substantially the same manner as a local housing authority .] and make mortgage loans for residential housing; and

      (d) That it is appropriate for such a state housing authority to issue obligations for the purpose of undertaking housing projects and providing mortgage loans for residential housing and to perform any other function authorized by NRS 315.961 to 315.996, inclusive, and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act.

      Sec. 38.  NRS 315.962 is hereby amended to read as follows:

      315.962  As used in NRS 315.961 to 315.996, inclusive, and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act unless the context otherwise requires, the words and terms defined in NRS 315.963 to 315.976, inclusive, have the meanings ascribed to them in those sections.

 


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ê2005 Statutes of Nevada, Page 221 (Chapter 77, AB 372)ê

 

      Sec. 39.  NRS 315.963 is hereby amended to read as follows:

      315.963  “Area of operation” means any [or all counties] area of the State which is not included within the corporate limits of a city or town having a population of [less than 100,000, including any or all cities and towns within such counties.] 100,000 or more.

      Sec. 40.  NRS 315.965 is hereby amended to read as follows:

      315.965  “Bonds” means any bonds, notes, interim certificates, debentures or other obligations issued by the Authority pursuant to the provisions of NRS 315.961 to 315.996, inclusive [.] , and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act.

      Sec. 41.  NRS 315.969 is hereby amended to read as follows:

      315.969  1.  “Housing project” means any work or undertaking:

      (a) To demolish, clear or remove buildings from any area acquired by the Authority;

      (b) To provide decent, safe and sanitary rural dwellings, apartments or other living accommodations for persons of low and moderate income. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or

      (c) To accomplish a combination of the foregoing.

      2.  “Housing project” also may be applied to the planning of the buildings and improvements, the acquisition or leasing of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

      3.  The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park , or the purchase, leasing or rental of mobile homes.

      Sec. 42.  NRS 315.973 is hereby amended to read as follows:

      315.973  “Persons of low and moderate income” means individuals or families who lack the amount of income which is necessary , [(] as determined by the Authority [)] pursuant to the provisions of section 10 of this act, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.

      Sec. 43.  NRS 315.979 is hereby amended to read as follows:

      315.979  1.  As soon as possible after their appointment, the commissioners shall organize for the transaction of business by choosing a Chairman and Vice Chairman and by adopting bylaws and rules and regulations suitable to the purpose of organizing the Authority and conducting the business thereof.

      2.  The commissioners shall appoint an Executive Director and such other officers and employees as the Authority may require for the performance of its duties. The commissioners shall prescribe the duties of each officer and employee, fix their salaries, and establish the terms and conditions of their employment.

      3.  At least once a year the Authority shall submit to the Nevada League of Cities, the Nevada Association of Counties, and the governing body of each city and county in its area of operation, a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other actions as it deems necessary to carry out the purposes of NRS 315.961 to 315.996, inclusive [.]

 


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ê2005 Statutes of Nevada, Page 222 (Chapter 77, AB 372)ê

 

purposes of NRS 315.961 to 315.996, inclusive [.] , and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act.

      Sec. 44.  NRS 315.981 is hereby amended to read as follows:

      315.981  1.  A commissioner or employee of the Authority shall not voluntarily acquire any interest, direct or indirect, except as a residential tenant, in any housing project , [or] in any property included or planned to be included in any housing project , [or] in any contract or proposed contract in connection with any housing project [.] or in any mortgage loan for residential housing made pursuant to the provisions of section 11 of this act. Where the acquisition is not voluntary, the commissioner or employee shall immediately disclose the interest in writing to the Authority and the disclosure must be entered upon the minutes of the Authority. Upon disclosure the commissioner or employee shall not participate in any action by the Authority involving the housing project, property [or contract.] , contract or mortgage loan for residential housing. If any commissioner or employee of the Authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, [or] in any contract or proposed contract in connection with any housing project [,] or in any mortgage loan for residential housing, he shall immediately disclose the interest in writing to the Authority and the disclosure must be entered upon the minutes of the Authority. Upon disclosure the commissioner or employee shall not participate in any action by the Authority involving the housing project, property [or contract.] , contract or mortgage loan for residential housing.

      2.  A violation of any provision of this section constitutes malfeasance in office.

      3.  This section is not applicable to the acquisition of any interest in notes or bonds of the Authority [issued in connection with any housing project] or the execution of agreements by financial institutions for the deposit or handling of money in connection with a housing project or to act as trustee under any trust indenture.

      Sec. 45.  NRS 315.983 is hereby amended to read as follows:

      315.983  1.  Except as otherwise provided in NRS 354.474 and 377.057, the Authority:

      (a) Shall be deemed to be a public body corporate and politic, and an instrumentality, local government and political subdivision of the State, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the purposes and provisions of NRS 315.961 to 315.996, inclusive, and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act but not the power to levy and collect taxes or special assessments.

      (b) Is not an agency, board, bureau, commission, council, department, division, employee or institution of the State.

      2.  The Authority may:

      (a) Sue and be sued.

      (b) Have a seal.

      (c) Have perpetual succession.

      (d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

      (e) Deposit money it receives in any insured state or national bank, insured credit union, insured savings and loan association, or in the Local Government Pooled Long-Term Investment Account created by NRS 355.165 or the Local Government Pooled Investment Fund created by NRS 355.167.

 


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ê2005 Statutes of Nevada, Page 223 (Chapter 77, AB 372)ê

 

355.165 or the Local Government Pooled Investment Fund created by NRS 355.167.

      (f) Adopt bylaws, rules and regulations to carry into effect the powers and purposes of the Authority.

      (g) Create a nonprofit organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the development of housing projects.

      (h) Enter into agreements or other transactions with, and accept grants from and cooperate with, any governmental agency or other source in furtherance of the purposes of NRS 315.961 to 315.996, inclusive, and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act.

      (i) Acquire real or personal property or any interest therein, by gift, purchase, foreclosure, deed in lieu of foreclosure, lease, option or otherwise.

      Sec. 46.  NRS 315.984 is hereby amended to read as follows:

      315.984  [Subject to the provisions of NRS 315.986 and 315.987:]

      1.  The Authority or a nonprofit corporation created pursuant to paragraph (g) of subsection 2 of NRS 315.983 may, within its area of operation, prepare, carry out and operate housing projects and provide for the construction, reconstruction, improvement, extension, alteration or repair of any such project or any part thereof.

      2.  The Authority may, within its area of operation, administer programs to subsidize that portion of a tenant’s rental payments which represents the difference between the payment required in the lease and the amount paid under any program of the Federal Government.

      3.  The Authority may, within its area of operation, determine where there is a need for additional low-rent housing for persons of low and moderate income and where there is unsafe, insanitary or overcrowded housing.

      4.  The Authority may, within its area of operation, make studies and recommendations relating to the problems of relieving the shortage of low-rent housing and of eliminating unsafe, insanitary or overcrowded housing.

      5.  The Authority may, within its area of operation, cooperate with the Federal Government, state agencies, local housing authorities, counties, cities, towns and other political subdivisions of the State in action taken in connection with such problems.

      Sec. 47.  NRS 315.988 is hereby amended to read as follows:

      315.988  1.  The State Authority may exercise all or any part or combination of the powers granted to local housing authorities in NRS 315.450, 315.460 and 315.470 in connection with contracts, property, investments and related matters.

      2.  The provisions of NRS 315.560 [, 315.570 and 315.600 to 315.780, inclusive,] and 315.570 concerning powers of local housing authorities with respect to federal aid, housing in rural areas [, bond financing] and related matters apply to the State Authority in the same manner and to the same extent as they apply to local authorities.

      Sec. 48.  NRS 315.990 is hereby amended to read as follows:

      315.990  The Authority shall agree with the governing body of each affected city, town, county or other political subdivision to make such payments in lieu of taxes as it finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of NRS 315.961 to 315.996, inclusive [.]

 


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ê2005 Statutes of Nevada, Page 224 (Chapter 77, AB 372)ê

 

NRS 315.961 to 315.996, inclusive [.] , and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act.

      Sec. 49.  NRS 315.992 is hereby amended to read as follows:

      315.992  1.  [All] Except as otherwise provided in subsection 2, all real and personal property of the Authority, including money, owned or held by it for the purposes of NRS 315.961 to 315.996, inclusive, and sections 2 to 7, inclusive, and 9 to 33, inclusive, of this act are exempt from levy and sale by virtue of an execution or other judicial process. Execution or other judicial process may not issue against such property, nor may any judgment against the Authority be a charge or lien upon such property.

      2.  This section does not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance of the Authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees or revenues.

      Sec. 50.  NRS 315.993 is hereby amended to read as follows:

      315.993  1.  The Authority shall not construct or operate any housing project for profit.

      2.  The Authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low and moderate income.

      3.  The Authority shall fix the rentals or payments for dwellings in its housing projects at no higher rates than are necessary to produce revenue which, together with all other available money, revenue, income and receipts of the Authority from whatever sources derived, will be sufficient:

      (a) To pay, as it becomes due, the principal and interest on the bonds of the Authority.

      (b) To create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on its bonds.

      (c) To meet the cost of, and to provide for, maintaining and operating the housing projects, including necessary reserves therefor and the cost of any insurance, and the administrative expenses of the Authority.

      (d) To make such payments in lieu of taxes as it determines are consistent with the maintenance of the low-rent character of the housing projects.

      4.  For the purposes of this section, a housing project constructed or operated by the Authority that is eligible for credit for low-income housing pursuant to 26 U.S.C. § 42 is not constructed or operated for profit.

      Sec. 51.  NRS 315.994 is hereby amended to read as follows:

      315.994  In the operation or management of its housing projects the Authority shall at all times observe the following duties with respect to rentals and tenant admissions:

      1.  It may rent or lease the dwelling accommodations therein only to persons of low and moderate income.

      2.  It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms , [(] but no greater number , [)] which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.

      3.  It shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $200 for each minor member of the family other than the head of the family and his spouse, in excess of 7 times the annual rental of the quarters to be furnished such person or persons; but the Authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the Authority.

 


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ê2005 Statutes of Nevada, Page 225 (Chapter 77, AB 372)ê

 

exemption of $200 for each minor member of the family other than the head of the family and his spouse, in excess of 7 times the annual rental of the quarters to be furnished such person or persons; but the Authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the Authority. In computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost , [(] as determined by the Authority , [)] to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.

      Sec. 52.  NRS 315.985, 315.986 and 315.987 are hereby repealed.

      Sec. 53.  1.  Notwithstanding the amendatory provisions of this act, any bond financing conducted by the State Authority pursuant to the provisions of NRS 315.988 before the effective date of this act must be governed by the provisions of NRS 315.988 as that section existed before the effective date of this act.

      2.  As used in this section, “State Authority” has the meaning ascribed to it in NRS 315.964.

      Sec. 54.  This act becomes effective upon passage and approval.

________

 

CHAPTER 78, AB 235

Assembly Bill No. 235–Assemblyman Grady

 

CHAPTER 78

 

AN ACT relating to cities; revising the provisions governing the changing of the boundaries of wards established in cities incorporated by general law; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 266.095 is hereby amended to read as follows:

      266.095  1.  In a city incorporated pursuant to this chapter, the city may be divided into wards by ordinance as follows:

      (a) A city of population category one, into four or six wards.

      (b) A city of population category two or three, into three or five wards.

      2.  The division of cities into wards must, during the incorporation thereof, be made by the board of county commissioners. The wards must as nearly as practicable be of equal population and in compact form.

      3.  Once established, the boundaries of wards must be changed by ordinance of the city council .

      4.  Except as otherwise provided in NRS 293.209, the boundaries of the wards:

      (a) Must be changed whenever [,] the population, as determined [at the close of registration before each general election, the number of registered voters in any ward exceeds the number of registered voters] by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent.

 


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ê2005 Statutes of Nevada, Page 226 (Chapter 78, AB 235)ê

 

      (b) May be changed to include territory which has been annexed, or whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure that is found to be reliable by the city council.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 79, AB 179

Assembly Bill No. 179–Assemblymen Oceguera, Allen, Arberry Jr., Denis, Gerhardt, Horne, Koivisto, McCleary, Munford, Parks and Seale

 

Joint Sponsor: Senator Titus

 

CHAPTER 79

 

AN ACT relating to purchasing; exempting certain purchases of personal safety equipment for use by local governmental agencies from requirements of competitive bidding; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 332.115 is hereby amended to read as follows:

      332.115  1.  Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:

      (a) Items which may only be contracted from a sole source;

      (b) Professional services;

      (c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

      (d) Equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment;

      (e) Perishable goods;

      (f) Insurance;

      (g) Hardware and associated peripheral equipment and devices for computers;

      (h) Software for computers;

      (i) Books, library materials and subscriptions;

      (j) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;

      (k) Motor vehicle fuel for use in a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicle’s assigned service area from a fueling station owned by the State of Nevada or a local government;

      (l) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners;

      (m) Supplies, materials or equipment that are available pursuant to an agreement with a vendor that has entered into an agreement with the General Services Administration or another governmental agency located within or outside this State;

 


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ê2005 Statutes of Nevada, Page 227 (Chapter 79, AB 179)ê

 

Services Administration or another governmental agency located within or outside this State;

      (n) Items for resale through a retail outlet operated in this State by a local government or the State of Nevada;

      (o) Commercial advertising within a recreational facility operated by a county fair and recreation board; and

      (p) Goods or services purchased from organizations or agencies whose primary purpose is the training and employment of handicapped persons,

Ê are not subject to the requirements of this chapter for competitive bidding, as determined by the governing body or its authorized representative.

      2.  The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding, as determined by the governing body or its authorized representative, if:

      (a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; or

      (b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.

      3.  The purchase of personal safety equipment for use by a [local fire department or local law enforcement] response agency or any other local governmental agency is not subject to the requirements of this chapter for competitive bidding, as determined by the governing body or its authorized representative, if:

      (a) The personal safety equipment will be used by personnel of the [fire department or law enforcement] response agency or other local governmental agency in preventing, responding to or providing services of recovery or relief in connection with emergencies , acts of terrorism or other natural or man-made disasters in which the health, safety or welfare of those personnel may be compromised, impaired or otherwise threatened; and

      (b) The cost of the personal safety equipment is comparable to the cost of similar personal safety equipment that is available for purchase by the public.

      4.  The governing body of a hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:

      (a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or

      (b) The vendor was identified as a supplier but was not identified as the supplier of such goods.

Ê The governing body of the hospital shall make available for public inspection each such contract and records related to those purchases.

      5.  This section does not prohibit a governing body or its authorized representative from advertising for or requesting bids.

      6.  As used in this section [, “personal] :

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 239C.030.

 


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ê2005 Statutes of Nevada, Page 228 (Chapter 79, AB 179)ê

 

      (b) “Personal safety equipment” means safety equipment that [is worn or otherwise carried on a regular basis by] personnel of a [fire department or law enforcement agency.] response agency or other local governmental agency:

             (1) Use in the course of preventing, responding to or providing services of recovery or relief in connection with emergencies, acts of terrorism or other natural or man-made disasters; or

             (2) Wear or otherwise carry on a regular basis.

Ê The term includes, [but is not limited to,] without limitation, firearms, boots, bulletproof vests or other types of body armor, protective garments, protective eyewear, gloves [and helmets.] , helmets, and any specialized apparatus, equipment or materials approved or recommended by the United States Department of Homeland Security.

      (c) “Response agency” means an agency of a local government that provides services related to law enforcement, firefighting, emergency medical care or public safety.

________

 

CHAPTER 80, SB 47

Senate Bill No. 47–Senator Wiener

 

CHAPTER 80

 

AN ACT relating to professions; revising the provisions governing the licensure of athletic trainers; requiring the Board of Athletic Trainers to appoint the Advisory Committee to the Board to study the business and practice of personal trainers and other fitness instructors and make recommendations to the Legislature regarding any legislation that may be necessary concerning the regulation of those personal trainers and other fitness instructors; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 640B.310 is hereby amended to read as follows:

      640B.310  1.  An applicant for a license as an athletic trainer must:

      (a) Be of good moral character;

      (b) Be a citizen of the United States or lawfully entitled to remain and work in the United States;

      (c) Have at least a bachelor’s degree in a program of study approved by the Board;

      (d) Submit an application on a form provided by the Board;

      (e) Submit a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (f) Pay the fees prescribed by the Board pursuant to NRS 640B.410 [;] , which are not refundable; and

 


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ê2005 Statutes of Nevada, Page 229 (Chapter 80, SB 47)ê

 

      (g) Except as otherwise provided in subsection 2 and NRS 640B.320, pass the examination prepared by the National Athletic Trainers Association Board of Certification or its successor organization.

      2.  An applicant who submits proof of his current certification as an athletic trainer by the National Athletic Trainers Association Board of Certification, or its successor organization, is not required to pass the examination required by paragraph (g) of subsection 1.

      3.  An applicant who fails the examination may not reapply for a license for at least 1 year after the date on which he [submits] submitted his application to the Board.

      Sec. 2.  1.  The Advisory Committee to the Board of Athletic Trainers is hereby created.

      2.  On or before January 1, 2006, the Board of Athletic Trainers shall appoint seven members to the Advisory Committee as follows:

      (a) Two members who are members of the Nevada Physical Therapists Association, or its successor organization, and who are licensed in this State as physical therapists.

      (b) Two members who are members of the Nevada Athletic Trainers Association, or its successor organization, and who are licensed in this State as athletic trainers.

      (c) Two members who are actively engaged in business or practice as personal trainers or other fitness instructors in this State and who are not:

             (1) Licensed in this State as physical therapists or athletic trainers; or

             (2) Members of the Nevada Physical Therapists Association or the Nevada Athletic Trainers Association, or any successors to those organizations.

      (d) One member of the general public who is not:

             (1) Licensed in this State as a physical therapist or athletic trainer;

             (2) A member of the Nevada Physical Therapists Association or the Nevada Athletic Trainers Association, or any successors to those organizations; or

             (3) Actively engaged in business or practice as a personal trainer or other fitness instructor.

Ê Not more than two members of the Advisory Committee may also be members of the Board of Athletic Trainers. Not more than two members of the Advisory Committee may also be members of the State Board of Physical Therapy Examiners.

      3.  The members of the Advisory Committee serve at the pleasure of the Board of Athletic Trainers. Any vacancy in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

      4.  The Advisory Committee shall elect such officers from within its membership, fix such time and place of meetings, adopt such rules of procedure and keep such records all as in its sole discretion it shall determine to be consistent with carrying out its duties. A majority of the members of the Advisory Committee constitutes a quorum.

      5.  The members of the Advisory Committee are not entitled to receive a salary. While engaged in the business of the Advisory Committee, each member of the Advisory Committee is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board of Athletic Trainers. The rate must not exceed the rate provided for officers and employees of this State generally.

 


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ê2005 Statutes of Nevada, Page 230 (Chapter 80, SB 47)ê

 

      6.  A member of the Advisory Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Committee to make up the time he is absent from work to carry out his duties as a member of the Advisory Committee or use annual vacation or compensatory time for the absence.

      7.  Notwithstanding any other provision of law, a member of the Advisory Committee:

      (a) Is not disqualified from public employment or holding a public office because of his membership on the Advisory Committee; and

      (b) Does not forfeit his public office or public employment because of his membership on the Advisory Committee.

      8.  The Board of Athletic Trainers shall:

      (a) Provide the Advisory Committee with administrative and clerical support and with such other assistance as may be necessary for the Advisory Committee to carry out its duties. Such support and assistance must include, without limitation, making arrangements for facilities, equipment and other services in preparation for and during meetings.

      (b) Pay for any expenses reasonably incurred by the Advisory Committee in carrying out its duties, including, without limitation:

             (1) The administrative and clerical support and other assistance provided pursuant to paragraph (a); and

             (2) The per diem allowance and travel expenses provided for each member of the Advisory Committee pursuant to subsection 5.

      9.  The purposes of the Advisory Committee are to study the business and practice of personal trainers and other fitness instructors in this State and to develop recommendations regarding any legislation that may be necessary concerning the regulation of those personal trainers and other fitness instructors. In carrying out its duties, the Advisory Committee shall:

      (a) Identify the personal trainers and other fitness instructors in this State and establish a registry of the names and addresses of those personal trainers and other fitness instructors to provide notice of the time and place of the public meetings held by the Advisory Committee pursuant to this section; and

      (b) Hold not less than five public meetings to study the business and practice of personal trainers and other fitness instructors in this State and to develop recommendations regarding any legislation that may be necessary concerning the regulation of those personal trainers and other fitness instructors. In holding public meetings, the Advisory Committee shall comply with the provisions of chapter 241 of NRS.

      10.  The Advisory Committee shall:

      (a) On or before September 1 of 2006, 2007 and 2008, submit an interim written report to the Legislative Commission concerning the progress of the Advisory Committee in carrying out its duties pursuant to this section; and

      (b) On or before January 15, 2009, submit a final written report of its findings and recommendations regarding any legislation that may be necessary concerning the regulation of personal trainers and other fitness instructors in this State to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

 


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ê2005 Statutes of Nevada, Page 231 (Chapter 80, SB 47)ê

 

transmission to the 75th Session of the Nevada Legislature. The recommendations may include, without limitation, appropriate:

             (1) Education qualifications and experience requirements for licensure;

             (2) Parameters for the scope of practice;

             (3) Fees for the issuance and renewal of licenses;

             (4) Requirements for continuing education; and

             (5) Grounds for disciplinary action.

      11.  The Advisory Committee is hereby abolished on the date on which the Advisory Committee submits a final written report of its findings and recommendations to the Director of the Legislative Counsel Bureau pursuant to subsection 10, except that the members of the Advisory Committee may present the final written report of the Advisory Committee to the appropriate standing committees of the 75th Session of the Nevada Legislature.

      12.  As used in this section:

      (a) “Board of Athletic Trainers” means the Board of Athletic Trainers created by NRS 640B.170.

      (b) “State Board of Physical Therapy Examiners” means the State Board of Physical Therapy Examiners created by NRS 640.030.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 81, SB 24

Senate Bill No. 24–Committee on Human Resources and Education

 

CHAPTER 81

 

AN ACT relating to persons with disabilities; increasing the period of validity of expedited service permits which are issued to certain persons with disabilities by the Department of Motor Vehicles to enable them to receive expedited services from state agencies under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 426.441 is hereby amended to read as follows:

      426.441  1.  A person with a permanent disability may apply to the Department for an expedited service permit. The application must:

      (a) Be submitted on a form approved by the Department; and

      (b) Include a statement from a licensed physician certifying that the applicant is a person with a permanent disability.

      2.  Upon receipt of a completed application pursuant to subsection 1 and the payment of any required fee, the Department shall issue a permit to the applicant. The permit must:

      (a) Set forth the name and address of the person to whom it is issued;

      (b) Include a colored photograph of the applicant and the international symbol of access which must be white on a blue background;

      (c) Include any other information the Department may require; and

 


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ê2005 Statutes of Nevada, Page 232 (Chapter 81, SB 24)ê

 

      (d) Be the same size as a driver’s license issued by the Department pursuant to the provisions of chapter 483 of NRS.

      3.  A permit is valid for [2] 10 years after the date of issuance.

      4.  The Department may:

      (a) At any time review its determination of whether a holder of a permit is eligible for issuance of the permit pursuant to the provisions of this section. If the Department determines that a holder of a permit is not eligible for issuance of the permit, the Department shall notify the person of that fact in writing. Upon receipt of the notice, the holder shall, as soon as practicable, surrender the permit to the Department.

      (b) Charge a fee for the issuance of a permit pursuant to the provisions of this section.

      (c) Adopt regulations necessary to carry out the provisions of NRS 426.401 to 426.461, inclusive.

________

 

CHAPTER 82, SB 197

Senate Bill No. 197–Senators Wiener, Heck, Washington, Cegavske, Horsford, Mathews and Nolan

 

CHAPTER 82

 

AN ACT relating to public health; providing for the establishment of the State Program for Fitness and Wellness; providing for the establishment of the Advisory Council on the State Program for Fitness and Wellness; authorizing the Health Division of the Department of Human Resources to apply for and accept grants and other money to carry out the Program; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Advisory Council” means the Advisory Council on the State Program for Fitness and Wellness.

      Sec. 4.  “Program” means the State Program for Fitness and Wellness.

      Sec. 5.  Within the limits of available money, the Division shall establish the State Program for Fitness and Wellness to increase public knowledge and raise public awareness relating to physical fitness and wellness and to educate the residents of this State on matters relating to physical fitness and wellness, including, without limitation:

      1.  Programs for physical fitness;

      2.  Nutrition; and

      3.  The prevention of obesity, chronic diseases and other diseases.

 


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ê2005 Statutes of Nevada, Page 233 (Chapter 82, SB 197)ê

 

      Sec. 6.  1.  Within the limits of available money, the Division shall establish the Advisory Council on the State Program for Fitness and Wellness to advise and make recommendations to the Division concerning the Program.

      2.  The Administrator shall appoint to the Advisory Council the following seven members:

      (a) The State Health Officer or his designee;

      (b) The Superintendent of Public Instruction or his designee;

      (c) One representative of the health insurance industry;

      (d) One provider of health care;

      (e) One representative of the Nevada Association for Health, Physical Education, Recreation and Dance or its successor organization;

      (f) One representative of an organization committed to the prevention of chronic diseases; and

      (g) One registered dietician.

      Sec. 7.  1.  The members of the Advisory Council serve terms of 2 years. A member may be reappointed.

      2.  The State Health Officer or his designee shall serve as the Chairman of the Advisory Council.

      3.  The Division shall, within the limits of available money, provide the necessary professional staff and a secretary for the Advisory Council.

      4.  A majority of the members of the Advisory Council constitutes a quorum to transact all business, and a majority of those present, physically or via telecommunications, must concur in any decision.

      5.  The Advisory Council shall, within the limits of available money, meet at the call of the Administrator, the Chairman or a majority of the members of the Advisory Council quarterly or as is necessary.

      6.  The members of the Advisory Council serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Council and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 8.  To carry out the provisions of sections 2 to 12, inclusive, of this act, the Division shall, within the limits of available money, and with the advice and recommendations of the Advisory Council:

      1.  Establish a solid scientific database of the most current information on physical fitness, nutrition, and the prevention of obesity, chronic diseases and other diseases, using information obtained through surveillance, epidemiology and research, and use the database in carrying out the Program.

      2.  Identify and review, in coordination with the Department of Education, existing programs related to nutrition and physical fitness, including, without limitation, programs of state and local governments, educational institutions, businesses and the general public.

      3.  Encourage local community efforts to increase opportunities for physical fitness.

      4.  Develop and coordinate a model program for proper nutrition, physical fitness and health for implementation by state employees and agencies.

      5.  Develop and coordinate, in cooperation with the Department of Education, recommendations for model programs to encourage proper nutrition, physical fitness and health in the schools of this State, including, without limitation, physical fitness testing which can be administered through the schools.

 


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ê2005 Statutes of Nevada, Page 234 (Chapter 82, SB 197)ê

 

without limitation, physical fitness testing which can be administered through the schools.

      6.  Develop and coordinate recommendations for model programs that would encourage proper nutrition, physical fitness and health among the residents of this State, including, without limitation, parents and children, senior citizens and persons with special needs.

      7.  Assist on projects within this State as requested by, and in coordination with, the President’s Council on Physical Fitness and Sports.

      8.  Identify and review methods for reducing health care costs associated with obesity, chronic diseases and other diseases.

      9.  Identify and review methods for increasing the effectiveness and efficiency of the workforce of this State.

      10.  Maintain a website to provide information on nutrition, physical fitness and health, wellness, and the prevention of obesity and chronic diseases.

      11.  Provide educational materials and information on research concerning matters relating to physical fitness, wellness, and the prevention of obesity, chronic diseases and other diseases, including, without limitation, materials and information concerning programs and services available to the public and strategies for achieving and maintaining physical fitness and preventing obesity, chronic diseases and other diseases.

      12.  Solicit information from, and, to the extent feasible, coordinate its efforts with:

      (a) Other governmental agencies;

      (b) National health organizations and their local and state chapters;

      (c) Community and business leaders;

      (d) Community organizations;

      (e) Providers of health care;

      (f) Private schools; and

      (g) Other persons who provide services relating to physical fitness and wellness and the prevention of obesity, chronic diseases and other diseases.

      Sec. 9.  The Division may, within the limits of available money, hold public hearings at such times and places as it determines necessary to provide the general public and representatives of governmental agencies and organizations interested in the Program or issues affecting physical fitness and wellness an opportunity to present relevant information and recommendations.

      Sec. 10.  The Division may, within the limits of available money, enter into contracts with public or private entities that have the appropriate expertise to provide any services necessary to carry out or assist the Division in carrying out the provisions of sections 2 to 12, inclusive, of this act.

      Sec. 11.  The Division shall, on or before January 1 of each year, prepare and submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature summarizing:

      1.  The findings and recommendations of the Advisory Council; and

      2.  The status of the Program.

      Sec. 12.  1.  The Division may apply for and accept any available gift, donation, bequest, grant or other source of money to carry out the provisions of sections 2 to 12, inclusive, of this act.

 


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ê2005 Statutes of Nevada, Page 235 (Chapter 82, SB 197)ê

 

      2.  Any money that is accepted by the Division pursuant to subsection 1 must be deposited in the State Treasury and accounted for separately in the State General Fund.

      3.  Except as otherwise provided by the terms of a gift, donation, bequest or grant, expenditures from the account must be made only for carrying out the provisions of sections 2 to 12, inclusive, of this act.

      4.  The Administrator shall administer the account created pursuant to subsection 2. Money in the account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      Sec. 13.  1.  Notwithstanding the provisions of subsection 1 of section 7 of this act, the members of the Advisory Council on the State Program for Fitness and Wellness appointed pursuant to the provisions of paragraphs (a), (b), (f) and (g) of subsection 2 of section 6 of this act must be appointed to initial terms of 4 years.

      2.  The remaining members of the Advisory Council must be appointed to initial terms of 2 years.

      Sec. 14.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 83, SB 23

Senate Bill No. 23–Committee on Human Resources and Education

 

CHAPTER 83

 

AN ACT relating to persons with disabilities; authorizing certain persons with physical disabilities to use signature stamps under certain circumstances; requiring the Department of Human Resources to adopt regulations governing the use of a signature stamp including the extent to which persons and governmental entities may incur liability related to the use of a signature stamp; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 426 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2 and notwithstanding any other provision of law:

      (a) A person with a physical disability who, by reason of the physical disability, is unable to write may use a signature stamp to affix his signature to a document or writing any time that a signature is required by law; and

      (b) A person, government, governmental agency and political subdivision of a government must treat each signature affixed by a person described in paragraph (a) through the use of a signature stamp in the same manner as it treats a signature made in writing.

 


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ê2005 Statutes of Nevada, Page 236 (Chapter 83, SB 23)ê

 

      2.  The provisions of subsection 1 do not apply to a document or writing with respect to which the requirement that the document or writing must be signed is accompanied by an additional qualifying requirement unless each additional qualifying requirement is satisfied.

      3.  The Office shall develop standards regarding signature stamps for persons with physical disabilities who, by reason of their physical disabilities, are unable to write, including, without limitation, standards pertaining to:

      (a) The development of a signature stamp;

      (b) The use of a signature stamp;

      (c) The verification of a signature stamp; and

      (d) Any other aspect of the use or verification of signature stamps that the Office determines to be necessary.

      4.  The Department shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations:

      (a) To carry out the standards developed by the Office pursuant to subsection 3; and

      (b) Concerning the extent to which a person who uses a signature stamp and a person, government, governmental agency and political subdivision of a government which treats a signature stamp as the signature of a person pursuant to this section may incur liability related to the use or treatment of the signature stamp.

      5.  As used in this section, “signature stamp” means a stamp which contains the impression of:

      (a) The actual signature of a person with a physical disability;

      (b) A mark or symbol which is adopted by the person with the physical disability; or

      (c) A signature of the name of a person with a physical disability which is made by another person and which is adopted by the person with the physical disability.

      Sec. 2.  NRS 426.205 is hereby amended to read as follows:

      426.205  As used in NRS 426.205 to 426.295, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 426.215 and 426.225 have the meanings ascribed to them in those sections.

      Sec. 3.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2005, for all other purposes.

________

 

 


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ê2005 Statutes of Nevada, Page 237ê

 

CHAPTER 84, SB 121

Senate Bill No. 121–Senators Heck, Townsend, Carlton, Hardy and Lee

 

Joint Sponsors: Assemblymen Oceguera, Buckley, Gerhardt, Hardy, Munford and Pierce

 

CHAPTER 84

 

AN ACT relating to industrial insurance; requiring an insurer, organization for managed care, third-party administrator or employer who improperly denies payment for certain treatment or other services for an injured employee to reimburse the injured employee directly under certain circumstances; requiring the direct reimbursement of certain health insurers and casualty insurers that pay for such treatment or other services on behalf of the injured employee; providing administrative penalties; and providing other matters properly relating thereto.

 

[Approved: May 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616C.135 is hereby amended to read as follows:

      616C.135  1.  A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employee’s industrial injury or occupational disease.

      2.  The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:

      (a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and

      (b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.

      3.  A provider of health care may accept payment from an injured employee who is paying in protest or from a health or casualty insurer paying on behalf of the injured employee pursuant to NRS 616C.138 for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.

      4.  If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the Administrator shall impose an administrative fine of not more than $250 for each violation.

      Sec. 2.  NRS 616C.138 is hereby amended to read as follows:

      616C.138  1.  If:

      [1.] (a) An insurer, an organization for managed care, a third-party administrator or an employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies authorization or responsibility for payment for treatment or other services provided by a provider of health care that the injured employee alleges are related to an industrial injury or occupational disease;

 


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

ê2005 Statutes of Nevada, Page 238 (Chapter 84, SB 121)ê

 

care that the injured employee alleges are related to an industrial injury or occupational disease;

      [2.] (b) The injured employee pays in protest for the treatment or other services [; and

      3.] or a health or casualty insurer pays for the treatment or other services on behalf of the injured employee; and

      (c) A hearing officer or appeals officer ultimately determines that the treatment or other services should have been covered, or the insurer, organization for managed care, third-party administrator or employer who provides accident benefits subsequently accepts responsibility for payment,

Ê the hearing officer or appeals officer shall order the insurer, organization for managed care, third-party administrator or employer who provides accident benefits to pay to the [provider of health care] injured employee or the health or casualty insurer the amount which the injured employee or the health or casualty insurer paid that is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract.

      2.  If the injured employee or the health or casualty insurer paid the provider of health care any amount in excess of the amount that the provider would have been entitled to be paid pursuant to subsection 1, the injured employee or the health or casualty insurer is entitled to recover the excess amount from the provider. Within 30 days after receiving [the payment,] notice of such an excess amount, the provider of health care shall reimburse the injured employee or the health or casualty insurer for the excess amount . [paid in protest by him.]

      3.  As used in this section:

      (a) “Casualty insurer” means an insurer or other organization providing coverage or benefits under a policy or contract of casualty insurance in the manner described in subsection 2 of NRS 681A.020.

      (b) “Health insurer” means an insurer or other organization providing health coverage or benefits in accordance with state or federal law.

      Sec. 3.  NRS 616C.330 is hereby amended to read as follows:

      616C.330  1.  The hearing officer shall:

      (a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;

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

      (c) Conduct hearings expeditiously and informally.

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

      3.  If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee.

 


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ê2005 Statutes of Nevada, Page 239 (Chapter 84, SB 121)ê

 

employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

      4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

      5.  The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

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

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

      (a) The hearing; or

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

      8.  The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.

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

      10.  Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.

      Sec. 4.  NRS 616C.360 is hereby amended to read as follows:

      616C.360  1.  A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

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

      3.  If there is a medical question or dispute concerning an injured employee’s condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may:

 


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ê2005 Statutes of Nevada, Page 240 (Chapter 84, SB 121)ê

 

      (a) Refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

      (b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner.

      4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

      5.  The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

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

      7.  The appeals officer shall render his decision:

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

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

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

________

 

 


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

ê2005 Statutes of Nevada, Page 241ê

 

CHAPTER 85, SB 92

Senate Bill No. 92–Committee on Finance

 

CHAPTER 85

 

AN ACT making a supplemental appropriation to the Department of Public Safety for unanticipated out-of-state travel, in-state travel and operating expenses for dignitary protection; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Public Safety the sum of $35,000 for unanticipated out-of-state travel, in-state travel and operating expenses for Fiscal Year 2004-2005 for dignitary protection. This appropriation is supplemental to that made by section 28 of chapter 327, Statutes of Nevada 2003, at page 1836.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 86, AB 106

Assembly Bill No. 106–Committee on Ways and Means

 

CHAPTER 86

 

AN ACT making an appropriation to the State Department of Conservation and Natural Resources for the preparation of new offices for occupancy, replenishment of the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program and litigation costs of the Division of Water Resources; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources the sum of $862,077 to be allocated as follows:

For the preparation of new offices for occupancy................... $462,077

For the replenishment of the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program created by NRS 532.230............. $250,000

For litigation costs of the Division of Water Resources........... $150,000

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act for the preparation of new offices for occupancy must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

 


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ê2005 Statutes of Nevada, Page 242 (Chapter 86, AB 106)ê

 

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 87, SB 286

Senate Bill No. 286–Senators Horsford and Wiener

 

Joint Sponsor: Assemblyman Munford

 

CHAPTER 87

 

AN ACT relating to education; encouraging the Clark County School District to construct a career and technical high school within a certain area of Clark County; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

      Whereas, Profound economic and technological changes in our society are reflected in the structure and nature of our workforce, thereby placing new and additional responsibilities on Nevada’s system of education to prepare the students who reside in this State with the necessary basic tools and skills to be successful and productive members of society; and

      Whereas, The system of career and technical education in this State, through the oversight and direction of the State Board for Occupational Education, offers students in this State opportunities to learn new skills which provide them with career choices and personal satisfaction as they become leaders in their communities; and

      Whereas, The ever-increasing cooperative efforts of career and technical educators and business and industry produces a strong, well-educated workforce and stimulates the growth and vitality of our local economy; and

      Whereas, The Southern Nevada Vocational Technical Center was established in the Clark County School District to provide vocational and academic instruction that imparts entry-level job skills and enables students to meet college entrance requirements; and

      Whereas, The Southern Nevada Vocational Technical Center has proven vastly successful in its mission and today serves 1,750 students; and

      Whereas, The Southern Nevada Vocational Technical Center, as well as other career and technical education programs offered within the Clark County School District, have waiting lists for enrollment; and

      Whereas, Clark County continues to experience extraordinarily rapid population growth, and the Clark County School District is currently the fifth largest school district in the country; and

      Whereas, Because Nevada ranks among the lowest in the country of the percentage of students who graduate and enter into postsecondary education, the further development and expansion of career and technical high schools may help to reduce the number of students who drop out of high school and thereby increase the number of students who successfully graduate from high school and enter into career fields that are predicted to experience the largest and fastest growth; and

      Whereas, On December 21, 1994, President Clinton designated nine census tracts in the urban core of the Las Vegas Valley as an “Enterprise Community” and accompanying that designation was the award of grants for projects in that area; and

 


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ê2005 Statutes of Nevada, Page 243 (Chapter 87, SB 286)ê

 

Community” and accompanying that designation was the award of grants for projects in that area; and

      Whereas, The Southern Nevada Enterprise Community was designed to increase employment opportunities for residents in the Enterprise Community as well as to increase the self-esteem and economic independence of those residents; and

      Whereas, The funds expended for the Southern Nevada Enterprise Community have included programs for at-risk youth, including summer internship programs, exposure to the college environment and encouragement of the pursuit of higher education, now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds that the establishment of a career and technical high school within the Southern Nevada Enterprise Community would support the continued efforts and success of that Community. Therefore, the Legislature hereby encourages the Clark County School District to construct a career and technical high school within the Southern Nevada Enterprise Community and, to the extent feasible, to complete the career and technical high school by August 2008.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 88, AB 234

Assembly Bill No. 234–Assemblywoman Gansert

 

CHAPTER 88

 

AN ACT relating to anatomical gifts; transferring certain duties pertaining to anatomical gifts from the Bureau of Consumer Protection in the Office of the Attorney General to the University of Nevada School of Medicine; requiring the Department of Motor Vehicles to contract with an organization that registers persons desiring to make anatomical gifts to carry out the exchange of certain information between such organization and certain persons who apply for the issuance or renewal of a driver’s license or identification card; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 460 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Dean” means the Dean of the School of Medicine or his designee.

      Sec. 3.  “School of Medicine” means the University of Nevada School of Medicine.

      Sec. 4.  NRS 460.100 is hereby amended to read as follows:

      460.100  As used in NRS 460.100 to 460.150, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 460.110 [, 460.120 and 460.130] and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

 


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ê2005 Statutes of Nevada, Page 244 (Chapter 88, AB 234)ê

 

defined in NRS 460.110 [, 460.120 and 460.130] and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 460.140 is hereby amended to read as follows:

      460.140  1.  The [Bureau] School of Medicine shall:

      (a) Establish and carry out educational programs relating to anatomical gifts;

      (b) Establish and carry out local and statewide programs to acknowledge publicly families of donors;

      (c) Prepare and distribute information relating to anatomical gifts; and

      (d) If the [Consumer’s Advocate] Dean determines that there is sufficient money in the Anatomical Gift Account created by NRS 460.150, pay the costs for the transplantation of an organ or tissue, including the cost for any medicine required as a result of the transplantation.

      2.  As used in this section, “donor” has the meaning ascribed to it in NRS 451.525.

      Sec. 6.  NRS 460.150 is hereby amended to read as follows:

      460.150  1.  The [Bureau] School of Medicine may apply for and accept any gifts, grants, appropriations or donations to assist the [Bureau] School of Medicine in carrying out programs relating to anatomical gifts.

      2.  Any money received by the [Bureau] School of Medicine for programs relating to anatomical gifts must be deposited in the State Treasury for credit to the Anatomical Gift Account which is hereby created in the State General Fund. The [Consumer’s Advocate] Dean shall administer the Account.

      3.  The money in the Account must only be used to:

      (a) Carry out the provisions of NRS 460.140; and

      (b) Pay the costs, not to exceed 5 percent of the average balance of the Account for each fiscal year, incurred by the [Bureau] School of Medicine to administer programs relating to anatomical gifts.

      4.  The money in the Account must:

      (a) Be invested as money in other state accounts is invested; and

      (b) Remain in the Account and does not revert to the State General Fund at the end of any fiscal year.

      5.  Each claim against the Account must be:

      (a) Approved by the [Consumer’s Advocate] Dean before the claim is paid; and

      (b) Paid as other claims against the State are paid.

      Sec. 7.  Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

      To carry out the provisions of paragraph (c) of subsection 5 of NRS 483.340 and paragraph (c) of subsection 5 of NRS 483.840, the Department shall, on such terms as it deems appropriate, enter into a contract with an organization which registers as donors persons who desire to make anatomical gifts.

      Sec. 8.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license.

 


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signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.

      2.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  Information pertaining to the issuance of a driver’s license pursuant to subsection 2 is confidential.

      4.  It is unlawful for any person to use a driver’s license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  At the time of the issuance or renewal of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to have indicated on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or to refuse to make an anatomical gift of his body or part of his body;

      (b) Give the holder the opportunity to have indicated whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for [registration] registering as a donor with [The Living Bank International or its successor organization.] the organ donor registry with which the Department has entered into a contract pursuant to section 7 of this act.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      7.  The Department shall submit to [The Living Bank International, or its successor organization,] the organ donor registry with which the Department has entered into a contract pursuant to section 7 of this act information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 9.  NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

 


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      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  Identification cards must include the following information concerning the holder:

      (a) The name and sample signature of the holder.

      (b) A unique identification number assigned to the holder that is not based on the holder’s social security number.

      (c) A personal description of the holder.

      (d) The date of birth of the holder.

      (e) The current address of the holder in this State.

      (f) A colored photograph of the holder.

      4.  The information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.

      5.  At the time of the issuance or renewal of the identification card, the Department shall:

      (a) Give the holder the opportunity to have indicated on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or to refuse to make an anatomical gift of his body or part of his body;

      (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for [registration] registering as a donor with [The Living Bank International or its successor organization.] the organ donor registry with which the Department has entered into a contract pursuant to section 7 of this act.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      7.  The Department shall submit to [The Living Bank International, or its successor organization,] the organ donor registry with which the Department has entered into a contract pursuant to section 7 of this act information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      8.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

      Sec. 10.  NRS 460.120 and 460.130 are hereby repealed.

      Sec. 11.  The State Treasurer shall assist in the orderly transition of the administration of the Anatomical Gift Account from the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General to the Dean of the University of Nevada School of Medicine or his designee.

      Sec. 12.  This act becomes effective on January 1, 2006.

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ê2005 Statutes of Nevada, Page 247ê

 

CHAPTER 89, SB 266

Senate Bill No. 266–Senator Schneider

 

CHAPTER 89

 

AN ACT relating to limitation of actions; revising the provision governing the recommencement of an action dismissed for lack of subject matter jurisdiction; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 11.500 is hereby amended to read as follows:

      11.500  1.  Notwithstanding any other provision of law, and except as otherwise provided in this section, if an action that is commenced within the applicable period of limitations is dismissed because the court lacked jurisdiction over the subject matter of the action, the action may be recommenced in the court having jurisdiction within:

      (a) The applicable period of limitations; or

      (b) Ninety days after the action is dismissed,

Ê whichever is later.

      2.  An action may be recommenced only one time pursuant to paragraph (b) of subsection 1.

      3.  An action may not be recommenced pursuant to paragraph (b) of subsection 1 more than 5 years after the date on which the original action was commenced.

      4.  Paragraph (b) of subsection 1 does not apply to a contract that is subject to the provisions of chapter 104 of NRS.

      [5.  If an action is recommenced pursuant to paragraph (b) of subsection 1, any applicable findings of fact or conclusions of law entered by the court that dismissed the action shall be deemed binding in the action that is recommenced.]

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ê2005 Statutes of Nevada, Page 248ê

 

CHAPTER 90, SB 164

Senate Bill No. 164–Senator Raggio

 

CHAPTER 90

 

AN ACT relating to parentage; revising the provisions concerning inclusion of social security numbers and other personal identifying information in certain court orders or judgments relating to parentage; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 126.161 is hereby amended to read as follows:

      126.161  1.  A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.

      2.  If such a judgment or order of this State is at variance with the child’s birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.

      3.  If the child is a minor, such a judgment or order of this State must provide for his support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:

      (a) One of the parties demonstrates and good cause is found by the court , or pursuant to the expedited process, for the postponement of the withholding or assignment; or

      (b) All parties otherwise agree in writing.

      4.  Such a judgment or order of this State may:

      (a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.

      (b) Direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.

      5.  [Such] A court that enters such a judgment or order [of this State must include] shall ensure that the social security numbers of the mother and father [.] are:

      (a) Provided to the Welfare Division of the Department of Human Resources.

      (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      6.  As used in this section, “expedited process” means a voluntary acknowledgment of paternity, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.

 


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130.10179, to facilitate the collection of an obligation for the support of a child.

      Sec. 2.  NRS 126.163 is hereby amended to read as follows:

      126.163  1.  [Every court order establishing the paternity of a child that is issued in this State on or after October 1, 1998, must include:

      (a) The names, dates of birth, social security numbers and drivers’ license numbers of the parents of the child;

      (b) The name and social security number of the child;

      (c) The case identification number assigned by the court; and

      (d) Such other information as the Welfare Division of the Department of Human Resources determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      2.]  A court that, on or after October 1, 1998, issues an order in this State establishing the paternity of a child shall :

      (a) Obtain and provide to the Welfare Division of the Department of Human Resources such information regarding the order as the Welfare Division determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      [3.] (b) Ensure that the social security numbers of the child and the parents of the child are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      2.  Within 10 days after a court of this State issues an order establishing the paternity of a child, each party to the cause of action shall file with the court that issued the order and with the Welfare Division:

      (a) His social security number;

      (b) His residential and mailing addresses;

      (c) His telephone number;

      (d) His driver’s license number; and

      (e) The name, address and telephone number of his employer.

Ê Each party shall update the information filed with the court and with the Welfare Division pursuant to this subsection within 10 days after that information becomes inaccurate.

      [4.] 3.  The Welfare Division shall adopt regulations specifying the particular information required to be provided pursuant to [subsections 1 and 2] subsection 1 to carry out the provisions of 42 U.S.C. § 654a.

      Sec. 3.  NRS 126.193 is hereby amended to read as follows:

      126.193  If, after a court issues an order establishing the paternity of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:

      1.  The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and

      2.  Written notice of the initiation of the proceeding has been mailed to the mailing address of the missing party or the address of the missing party’s employer as those addresses appear in the information required to be filed pursuant to subsection [3] 2 of NRS 126.163.

      Sec. 4.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 250ê

 

CHAPTER 91, SB 257

Senate Bill No. 257–Committee on Commerce and Labor

 

CHAPTER 91

 

AN ACT relating to accounting; providing for the retention and changing of documentation related to attestations; eliminating the annual register maintained and distributed by the Nevada State Board of Accountancy; requiring the Board to post certain information on its website; revising provisions relating to the experience needed to be eligible for a certificate of certified public accountant; eliminating the requirement that the Board conduct an examination at least once each year; revising the circumstances under which a candidate for a certificate as a certified public accountant may receive conditional credit for passing a section of the examination for the certificate; revising the fees charged by the Board; repealing provisions relating to the validity of certain certificates; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 628 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a practitioner shall retain all documentation related to an attestation for not less than 7 years after the date on which the practitioner delivers the attestation to the client.

      2.  Documentation related to an attestation that, at the end of the retention period set forth in subsection 1, is a part of or subject to a pending investigation of, or disciplinary action against, a practitioner must be retained and must not be destroyed until the practitioner has been notified in writing that the investigation or disciplinary action has been closed or concluded.

      3.  Any change in documentation related to an attestation must set forth the identity of each person making the change, the identity of each person approving the change, the date on which the change is made and the reason for the change if the reason is other than the assembling of preexisting documents. Any documentation related to an attestation which is changed must contain sufficient detail to enable a person reviewing the changed documentation who has relevant knowledge and experience but no previous connection with the attestation, to understand the nature, timing, reasoning for and extent of the change.

      4.  During the 60 days immediately after the date on which a practitioner delivers an attestation to a client, documents may be added to the file for assemblage and documentation of work previously performed. The provisions of this subsection do not authorize the deferral of procedures related to attestations that are otherwise required to be performed before the date of issuance of the attestation.

      5.  Each practitioner shall establish a policy for the retention and destruction of documentation related to any attestation made by the practitioner. The policy must provide for the preservation of documentation related to an attestation for the period required pursuant to subsection 1 and for the authorized custody, security, access, retention and destruction of the documentation.

 


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documentation related to an attestation for the period required pursuant to subsection 1 and for the authorized custody, security, access, retention and destruction of the documentation. The policy must be in writing and must include, without limitation, procedures for:

      (a) Maintaining back-up copies of electronic documentation related to attestations at secure locations;

      (b) Maintaining documentation related to attestations;

      (c) Approving any changes to documentation related to attestations; and

      (d) Approving the destruction of documentation related to attestations after that documentation is no longer required to be maintained. The procedures must provide for the identification of those persons, by name or position, who are authorized to approve the destruction of the documentation.

      6.  As used in this section:

      (a) “Change in documentation related to an attestation” includes any addition, removal, deletion, substitution or editing of documentation related to an attestation, including, without limitation, physical or electronic additions to any file containing documentation related to an attestation or to any preexisting documentation related to an attestation, if the addition, removal, deletion, substitution or editing:

             (1) Occurs after the date on which the attestation is delivered to the client; and

             (2) Is supported by the documentation related to the attestation.

      (b) “Documentation related to an attestation” includes, without limitation:

             (1) All documentation relating to consultations and resolutions of any differences of professional opinion regarding the exercise of professional judgment relating to an attestation; and

             (2) Documentation of the findings or issues related to the attestation that, based on the judgment of the practitioner after an objective analysis of the facts and circumstances, are determined to be significant, regardless of whether the documentation includes information or data that is inconsistent with the final conclusions of the practitioner.

      (c) “Practitioner” means:

             (1) A holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380; or

             (2) A certified public accountant or registered public accountant or a partnership, corporation or limited-liability company composed of certified public accountants or registered public accountants which does not hold a live permit and does not have a registered office or residence in this State, but has been issued, or has applied for, a temporary permit pursuant to NRS 628.440.

      Sec. 2.  NRS 628.029 is hereby amended to read as follows:

      628.029  “Registered public accountant” means a person who was registered or licensed as a public accountant:

      1.  On or before May 1, 1973; or

      2.  After May 1, 1973, pursuant to NRS 628.190 . [and 628.210.]

      Sec. 3.  NRS 628.130 is hereby amended to read as follows:

      628.130  The Board shall:

 


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ê2005 Statutes of Nevada, Page 252 (Chapter 91, SB 257)ê

 

      1.  Have a seal of which judicial notice must be taken.

      2.  Keep records of its proceedings. In any proceedings in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of those records certified as correct under the seal of the Board are admissible in evidence as tending to prove the contents of the records.

      3.  [Have printed and published for public distribution in April of each year an annual register which must contain:] Maintain a website on the Internet or its successor and post on its website:

      (a) The names arranged alphabetically by classifications of all accountants and business entities holding licenses, certificates, registrations or permits [to practice] under this chapter.

      (b) The names of the members of the Board.

      (c) Such other matter as may be deemed proper by the Board.

[Ê Copies of the register must be mailed to each person who holds a live permit.]

      Sec. 4.  NRS 628.200 is hereby amended to read as follows:

      628.200  1.  Except as otherwise provided in subsection 4, the requirement of education for a certificate of certified public accountant is at least 150 semester hours or an equivalent number of quarter hours and includes a baccalaureate degree or an equivalent degree from a college or university recognized by the Board:

      (a) With a major in accounting, or what the Board determines to be substantially the equivalent of a major in accounting; or

      (b) With a major other than accounting supplemented by what the Board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration.

      2.  The requirement for experience for a certificate of certified public accountant is:

      (a) Two years of public accounting experience [;] in a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting under the direct supervision of a person who is a certified public accountant; or

      (b) Experience in internal auditing work or governmental accounting and auditing work of a character and for a length of time sufficient in the opinion of the Board to be substantially equivalent to the requirements of paragraph (a).

      3.  The Board:

      (a) Shall adopt regulations concerning:

             (1) The number of semester hours or an equivalent number of quarter hours in accounting and other courses required by an applicant to satisfy the requirements of subsection 1.

             (2) The public accounting experience, internal auditing work, and governmental accounting and auditing work required by an applicant to satisfy the requirements of subsection 2.

      (b) May provide by regulation for the substitution of qualified programs of continuing education to satisfy partially the requirement of experience described in paragraph (b) of subsection 2 or may add any program to the requirement of experience.

      4.  Notwithstanding any provision of this section to the contrary, an applicant for a certificate of certified public accountant who has received conditional credit pursuant to NRS 628.260 for passing [sections] a section of the examination required for a certificate, and who applies that credit to his subsequent passage of the examination, is subject to the educational requirements to receive a certificate that were in effect on the date on which he first received the conditional credit.

 


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his subsequent passage of the examination, is subject to the educational requirements to receive a certificate that were in effect on the date on which he first received the conditional credit.

      Sec. 5.  NRS 628.230 is hereby amended to read as follows:

      628.230  [1.  The examination prescribed by the Board must be conducted by the Board not less than once each year.

      2.]  The Board shall prescribe by regulation the methods of applying for and [conducting the] completing an examination, including [the grading of papers] grading and the [determination of passing grades.] requirements to pass the examination. The Board may use all or any part of the Uniform Certified Public [Accountants’] Accountant Examination and Advisory Grading Service of the American Institute of Certified Public Accountants as it deems appropriate to assist it in performing its duties hereunder.

      Sec. 6.  NRS 628.260 is hereby amended to read as follows:

      628.260  1.  The Board may by regulation prescribe the terms and conditions under which a candidate:

      (a) Must pass all sections of the examination prescribed by the Board pursuant to NRS 628.190 to qualify for a certificate.

      (b) Who, at any given examination, passes [two or more sections,] at least one section, but not all sections, may receive conditional credit for [the sections] each section passed, and need not sit for reexamination in those sections. The Board may by regulation [:

             (1) Provide minimum grades for each section not passed in order to receive credit for those passed;

             (2) Provide] provide a limit on the time in which each candidate must pass all sections of the examination or lose any credit received . [; and

             (3) Require a candidate to sit for all sections of the examination which he did not pass in a previous examination.]

      2.  The Board may give credit to a candidate who has passed all or part of the examination in another state or other jurisdiction of the United States [, if the certified public accountant members of] if the Board [have determined] determines by regulation that the standards under which credit is granted for the examination [was held] are as high as the standards established for the examination required by this chapter.

      Sec. 7.  NRS 628.280 is hereby amended to read as follows:

      628.280  1.  The Board shall charge each candidate for a certificate of certified public accountant a fee , to be determined by the Board by regulation , for [:

      (a) The initial] the examination prescribed by the Board . [pursuant to NRS 628.190 or for each section of the examination in which the candidate is reexamined; and

      (b) The review and inspection of his examination paper.]

      2.  The applicable [fees] fee must be paid by the candidate at the time he applies for examination . [or reexamination.

      3.  The Board shall charge a fee to be determined by the Board by regulation for administering the examination prescribed by the Board pursuant to NRS 628.190 to a person who is a candidate for a certificate as a certified public accountant in another state or jurisdiction of the United States and requests that the Board administer the examination to him in this State.]

 


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      Sec. 8.  NRS 628.310 is hereby amended to read as follows:

      628.310  1.  The Board may waive the examination, the requirements for education or the requirements for experience, or any combination thereof, required under NRS 628.190, and may issue a certificate as a certified public accountant to any person who is the holder of a certificate as a certified public accountant then in effect issued under the laws of any state or other jurisdiction of the United States approved by the Board, constituting a recognized qualification for the practice of public accounting comparable to that of a certified public accountant of this State, if:

      (a) The person has passed an examination that is substantially the same as the examination conducted pursuant to NRS 628.230 with a grade that would have been a passing grade in this State on the date on which he received his original certificate;

      (b) The person has experience in the practice of public accountancy, either as a certified public accountant or as a staff accountant employed by [or] a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting and working under the direct supervision of a person who is a certified public accountant, while holding a certificate as a certified public accountant for more than 4 of the 10 years immediately preceding his making application pursuant to this chapter; and

      (c) The requirements for education of the state or other jurisdiction from which the person received his original certificate are determined by the Board to satisfy the requirements for education of this State.

      2.  The Board may waive the examination, the requirements for education or the requirements for experience, or any combination thereof, under NRS 628.190, and may issue a certificate as a certified public accountant to any person who is the holder of an equivalent certificate then in effect issued by a foreign country if:

      (a) Persons who are certified as public accountants in this State are granted similar privileges by the foreign country in which the applicant is certified;

      (b) The applicant’s certificate:

             (1) Was issued by the appropriate authority that regulates the practice of public accountancy in the foreign country in which the certificate was issued;

             (2) Has not expired or been revoked or suspended; and

             (3) Authorizes the applicant to issue reports upon financial statements;

      (c) The requirements for education and examination of the regulatory authority of the foreign country were substantially equivalent to the requirements for education and examination of this State on the date on which the applicant received his certificate;

      (d) The applicant:

             (1) Complied with requirements for experience in the foreign country in which the certificate was issued that are substantially equivalent to the requirements set forth in NRS 628.200; or

             (2) Has completed in [this] any state at least 4 years of public accounting experience, or equivalent experience determined to be appropriate by the Board, within the 10 years immediately preceding his making application for certification in this State;

 


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      (e) The applicant has passed a written examination on national standards for public accounting and ethics that is acceptable to the Board; and

      (f) The applicant submits with his application a list of all jurisdictions in which he has applied for and received a certificate to practice public accounting.

      3.  A person who is granted a certificate as a certified public accountant pursuant to subsection 2 shall notify the Board, in writing, within 30 days after:

      (a) He is issued an equivalent certificate to practice public accounting by another jurisdiction or is denied the issuance of such a certificate;

      (b) A certificate to practice public accounting issued to him by another jurisdiction is revoked or suspended; or

      (c) Another jurisdiction in which he is certified to practice public accounting commences any type of disciplinary action against him.

      Sec. 9.  NRS 628.350 is hereby amended to read as follows:

      628.350  A license as a public accountant may be issued only to persons who have met the requirements of NRS 628.190 . [and 628.210.]

      Sec. 10.  NRS 628.570 is hereby amended to read as follows:

      628.570  Whenever in the judgment of the Board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of NRS 628.450 to 628.550, inclusive, or section 1 of this act, the Board may make application to an appropriate court for an order enjoining [such] the acts or practices, and upon a showing by the Board that [such] the person has engaged, or is about to engage, in any [such] of those acts or practices, an injunction, restraining order or such order as may be appropriate [shall] must be granted by [such] the court without a bond.

      Sec. 11.  NRS 628.580 is hereby amended to read as follows:

      628.580  1.  Any person who violates any provision of NRS 628.450 to 628.550, inclusive, or section 1 of this act is guilty of a misdemeanor.

      2.  Whenever the Board has reason to believe that any person is liable to punishment under this section it may certify the facts to the Attorney General or other appropriate enforcement officer, who may, in his discretion, cause appropriate proceedings to be brought.

      Sec. 12.  NRS 628.210 and 628.300 are hereby repealed.

      Sec. 13.  This act becomes effective on July 1, 2005.

________

 


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CHAPTER 92, SB 278

Senate Bill No. 278–Committee on Commerce and Labor

 

CHAPTER 92

 

AN ACT relating to occupational safety and health; prohibiting a person from holding himself out as an associate safety and health manager or a certified safety and health manager or using various titles, words or letters in connection with those professions without meeting certain requirements; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 618.710 is hereby amended to read as follows:

      618.710  1.  A person shall not hold himself out as:

      (a) An associate safety professional or use in connection with his name the words or letters “Associate Safety Professional” or “A.S.P.” or any other title, word, letter or other designation intended to imply or designate that he is an associate safety professional, unless he is recognized as such by the Board of Certified Safety Professionals.

      (b) A certified industrial hygienist or use in connection with his name the words or letters “Certified Industrial Hygienist” or “C.I.H.” or any other title, word, letter or other designation intended to imply or designate that he is a certified industrial hygienist, unless he is certified as such by the American Board of Industrial Hygiene.

      (c) A certified safety professional or use in connection with his name the words or letters “Certified Safety Professional” or “C.S.P.” or any other title, word, letter or other designation intended to imply or designate that he is a certified safety professional, unless he is certified as such by the Board of Certified Safety Professionals.

      (d) An industrial hygienist in training or use in connection with his name the words or letters “Industrial Hygienist in Training” or “I.H.I.T.” or any other title, word, letter or other designation intended to imply or designate that he is an industrial hygienist in training, unless he is certified as such by the American Board of Industrial Hygiene.

      (e) An occupational health and safety technologist or use in connection with his name the words “Occupational Health and Safety Technologist” or “O.H.S.T.” or any other title, word, letter or other designation intended to imply or designate that he is an occupational health and safety technologist, unless he is certified as such by the Joint Committee of the American Board of Industrial Hygiene and the Board of Certified Safety Professionals.

      (f) An associate safety and health manager or use in connection with his name the words “Associate Safety and Health Manager” or “A.S.H.M.” or any other title, word, letter or other designation intended to imply or designate that he is an associate safety and health manager, unless he is recognized as such by the Institute for Safety and Health Management.

      (g) A certified safety and health manager or use in connection with his name the words “Certified Safety and Health Manager” or “C.S.H.M.” or any other title, word, letter or other designation intended to imply or designate that he is a certified safety and health manager, unless he is certified as such by the Institute for Safety and Health Management.

 


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any other title, word, letter or other designation intended to imply or designate that he is a certified safety and health manager, unless he is certified as such by the Institute for Safety and Health Management.

      2.  The Division shall report any alleged violation of subsection 1 to the district attorney of the county in which the alleged violation occurred.

      3.  Any governmental entity that has issued a license to conduct business in this State as an associate safety professional, a certified industrial hygienist, a certified safety professional, an industrial hygienist in training , [or] an occupational health and safety technologist , an associate safety and health manager or a certified safety and health manager to a person who is convicted of violating any provision of subsection 1 shall revoke that license and send notice of the revocation to the licensee by certified mail.

      4.  Any person who violates a provision of subsection 1 is guilty of a misdemeanor.

________

 

CHAPTER 93, SB 202

Senate Bill No. 202–Senators Raggio, Coffin, Schneider, Cegavske, Townsend, Amodei, Beers, Care, Hardy, Heck, Lee, McGinness, Nolan, Rhoads, Tiffany, Titus, Washington and Wiener

 

Joint Sponsors: Assemblymen Gansert, Allen, Christensen, Holcomb, Sherer, Atkinson, Conklin, Hardy, Hettrick, Koivisto, Mortenson, Parks, Perkins, Seale and Smith

 

CHAPTER 93

 

AN ACT relating to education; revising the manner in which school districts schedule contingent school days; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 388.090 is hereby amended to read as follows:

      388.090  1.  Except as otherwise 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.

      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.

 


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ê2005 Statutes of Nevada, Page 258 (Chapter 93, SB 202)ê

 

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 the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a 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.

      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. 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. The 3 contingent days of school, or its equivalent, may be scheduled as:

      (a) Full days of school;

      (b) An equivalent number of minutes of instruction added to any scheduled day of instruction, except that the minutes added must not be less than 30 minutes per school day; or

      (c) Any combination thereof.

      7.  If more than 3 days of free school [, or its] or minutes of instruction equaling 3 days of free school, or the 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 or equivalent minutes of instruction lost to be counted as school days in session. The application must be submitted in the manner prescribed by the Superintendent of Public Instruction.

      8.  The State Board shall adopt regulations:

      (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.

 


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      (b) Defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 94, AB 203

Assembly Bill No. 203–Assemblymen Seale, Parnell, Hardy, Buckley and Mabey

 

CHAPTER 94

 

AN ACT relating to osteopathic medicine; authorizing the State Board of Osteopathic Medicine to employ hearing officers or designate a panel to conduct disciplinary hearings; revising the provisions governing unprofessional conduct; revising the provisions governing the placing of a license on inactive status; revising the provisions governing the renewal of a license; increasing certain fees; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.5, inclusive, of this act.

      Sec. 2.  “Hearing officer” means a person to whom the Board has delegated its authority pursuant to subsection 1 of section 3 of this act.

      Sec. 2.5.  “Panel” means a group of persons to whom the Board has delegated its authority pursuant to subsection 2 of section 3 of this act.

      Sec. 3.  The Board may delegate its authority to conduct a hearing concerning the discipline of a licensee pursuant to NRS 633.621 to:

      1.  A person; or

      2.  A group of such members of the Board as the President of the Board may designate from time to time, which group must consist of not less than three members of the Board, at least one of whom was appointed to the Board pursuant to subsection 2 or 3 of NRS 633.191.

      Sec. 3.5.  A hearing officer or panel has the powers of the Board in connection with a hearing conducted pursuant to NRS 633.621, and shall report to the Board with findings of fact and conclusions of law within 30 days after the final hearing on the matter. The Board may take action based upon the report of the hearing officer or panel, refer the matter to the hearing officer or panel for further hearings or conduct its own hearings on the matter.

      Sec. 4.  NRS 633.011 is hereby amended to read as follows:

      633.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, and sections 2 and 2.5 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 633.131 is hereby amended to read as follows:

      633.131  1.  “Unprofessional conduct” includes:

      (a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine [.]

 


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ê2005 Statutes of Nevada, Page 260 (Chapter 94, AB 203)ê

 

medicine [.] or in applying for renewal of a license to practice osteopathic medicine.

      (b) Failure of a licensee to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

      (c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

      (d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.

      (e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.

      (f) Engaging in any:

             (1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or

             (2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

      (g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.

      (h) Habitual drunkenness or habitual addiction to the use of a controlled substance.

      (i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body.

      (j) Willful disclosure of a communication privileged pursuant to a statute or court order.

      (k) Willful disobedience of the regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

      (l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

      (m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

      (n) Making alterations to the medical records of a patient that the licensee knows to be false.

      (o) Making or filing a report which the licensee knows to be false.

      (p) Failure of a licensee to file a record or report as required by law, or willfully obstructing or inducing any person to obstruct such filing.

      (q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061.

      2.  It is not unprofessional conduct:

      (a) For persons holding valid licenses issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;

 


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ê2005 Statutes of Nevada, Page 261 (Chapter 94, AB 203)ê

 

agreement or the policies of the board of directors of the corporation or association;

      (b) For two or more persons holding valid licenses issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee [,] if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each; or

      (c) For a person licensed pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.

      Sec. 6.  NRS 633.271 is hereby amended to read as follows:

      633.271  The Board may:

      1.  Appoint an Executive Director who is entitled to such compensation as is determined by the Board.

      2.  Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      3.  Employ attorneys, hearing officers, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      Sec. 7.  NRS 633.281 is hereby amended to read as follows:

      633.281  1.  For the purposes of this chapter:

      (a) The Secretary of the Board, or in his absence any member of the Board, or a hearing officer may administer oaths.

      (b) The Secretary or President of the Board , a hearing officer or panel may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Secretary or President of the Board may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Board pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Board which is named in the subpoena, or has refused to answer questions propounded to him,

Ê and asking for an order of the court compelling the witness to [attend and testify or produce the books and papers before the Board.] comply with the subpoena.

      3.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days [from] after the date of the order, and then and there show cause why he has not [attended or testified or produced the books or papers before the Board.] complied with the subpoena. A certified copy of the order [shall] must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the Board, hearing officer or panel, the court shall enter an order that the witness appear before the Board , hearing officer or panel at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order , the witness [shall] must be dealt with as for contempt of court.

 


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      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as otherwise provided in subsection [3] 4 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) Submitting the statement required pursuant to NRS 633.326;

      (c) Paying the annual license renewal fee specified in this chapter;

      (d) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous year; and

      (e) Submitting [verified evidence satisfactory] an affidavit to the Board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license. Upon a request from the Board, an applicant for renewal of a license shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal he attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

      4.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 10.  NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as provided in subsection [3] 4 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) Paying the annual license renewal fee specified in this chapter;

      (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous year; and

      (d) Submitting [verified evidence satisfactory] an affidavit to the Board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license.

 


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ê2005 Statutes of Nevada, Page 263 (Chapter 94, AB 203)ê

 

renewal of a license. Upon a request from the Board, an applicant for renewal of a license shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal he attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

      4.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 11.  NRS 633.491 is hereby amended to read as follows:

      633.491  1.  A licensee who retires from the practice of osteopathic medicine need not annually renew his license after he files with the Board an affidavit stating the date on which he retired from practice and such other facts to verify his retirement as the Board deems necessary.

      2.  A retired licensee who desires to return to practice may apply to renew his license by paying all back annual license renewal fees from the date of retirement and submitting verified evidence satisfactory to the Board that he has attended continuing education courses or programs approved by the Board which total:

      (a) Twenty-five hours if he has been retired 1 year or less.

      (b) Fifty hours within 12 months of the date of the application if he has been retired for more than 1 year.

      3.  A licensee who wishes to have his license placed on inactive status must provide the Board with an affidavit stating the date on which he will cease the practice of osteopathic medicine in Nevada and any other facts that the Board may require. The Board shall place the license of the licensee on inactive status upon receipt of:

      (a) The affidavit required pursuant to this subsection; and

      (b) Payment of the inactive license fee prescribed by NRS 633.501.

      4.  A licensee whose license has been placed on inactive status:

      (a) Need not annually renew his license.

      (b) Shall annually pay the inactive license fee prescribed by NRS 633.501.

      (c) Shall not engage in the practice of osteopathic medicine in this State.

      5.  A licensee whose license is on inactive status and who wishes to renew his license to practice osteopathic medicine must:

      (a) Provide to the Board verified evidence satisfactory to the Board of completion of the total number of hours of continuing medical education required for:

             (1) The year preceding the date of the application for renewal of the license to practice osteopathic medicine; and

             (2) Each year succeeding the date the license was placed on inactive status.

      (b) Provide to the Board an affidavit stating that the applicant has not withheld from the Board any information which would provide grounds for disciplinary action pursuant to this chapter.

      (c) Comply with all other requirements for renewal.

      Sec. 12.  NRS 633.501 is hereby amended to read as follows:

      633.501  The Board shall charge and collect fees not to exceed the following amounts:

      1.  Application and initial license fee............................................ [$500] $800

      2.  Annual license renewal fee............................................................ [300] 500

 


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ê2005 Statutes of Nevada, Page 264 (Chapter 94, AB 203)ê

 

      3.  Temporary license fee............................................................... [$100] $500

      4.  Special license fee........................................................................... [100] 200

      5.  Special license renewal fee............................................................ [100] 200

      6.  Reexamination fee.................................................................................... 200

      7.  Late payment fee............................................................................ [100] 300

      8.  For a certificate as an osteopathic physician’s assistant......... [200] 500

      9.  Renewal of a certificate as an osteopathic physician’s assistant [100] 300

      10.  For an application to employ an osteopathic physician’s assistant [200] 500

      11.  Inactive license fee................................................................................. 200

      Sec. 13.  NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony relating to the practice of osteopathic medicine;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

      (d) Any offense involving moral turpitude.

      3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

      4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      Sec. 14.  NRS 633.621 is hereby amended to read as follows:

      633.621  1.  If a formal complaint is filed with the Board pursuant to NRS 633.541, the Secretary of the Board or a hearing officer shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint to be served on the person charged at least 20 days before the date fixed for the hearing. If the Board receives a formal complaint concerning subsection 5 of NRS 228.420, such a hearing must be held within 30 days after receiving the formal complaint.

      2.  The Board, a hearing officer or panel shall hold the formal hearing on the charges at the time and place designated in the notice of hearing. The President of the Board shall determine whether the hearing will be held before the Board, a hearing officer or panel.

      Sec. 15.  NRS 633.641 is hereby amended to read as follows:

      633.641  In any disciplinary proceeding before the Board [:] , a hearing officer or panel:

      1.  Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.

 


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      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine is conclusive evidence of its occurrence.

      Sec. 16.  NRS 633.691 is hereby amended to read as follows:

      633.691  The Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 17.  1.  This section and sections 1 to 9, inclusive, and 11 to 16, inclusive, of this act become effective on July 1, 2005.

      2.  The provisions of section 9 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 the subpoena or warrant relating to a proceeding 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,

Ê are repealed by the Congress of the United States.

      3.  Section 10 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

 


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ê2005 Statutes of Nevada, Page 266ê

 

CHAPTER 95, AB 123

Assembly Bill No. 123–Committee on Judiciary

 

CHAPTER 95

 

AN ACT relating to crimes; prohibiting the use of an electronic stun device under certain circumstances; prohibiting certain persons from possessing an electronic stun device; prohibiting the sale or disposal of an electronic stun device to certain persons; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 12, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a person shall not use an electronic stun device on another person for any purpose other than self-defense.

      2.  Except as otherwise provided in this section, a person shall not have in his possession or under his custody or control any electronic stun device if he:

      (a) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and the pardon does not restrict his right to bear arms;

      (b) Is a fugitive from justice;

      (c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

      (d) Is illegally or unlawfully in the United States.

      3.  A child under 18 years of age shall not have in his possession or under his custody or control any electronic stun device.

      4.  Except as otherwise provided in this section, a person within this State shall not sell, give or otherwise provide an electronic stun device to another person if he has actual knowledge that the other person:

      (a) Is a child under 18 years of age;

      (b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and the pardon does not restrict his right to bear arms;

      (c) Is a fugitive from justice;

      (d) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

      (e) Is illegally or unlawfully in the United States.

      5.  A person who violates the provisions of:

      (a) Subsection 1 or paragraph (a) or (b) of subsection 2 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, and may be further punished by a fine of not more than $5,000.

 


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      (b) Paragraph (c) or (d) of subsection 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      6.  A child who violates subsection 3 commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

      7.  A person who violates the provisions of subsection 4 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      8.  The provisions of subsections 1, 2 and 4 do not apply to a peace officer who possesses or uses or sells, gives or otherwise provides to another person an electronic stun device within the scope of his duties.

      9.  As used in this section, “electronic stun device” means a device that:

      (a) Emits an electrical charge or current that is transmitted by projectile, physical contact or other means; and

      (b) Is designed to disable a person or animal temporarily or permanently.

      Sec. 2.  NRS 209.511 is hereby amended to read as follows:

      209.511  1.  When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the Director:

      (a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offender’s economic need as determined by the Director;

      (b) Shall give him notice of the provisions of chapter 179C of NRS and NRS 202.360 [;] and section 1 of this act;

      (c) Shall require him to sign an acknowledgment of the notice required in paragraph (b);

      (d) Shall give him notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;

      (e) May provide him with clothing suitable for reentering society;

      (f) May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction; and

      (g) Shall require him to submit to at least one test for exposure to the human immunodeficiency virus.

      2.  The costs authorized in paragraphs (a), (e), (f) and (g) of subsection 1 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 268ê

 

CHAPTER 96, SB 130

Senate Bill No. 130–Committee on Government Affairs

 

CHAPTER 96

 

AN ACT relating to information services; repealing the prospective expiration of the authority of the Director of the Department of Information Technology to classify certain records of the Department as confidential; and providing other matters properly relating thereto.

 

[Approved: May 16, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 40 of chapter 402, Statutes of Nevada 2003, at page 2469, is hereby amended to read as follows:

      Sec. 40.  1.  This section and sections 1 to 33, inclusive, 38, 38.5 and 39 of this act become effective on July 1, 2003.

      2.  Sections 34 to 37, inclusive, of this act become effective on January 1, 2004.

      3.  The provisions of sections 21 to 24, inclusive, [and 27.5] of this act expire by limitation on June 30, 2007.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 97, SB 408

Senate Bill No. 408–Committee on Government Affairs

 

CHAPTER 97

 

AN ACT relating to water districts; making provisions relating to the collection of a delinquent bill for water or services furnished; and providing other matters properly relating thereto.

 

[Approved: May 16, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, at page 159, is hereby amended by adding thereto a new section, to be designated as section 3.3, immediately following section 3, to read as follows:

      Sec. 3.3.  1.  Any bill for water or services furnished by the District which is delinquent for more than 60 days must be listed on a delinquent list prepared by the District. The list must identify the property to which the water was furnished in a manner which permits the owner thereof to easily identify his property, state the name of the property owner and list the delinquent amount. Such lists may be filed with the County Tax Collector and upon filing, the properties described therein are subject to a lien for nonpayment of the delinquent amounts. If such a list is filed, the County Tax Collector shall include the delinquent amounts on the next tax bill for the property and shall enforce collection of the amounts in the same manner and with the same penalties and rights of foreclosure which apply to the levy, collection and enforcement of property taxes.

 


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for the property and shall enforce collection of the amounts in the same manner and with the same penalties and rights of foreclosure which apply to the levy, collection and enforcement of property taxes. The remedy for nonpayment of bills provided in this section is in addition to any other available remedies which the District may elect to use for such nonpayment, including, without limitation, termination of service.

      2.  Upon compliance with subsection 5 and until paid, all charges delinquent for more than 60 days and filed with the County Tax Collector constitute a perpetual lien on and against the property served, and the lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments, and not subject to extinguishment by the sale of any property on account of nonpayment of any such liens, claims and titles including the liens of general taxes and special assessments, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the Board shall hold a hearing thereon after notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the District and the real property assessment roll in the county in which the property is located.

      3.  The Board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the District and the taking of its services and provide for the collection of charges.

      4.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the District in any court of competent jurisdiction against the person who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of those persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      5.  A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

      (a) Mailed to the last known owner at his last known address according to the records of the District and the real property assessment roll of the county in which the property is located;

      (b) Delivered by the Board to the Office of the County Recorder of the county within which the property subject to the lien is located;

      (c) Recorded by the County Recorder in a book kept by him to record instruments encumbering land; and

      (d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

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CHAPTER 98, SB 243

Senate Bill No. 243–Senator Hardy

 

CHAPTER 98

 

AN ACT relating to transportation; revising provisions governing the maximum period that a vehicle may be used as a taxicab in certain counties; and providing other matters properly relating thereto.

 

[Approved: May 16, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8834 is hereby amended to read as follows:

      706.8834  1.  [A] If a vehicle acquired for use as a taxicab by a certificate holder [shall not permit a vehicle to be used as a taxicab if it] pursuant to paragraph (a) of subsection 3 has been in operation as a taxicab for [more than 4 model years or 52 months, whichever period is longer.] 67 months based on the date it was originally placed into operation as a taxicab, the certificate holder:

      (a) Shall remove the vehicle from operation as a taxicab; and

      (b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.

      2.  If a vehicle acquired for use as a taxicab by a certificate holder pursuant to paragraph (b) of subsection 3 has been in operation as a taxicab for 55 months based on the date it was originally placed into operation as a taxicab, the certificate holder:

      (a) Shall remove the vehicle from operation as a taxicab; and

      (b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.

      3.  Any vehicle which a certificate holder acquires for use as a taxicab must:

      (a) Be new; or

      (b) Register not more than 30,000 miles on the odometer.

      Sec. 2.  This act becomes effective on July 1, 2005.

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CHAPTER 99, SB 250

Senate Bill No. 250–Senator Carlton (by request)

 

CHAPTER 99

 

AN ACT relating to dentistry and dental hygiene; revising various provisions governing the qualifications, examination and licensure of dentists and dental hygienists; revising the provisions governing activities that are deemed to be included within the practice of dentistry; providing for the biennial renewal of certain licenses; increasing the limits for certain licensing fees; changing the standard of proof in certain proceedings before the Board of Dental Examiners of Nevada; and providing other matters properly relating thereto.

 

[Approved: May 16, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 631.130 is hereby amended to read as follows:

      631.130  1.  The Governor shall appoint:

      (a) Six members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of at least 5 years.

      (b) One member who has resided in Nevada for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) Three members who:

             (1) Are graduates of accredited schools or colleges of dental hygiene;

             (2) Are residents of Nevada; and

             (3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the Board.

      (d) One member who is a representative of the general public. This member must not be:

             (1) A dentist or a dental hygienist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a dentist or a dental hygienist.

      2.  The members who are dental hygienists may vote on all matters but may not participate in grading any clinical examinations required by NRS 631.240 for the licensing of dentists.

      3.  If a member is not licensed under the provisions of this chapter, the member shall not participate in grading any examination required by the Board.

      Sec. 2.  NRS 631.215 is hereby amended to read as follows:

      631.215  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind;

 


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      (c) Diagnoses, professes to diagnose or treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof;

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions of the teeth, mouth or gums [other than as] , unless the person is authorized by the regulations of the Board [;] to engage in such activities without being a licensed dentist;

      (g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

      (k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes [; or] , unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (l) Determines:

             (1) Whether a particular treatment is necessary or advisable; or

             (2) Which particular treatment is necessary or advisable [.] ; or

      (m) Dispenses tooth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is:

             (1) Dispensing or using a product that may be purchased over the counter for a person’s own use; or

             (2) Authorized by the regulations of the Board to engage in such activities without being a licensed dentist.

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental hygienist or [X-ray] qualified technician from making radiograms or X-ray exposures or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

      (b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      Sec. 3.  NRS 631.240 is hereby amended to read as follows:

      631.240  1.  Any person desiring to obtain a license to practice dentistry in this State, after having complied with the regulations of the Board to determine eligibility:

 


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      (a) Must present to the Board a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Examination with an average score of at least 75; and

      (b) Except as otherwise provided in this chapter, must:

             (1) Successfully complete a clinical examination given by the Board which examines the applicant’s practical knowledge of dentistry and which includes demonstrations of the applicant’s skill in dentistry; or

             (2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

      2.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      3.  All persons who have satisfied the requirements for licensure as a dentist must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by [the member of the Board who is a representative of the general public and those] all members of the Board . [who are dentists.]

      Sec. 4.  NRS 631.250 is hereby amended to read as follows:

      631.250  1.  The Board may issue a specialist’s license authorizing a dentist licensed in this State to announce, hold himself out and practice as a specialist in a special area of dentistry for which there is a certifying board approved by the Commission on Dental Accreditation of the American Dental Association.

      2.  No dentist licensed in this State may announce or hold himself out to the public as a specialist or practice as a specialist unless he has successfully completed the educational requirements currently specified for qualification in the special area by the certifying board.

      3.  A dentist licensed in this State who has successfully completed those educational requirements, has passed the general dentistry examination or has otherwise been approved for licensure by the Board, and has been issued a specialist’s license under this section may commence specialty practice immediately in the special area without:

      (a) Examination by the certifying board.

      (b) Certification as a diplomate of the certifying board.

      4.  A dentist licensed in this State to whom a specialist’s license is issued shall limit his practice to the specialty.

      Sec. 5.  NRS 631.255 is hereby amended to read as follows:

      631.255  1.  The Board may, without a clinical examination required by NRS 631.240, issue a specialist’s license to a person who:

      (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;

      (b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (c) Is a specialist as identified by the Board;

      (d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; [and]

      (e) Submits the statement required by NRS 631.225 [.] ; and

      (f) Satisfies the requirements of NRS 631.230.

 


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      2.  The Board shall not issue a specialist’s license to a person:

      (a) Whose license to practice dentistry has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  A person to whom a specialist’s license is issued pursuant to this section shall limit his practice to the specialty.

      5.  The Board [shall] may revoke a specialist’s license at any time upon [proof satisfactory] submission of substantial evidence to the Board that the holder of the license violated any provision of this [section] chapter or the regulations of the Board.

      Sec. 6.  NRS 631.255 is hereby amended to read as follows:

      631.255  1.  The Board may, without a clinical examination required by NRS 631.240, issue a specialist’s license to a person who:

      (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;

      (b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (c) Is a specialist as identified by the Board; [and]

      (d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 [.] ; and

      (e) Satisfies the requirements of NRS 631.230.

      2.  The Board shall not issue a specialist’s license to a person:

      (a) Whose license to practice dentistry has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  A person to whom a specialist’s license is issued pursuant to this section shall limit his practice to the specialty.

      5.  The Board [shall] may revoke a specialist’s license at any time upon [proof satisfactory] submission of substantial evidence to the Board that the holder of the license violated any provision of this [section] chapter or the regulations of the Board.

      Sec. 7.  NRS 631.271 is hereby amended to read as follows:

      631.271  1.  The Board shall, without a clinical examination required by NRS 631.240 or [a practical examination required by NRS] 631.300, issue a limited license to practice dentistry or dental hygiene to a person who:

      (a) Is qualified for a license to practice dentistry or dental hygiene in this State;

      (b) Pays the required application fee; [and]

      (c) Has entered into a contract with the University and Community College System of Nevada to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the University and Community College System of Nevada [.]

 


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resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the University and Community College System of Nevada [.] ;

      (d) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate; and

      (e) Satisfies at least one of the following requirements:

             (1) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

             (2) Presents to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the person has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board; or

             (3) Has the educational or outpatient clinic, hospital or other facility where the person will provide services as a dental intern or dental resident in an internship or residency program submit to the Board written confirmation that the person has been appointed to a position in the program and is a citizen of the United States or is lawfully entitled to remain and work in the United States. If a person qualifies for a limited license pursuant to this subparagraph, the limited license remains valid only while the person is actively providing services as a dental intern or dental resident in the internship or residency program, is lawfully entitled to remain and work in the United States and is in compliance with all other requirements for the limited license.

      2.  The Board shall not issue a limited license to a person:

      (a) Who has been issued a license to practice dentistry or dental hygiene if:

             (1) The person is involved in a disciplinary action concerning the license; or

             (2) The license has been revoked or suspended; or

      (b) Who has been refused a license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  A person to whom a limited license is issued pursuant to subsection 1:

      (a) May practice dentistry or dental hygiene in this State only:

             (1) At the educational or outpatient clinic, hospital or other facility where he is employed; and

             (2) In accordance with the contract required by paragraph (c) of subsection 1.

      (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by the University and Community College System of Nevada for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene.

      4.  A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration [.] , unless the holder no longer satisfies the requirements for the limited license. The holder of a limited license may, upon compliance with the applicable requirements set forth in [subsection 2 of] NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

 


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forth in [subsection 2 of] NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

      5.  Within 7 days after the termination of his contract required by paragraph (c) of subsection 1, the holder of a limited license shall notify the Board of the termination, in writing, and surrender the limited license to the Board.

      6.  The Board may revoke a limited license at any time upon [proof satisfactory] submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 8.  NRS 631.272 is hereby amended to read as follows:

      631.272  1.  Except as otherwise provided in this section, the Board shall, without a clinical examination required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

      (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

      (c) Has not had his license to practice dentistry revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (d) Has not been refused a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; [and]

      (g) Submits the statement required by NRS 631.225 [.] ; and

      (h) Satisfies the requirements of NRS 631.230.

      2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

      (a) Practice dentistry for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dentistry without a clinical examination required by NRS 631.240 if:

             (1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dentistry pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dentistry issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dentistry under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dentistry in accordance with this section, whichever period is shorter.

 


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      6.  The Board may revoke a temporary license at any time upon submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 9.  NRS 631.272 is hereby amended to read as follows:

      631.272  1.  Except as otherwise provided in this section, the Board shall, without a clinical examination required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

      (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

      (c) Has not had his license to practice dentistry revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (d) Has not been refused a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia; [and]

      (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 [.] ; and

      (g) Satisfies the requirements of NRS 631.230.

      2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

      (a) Practice dentistry for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dentistry without a clinical examination required by NRS 631.240 if:

             (1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dentistry pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dentistry issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dentistry under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dentistry in accordance with this section, whichever period is shorter.

      6.  The Board may revoke a temporary license at any time upon submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 10.  NRS 631.273 is hereby amended to read as follows:

      631.273  1.  [The] Except as otherwise provided in this section, the Board shall, without a [practical] clinical examination required by NRS 631.300, issue a temporary license to practice dental hygiene to a person who:

 


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      (a) Has a license to practice dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Satisfies the requirements of NRS 631.290;

      (c) Has practiced dental hygiene pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that he applies for a temporary license;

      (d) Has not had his license to practice dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (e) Has not been denied a license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (f) Is not involved in or does not have pending a disciplinary action concerning his license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.300; and

      (h) Submits the statement required by NRS 631.225.

      2.  A person to whom a temporary license is issued pursuant to this section may:

      (a) Practice dental hygiene for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dental hygiene without a [practical] clinical examination required by NRS 631.300 if:

             (1) The person has held a temporary license to practice dental hygiene issued pursuant to this section for at least 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license issued pursuant to this section.

      3.  The Board shall examine each applicant in writing concerning the contents and interpretation of this chapter and the regulations of the Board.

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dental hygiene pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dental hygiene issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dental hygiene under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dental hygiene in accordance with this section, whichever period is shorter.

      6.  The Board may revoke a temporary license at any time upon submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 11.  NRS 631.273 is hereby amended to read as follows:

      631.273  1.  [The] Except as otherwise provided in this section, the Board shall, without a [practical] clinical examination required by NRS 631.300, issue a temporary license to practice dental hygiene to a person who:

      (a) Has a license to practice dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Satisfies the requirements of NRS 631.290;

 


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      (c) Has practiced dental hygiene pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that he applies for a temporary license;

      (d) Has not had his license to practice dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (e) Has not been denied a license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (f) Is not involved in or does not have pending a disciplinary action concerning his license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia; and

      (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.300.

      2.  A person to whom a temporary license is issued pursuant to this section may:

      (a) Practice dental hygiene for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dental hygiene without a [practical] clinical examination required by NRS 631.300 if:

             (1) The person has held a temporary license to practice dental hygiene issued pursuant to this section for at least 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license issued pursuant to this section.

      3.  The Board shall examine each applicant in writing concerning the contents and interpretation of this chapter and the regulations of the Board.

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dental hygiene pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dental hygiene issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dental hygiene under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dental hygiene in accordance with this section, whichever period is shorter.

      6.  The Board may revoke a temporary license at any time upon submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 12.  NRS 631.274 is hereby amended to read as follows:

      631.274  1.  The Board shall, without a clinical examination required by NRS 631.240 or [a practical examination required by NRS] 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

      (a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; [or]

      (b) Two or more boards of county commissioners submit a joint request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in one or more rural areas within those counties in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

 


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practice dentistry or dental hygiene in one or more rural areas within those counties in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

      (c) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

      2.  A person may apply for a restricted geographical license if he:

      (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this State;

      (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300; [and]

      (d) Submits the statement required by NRS 631.225 [.] ; and

      (e) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate.

      3.  The Board shall not issue a restricted geographical license to a person:

      (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry or dental hygiene; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a restricted geographical license is issued pursuant to this section:

      (a) May practice dentistry or dental hygiene only in the county or counties which has requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1.

      (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph [(b)] (c) of subsection 1.

      6.  Within 7 days after the termination of his contract pursuant to paragraph [(b)] (c) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

      7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical examination required by NRS 631.240 or [a practical examination required by NRS] 631.300 if the person:

 


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      (a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (b) Has not been refused a license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia; and

      (d) Has:

             (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the county or counties which requested the restricted geographical [area;] licensure pursuant to paragraph (a) or (b) of subsection 1; or

             (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

      8.  The Board [shall] may revoke a restricted geographical license at any time upon [proof satisfactory] submission of substantial evidence to the Board that the holder of the license violated any provision of this [section] chapter or the regulations of the Board.

      Sec. 13.  NRS 631.274 is hereby amended to read as follows:

      631.274  1.  The Board shall, without a clinical examination required by NRS 631.240 or [a practical examination required by NRS] 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

      (a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; [or]

      (b) Two or more boards of county commissioners submit a joint request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in one or more rural areas within those counties in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

      (c) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

      2.  A person may apply for a restricted geographical license if he:

      (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this State; [and]

      (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300 [.] ; and

 


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      (d) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate.

      3.  The Board shall not issue a restricted geographical license to a person:

      (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry or dental hygiene; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a restricted geographical license is issued pursuant to this section:

      (a) May practice dentistry or dental hygiene only in the county or counties which [has] requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1.

      (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph [(b)] (c) of subsection 1.

      6.  Within 7 days after the termination of his contract pursuant to paragraph [(b)] (c) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

      7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical examination required by NRS 631.240 or [a practical examination required by NRS] 631.300 if the person:

      (a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (b) Has not been refused a license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia; and

      (d) Has:

             (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the county or counties which requested the restricted geographical [area;] licensure pursuant to paragraph (a) or (b) of subsection 1; or

             (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

      8.  The Board [shall] may revoke a restricted geographical license at any time upon [proof satisfactory] submission of substantial evidence to the Board that the holder of the license violated any provision of this [section] chapter or the regulations of the Board.

 


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Board that the holder of the license violated any provision of this [section] chapter or the regulations of the Board.

      Sec. 14.  NRS 631.275 is hereby amended to read as follows:

      631.275  1.  Except as otherwise provided in subsection 2, the Board shall, without examination, issue a restricted license to practice dentistry to a person who:

      (a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;

      (b) Has received a degree from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor organization; [and]

      (c) Has entered into a contract with a facility approved by the Health Division of the Department of Human Resources to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license [.] ; and

      (d) Satisfies the requirements of NRS 631.230.

      2.  The Board shall not issue a restricted license to a person:

      (a) Who has failed to pass the examination of the Board;

      (b) Who has been refused a license in this State, another state or territory of the United States, or the District of Columbia; or

      (c) Whose license to practice dentistry has been revoked in this State, another state or territory of the United States, or the District of Columbia.

      3.  A person to whom a restricted license is issued pursuant to subsection 1:

      (a) May perform dental services only:

             (1) Under the general supervision of the State Dental Health Officer or the supervision of a dentist who is licensed to practice dentistry in this State and appointed by the Health Division of the Department of Human Resources to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the Health Division; and

             (2) In accordance with the contract required pursuant to paragraph (c) of that subsection.

      (b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.

      4.  A restricted license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless the holder no longer satisfies the requirements for the restricted license. The holder of a restricted license may, upon compliance with the applicable requirements set forth in NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the restricted license for 1 year.

      5.  A person who receives a restricted license must pass the examination of the Board within 3 years after receiving his restricted license. If the person fails to pass that examination, the Board shall revoke the restricted license.

      [5.] 6.  The Board may revoke a restricted license at any time [.] upon submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

 


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      Sec. 15.  NRS 631.290 is hereby amended to read as follows:

      631.290  1.  Any person is eligible to apply for a license to practice dental hygiene in this State who:

      (a) Is of good moral character;

      (b) Is over 18 years of age;

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (d) Is a graduate of a [school] program of dental hygiene [or other institution that awards at least an associate degree upon completion of the program and that] from an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:

             (1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and

             (2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.

      2.  To determine whether a person has good moral character, the Board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.

      Sec. 16.  NRS 631.300 is hereby amended to read as follows:

      631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the Board to determine eligibility [, must be examined] :

      (a) Must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental hygiene or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75; and [, except]

      (b) Except as otherwise provided in [NRS 631.271 and 631.274, be given a practical] this chapter, must:

             (1) Successfully complete a clinical examination in dental hygiene [, including,] given by the Board which examines the applicant’s practical knowledge of dental hygiene and which includes, but is not limited to, demonstrations in the removal of deposits from, and the polishing of, the exposed surface of the teeth [.] ; or

             (2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

      2.  The clinical examination given by the Board must [be:] include components that are:

      (a) Written [,] or oral , or a combination of both; and

      (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  [In lieu of the written examination which may be required by subsection 2, the Board shall recognize a certificate from the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75.]

 


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Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75.] All persons who have satisfied the requirements for licensure as a dental hygienist must be registered as licensed dental hygienists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

      Sec. 17.  NRS 631.330 is hereby amended to read as follows:

      631.330  1.  Licenses issued pursuant to NRS 631.271 and 631.275 must be renewed annually. All other licenses must be renewed biennially.

      2.  Except as otherwise provided in NRS 631.271 [:] and 631.275:

      (a) Each holder of a license to practice dentistry or dental hygiene must, upon:

             (1) Submission of the statement required pursuant to NRS 631.225;

             (2) Payment of the required fee; and

             (3) Submission of proof of completion of the required continuing education,

Ê be granted a renewal certificate which will authorize continuation of the practice for [1 year.] 2 years.

      (b) A licensee must comply with the provisions of this subsection and subsection 1 on or before June 30. Failure to comply with those provisions by June 30 [of each year] every 2 years automatically suspends the license, and it may be reinstated only upon payment of the fee for reinstatement and compliance with the requirements of this subsection.

      3.  If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

      Sec. 18.  NRS 631.330 is hereby amended to read as follows:

      631.330  1.  Licenses issued pursuant to NRS 631.271 and 631.275 must be renewed annually. All other licenses must be renewed biennially.

      2.  Except as otherwise provided in NRS 631.271 [:] and 631.275:

      (a) Each holder of a license to practice dentistry or dental hygiene must, upon payment of the required fee and submission of proof of completion of the required continuing education, be granted a renewal certificate which will authorize continuation of the practice for [1 year.] 2 years.

      (b) The [annual] biennial renewal fee must be paid, and proof of continuing education submitted on or before June 30. Failure to pay the fee or submit the proof to the board by June 30 [of each year] every 2 years automatically suspends the license and it may be reinstated only upon payment of the fee for reinstatement in addition to the [annual] biennial fee due and submission of proof of the required continuing education.

      3.  If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

      Sec. 19.  NRS 631.345 is hereby amended to read as follows:

      631.345  1.  The Board shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:

 

[Examination] Application fee for [a] an initial license to practice dentistry           [$750] $1,500

[Examination] Application fee for [a] an initial license to practice dental hygiene [150] 750

 


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Application fee for a [specialist] specialist’s license to practice dentistry  [$125] $300

Application fee for a limited license or restricted license to practice dentistry or dental hygiene         [125] 300

Application and examination fee for a permit to administer general anesthesia, conscious sedation or deep sedation..................................................................................... [500] 750

Fee for any reinspection required by the Board to maintain a permit to administer general anesthesia, conscious sedation or deep sedation...................................................... [250] 500

[Annual] Biennial renewal fee for a permit to administer general anesthesia, conscious sedation or deep sedation      [100] 600

Fee for the inspection of a facility required by the Board to renew a permit to administer general anesthesia, conscious sedation or deep sedation.................................... [100] 350

[Annual] Biennial license renewal fee for a general [dentist or specialist] license, specialist’s license, temporary license or restricted geographical license to practice dentistry [300] 1,000

Annual license renewal fee for a limited license or restricted license to practice dentistry  300

[Annual] Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental [hygienist] hygiene...................................... [150] 600

Annual license renewal fee for a limited license to practice dental hygiene               [100] 300

[Annual] Biennial license renewal fee for an inactive dentist [100] 400

[Annual] Biennial license renewal fee for a retired or disabled dentist [25] 100

[Annual] Biennial license renewal fee for an inactive dental hygienist [25] 200

[Annual] Biennial license renewal fee for a retired or disabled dental hygienist        [25] 100

Reinstatement fee for a suspended license to practice dentistry or dental hygiene   [200] 500

Reinstatement fee for a revoked license to practice dentistry or dental hygiene       500

Reinstatement fee to return an inactive, retired or disabled dentist or dental hygienist to active status                [200] 500

Fee for the certification of a license......................................................... 50

 

      2.  Except as otherwise provided in this subsection, the Board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The Board shall not charge a nonprofit organization or an agency of the State or of a political subdivision of the State a fee to review a course of continuing education.

      3.  All fees prescribed in this section are payable in advance and must not be refunded.

 


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      Sec. 20.  NRS 631.350 is hereby amended to read as follows:

      631.350  1.  Except as otherwise provided in NRS 631.271 and 631.347, the Board may:

      (a) Refuse to issue a license to any person;

      (b) Revoke or suspend the license or renewal certificate issued by it to any person;

      (c) Fine a person it has licensed;

      (d) Place a person on probation for a specified period on any conditions the Board may order;

      (e) Issue a public reprimand to a person;

      (f) Limit a person’s practice to certain branches of dentistry;

      (g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;

      (h) Require that a person’s practice be supervised;

      (i) Require a person to perform community service without compensation;

      (j) Require a person to take a physical or mental examination or an examination of his competence;

      (k) Require a person to fulfill certain training or educational requirements;

      (l) Require a person to reimburse a patient; or

      (m) Any combination thereof,

Ê upon [proof satisfactory] submission of substantial evidence to the Board that the person has engaged in any of the activities listed in subsection 2.

      2.  The following activities may be punished as provided in subsection 1:

      (a) Engaging in the illegal practice of dentistry or dental hygiene;

      (b) Engaging in unprofessional conduct; or

      (c) Violating any regulations adopted by the Board or the provisions of this chapter.

      3.  The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      5.  The Board shall not administer a private reprimand.

      6.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 21.  Section 34 of chapter 89, Statutes of Nevada 2003, at page 522, is hereby amended to read as follows:

      Sec. 34.  1.  This section and sections 1 to 30, inclusive, and 33 of this act become effective on October 1, 2003.

      2.  Section 2 of this act expires by limitation [on September 30, 2005, or] 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:

 


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      (a) Have failed to comply with a subpoena or warrant relating to a proceeding 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,

Ê are repealed by the Congress of the United States . [, whichever occurs first.]

      3.  Section 31 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding 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,

Ê are repealed by the Congress of the United States . [, and expires by limitation on September 30, 2005.

      4.  Section 32 of this act becomes effective on October 1, 2005.]

      Sec. 22.  Section 32 of chapter 89, Statutes of Nevada 2003, at page 522, is hereby repealed.

      Sec. 23.  Any person who has applied for a permanent license to practice dental hygiene pursuant to chapter 631 of NRS and whose application is pending on July 1, 2005, must be issued a permanent license to practice dental hygiene if the person meets either the requirements for the issuance of the license in effect before the enactment of this act or the requirements for the issuance of the license in effect after the enactment of this act.

      Sec. 24.  1.  This section and sections 17 and 19 of this act become effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, 7, 8, 10, 12, 14, 15, 16 and 20 to 23, inclusive, of this act become effective on July 1, 2005.

      3.  Sections 5, 8, 10, 12 and 17 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 proceeding 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,

Ê are repealed by the Congress of the United States.

      4.  Sections 6, 9, 11, 13 and 18 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

 


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      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 100, SB 210

Senate Bill No. 210–Senator McGinness

 

CHAPTER 100

 

AN ACT relating to communications; requiring a county-owned telephone system to participate in the fund to maintain the availability of telephone service administered by the Public Utilities Commission of Nevada; authorizing a board of county commissioners that controls and manages a county-owned telephone system to create a separate corporation to provide certain communication services; requiring a county-owned telephone system that provides certain communication services outside county boundaries to comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; prohibiting a county-owned telephone system from engaging in certain transactions; revising the provisions governing the sale or lease of a county-owned telephone system; and providing other matters properly relating thereto.

 

[Approved: May 16, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 710.140 is hereby amended to read as follows:

      710.140  1.  The control, management and conduct of any telephone line or system [so] purchased, acquired or constructed by any county [shall] must be exercised by the board of county commissioners of such county.

      2.  The board of county commissioners [shall have] has the right to employ such persons as may be necessary to carry on the business of [the same and as may be required.] the county telephone line or system.

      3.  The board of county commissioners shall comply with chapter 332 of NRS in letting contracts for the use and benefit of the county telephone line or system.

      4.  If the Public Utilities Commission of Nevada has provided for the levy and collection of an assessment pursuant to subsection 7 of NRS 704.040 for a fund to maintain the availability of telephone service, the county telephone line or system is subject to the levy and collection of the assessment and is entitled to receive money from the fund under the same terms and conditions as a public utility that is subject to subsection 7 of NRS 704.040.

      5.  In carrying on the business of the county telephone line or system, the board of county commissioners may create a separate corporation to provide communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS. The control and management of the separate corporation must be exercised by the board of county commissioners, and the separate corporation is subject to all applicable provisions of NRS 710.010 to 710.159, inclusive, to the same extent as the county telephone line or system.

 


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provisions of NRS 710.010 to 710.159, inclusive, to the same extent as the county telephone line or system.

      6.  If, after October 1, 2006, the county telephone line or system provides, outside the territorial boundaries of the county, any communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS, the county telephone line or system:

      (a) With regard to the facilities and property it maintains outside the territorial boundaries of the county, shall comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; and

      (b) With regard to the provision of such services outside the territorial boundaries of the county:

             (1) Shall comply with any regulations and rules of the Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services;

             (2) Shall not use any money from the county general fund for the provision of such services; and

             (3) Shall not engage in any transaction with an affiliated entity at prices and terms that are lower than or more favorable than the prices and terms that the county telephone line or system or the affiliated entity would offer to or charge an unaffiliated third party for such a transaction.

      7.  Nothing in this section requires a county telephone line or system to offer any services to or engage in any transaction with an affiliated entity or an unaffiliated third party.

      8.  Except as otherwise provided in subsections 4 and 6, nothing in this section vests jurisdiction over a county telephone line or system in the Public Utilities Commission of Nevada.

      9.  It is expressly provided that no general or other statute shall limit or restrict the conduct and carrying on of [such] the business of a county telephone line or system by the board of county commissioners except as specifically set forth in this section [.] and NRS 710.145.

      10.  As used in this section, “affiliated entity” means any entity that is owned, operated or controlled by the same county that owns, operates or controls the county telephone line or system.

      Sec. 2.  NRS 710.145 is hereby amended to read as follows:

      710.145  1.  Notwithstanding the provisions of any other statute, a county telephone line or system [which is under the control and management of a county] may extend its [operation across county] communication services outside the territorial boundaries of the county if:

      (a) The [proposed operations] services are not within the scope of activities regulated pursuant to chapter 704 of NRS [;] and the county telephone line or system complies with the provisions of subsection 6 of NRS 710.140;

      (b) The Public Utilities Commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the [extended] services are competitive or discretionary and that regulation thereof is unnecessary; or

      (c) The Public Utilities Commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which the [operation] extension is to be [extended,] made, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system.

 


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approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.

      2.  If, after October 1, 2005, a county telephone line or system provides any communication services pursuant to paragraph (b) or (c) of subsection 1 outside the territorial boundaries of the county, the county telephone line or system shall:

      (a) With regard to the facilities and property it maintains outside the territorial boundaries of the county, comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; and

      (b) With regard to the provision of such services outside the territorial boundaries of the county, comply with any regulations and rules of the Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services.

      3.  If a county telephone line or system and an affiliated entity engage in any transaction to provide communication services outside the territorial boundaries of the county, the Public Utilities Commission of Nevada has jurisdiction over such a transaction to the extent necessary to enforce this section and NRS 710.140.

      4.  Nothing in this section requires a county telephone line or system to offer any services to or engage in any transaction with an affiliated entity or an unaffiliated third party.

      5.  Except as otherwise provided in [subsection 1,] subsections 1, 2 and 3, nothing in this section vests jurisdiction over a county telephone line or system in the Public Utilities Commission of Nevada.

      6.  As used in this section, “affiliated entity” has the meaning ascribed to it in NRS 710.140.

      Sec. 3.  NRS 710.159 is hereby amended to read as follows:

      710.159  1.  If , at the primary, general or special election , it is shown that a majority of the ballots cast favors the sale or lease of the telephone system, [three disinterested persons must be appointed by the district judge of the county to make a correct appraisement of the gross] the board of county commissioners shall contract with a reputable and qualified expert in rural telecommunications to appraise the value of the telephone system. The appraisal is confidential and must not be disclosed before the completion of the sale or lease of the telephone system.

      2.  Upon the return of the [appraisement,] appraisal, the board of county commissioners shall advertise the sale or lease, for a term of years agreed upon by the board, of the telephone system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation therein. [The notice must require sealed bids, to be accompanied by a certified check for at least 5 percent of the sum bid, to be deposited with the county clerk of the county on or before the date stated in the notice.] After publication of the first such notice, the board or its authorized representatives may enter into negotiations for the sale or lease of the telephone system. If the notice is for the sale of the telephone system, [no bids may be accepted by] the board [of county commissioners for] shall not accept a sum less than the amount of the [appraisement] appraisal of the telephone system. If the notice is for the lease of the telephone system, [no bids may be accepted by] the board [of county commissioners for] shall not accept a sum less than an amount to realize not less than 7 percent per annum upon the value of the telephone system as so appraised.

 


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upon the value of the telephone system as so appraised. If the telephone system is leased, the board shall safeguard the county’s interest by demanding a bond for the faithful performance of the covenants contained in the lease. The board may reject any and all [bids] offers made for such a sale or lease.

      Sec. 4.  NRS 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all of its financial statements. A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 6 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Department of Taxation to any local government that submits an application for an extension to the Department. If the local government fails to provide for an audit in accordance with the provisions of this section, the Department of Taxation shall cause the audit to be made at the expense of the local government. All audits must be conducted by a certified public accountant or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

      2.  The annual audit of a school district must:

      (a) Be concluded and the report submitted to the board of trustees as provided in subsection 6 not later than 4 months after the close of the fiscal year for which the audit is conducted.

      (b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of public money used:

             (1) To design, construct or purchase new buildings for schools or related facilities;

             (2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and

             (3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.

      3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated, and notification of the auditor or firm designated must be sent to the Department of Taxation not later than 3 months before the close of the fiscal year for which the audit is to be made.

      4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards in the United States, including findings on compliance with statutes and regulations and an expression of opinion on the financial statements. The Department of Taxation shall prescribe the form of the financial statements, and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

      (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989;

      (b) A comparison of the operations of the local government with the approved budget, including a statement from the auditor that indicates whether the governing body has taken action on the audit report for the prior year; [and]

 


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      (c) If the local government is subject to the provisions of NRS 244.186, a report showing that the local government is in compliance with the provisions of paragraphs (a) and (b) of subsection 1 of NRS 244.186 [.] ; and

      (d) If the local government is subject to the provisions of NRS 710.140 or 710.145, a report showing that the local government is in compliance with the provisions of those sections with regard to the facilities and property it maintains and the services it provides outside its territorial boundaries.

      5.  Each local government shall provide to its auditor:

      (a) A statement indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

             (1) An enterprise fund.

             (2) An internal service fund.

             (3) A fiduciary fund.

             (4) A self-insurance fund.

             (5) A fund whose balance is required by law to be:

                   (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

                   (II) Carried forward to the succeeding fiscal year in any designated amount.

      (b) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.

      (c) If the local government is subject to the provisions of NRS 244.186, a declaration indicating that the local government is in compliance with the provisions of paragraph (c) of subsection 1 of NRS 244.186.

      (d) If the local government is subject to the provisions of NRS 710.140 or 710.145, a declaration indicating that the local government is in compliance with the provisions of those sections with regard to the facilities and property it maintains and the services it provides outside its territorial boundaries.

      6.  The opinion and findings of the auditor contained in the report of the audit must be presented at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with the management letter required by generally accepted auditing standards in the United States or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

      (a) The clerk or secretary of the governing body;

      (b) The county clerk;

      (c) The Department of Taxation; and

      (d) In the case of a school district, the Department of Education.

      7.  If an auditor finds evidence of fraud or dishonesty in the financial statements of a local government, the auditor shall report such evidence to the appropriate level of management in the local government.

      8.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

      Sec. 5.  This act becomes effective on July 1, 2005.

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CHAPTER 101, AB 67

Assembly Bill No. 67–Committee on Commerce and Labor

 

CHAPTER 101

 

AN ACT relating to taxation; authorizing the Department of Taxation to suspend or revoke a business license under certain circumstances; and providing other matters properly relating thereto.

                                        

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person who holds a business license fails to comply with a provision of NRS 360.760 to 360.795, inclusive, or a regulation of the Department adopted pursuant thereto, the Department may revoke or suspend the business license of the person. Before so doing, the Department must hold a hearing after 10 days’ written notice to the licensee. The notice must specify the time and place of the hearing and require the licensee to show cause why his license should not be revoked.

      2.  If the license is suspended or revoked, the Department shall give written notice of the action to the person who holds the business license.

      3.  The notices required by this section may be served personally or by mail in the manner provided in NRS 360.350 for the service of a notice of the determination of a deficiency.

      4.  The Department shall not issue a new license to the former holder of a revoked business license unless the Department is satisfied that the person will comply with the provisions of this chapter and the regulations of the Department adopted pursuant thereto.

      Sec. 2.  NRS 360.760 is hereby amended to read as follows:

      360.760  As used in NRS 360.760 to 360.795, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 360.765, 360.770 and 360.775 have the meanings ascribed to them in those sections.

      Sec. 3.  This act becomes effective on July 1, 2005.

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