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ê2007 Statutes of Nevada, Page 2295ê

 

CHAPTER 442, AB 14

Assembly Bill No. 14–Assemblyman Oceguera

 

CHAPTER 442

 

AN ACT relating to crimes; making it unlawful to carry a graffiti implement in certain places and in certain circumstances; providing that a governmental entity which incurs costs in cleaning up or removing graffiti may receive restitution if the graffiti was on public property; revising penalties for unlawfully placing graffiti on the property of another; revising provisions governing the suspension of or delay in issuing a driver’s license when a person is convicted for placing graffiti on or defacing property; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill creates a new crime for unlawfully possessing certain graffiti implements in certain public places. Specifically, section 2 provides that it is a misdemeanor for a person to carry on his person with the intent to vandalize, place graffiti on or otherwise deface property a graffiti implement on certain public and private property or in a public transportation vehicle without valid authorization from the appropriate governmental entity or person. Sections 6-8 of this bill amend existing law to provide that persons who unlawfully possess a graffiti implement in violation of section 2 are treated similarly to persons who unlawfully place graffiti on the property of another in violation of NRS 206.125 or 206.330. Section 6 requires a person who violates section 2 to pay, in addition to any other fine or penalty, an administrative assessment of $250 which must be credited to the Graffiti Reward Fund. (NRS 206.340) Section 7 amends existing law which provides that, under certain circumstances, a person may not sue a public employee, officer or agency for any injury, wrongful death or other damage incurred by a person while committing certain crimes to include the new crime created pursuant to section 2. (NRS 41.0334) Section 8 amends existing law which authorizes a court to suspend the driver’s license of a child or to delay the issuance of a driver’s license to the child if he does not yet possess a driver’s license when the child is adjudicated delinquent for engaging in certain acts involving graffiti or defacing property to allow such actions when a child engages in an act prohibited by section 2. (NRS 62E.690)

      Section 3 of this bill requires a person who is ordered to pay restitution for damaging the property of another to pay the restitution to either the owner of the property or, if the damage involves the placement of graffiti on certain property, to the governmental entity that incurred the costs of cleaning up or removing the graffiti.

      Section 4 of this bill revises the penalty for placing graffiti on, vandalizing, defacing or otherwise damaging: (1) a place of religious worship; (2) a facility used for the purpose of burial or memorializing the dead; or (3) a school, educational facility or community center to provide for mandatory fines and community service. Section 4 also adds transportation facilities and public transportation vehicles to the list of entities covered by this section. (NRS 206.125)

      Section 5 of this bill revises the penalties for such an offense to include a mandatory fine and community service, revises the period for the suspension of a driver’s license, defines the manner for determining the “value of the loss” and allows for aggregating the amount of damage to determine the value of the loss, but only if the value of the loss when aggregated is $5,000 or more. (NRS 206.330)

 


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ê2007 Statutes of Nevada, Page 2296 (Chapter 442, AB 14)ê

 

      Existing law provides for the suspension or delay in the issuance of a driver’s license to a person who commits certain graffiti offenses. Section 8 of this bill adds to the crimes for which a license may be suspended or delayed the new crime of carrying a graffiti implement in certain places and increases the minimum period of the suspension or delay to 1 year. (NRS 62E.690)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 206 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any person who carries on his person a graffiti implement with the intent to vandalize, place graffiti on or otherwise deface public or private property, real or personal, of another:

      (a) While on or under any overpass or bridge or in any flood channel;

      (b) At any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public which states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or

      (c) In a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization,

Ê is guilty of a misdemeanor unless he has first received valid authorization from the governmental entity which has jurisdiction over the public area or other person who is designated to provide such authorization.

      2.  As used in this section:

      (a) “Broad-tipped indelible marker” means any felt-tipped marker or similar implement which contains a fluid that is not soluble in water and which has a flat or angled writing surface of a width of one-half inch or greater.

      (b) “Graffiti implement” means any broad-tipped indelible marker or aerosol paint container or other item that may be used to propel or apply fluid that is not soluble in water.

      (c) “Public transportation vehicle” means a bus, train or other vehicle or instrumentality used to transport persons from a transportation facility to another location.

      (d) “Transportation facility” means an airport, marina, bus terminal, train station, bus stop or other facility where a person may go to obtain transportation.

      Sec. 3.  If a court orders a person who violates the provisions of NRS 206.125 or 206.330 to pay restitution, the person shall pay the restitution to:

      1.  The owner of the property which was affected by the violation; or

      2.  If the violation involved the placing of graffiti on any public property, the governmental entity that incurred expenses for removing, covering or cleaning up the graffiti.

      Sec. 4.  NRS 206.125 is hereby amended to read as follows:

      206.125  1.  Unless a greater penalty is provided by law, a person who knowingly vandalizes, places graffiti on, defaces or otherwise damages:

 


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ê2007 Statutes of Nevada, Page 2297 (Chapter 442, AB 14)ê

 

      (a) Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

      (b) Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;

      (c) Any school, educational facility , transportation facility, public transportation vehicle or community center;

      (d) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in paragraph (a), (b) or (c); or

      (e) Any personal property contained in any institution, facility, building, structure or place described in paragraph (a), (b) or (c),

Ê is guilty of a gross misdemeanor.

      2.  In addition to any other penalty, the court shall order [the] a person found guilty of a gross misdemeanor pursuant to subsection 1 to pay restitution for the damage [.] and:

      (a) For the first offense, to pay a fine of not less than $400 but not more than $1,000, and to perform 100 hours of community service.

      (b) For the second offense, to pay a fine of not less than $750, but not more than $1,000, and to perform 200 hours of community service.

      (c) For a third or subsequent offense, to pay a fine of $1,000, and to perform 200 hours of community service.

      [2.] 3.  A person who is paid money for restitution pursuant to subsection 1 shall use the money to repair or restore the property that was damaged.

      4.  As used in this section:

      (a) “Public transportation vehicle” has the meaning ascribed to it in section 2 of this act.

      (b) “Transportation facility” has the meaning ascribed to it in section 2 of this act.

      Sec. 5.  NRS 206.330 is hereby amended to read as follows:

      206.330  1.  Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:

      (a) Where the value of the loss is less than $250, is guilty of a misdemeanor.

      (b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.

      (c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.

      2.  If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses [may] must be aggregated for the purpose of determining the penalty prescribed in subsection 1 [.] , but only if the value of the loss when aggregated is $5,000 or more.

      3.  A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:

 


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ê2007 Statutes of Nevada, Page 2298 (Chapter 442, AB 14)ê

 

      (a) For the first offense, pay a fine of not less than $400 but not more than $1,000 and perform [not less than 50 hours, but not more than 99 hours,] 100 hours of community service.

      (b) For the second offense, pay a fine of not less than $750 but not more than $1,000 and perform [not less than 100 hours, but not more than 199 hours,] 200 hours of community service.

      (c) For the third and each subsequent offense, pay a fine of $1,000 and perform [not less than] 200 hours of community service.

Ê The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.

      4.  The parent or legal guardian of a person under the age of 18 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.

      5.  If a person who is 18 years of age or older is found guilty of violating this section, the court [may] shall, in addition to any other penalty imposed, issue an order suspending the driver’s license of the person for [a period not to exceed] not less than 6 months [in addition to any other penalty imposed. If such an order is issued, the] but not more than 2 years. The court shall require the person to surrender all driver’s licenses then held by the person. If the person does not possess a driver’s license, the court [may] shall issue an order prohibiting the person from applying for a driver’s license [within the] for not less than 6 months [immediately following the date of the order.] but not more than 2 years. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.

      6.  The Department of Motor Vehicles:

      (a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.

      (b) Shall report the suspension of a driver’s license pursuant to this section to an insurance company or its agent inquiring about the person’s driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

      7.  A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.

      8.  As used in this section [, “impairment”] :

      (a) “Impairment” means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.

      (b) “Value of the loss” means the cost of repairing, restoring or replacing the property, including, without limitation, the cost of any materials and labor necessary to repair, restore or replace the item.

      Sec. 6.  NRS 206.340 is hereby amended to read as follows:

      206.340  1.  The Graffiti Reward Fund is hereby created in the State General Fund.

      2.  When a defendant pleads or is found guilty of violating NRS 206.125 or 206.330 [,] or section 2 of this act, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty.

 


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ê2007 Statutes of Nevada, Page 2299 (Chapter 442, AB 14)ê

 

fine or penalty. The money collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Graffiti Reward Fund.

      3.  All money received pursuant to subsection 2 must be deposited with the State Controller for credit to the Graffiti Reward Fund. The money in the Fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates NRS 206.125 or 206.330 [.] or section 2 of this act.

      4.  If sufficient money is available in the Graffiti Reward Fund, a state law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates NRS 206.125 or 206.330 [.] or section 2 of this act. The reward must be paid out of the Graffiti Reward Fund upon approval by the State Board of Examiners.

      Sec. 7.  NRS 41.0334 is hereby amended to read as follows:

      41.0334  1.  Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 202.810, 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 207.210, 331.200 or 393.410 [,] or section 2 of this act, at the time the injury, wrongful death or damage was caused.

      2.  Subsection 1 does not apply to any action for injury, wrongful death or other damage:

      (a) Intentionally caused or contributed to by an officer or employee of the State or any of its agencies or political subdivisions; or

      (b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the Constitution of the State of Nevada.

      3.  As used in this section:

      (a) “Public building” includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and

      (b) “Public vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,

Ê owned, in whole or in part, possessed, used by or leased to the State or any of its agencies or political subdivisions.

      Sec. 8.  NRS 62E.690 is hereby amended to read as follows:

      62E.690  1.  Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of placing graffiti on or otherwise defacing public or private property owned or possessed by another person in violation of NRS 206.125 or 206.330 [,] or for the unlawful act of carrying a graffiti implement in certain places without valid authorization in violation of section 2 of this act, the juvenile court [may:] shall:

      (a) If the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least [90 days] 1 year but not more than 2 years; or

 


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ê2007 Statutes of Nevada, Page 2300 (Chapter 442, AB 14)ê

 

      (b) If the child does not possess a driver’s license and the child is or will be eligible to receive a driver’s license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver’s license for a period specified by the juvenile court which must be at least [90 days] 1 year but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license; or

             (2) After the date the child will be eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

      2.  If the child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      Sec. 9.  NRS 483.250 is hereby amended to read as follows:

      483.250  The Department shall not issue any license pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 18 years, except that the Department may issue:

      (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

      (d) A driver’s license to a person who is 16 or 17 years of age pursuant to NRS 483.2521.

      2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

      3.  To any person whose license has been suspended, but upon good cause shown to the Administrator, the Department may issue a restricted license to him or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

      6.  To any person when the Administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

      7.  To any person who is not a resident of this State.

      8.  To any child who is the subject of a court order issued pursuant to title 5 of NRS which delays his privilege to drive.

      9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which [suspends or] delays his privilege to drive until the expiration of the period of [suspension or] delay.

      10.  To any person who is not eligible for the issuance of a license pursuant to NRS 483.283.

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ê2007 Statutes of Nevada, Page 2301ê

 

CHAPTER 443, SB 502

Senate Bill No. 502–Committee on Taxation

 

CHAPTER 443

 

AN ACT relating to taxes on retail sales; revising various provisions governing sales and use taxes to ensure continued compliance with the Streamlined Sales and Use Tax Agreement; providing for the direct payment by certain purchasers of any sales and use taxes due to an Indian reservation or Indian colony in this State; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to repeal a tax exemption for the sale of aircraft and major components of aircraft to an airline based in Nevada and to authorize the Legislature to amend or repeal a provision of that Act without additional voter approval when necessary to carry out a federal law or interstate agreement for the administration of sales and use taxes; repealing certain obsolete provisions for the administration of sales and use taxes; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the administration of sales and use taxes in this State pursuant to the Simplified Sales and Use Tax Administration Act, the Sales and Use Tax Act and the Local School Support Tax Law. (Chapters 360B, 372 and 374 of NRS) Under existing law, the Legislature has found and declared that this State should enter into an interstate agreement to simplify and modernize sales and use tax administration to reduce the burden of tax compliance for all sellers and types of commerce. (NRS 360B.020) Existing law requires the Nevada Tax Commission to enter into the Streamlined Sales and Use Tax Agreement and take all other actions reasonably required to implement the provisions of the Agreement. (NRS 360B.110) Sections 2, 5-7 and 15-17 of this bill set forth and clarify various administrative definitions required pursuant to the Agreement, as amended. Section 3 of this bill contains the requirements of a recent amendment to the Agreement regarding the certification by the State of the software of certain computer programs that calculate the taxes due on a sale and the provision of a limited waiver of liability for the persons who rely on that certification. Section 9 of this bill carries out a recent amendment to the Agreement regarding the conditions under which multiple remittances of taxes may be required for a single tax return from a seller who registers under the Agreement. Section 10 of this bill clarifies the duties of the Department of Taxation to post on its website certain tax information required by the Agreement. Section 11 of this bill clarifies the statutory provisions governing the contents and use of a list required by the Agreement for determining the combined rate of taxes imposed in each zip code. Section 12 of this bill carries out and clarifies the requirements of the Agreement, as amended, to waive the liability of sellers and purchasers who rely on the tax information posted on the Department’s website in accordance with the Agreement.

      Existing law authorizes a person who obtains a direct pay permit to pay any applicable sales and use taxes due on certain purchases directly to this State and its local governments instead of to the seller. (NRS 360B.260) Section 13 of this bill additionally provides for the direct payment of any applicable sales and use taxes due on such a purchase to an Indian reservation or Indian colony in this State.

 


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ê2007 Statutes of Nevada, Page 2302 (Chapter 443, SB 502)ê

 

      Under existing law, persons who desire to conduct business as sellers in this State must register pursuant to the Streamlined Sales and Use Tax Agreement or obtain permits from the Department of Taxation. (NRS 372.125 and 374.130) Sections 18-20 and 28-30 of this bill clarify that the statutory provisions applicable to an application for such a permit do not apply to the registration of a seller pursuant to the Agreement.

      Existing law creates a presumption that a sale is subject to sales and use taxes unless the seller obtains a certificate from the purchaser indicating that the property is purchased for resale. (NRS 372.155, 372.225, 374.160, 374.230) Sections 21-25 and 31-35 of this bill revise the statutory provisions governing resale certificates to combine some of the existing provisions for clarity and to carry out the requirements of the Streamlined Sales and Use Tax Agreement regarding the acceptance of resale certificates from certain third-party vendors, the contents of resale certificates and the liability of a seller for the improper use of a resale certificate by a purchaser.

      Existing law prohibits the Department of Taxation, in administering use taxes, from considering the taxability of certain property acquired free of charge at a convention, trade show or other public event. (NRS 372.7275, 374.726) Sections 27 and 37 of this bill ensure that existing law does not appear to create a threshold for the application of a sales or use tax, as prohibited by the Streamlined Sales and Use Tax Agreement.

      Existing law authorizes the adoption of an ordinance for the imposition of a sales and use tax in Clark County to employ and equip additional police officers. (Clark County Sales and Use Tax Act of 2005) Section 38 of this bill revises the requirements for such an ordinance in accordance with the provisions of the Streamlined Sales and Use Tax Agreement requiring a common state and local tax base and imposing restrictions on the date of implementation of changes in tax rates.

      Existing law includes various provisions of the Sales and Use Tax Act of 1955. (NRS 372.010-372.115, 372.185-372.205, 372.260-372.284, 372.285-372.325, 372.327-372.345, 372.350) Under existing law, the provisions of that Act, which was submitted to and approved by the voters at the 1956 General Election, cannot be amended or repealed without additional voter approval. (Nev. Const. Art. 19, § 1) Sections 39-47 of this bill provide for the submission to the voters of an amendment to that Act to authorize the Legislature to amend that Act without any additional voter approval as necessary to carry out any federal law or interstate agreement for the administration of sales and use taxes, unless the amendment would increase the rate of a tax imposed pursuant to that Act, and to repeal a section of that Act that was declared unconstitutional by the Nevada Supreme Court in Worldcorp v. State, Department of Taxation, 113 Nev. 1032 (1997).

      Section 49 of this bill repeals NRS 360B.270 in accordance with a recent amendment to the Streamlined Sales and Use Tax Agreement, NRS 372.160, 372.230, 374.165 and 374.235, the provisions of which have been incorporated into other statutes by sections 21, 24, 31 and 34 of this bill, NRS 372.728 and 374.728, which are obsolete, and, if the proposed amendment to the Sales and Use Tax Act of 1955 is approved by the voters, NRS 372.726, which provides for the administration of the section that was declared unconstitutional.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Person” includes a government, governmental agency or political subdivision of a government.

      Sec. 3.  The Department shall:

      1.  Review the software submitted for the certification of a certified automated system pursuant to the Agreement and, if the Department determines that the software adequately classifies each exemption from the sales and use taxes imposed in this State which is based upon the description of a product, certify its acceptance of the classifications made by the system.

 


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ê2007 Statutes of Nevada, Page 2303 (Chapter 443, SB 502)ê

 

determines that the software adequately classifies each exemption from the sales and use taxes imposed in this State which is based upon the description of a product, certify its acceptance of the classifications made by the system.

      2.  Except as otherwise provided in subsection 3:

      (a) If a certified service provider acting on behalf of a registered seller fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reliance on the certification of the Department pursuant to subsection 1 regarding the certified automated system used by that certified service provider, waive any liability of the certified service provider, and of the registered seller on whose behalf the certified service provider is acting, for:

             (1) The amount of the sales or use tax which the certified service provider fails to collect as a result of that reliance; and

             (2) Any penalties and interest on that amount.

      (b) If a registered seller who elects to use a certified automated system pursuant to subsection 3 of NRS 360B.200 fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reliance on the certification of the Department pursuant to subsection 1 regarding the certified automated system used by that registered seller, waive any liability of the registered seller for:

             (1) The amount of the sales or use tax which the registered seller fails to collect as a result of that reliance; and

             (2) Any penalties and interest on that amount.

      3.  Notify a certified service provider or a registered seller who elects to use a certified automated system pursuant to subsection 3 of NRS 360B.200 if the Department determines that the taxability of any item or transaction is being incorrectly classified by the certified automated system used by the certified service provider or registered seller. The provisions of subsection 2 do not require the waiver of any liability for the incorrect classification of an item or transaction regarding which notice was provided to the certified service provider or registered seller pursuant to this subsection if the incorrect classification occurs more than 10 days after the receipt of that notice.

      Sec. 4.  NRS 360B.030 is hereby amended to read as follows:

      360B.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 360B.040 to 360B.100, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 360B.050 is hereby amended to read as follows:

      360B.050  “Certified automated system” means software certified [jointly by the states that are signatories] pursuant to the Agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state and maintain a record of the transaction.

      Sec. 6.  NRS 360B.060 is hereby amended to read as follows:

      360B.060  “Certified service provider” means an agent certified [jointly by the states that are signatories] pursuant to the Agreement to perform all of a seller’s sales and use tax functions [.] , other than the seller’s obligation to remit the taxes on its own purchases.

      Sec. 7.  NRS 360B.090 is hereby amended to read as follows:

      360B.090  “State” means any state of the United States , [and] the District of Columbia [.] and the Commonwealth of Puerto Rico.

 


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ê2007 Statutes of Nevada, Page 2304 (Chapter 443, SB 502)ê

 

      Sec. 8.  NRS 360B.110 is hereby amended to read as follows:

      360B.110  The Nevada Tax Commission shall:

      1.  Except as otherwise provided in NRS 360B.120, enter into the Agreement.

      2.  Act jointly with other states that are members of the Agreement to establish standards for:

      (a) Certification of a certified service provider;

      (b) A certified automated system; and

      (c) Performance of multistate sellers . [; and

      (d) An address-based system for determining the applicable sales and use taxes.]

      3.  Take all other actions reasonably required to implement the provisions of this chapter and the provisions of the Agreement, including, without limitation, the:

      (a) Adoption of regulations to carry out the provisions of this chapter and the provisions of the Agreement; and

      (b) Procurement, jointly with other member states, of goods and services.

      4.  Represent, or have its designee represent, the State of Nevada before the other states that are signatories to the Agreement.

      5.  Designate not more than four delegates, who may be members of the Commission, to represent the State of Nevada for the purposes of reviewing or amending the Agreement.

      Sec. 9.  NRS 360B.200 is hereby amended to read as follows:

      360B.200  1.  The Department shall, in cooperation with any other states that are members of the Agreement, establish and maintain a central, electronic registration system that allows a seller to register to collect and remit the sales and use taxes imposed in this State and in the other states that are members of the Agreement.

      2.  A seller who registers pursuant to this section agrees to collect and remit sales and use taxes in accordance with the provisions of this chapter, the regulations of the Department and the applicable law of each state that is a member of the Agreement, including any state that becomes a member of the Agreement after the registration of the seller pursuant to this section. The cancellation or revocation of the registration of a seller pursuant to this section, the withdrawal of a state from the Agreement or the revocation of the Agreement does not relieve a seller from liability pursuant to this subsection to remit any taxes previously or subsequently collected on behalf of a state.

      3.  When registering pursuant to this section, a seller may:

      (a) Elect to use a certified service provider as its agent to perform all the functions of the seller relating to sales and use taxes, other than the obligation of the seller to remit the taxes on its own purchases;

      (b) Elect to use a certified automated system to calculate the amount of sales or use taxes due on its sales transactions;

      (c) Under such conditions as the Department deems appropriate in accordance with the Agreement, elect to use its own proprietary automated system to calculate the amount of sales or use taxes due on its sales transactions; or

      (d) Elect to use any other method authorized by the Department for performing the functions of the seller relating to sales and use taxes.

 


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ê2007 Statutes of Nevada, Page 2305 (Chapter 443, SB 502)ê

 

      4.  A seller who registers pursuant to this section agrees to submit its sales and use tax returns, and to remit any sales and use taxes due, to the Department at such times and in such a manner and format as the Department prescribes by regulation. Those regulations must:

      (a) Require from each seller who registers pursuant to this section:

             (1) Only one tax return for each taxing period for all the sales and use taxes collected on behalf of this State and each local government in this State; and

             (2) Only one remittance of taxes for each tax return, except that the Department may require additional remittances of taxes if [:

                   (I) The seller collects] the seller:

                   (I) Collects more than $30,000 in sales and use taxes on behalf of this State and the local governments in this State during the preceding calendar year;

                   (II) [The] Is allowed to determine the amount of [the] any additional remittance [is determined] by a method of calculation instead of by the actual amount collected; and

                   (III) [The seller is] Is not required to file any tax returns in addition to those otherwise required in accordance with this subsection.

      (b) Allow any seller who registers pursuant to this section and makes an election pursuant to paragraph (a), (b) or (c) of subsection 3 to submit tax returns in a simplified format that does not include any more data fields than are permitted in accordance with the Agreement.

      (c) Allow any seller who registers pursuant to this section, does not maintain a place of business in this State and has not made an election pursuant to paragraph (a), (b) or (c) of subsection 3, to file tax returns at a frequency that does not exceed once per year unless the seller accumulates more than $1,000 in the collection of sales and use taxes on behalf of this State and the local governments in this State.

      (d) Provide an alternative method for a seller who registers pursuant to this section to make tax payments the same day as the seller intends if an electronic transfer of money fails.

      (e) Require any data that accompanies the remittance of a tax payment by or on behalf of a seller who registers pursuant to this section to be formatted using uniform codes for the type of tax and payment in accordance with the Agreement.

      5.  The registration of a seller and the collection and remission of sales and use taxes pursuant to this section may not be considered as a factor in determining whether a seller has a nexus with this State for the purposes of determining his liability to pay any tax imposed by this State.

      Sec. 10.  NRS 360B.230 is hereby amended to read as follows:

      360B.230  1.  The Department shall post on a website or other Internet site that is operated or administered by or on behalf of the Department [:] , in any format which may be required by the Agreement:

      (a) The rates of sales and use taxes for this State and for each local government and Indian reservation or Indian colony in this State that imposes such taxes. [The Department shall identify this State and each local government using the Federal Information Processing Standards developed by the National Institute of Standards and Technology.]

      (b) Any change in those rates.

 


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ê2007 Statutes of Nevada, Page 2306 (Chapter 443, SB 502)ê

 

      (c) Any amendments to the statutory provisions and administrative regulations of this State governing the registration of sellers and the collection of sales and use taxes.

      (d) Any change in the boundaries of local governments in this State that impose sales and use taxes.

      (e) The list maintained pursuant to NRS 360B.240.

      (f) A matrix for determining the taxability of products in this State and any change in the taxability of a product listed in that matrix.

      (g) Any other information the Department deems appropriate.

      2.  The Department shall make a reasonable effort to provide sellers with as much advance notice as possible of any changes or amendments required to be posted pursuant to subsection 1 and of any other changes in the information posted pursuant to subsection 1. Except as otherwise provided in NRS 360B.250, the failure of the Department to provide such notice and the failure of a seller to receive such notice does not affect the obligation of the seller to collect and remit any applicable sales and use taxes.

      Sec. 11.  NRS 360B.240 is hereby amended to read as follows:

      360B.240  1.  The Department shall maintain a list that denotes for each five-digit and nine-digit zip code in this State the combined rates of sales taxes and the combined rates of use taxes imposed in the area of that zip code, and the applicable taxing jurisdictions [.] , including, without limitation, any pertinent Indian reservation or Indian colony. If the combined rate of all the sales taxes or use taxes respectively imposed within the area of a zip code is not the same for the entire area of the zip code, the Department shall denote in the list the lowest combined tax rates for the entire zip code.

      2.  If a street address does not have a nine-digit zip code or if a registered seller or certified service provider is unable to determine the nine-digit zip code [of a purchaser] applicable to a purchase after exercising due diligence to determine that information, that seller or certified service provider may, except as otherwise provided in subsection 3, apply the rate denoted for the five-digit zip code in the list maintained pursuant to this section. For the purposes of this subsection, there is a rebuttable presumption that a registered seller or certified service provider has exercised due diligence if the seller or certified service provider has attempted to determine the nine-digit zip code [of a purchaser] applicable to a purchase by using software approved by the Department which makes that determination from the street address and five-digit zip code [of the purchaser.] applicable to the purchase.

      3.  The list maintained pursuant to this section does not apply to and must not be used for any transaction regarding which a purchased product is received by the purchaser at the business location of the seller.

      Sec. 12.  NRS 360B.250 is hereby amended to read as follows:

      360B.250  The Department shall [waive any liability of] :

      1.  If a registered seller [and a certified service provider acting on behalf of a registered seller who,] fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reasonable reliance on the information posted pursuant to NRS 360B.230 or his compliance with subsection 2 of NRS 360B.240, [collects the incorrect amount of any sales or use tax imposed in this State,] waive any liability of the registered seller for:

 


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ê2007 Statutes of Nevada, Page 2307 (Chapter 443, SB 502)ê

 

      [1.] (a) The amount of the sales or use tax which the registered seller [and certified service provider fail] fails to collect as a result of that reliance; and

      [2.] (b) Any penalties and interest on that amount.

      2.  If a certified service provider acting on behalf of a registered seller fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reasonable reliance on the information posted pursuant to NRS 360B.230 or his compliance with subsection 2 of NRS 360B.240, waive any liability of the certified service provider, and of the registered seller on whose behalf the certified service provider is acting, for:

      (a) The amount of the sales or use tax which the certified service provider fails to collect as a result of that reliance; and

      (b) Any penalties and interest on that amount.

      3.  Waive any liability of a purchaser for any sum for which the liability of a registered seller or certified service provider is required to be waived pursuant to subsection 1 or 2 with regard to a transaction involving that purchaser.

      4.  If a purchaser fails to pay the correct amount of any sales or use tax imposed in this State as a result of his reasonable reliance on the information posted pursuant to NRS 360B.230, waive any liability of the purchaser for:

      (a) The amount of the sales or use tax which the purchaser fails to pay as a result of that reliance; and

      (b) Any penalties and interest on that amount.

      Sec. 13.  NRS 360B.260 is hereby amended to read as follows:

      360B.260  1.  A purchaser may purchase tangible personal property without paying to the seller at the time of purchase the sales and use taxes that are due thereon if:

      (a) The seller does not maintain a place of business in this State; and

      (b) The purchaser has obtained a direct pay permit pursuant to the provisions of this section.

      2.  A purchaser who wishes to obtain a direct pay permit must file with the Department an application for such a permit that:

      (a) Is on a form prescribed by the Department; and

      (b) Sets forth such information as is required by the Department.

      3.  The application must be signed by:

      (a) The owner if he is a natural person;

      (b) A member or partner if the seller is an association or partnership; or

      (c) An executive officer or some other person specifically authorized to sign the application if the seller is a corporation. Written evidence of the signer’s authority must be attached to the application.

      4.  Any purchaser who obtains a direct pay permit pursuant to this section shall:

      (a) Determine the amount of sales and use taxes that are due and payable to this State , [or] a local government of this State or an Indian reservation or Indian colony in this State upon the purchase of tangible personal property from such a seller; and

      (b) Report and pay those taxes to the appropriate authority.

      [5.  If a purchaser who has obtained a direct pay permit purchases tangible personal property that will be available for use digitally or electronically in more than one jurisdiction, he may, to determine the amount of tax that is due to this State or to a local government of this State, use any reasonable, consistent and uniform method to apportion the use of the property among the various jurisdictions in which it will be used that is supported by the purchaser’s business records as they exist at the time of the consummation of the sale.]

 


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ê2007 Statutes of Nevada, Page 2308 (Chapter 443, SB 502)ê

 

of tax that is due to this State or to a local government of this State, use any reasonable, consistent and uniform method to apportion the use of the property among the various jurisdictions in which it will be used that is supported by the purchaser’s business records as they exist at the time of the consummation of the sale.]

      Sec. 14.  NRS 360B.290 is hereby amended to read as follows:

      360B.290  Any invoice, billing or other document given to a purchaser that indicates the sales price for which tangible personal property is sold must state separately any amount received by the seller for:

      1.  Any installation charges for the property;

      2.  [The value of any exempt property given to the purchaser if the exempt property and any taxable property are sold as a single product or piece of merchandise;

      3.]  Any credit for any trade-in which is specifically exempted from the sales price of the property pursuant to chapter 372 or 374 of NRS;

      [4.] 3.  Any interest, financing and carrying charges from credit extended on the sale; and

      [5.] 4.  Any taxes legally imposed directly on the consumer.

      Sec. 15.  NRS 360B.445 is hereby amended to read as follows:

      360B.445  “Food” and “food ingredients” means substances, whether in liquid, concentrated, solid, frozen, dried or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value, except alcoholic beverages , dietary supplements and tobacco.

      Sec. 16.  NRS 360B.460 is hereby amended to read as follows:

      360B.460  “Prepared food” means:

      1.  Food sold in a heated state or heated by the seller;

      2.  Two or more food ingredients mixed or combined by the seller for sale as a single item, unless the food ingredients:

      (a) Are only cut, repackaged or pasteurized by the seller; or

      (b) Contain any raw eggs, fish, meat or poultry, or other such raw animal foods [, for which] requiring cooking by the consumer [is] to prevent food-borne illnesses, as recommended pursuant to the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services; and

      3.  Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins or straws. For the purposes of this [paragraph,] subsection, “plates” does not include any containers or packaging used to transport food.

      Sec. 17.  NRS 360B.480 is hereby amended to read as follows:

      360B.480  1.  “Sales price” means the total amount of consideration, including cash, credit, property and services, for which personal property is sold, leased or rented, valued in money, whether received in money or otherwise, and without any deduction for:

      (a) The seller’s cost of the property sold;

      (b) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;

      (c) Any charges by the seller for any services necessary to complete the sale, including any delivery charges and excluding any installation charges which are stated separately pursuant to NRS 360B.290; and

 


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ê2007 Statutes of Nevada, Page 2309 (Chapter 443, SB 502)ê

 

      (d) Except as otherwise provided in subsection 2, any credit for any trade-in.

      2.  The term does not include:

      (a) Any installation charges which are stated separately pursuant to NRS 360B.290;

      (b) [The value of any exempt personal property given to the purchaser if:

             (1) The exempt property and any taxable property are sold as a single product or piece of merchandise; and

             (2) The value of the exempt property is stated separately pursuant to NRS 360B.290;

      (c)] Any credit for any trade-in which is:

             (1) Specifically exempted from the sales price pursuant to chapter 372 or 374 of NRS; and

             (2) Stated separately pursuant to NRS 360B.290;

      [(d)] (c) Any discounts, including those in the form of cash, term or coupons that are not reimbursed by a third party, which are allowed by a seller and taken by the purchaser on a sale;

      [(e)] (d) Any interest, financing and carrying charges from credit extended on the sale of personal property, if stated separately pursuant to NRS 360B.290; and

      [(f)] (e) Any taxes legally imposed directly on the consumer which are stated separately pursuant to NRS 360B.290.

      3.  The term includes consideration received by a seller from a third party if:

      (a) The seller actually receives consideration from a person other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;

      (b) The seller has an obligation to pass the price reduction or discount through to the purchaser;

      (c) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and

      (d) Any of the following criteria is satisfied:

             (1) The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount, and the coupon, certificate or other documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or other documentation is presented.

             (2) The purchaser identifies himself to the seller as a member of a group or organization entitled to a price reduction or discount. For the purposes of this subparagraph, a preferred customer card that is available to any patron does not constitute membership in such a group.

             (3) The price reduction or discount is identified as a third-party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.

      Sec. 18.  NRS 372.125 is hereby amended to read as follows:

      372.125  1.  Every person desiring to engage in or conduct business as a seller within this State must [register] :

      (a) Register with the Department pursuant to NRS 360B.200 ; or [file]

      (b) File with the Department an application for a permit for each place of business.

 


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ê2007 Statutes of Nevada, Page 2310 (Chapter 443, SB 502)ê

 

      2.  Every application for a permit must:

      (a) Be made upon a form prescribed by the Department.

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business.

      (c) Set forth any other information which the Department may require.

      [3.  The application must be]

      (d) Be signed by:

      [(a)] (1) The owner if he is a natural person;

      [(b)] (2) A member or partner if the seller is an association or partnership; or

      [(c)] (3) An executive officer or some person specifically authorized to sign the application if the seller is a corporation. Written evidence of the signer’s authority must be attached to the application.

      Sec. 19.  NRS 372.130 is hereby amended to read as follows:

      372.130  At the time of making an application [,] for a permit pursuant to NRS 372.125, the applicant must pay to the Department a [permit] fee of $5 for each permit.

      Sec. 20.  NRS 372.135 is hereby amended to read as follows:

      372.135  1.  Except as otherwise provided in NRS 360.205 and 372.145, after compliance with NRS 372.125, 372.130 and 372.510 by [the applicant,] an applicant for a permit, the Department shall:

      (a) Grant and issue to [each] the applicant a separate permit for each place of business within the State.

      (b) Provide the applicant with a full, written explanation of the liability of the applicant for the collection and payment of the taxes imposed by this chapter. The explanation required by this paragraph:

             (1) Must include the procedures for the collection and payment of the taxes that are specifically applicable to the type of business conducted by the applicant, including, without limitation and when appropriate:

                   (I) An explanation of the circumstances under which a service provided by the applicant is taxable;

                   (II) The procedures for administering exemptions; and

                   (III) The circumstances under which charges for freight are taxable.

             (2) Is in addition to, and not in lieu of, the instructions and information required to be provided by NRS 360.2925.

      2.  A permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated on it. It must at all times be conspicuously displayed at the place for which it is issued.

      Sec. 21.  NRS 372.155 is hereby amended to read as follows:

      372.155  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax , it is presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes in good faith from the purchaser a certificate to the effect that the property is purchased for resale [.] and the purchaser:

      (a) Is engaged in the business of selling tangible personal property;

      (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 372.135; and

 


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ê2007 Statutes of Nevada, Page 2311 (Chapter 443, SB 502)ê

 

      (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

      2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the sale is not a sale at retail if:

      (a) The third-party vendor:

             (1) Takes in good faith from his customer a certificate to the effect that the property is purchased for resale; or

             (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

      (b) His customer:

             (1) Is engaged in the business of selling tangible personal property; and

             (2) Is selling the property in the regular course of business.

      Sec. 22.  NRS 372.165 is hereby amended to read as follows:

      372.165  [1.]  A resale certificate must:

      [(a) Be signed by and bear the name and address of the purchaser.

      (b) Indicate that the purchaser is registered pursuant to NRS 360B.200 or contain the number of the permit issued to the purchaser pursuant to NRS 372.135.

      (c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.

      2.  The certificate must be]

      1.  Be substantially in such form and include such information as the Department may prescribe [.] ; and

      2.  Unless submitted in electronic form, be signed by the purchaser.

      Sec. 23.  NRS 372.170 is hereby amended to read as follows:

      372.170  1.  If a purchaser who gives a resale certificate makes any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business [, the] :

      (a) The use is taxable to the purchaser as of the time the property is first so used by him, and the sales price of the property to him is the measure of the tax. [Only when there is an unsatisfied use tax liability on this basis is the seller liable for sales tax with respect to the sale of the property to the purchaser.] If the sole use of the property other than retention, demonstration or display in the regular course of business is the rental of the property while holding it for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged rather than the sales price of the property to him.

      (b) The seller is liable for the sales tax with respect to the sale of the property to the purchaser only if:

             (1) There is an unsatisfied use tax liability pursuant to paragraph (a); and

             (2) The seller fraudulently failed to collect the tax or solicited the purchaser to provide the resale certificate unlawfully.

      2.  As used in this section, “seller” includes a certified service provider, as that term is defined in NRS 360B.060, acting on behalf of a seller who is registered pursuant to NRS 360B.200.

      Sec. 24.  NRS 372.225 is hereby amended to read as follows:

      372.225  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property sold by any person for delivery in this State is sold for storage, use or other consumption in this State until the contrary is established.

 


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ê2007 Statutes of Nevada, Page 2312 (Chapter 443, SB 502)ê

 

tax, it is presumed that tangible personal property sold by any person for delivery in this State is sold for storage, use or other consumption in this State until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless he takes in good faith from the purchaser a certificate to the effect that the property is purchased for resale [.] and the purchaser:

      (a) Is engaged in the business of selling tangible personal property;

      (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 372.135; and

      (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

      2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the property is sold for storage, use or other consumption in this State if:

      (a) The third-party vendor:

             (1) Takes in good faith from his customer a certificate to the effect that the property is purchased for resale; or

             (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

      (b) His customer:

             (1) Is engaged in the business of selling tangible personal property; and

             (2) Is selling the property in the regular course of business.

      Sec. 25.  NRS 372.235 is hereby amended to read as follows:

      372.235  [1.]  A resale certificate must:

      [(a) Be signed and bear the name and address of the purchaser.

      (b) Indicate that the purchaser is registered pursuant to NRS 360B.200 or contain the number of the permit issued to the purchaser pursuant to NRS 372.135.

      (c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.

      2.  The certificate must be]

      1.  Be substantially in such form and include such information as the Department may prescribe [.] ; and

      2.  Unless submitted in electronic form, be signed by the purchaser.

      Sec. 26.  NRS 372.347 is hereby amended to read as follows:

      372.347  1.  If a purchaser wishes to claim an exemption from the taxes imposed by this chapter, the retailer shall obtain such identifying information from the purchaser at the time of sale as is required by the Department.

      2.  The Department shall, to the extent feasible, establish an electronic system for submitting a request for an exemption. A purchaser is not required to provide a signature to claim an exemption if the request is submitted electronically.

      3.  The Department may establish a system whereby a purchaser who is exempt from the payment of the taxes imposed by this chapter is issued an identification number that can be presented to the retailer at the time of sale.

      4.  A retailer shall maintain such records of exempt transactions as are required by the Department [.] and provide those records to the Department upon request.

 


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ê2007 Statutes of Nevada, Page 2313 (Chapter 443, SB 502)ê

 

      5.  Except as otherwise provided in this subsection, a retailer who complies with the provisions of this section is not liable for the payment of any tax imposed by this chapter if the purchaser improperly claims an exemption. If the purchaser improperly claims an exemption, the purchaser is liable for the payment of the tax. The provisions of this subsection do not apply if the retailer fraudulently fails to collect the tax or solicits a purchaser to participate in an unlawful claim of an exemption.

      6.  As used in this section, “retailer” includes a certified service provider, as that term is defined in NRS 360B.060, acting on behalf of a retailer who is registered pursuant to NRS 360B.200.

      Sec. 27.  NRS 372.7275 is hereby amended to read as follows:

      372.7275  In its administration of the use tax imposed by NRS 372.185, the Department shall not consider the storage, use or other consumption in this State of tangible personal property which [is:

      1.  Worth $100 or less; and

      2.  Acquired] :

      1.  Does not have significant value; and

      2.  Is acquired free of charge at a convention, trade show or other public event.

      Sec. 28.  NRS 374.130 is hereby amended to read as follows:

      374.130  1.  Every person desiring to engage in or conduct business as a seller within a county [shall register] must:

      (a) Register with the Department pursuant to NRS 360B.200 ; or [file]

      (b) File with the Department an application for a permit for each place of business.

      2.  Every application for a permit must:

      (a) Be made upon a form prescribed by the Department.

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business.

      (c) Set forth such other information as the Department may require.

      [3.  The application must be]

      (d) Be signed by:

      [(a)] (1) The owner if he is a natural person;

      [(b)] (2) A member or partner if the seller is an association or partnership; or

      [(c)] (3) An executive officer or some person specifically authorized to sign the application if the seller is a corporation. Written evidence of the signer’s authority must be attached to the application.

      Sec. 29.  NRS 374.135 is hereby amended to read as follows:

      374.135  At the time of making an application [,] for a permit pursuant to NRS 374.130, the applicant shall pay to the Department a [permit] fee of $5 for each permit.

      Sec. 30.  NRS 374.140 is hereby amended to read as follows:

      374.140  1.  Except as otherwise provided in NRS 360.205 and 374.150, after compliance with NRS 374.130, 374.135 and 374.515 by [the applicant,] an applicant for a permit, the Department shall:

      (a) Grant and issue to [each] the applicant a separate permit for each place of business within the county.

      (b) Provide the applicant with a full, written explanation of the liability of the applicant for the collection and payment of the taxes imposed by this chapter. The explanation required by this paragraph:

 


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ê2007 Statutes of Nevada, Page 2314 (Chapter 443, SB 502)ê

 

             (1) Must include the procedures for the collection and payment of the taxes that are specifically applicable to the type of business conducted by the applicant, including, without limitation and when appropriate:

                   (I) An explanation of the circumstances under which a service provided by the applicant is taxable;

                   (II) The procedures for administering exemptions; and

                   (III) The circumstances under which charges for freight are taxable.

             (2) Is in addition to, and not in lieu of, the instructions and information required to be provided by NRS 360.2925.

      2.  A permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. A permit must at all times be conspicuously displayed at the place for which it is issued.

      Sec. 31.  NRS 374.160 is hereby amended to read as follows:

      374.160  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax it [shall be] is presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes in good faith from the purchaser a certificate to the effect that the property is purchased for resale [.] and the purchaser:

      (a) Is engaged in the business of selling tangible personal property;

      (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 374.140; and

      (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

      2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the sale is not a sale at retail if:

      (a) The third-party vendor:

             (1) Takes in good faith from his customer a certificate to the effect that the property is purchased for resale; or

             (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

      (b) His customer:

             (1) Is engaged in the business of selling tangible personal property; and

             (2) Is selling the property in the regular course of business.

      Sec. 32.  NRS 374.170 is hereby amended to read as follows:

      374.170  [1.]  A resale certificate must:

      [(a) Be signed by and bear the name and address of the purchaser.

      (b) Indicate that the purchaser is registered pursuant to NRS 360B.200 or contain the number of the permit issued to the purchaser pursuant to NRS 374.140.

      (c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.

      2.  The certificate must be]

      1.  Be substantially in such form and include such information as the Department may prescribe [.] ; and

      2.  Unless submitted in electronic form, be signed by the purchaser.

 


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ê2007 Statutes of Nevada, Page 2315 (Chapter 443, SB 502)ê

 

      Sec. 33.  NRS 374.175 is hereby amended to read as follows:

      374.175  1.  If a purchaser who gives a resale certificate makes any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business [, the use shall be] :

      (a) The use is taxable to the purchaser as of the time the property is first so used by him, and the sales price of the property to him [shall be deemed] is the measure of the tax. [Only when there is an unsatisfied use tax liability on this basis shall the seller be liable for sales tax with respect to the sale of the property to the purchaser.] If the sole use of the property other than retention, demonstration or display in the regular course of business is the rental of the property while holding it for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged rather than the sales price of the property to him.

      (b) The seller is liable for the sales tax with respect to the sale of the property to the purchaser only if:

             (1) There is an unsatisfied use tax liability pursuant to paragraph (a); and

             (2) The seller fraudulently failed to collect the tax or solicited the purchaser to provide the resale certificate unlawfully.

      2.  As used in this section, “seller” includes a certified service provider, as that term is defined in NRS 360B.060, acting on behalf of a seller who is registered pursuant to NRS 360B.200.

      Sec. 34.  NRS 374.230 is hereby amended to read as follows:

      374.230  1.  For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it [shall be] is presumed that tangible personal property sold by any person for delivery in a county is sold for storage, use or other consumption in the county until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless he takes in good faith from the purchaser a certificate to the effect that the property is purchased for resale [.] and the purchaser:

      (a) Is engaged in the business of selling tangible personal property;

      (b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 374.140; and

      (c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

      2.  If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the property is sold for storage, use or other consumption in this State if:

      (a) The third-party vendor:

             (1) Takes in good faith from his customer a certificate to the effect that the property is purchased for resale; or

            (2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and

      (b) His customer:

             (1) Is engaged in the business of selling tangible personal property; and

             (2) Is selling the property in the regular course of business.

      Sec. 35.  NRS 374.240 is hereby amended to read as follows:

      374.240  [1.]  A resale certificate must:

      [(a) Be signed and bear the name and address of the purchaser.

 


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ê2007 Statutes of Nevada, Page 2316 (Chapter 443, SB 502)ê

 

      (b) Indicate that the purchaser is registered pursuant to NRS 360B.200 or contain the number of the permit issued to the purchaser pursuant to NRS 374.140.

      (c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.

      2.  The certificate must be]

      1.  Be substantially in such form and include such information as the Department may prescribe [.] ; and

      2.  Unless submitted in electronic form, be signed by the purchaser.

      Sec. 36.  NRS 374.352 is hereby amended to read as follows:

      374.352  1.  If a purchaser wishes to claim an exemption from the taxes imposed by this chapter, the retailer shall obtain such identifying information from the purchaser at the time of sale as is required by the Department.

      2.  The Department shall, to the extent feasible, establish an electronic system for submitting a request for an exemption. A purchaser is not required to provide a signature to claim an exemption if the request is submitted electronically.

      3.  The Department may establish a system whereby a purchaser who is exempt from the payment of the taxes imposed by this chapter is issued an identification number that can be presented to the retailer at the time of sale.

      4.  A retailer shall maintain such records of exempt transactions as are required by the Department [.] and provide those records to the Department upon request.

      5.  Except as otherwise provided in this subsection, a retailer who complies with the provisions of this section is not liable for the payment of any tax imposed by this chapter if the purchaser improperly claims an exemption. If the purchaser improperly claims an exemption, the purchaser is liable for the payment of the tax. The provisions of this subsection do not apply if the retailer fraudulently fails to collect the tax or solicits a purchaser to participate in an unlawful claim of an exemption.

      6.  As used in this section, “retailer” includes a certified service provider, as that term is defined in NRS 360B.060, acting on behalf of a retailer who is registered pursuant to NRS 360B.200.

      Sec. 37.  NRS 374.726 is hereby amended to read as follows:

      374.726  In its administration of the use tax imposed by NRS 374.190, the Department shall not consider the storage, use or other consumption in a county of tangible personal property which [is:

      1.  Worth $100 or less; and

      2.  Acquired] :

      1.  Does not have significant value; and

      2.  Is acquired free of charge at a convention, trade show or other public event.

      Sec. 38.  Section 10 of the Clark County Sales and Use Tax Act of 2005, being chapter 249, Statutes of Nevada 2005, at page 914, is hereby amended to read as follows:

      Sec. 10.  An ordinance enacted pursuant to this act must include provisions in substance as follows:

      1.  A provision imposing a tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail or stored, used or otherwise consumed in the County, including incorporated cities in the County, at a rate of:

 


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ê2007 Statutes of Nevada, Page 2317 (Chapter 443, SB 502)ê

 

      (a) One-quarter of 1 percent if the date on which the tax must first be imposed is on October 1, 2005; and

      (b) Up to an additional one-quarter of 1 percent if the date on which the increased rate must first be imposed is on or after October 1, 2009, and if the Legislature first approves the increased rate,

Ê the total rate not to exceed one-half of 1 percent.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that an amendment to chapter 374 of NRS enacted after the effective date of the ordinance, not inconsistent with this act, automatically becomes part of the ordinance imposing the tax.

      4.  A provision that the Board shall contract with the Department, before the effective date of the ordinance, to perform all the functions incident to the administration or operation of the tax in the County.

      5.  A provision that [exempts from the tax the gross receipts from] a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in the County, including incorporated cities in the County, of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property:

      (a) That was entered into on or before the effective date of the tax; or

      (b) For which a binding bid was submitted before that date if the bid was afterward accepted, and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.

      6.  A provision that specifies the date on which the tax must first be imposed [,] or on which any change in the rate of tax becomes effective, which must [not be earlier than] be the first day of the [second calendar month following] first calendar quarter that begins at least 120 days after the effective date of the ordinance.

      Sec. 39.  The Legislature hereby finds and declares that:

      1.  There has been a rapid increase during recent years in the conduct of interstate commerce through telecommunication and electronic means.

      2.  Many of the merchants who transact these forms of interstate commerce have been discouraged by the substantial burdens of ascertaining and complying with the extremely diverse and detailed tax laws of each state from making the efforts necessary to collect sales and use taxes on behalf of the states in which they do not maintain a place of business.

      3.  As a result of the proliferation of these forms of interstate commerce and federal restrictions on the ability of each state to collect sales and use taxes from merchants who do not maintain a place of business in that state, the people of this State are losing millions of dollars in state and local tax revenue.

 


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ê2007 Statutes of Nevada, Page 2318 (Chapter 443, SB 502)ê

 

      4.  The nonpayment of Nevada sales and use taxes by merchants in other states provides those merchants with an unfair competitive advantage over local merchants who lawfully pay the sales and use taxes due in this State.

      5.  As a result of the similarity of these circumstances in the various states, considerable efforts are being made to provide more uniformity, simplicity and fairness in the administration and collection of sales and use taxes in this country, including the introduction and consideration of Congressional legislation and the participation by Nevada and many other states in the Streamlined Sales and Use Tax Agreement.

      6.  Compliance with the Streamlined Sales and Use Tax Agreement and its amendments has and will continue to require amendments to the Nevada Sales and Use Tax Act, and it is anticipated that any Congressional legislation will also necessitate such amendments.

      7.  The Nevada Sales and Use Tax Act was approved by referendum at the General Election in 1956 and therefore, pursuant to Section 1 of Article 19 of the Constitution of the State of Nevada, may not be “amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people.”

      8.  Unlike the circumstances in other states where legislatures have the direct authority to amend sales and use tax laws in a timely manner, the period required for the legislative enactment and subsequent voter approval of any necessary amendments to the Nevada Sales and Use Tax Act has placed the ability of this State to comply with the Streamlined Sales and Use Tax Agreement and any Congressional legislation in serious jeopardy.

      9.  It would be beneficial to the public welfare for the people of this State by direct vote to authorize the Legislature to enact without any additional voter approval such amendments to the Nevada Sales and Use Tax Act as it determines to be necessary to carry out any Congressional legislation or interstate agreements for the administration, collection or enforcement of sales and use taxes.

      Sec. 40.  At the General Election on November 4, 2008, a proposal must be submitted to the registered voters of this State to amend the Sales and Use Tax Act, which was enacted by the 47th Session of the Legislature of the State of Nevada and approved by the Governor in 1955, and subsequently approved by the people of this State at the General Election held on November 6, 1956.

      Sec. 41.  At the time and in the manner provided by law, the Secretary of State shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 42.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

      Notice is hereby given that at the General Election on November 4, 2008, a question will appear on the ballot for the adoption or rejection by the registered voters of the State of the following proposed act:

AN ACT to amend an Act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.” approved March 29, 1955, as amended.

 


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ê2007 Statutes of Nevada, Page 2319 (Chapter 443, SB 502)ê

 

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

 

      Section 1.  The above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 788, is hereby amended by adding thereto a new section to be designated as section 153.5, immediately following section 153.2, to read as follows:

      Sec. 153.5.  The people of the State of Nevada hereby authorize the Legislature to enact, without an additional direct vote of the people, legislation that amends, annuls, repeals, sets aside, suspends or otherwise makes inoperative any provision of this Act, being chapter 397, Statutes of Nevada 1955, at page 762, whenever the Legislature determines that such legislation is necessary to carry out any federal statute or regulation or interstate agreement providing for the administration, collection or enforcement of sales and use taxes, unless such legislation would increase the rate of any tax imposed pursuant to this Act.

      Sec. 2.  Section 61.5 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, as added by chapter 466, Statutes of Nevada 1985, at page 1441, is hereby repealed.

      Sec. 3.  This act becomes effective on January 1, 2009.

      Sec. 43.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

      Shall the Sales and Use Tax Act of 1955 be amended to repeal an exemption from the taxes imposed by this Act on the gross receipts from the sale of aircraft and major components of aircraft to scheduled air carriers based in this State, and to authorize the Legislature to amend or repeal any provision of this Act without an additional direct vote of the people whenever necessary to carry out any federal law or interstate agreement for the administration, collection or enforcement of sales and use taxes?

Yes ¨          No ¨

      Sec. 44.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

      The proposed amendment to the Sales and Use Tax Act of 1955 would repeal an exemption from the taxes imposed by this Act for the sale of aircraft and major components of aircraft to a scheduled air carrier which is based in Nevada, and would authorize the Legislature to enact legislation amending or repealing any provision of this Act without obtaining additional voter approval whenever that legislation is necessary to carry out any federal law or interstate agreement for the administration, collection or enforcement of sales and use taxes. The proposed amendment would not authorize any legislation that increases the rate of any tax imposed pursuant to this Act.

      Sec. 45.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 2009.

 


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ê2007 Statutes of Nevada, Page 2320 (Chapter 443, SB 502)ê

 

January 1, 2009. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.

      Sec. 46.  All general election laws not inconsistent with this act are applicable.

      Sec. 47.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the Secretary of State whether the proposed amendment was adopted by a majority of those registered voters.

      Sec. 48.  The amendatory provisions of section 38 of this act do not apply to any ordinance enacted before October 1, 2007.

      Sec. 49.  1.  NRS 360B.270, 372.160, 372.230, 372.728, 374.165, 374.235 and 374.728 are hereby repealed.

      2.  NRS 372.726 is hereby repealed.

      Sec. 50.  1.  This section and sections 1 to 48, inclusive, and subsection 1 of section 49 of this act become effective on October 1, 2007.

      2.  Subsection 2 of section 49 of this act becomes effective on January 1, 2009, only if the proposal submitted pursuant to sections 40 to 44, inclusive, of this act is approved by the voters at the general election on November 4, 2008.

________

 

CHAPTER 444, SB 497

Senate Bill No. 497–Committee on Government Affairs

 

CHAPTER 444

 

AN ACT relating to public facilities; authorizing the boards of county commissioners of certain larger counties to adopt procedures for the sale of the naming rights to a shooting range owned by the county; requiring boards of county commissioners that sell naming rights relating to a shooting range to create an enterprise fund for the shooting range; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, boards of county commissioners are authorized to acquire parcels of land for park, recreational, cultural and memorial purposes and to operate, maintain and improve parks and other recreational and cultural facilities and areas owned by the county. (NRS 244.300-244.3091) Section 2 of this bill authorizes a board of county commissioners in a county whose population is 400,000 or more (currently Clark County) to adopt by ordinance procedures for the sale of the naming rights to a shooting range owned by the county. Section 2 also requires a board of county commissioners that sells the naming rights relating to a shooting range to create an enterprise fund for proceeds from the shooting range and from the sale of the naming rights. Money in the fund may be used only to pay expenses directly related to the shooting range.

 


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ê2007 Statutes of Nevada, Page 2321 (Chapter 444, SB 497)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners in a county whose population is 400,000 or more may adopt, by ordinance, procedures for the sale of naming rights relating to a shooting range that is owned by the county, including, without limitation, the sale of naming rights to:

      (a) Buildings, improvements, facilities, features, fixtures and sites located within the boundaries of the shooting range; and

      (b) Activities, events and programs held at the shooting range.

      2.  If the board of county commissioners sells naming rights in accordance with the procedures adopted pursuant to subsection 1, the board shall create an enterprise fund exclusively for the proceeds of the sale of all such naming rights, for fees or charges for use of the shooting range and for any gifts, grants, donations, bequests, devises or money from any other source received for the shooting range. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. Money that remains in the fund at the end of a fiscal year does not revert to the county general fund and the balance in the fund must be carried forward to the next fiscal year. The money in the fund may only be used to pay for expenses directly related to the shooting range.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 2322ê

 

CHAPTER 445, AB 304

Assembly Bill No. 304–Committee on Commerce and Labor

 

CHAPTER 445

 

AN ACT relating to housing; authorizing a person who makes a payment toward the purchase of a manufactured home to bring an action to rescind a contract or recover damages under certain circumstances; revising the provisions relating to the review of rental agreements and other residency documents; revising the provisions relating to certain repairs to a manufactured home; making changes pertaining to rules and regulations of a manufactured home park; revising the provisions relating to meetings between a landlord and tenants under certain circumstances; requiring a landlord to pay certain costs associated with the conversion of a manufactured home park; increasing the amount of the limitation on the lien of a landlord; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law regulates manufactured home parks and various activities of landlords and tenants in those parks. (Chapter 118B of NRS) Section 3 of this bill provides that, if a person makes a payment toward the purchase of a manufactured home in reasonable reliance upon a prospectus or any other material written statement contained in promotional materials relating to the manufactured home, and if the prospectus or written statement is proven to be false or misleading, the person may bring an action to rescind a contract or to recover damages and reasonable attorney’s fees from the landlord or manufactured home dealer.

      Existing law establishes provisions relating to rental agreements and other residency documents. (NRS 118B.040) Section 5 of this bill removes the requirement that a landlord must allow a tenant to review such documents for 72 hours during which time a landlord is not prevented from accepting another tenant for the same residency. Instead, section 5 requires a landlord before requiring or accepting any application fee, to give a prospective tenant a copy of the rental agreement, a copy of the rules and regulations of the manufactured home park, any existing notices of the sale, closure or conversion of the manufactured home park, the criteria used in deciding whether to accept an applicant, the maintenance responsibilities of the landlord and any other residency documents.

      Existing law sets forth requirements relating to the repair of a manufactured home and prohibits a landlord from allowing a third party to make such repairs under certain circumstances. (NRS 118B.097) Section 7 of this bill replaces a prohibition on allowing a third party to make repairs that affect life, health or safety with a list of specific repairs that a landlord may not allow a third party to make. Section 7 also prohibits landlords from employing certain persons to make such repairs. Further, section 7 requires the Administrator of the Manufactured Housing Division of the Department of Business and Industry to adopt regulations to specify the repairs that a person without an applicable license may make to a manufactured home.

      Section 8 of this bill revises the provisions relating to a landlord’s adoption of rules and regulations concerning a manufactured home park and provides that a properly adopted or amended rule or regulation supersedes any inconsistent prior rule or regulation. (NRS 118B.100) Section 8 also requires a landlord to provide a copy of such rules and regulations to a tenant at the time the tenant enters into a rental agreement.

 


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ê2007 Statutes of Nevada, Page 2323 (Chapter 445, AB 304)ê

 

      Existing law establishes provisions relating to meetings between a landlord and representative groups of tenants to hear complaints and suggestions regarding a manufactured home park. (NRS 118B.110) Section 9 of this bill provides for a natural person designated by the owner to meet with tenants for such purposes. Section 9 also prohibits a manager from meeting with tenants for such purposes unless the manager, the landlord and the owner are all the same natural person.

      Existing law requires a landlord to pay to a tenant the costs of moving the tenant or the fair market value of a manufactured home under certain circumstances during the closing or conversion of a manufactured home park. (NRS 118B.130, 118B.177, 118B.180, 118B.183) Sections 10-13 of this bill require a landlord to pay costs associated with moving a tenant’s manufactured home to a new location in this State or another state that is within 100 miles from the manufactured home park and to pay various other costs for the tenant, including determining the fair market value of the manufactured home and the reasonable cost of removing and disposing of the manufactured home.

      Section 15 of this bill increases the limitation on the amount of a lien that a landlord may hold for the total amount due and unpaid for rentals and utilities from $2,000 to $2,500.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more manufactured homes, but is not a part of the manufactured home. The term includes, without limitation, skirting, ramps, cabanas, carports, porches, awnings, sheds and other structures, installations, facilities and amenities associated with or benefiting one or more manufactured homes.

      Sec. 3.  A person who makes a payment toward the purchase of a manufactured home or the placement of a manufactured home on a manufactured home lot in a manufactured home park in reasonable reliance upon any material written statement contained in promotional materials relating to the manufactured home or manufactured home park, including, without limitation:

      1.  A prospectus;

      2.  Exhibits produced in support of a prospectus;

      3.  A brochure; or

      4.  A newspaper advertisement,

Ê that proves to be false or misleading may bring an action in a court of competent jurisdiction to rescind any contract or agreement and may recover damages and reasonable attorney’s fees from the landlord or manufactured home dealer that issued the false or misleading material written statement.

      Sec. 4.  NRS 118B.010 is hereby amended to read as follows:

      118B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 118B.040 is hereby amended to read as follows:

      118B.040  1.  [An approved applicant for residency may request 72 hours to review the proposed rental agreement or lease, the rules and regulations of the manufactured home park and other residency documents. Upon receiving such a request, the landlord shall allow the approved applicant to review the documents for 72 hours.

 


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ê2007 Statutes of Nevada, Page 2324 (Chapter 445, AB 304)ê

 

applicant to review the documents for 72 hours. This review period does not, however, prevent the landlord from accepting another tenant for the space or residency while the 72 hours is pending.] Before requiring or accepting payment of any application fee, a landlord shall give to a prospective tenant who may rent or lease a manufactured home lot:

      (a) A copy of the rental agreement or lease;

      (b) A copy of the rules and regulations governing the manufactured home park;

      (c) Any notices of the sale, closure or conversion of the manufactured home park that must be provided to tenants pursuant to the provisions of this chapter;

      (d) The criteria used by the manufactured home park in deciding whether to accept an applicant;

      (e) A list of every increase in rent during the last 5 years for the manufactured home lot;

      (f) The maintenance responsibilities of the landlord pursuant to NRS 118B.090; and

      (g) Any other residency documents.

      2.  A rental agreement or lease between a landlord and tenant to rent or lease any manufactured home lot must be in writing. The landlord shall give the tenant a copy of the agreement or lease at the time the tenant signs it.

      3.  A rental agreement or lease must contain, but is not limited to, provisions relating to:

      (a) The duration of the agreement [.] or lease.

      (b) The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.

      (c) Restrictions on occupancy by children or pets.

      (d) Services and utilities included with the rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.

      (e) Deposits which may be required and the conditions for their refund.

      (f) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.

      (g) The name and address of the owner of the manufactured home park and his authorized agent.

      (h) Any restrictions on subletting.

      (i) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.

      (j) Any restriction of the park to older persons pursuant to federal law.

      (k) The dimensions of the manufactured home lot of the tenant.

      (l) A summary of the provisions of NRS 202.470.

      (m) Information regarding the procedure pursuant to which a tenant may report to the appropriate authorities:

             (1) A nuisance.

             (2) A violation of a building, safety or health code or regulation.

      (n) Information regarding the right of the tenant to engage in the display of the flag of the United States, as set forth in NRS 118B.143.

      (o) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the manufactured home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the manufactured home park.

 


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ê2007 Statutes of Nevada, Page 2325 (Chapter 445, AB 304)ê

 

      (p) Any other fees to be charged to the tenant in addition to the base rent.

      Sec. 6.  NRS 118B.085 is hereby amended to read as follows:

      118B.085  1.  A landlord shall notify the Division, in writing, of his correct name, address and telephone number. If the landlord has employed a manager or assistant manager, or both, he shall also notify the Division, in writing, of the name, address and telephone number of any such manager and assistant manager of his park. After the initial notification, the landlord shall also send notice of the information required pursuant to this subsection within 45 days after:

      (a) Buying the park ; [.]

      (b) Opening the park for occupancy ; [.]

      (c) Changing managers or assistant managers [.] ; or

      (d) Changing his name, address or telephone number.

      2.  Upon receiving the notice required by subsection 1, the Administrator shall send the landlord, manager and assistant manager, as applicable, the text of the provisions of this chapter and a form upon which the landlord, manager and assistant manager, as applicable, shall acknowledge that each has received those provisions and has read them. The landlord, manager and assistant manager, as applicable, shall return the acknowledged form to the Administrator within 10 days after receiving it.

      Sec. 7.  NRS 118B.097 is hereby amended to read as follows:

      118B.097  1.  If a repair to a manufactured home may affect [life, health or safety] the structural, electrical, plumbing, drainage, roofing, mechanical or solid fuel burning systems of the home, or requires a permit before the repair may be made, [and] the repair may be performed legally only by a person who is qualified by licensure [or certification] to perform such a repair [:] , and:

      [1.] (a) A person shall not perform the repair unless he has such qualifications; and

      [2.] (b) A tenant or a landlord, or his agent or employee, shall not [allow] employ a third party to perform the repair if he knows or, in light of all the surrounding facts and circumstances, reasonably should know that the third party does not have such qualifications.

      2.  The Administrator shall adopt regulations to specify the repairs that a person without an applicable license may make to a manufactured home in accordance with the provisions of this section and chapter 489 of NRS.

      Sec. 8.  NRS 118B.100 is hereby amended to read as follows:

      118B.100  1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the manufactured home lot and the grounds, areas and facilities of the manufactured home park held out for the use of tenants generally.

      2.  All such rules or regulations must be:

      (a) Reasonably related to the purpose for which they are adopted;

      (b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;

      (c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;

      (d) Consistent with the provisions of this chapter and a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and

 


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ê2007 Statutes of Nevada, Page 2326 (Chapter 445, AB 304)ê

 

specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and

      (e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.

      3.  No rule or regulation may be used to impose any additional charge for occupancy of a manufactured home lot or modify the terms of a rental agreement.

      4.  Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. The landlord may not adopt or amend a rule or regulation of the park unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposed adoption or amendment of the rule or regulation. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.

      5.  A rule or regulation pertaining to recreational facilities in the manufactured home park must be in writing to be enforceable.

      6.  A rule or regulation adopted or amended in compliance with the provisions of this section supersedes any previously existing rule or regulation that conflicts with the adopted or amended rule or regulation. Only one version of any rules and regulations or any architectural standards may be in effect at any given time.

      7.  The landlord shall provide the tenant with a copy of the existing rules and regulations at the time the tenant enters into the rental agreement.

      8.  As used in this section, “capital improvement” means an addition or betterment made to a manufactured home located on a lot in a manufactured home park which is leased by the landlord that:

      (a) Consists of more than the repair or replacement of an existing facility;

      (b) Is required by federal law to be amortized over its useful life for the purposes of income tax; and

      (c) Has a useful life of 5 years or more.

      Sec. 9.  NRS 118B.110 is hereby amended to read as follows:

      118B.110  1.  The landlord or a person designated pursuant to subsection 3 shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord or person designated pursuant to subsection 3 and to the tenants. The representative group of tenants must consist of no more than five persons.

 


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ê2007 Statutes of Nevada, Page 2327 (Chapter 445, AB 304)ê

 

      2.  At least 10 days before any meeting is held pursuant to this section, the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.

      3.  [If] Except as otherwise provided in subsection 4, if the landlord is [a:

      (a) Sole proprietorship, the owner or an authorized agent or representative designated by the owner who has working knowledge of the operations of the park and authority to make decisions shall meet with the tenants.

      (b) Partnership, a partner who has working knowledge of the operations of the park and authority to make decisions shall meet with the tenants.

      (c) Corporation, an officer designated by the corporation] not a natural person, the owner may designate an authorized agent or representative who has working knowledge of the operations of the park and who has authority to make decisions [shall meet with the tenants.] concerning matters relevant to the park to meet with the tenants pursuant to this subsection.

      4.  A manager may not meet with the tenants pursuant to this section unless the manager, the landlord and the owner are all the same natural person.

      5.  If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.

      [5.] 6.  If the landlord of a manufactured home park is a cooperative association or a corporation for public benefit, the landlord shall provide a notice of the meeting to the Administrator and the Administrator or his representative shall attend the meeting.

      [6.] 7.  As used in this section:

      (a) “Cooperative association” means an association formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.

      (b) “Corporation for public benefit” has the meaning ascribed to it in NRS 82.021.

      Sec. 10.  NRS 118B.130 is hereby amended to read as follows:

      118B.130  1.  A landlord may not change:

      (a) An existing park to a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are moved to other parks at the expense of the landlord; or

      (b) The restriction of a park for older persons pursuant to federal law unless the tenants are given the option of remaining in their spaces or moving to other parks at the expense of the landlord.

      2.  A tenant who elects to move pursuant to a provision of subsection 1 [must] shall give the landlord notice in writing of his election to move within 75 days after receiving notice of the change in restrictions in the park.

      3.  At the time of providing notice of the change in restrictions in the park, the landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.

 


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ê2007 Statutes of Nevada, Page 2328 (Chapter 445, AB 304)ê

 

      4.  If a landlord is required to move a tenant to another park pursuant to subsection 1, he shall pay:

      (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within [50] 100 miles from the manufactured home park; or

      (b) If the new location is more than [50] 100 miles from the manufactured home park, the cost of moving the manufactured home for the first [50] 100 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park.

      [3.] 5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 100 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      7.  A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:

      (a) Tenant of the park who does not meet the new restrictions [.] ; and

      (b) Prospective tenant before the commencement of the tenancy.

      8.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home pursuant to subsection 6.

      Sec. 11.  NRS 118B.177 is hereby amended to read as follows:

      118B.177  1.  If a landlord closes a manufactured home park, or if a landlord is forced to close a manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park permanently for health or safety reasons, the landlord shall pay the [amount described in subsection 2 or 3, in accordance with the choice of the tenant.] amounts required by subsections 3, 4 and 5.

      2.  At the time of providing notice of the closure of the park, a landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

 


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ê2007 Statutes of Nevada, Page 2329 (Chapter 445, AB 304)ê

 

      (c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.

      3.  If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:

      (a) The cost of moving each tenant’s manufactured home and its appurtenances to a new location in this State or another state within [50] 100 miles from the manufactured home park; or

      (b) If the new location is more than [50] 100 miles from the manufactured home park, the cost of moving the manufactured home for the first [50] 100 miles,

Ê including fees for inspection, any deposits for connecting utilities, and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.

      [3.] 4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      5.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged, or there is no manufactured home park within [50] 100 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home . [less the reasonable cost of removing and disposing of the manufactured home.

      4.] 6.  Written notice of any closure must be served timely on each:

      (a) Tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      (b) Prospective tenant by:

             (1) Handing each prospective tenant or his agent a copy of the written notice; and

             (2) Maintaining a copy of the written notice at the entrance of the manufactured home park.

      [5.] 7.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      [6.] 8.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home pursuant to subsection 5.

      9.  A landlord shall not increase the rent of a tenant after notice is served on the tenant as required by subsection [4.

      7.] 6.

      10.  As used in this section, “timely” means not later than 3 days after the landlord learns of a closure.

 


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ê2007 Statutes of Nevada, Page 2330 (Chapter 445, AB 304)ê

 

      Sec. 12.  NRS 118B.180 is hereby amended to read as follows:

      118B.180  1.  A landlord may convert an existing manufactured home park into individual manufactured home lots for sale to manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to the Division and each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord offers, in writing, to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 90 days or until the landlord receives a written rejection of the offer from the tenant, whichever occurs earlier;

      (c) The landlord does not sell the lot to a person other than the tenant for 90 days after the termination of the offer required pursuant to paragraph (b) at a price or on terms that are more favorable than the price or terms offered to the tenant;

      (d) If a tenant does not exercise his option to purchase the lot pursuant to paragraph (b), the landlord pays:

             (1) The cost of moving the tenant’s manufactured home and its appurtenances to a comparable location in this State or another state within [50] 100 miles from the manufactured home park; or

             (2) If the new location is more than [50] 100 miles from the manufactured home park, the cost of moving the manufactured home for the first [50] 100 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park; and

      (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      3.  At the time of providing notice of the conversion of the park pursuant to this section, a landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.

      4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

 


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ê2007 Statutes of Nevada, Page 2331 (Chapter 445, AB 304)ê

 

      5.  If a tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 100 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      6.  Notice sent pursuant to paragraph (a) of subsection 2 or an offer to sell a manufactured home lot to a tenant required pursuant to paragraph (b) of subsection 2 does not constitute notice of termination of the tenancy.

      [4.] 7.  Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.

      [5.] 8.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home pursuant to subsection 5.

      10.  The provisions of this section do not apply to a corporate cooperative park.

      Sec. 13.  NRS 118B.183 is hereby amended to read as follows:

      118B.183  1.  A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to the Division and each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord pays the [amount described in subsection 3 or 4, in accordance with the choice of the tenant;] amounts required by subsections 4, 5 and 6; and

      (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      3.  At the time of providing notice of the conversion of the park pursuant to this section, a landlord shall provide to each tenant:

 


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ê2007 Statutes of Nevada, Page 2332 (Chapter 445, AB 304)ê

 

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.

      4.  If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:

      (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within [50] 100 miles from the manufactured home park; or

      (b) If the new location is more than [50] 100 miles from the manufactured home park, the cost of moving the manufactured home for the first [50] 100 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park.

      [4.] 5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged, or there is no manufactured home park within [50] 100 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home . [less the reasonable cost of removing and disposing of the manufactured home.

      5.] 7.  A landlord shall not increase the rent of any tenant:

      (a) For 180 days before filing an application for a change in land use, permit or variance affecting the manufactured home park; or

      (b) At any time after filing an application for a change in land use, permit or variance affecting the manufactured home park unless:

             (1) The landlord withdraws the application or the appropriate local zoning board, planning commission or governing body denies the application; and

             (2) The landlord continues to operate the manufactured home park after the withdrawal or denial.

      [6.] 8.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      [7.] 9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home pursuant to subsection 6.

 


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ê2007 Statutes of Nevada, Page 2333 (Chapter 445, AB 304)ê

 

      10.  The provisions of this section do not apply to a corporate cooperative park.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  NRS 108.290 is hereby amended to read as follows:

      108.290  1.  If property that is the subject of a lien which is acquired as provided in NRS 108.270 to 108.360, inclusive, is the subject of a secured transaction in accordance with the laws of this State, the lien:

      (a) In the case of a lien acquired pursuant to NRS 108.315, is a first lien.

      (b) In the case of a lien on a motor vehicle for charges for towing, storing and any related administrative fees:

             (1) For the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $1,000, is a first lien.

                   (II) If the amount of the lien exceeds $1,000, is a second lien.

             (2) After the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $2,500, is a first lien.

                   (II) If the amount of the lien exceeds $2,500, is a second lien.

      (c) In all other cases, if the amount of the lien:

             (1) Does not exceed $1,000, is a first lien.

             (2) Exceeds $1,000, is a second lien.

      2.  The lien of a landlord may not exceed [$2,000] $2,500 or the total amount due and unpaid for rentals and utilities, whichever is [the lesser.] less.

      Sec. 16.  NRS 278.0209 is hereby amended to read as follows:

      278.0209  1.  In any ordinance relating to the zoning of land adopted or amended by a governing body, the definition of “single-family residence” must include factory-built housing that has been built in compliance with the standards for single-family residential dwellings of the Uniform Building Code most recently adopted by the International Conference of Building Officials.

      2.  An ordinance of the governing body may require factory-built housing to comply with standards for safety which exceed the standards prescribed in subsection 1 if a single-family residential dwelling on the same lot is also required to comply with those standards.

      3.  The governing body shall adopt the same standards for development for the factory-built housing and the lot on which it is placed as those to which a conventional single-family residential dwelling on the same lot would be subject, including, but not limited to:

      (a) Requirements for the setback of buildings.

      (b) Side and rear-yard requirements.

      (c) Standards for enclosures, access and the parking of vehicles.

      (d) Aesthetic requirements.

      (e) Requirements for minimum square footage.

      (f) Requirements for design, style and structure.

      4.  The governing body may prohibit the installation of factory-built housing in a specified area if:

      (a) More than [5] 6 years have elapsed between the date of manufacture of factory-built housing and the date of the application for the issuance of a permit to install factory-built housing in the affected area; or

      (b) The area contains a building, structure or other object having a special character or special historical interest or value.

      5.  As used in this section, “factory-built housing” has the meaning ascribed to it in NRS 461.080.

 


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ê2007 Statutes of Nevada, Page 2334 (Chapter 445, AB 304)ê

 

      6.  The provisions of this section do not abrogate a recorded restrictive covenant.

      Sec. 17.  NRS 278.02095 is hereby amended to read as follows:

      278.02095  1.  Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of “single-family residence” must include a manufactured home.

      2.  Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:

      (a) The manufactured home:

             (1) Be permanently affixed to a residential lot;

             (2) Be manufactured within the [5] 6 years immediately preceding the date on which it is affixed to the residential lot;

             (3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;

             (4) Consist of more than one section; and

             (5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

      (b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.

Ê The governing body of a local government in a county whose population is less than 40,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

      3.  Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.

      4.  Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the Manufactured Housing Division of the Department of Business and Industry. The Division shall provide proof of such a surrender to the owner who must submit that proof to the building department.

      5.  The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.

      6.  As used in this section:

      (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

 


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ê2007 Statutes of Nevada, Page 2335 (Chapter 445, AB 304)ê

 

      (b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.

      Secs. 18-21.  (Deleted by amendment.)

      Sec. 22.  The amendatory provisions of section 15 of this act do not apply to a lien that attaches before October 1, 2007.

________

 

CHAPTER 446, AB 182

Assembly Bill No. 182–Assemblymen McClain, Parks, Allen, Arberry, Atkinson, Bobzien, Claborn, Conklin, Denis, Gerhardt, Grady, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Marvel, Munford, Ohrenschall, Parnell, Pierce, Segerblom, Smith and Womack

 

CHAPTER 446

 

AN ACT relating to public health; authorizing the Department of Health and Human Services to administer certain programs to assist certain persons with costs relating to health care and pharmaceutical services; revising the percentages of and the manner of allocating money in the Fund for a Healthy Nevada for certain programs; revising provisions governing the subsidies from the Fund for the cost of prescription drugs, pharmaceutical services and certain other benefits; revising the membership and duties of the Grants Management Advisory Committee; repealing the Task Force for the Fund for a Healthy Nevada; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under federal law, states may provide subsidies, prescription drugs and other assistance to persons with the human immunodeficiency virus or acquired immunodeficiency syndrome. (42 U.S.C. §§ 300ff-21 et seq.) Section 1 of this bill authorizes the Department of Health and Human Services to participate in the federal program and to administer the program in conjunction with other programs already administered by the Department.

      Under existing law, the Task Force for the Fund for a Healthy Nevada makes allocations, or reserves for allocation or expenditure by the Department or the Aging Services Division of the Department, certain percentages of money in the Fund for a Healthy Nevada for certain programs and services. (NRS 439.630) Section 4 of this bill eliminates the role of the Task Force in making allocations of money from the Fund and requires the Department to make such allocations itself. Section 4 also revises the amount of money prescribed for programs that prevent, reduce or treat the use of tobacco, for programs that improve the health and well-being of persons with disabilities and to subsidize certain costs of providing prescription drugs and pharmaceutical services to persons with disabilities.

      Existing law establishes a program to provide subsidies for senior citizens and persons with disabilities for the cost of prescription drugs and pharmaceutical services and, for senior citizens, other benefits, including, without limitation, dental and vision benefits. (NRS 439.635-439.690, 439.705-439.795) Sections 4 and 5 of this bill specifically add, to the extent money is available, hearing aids and other hearing devices to the list of benefits available for both senior citizens and persons with disabilities pursuant to these programs. Sections 4 and 6 also make persons with disabilities eligible for the same additional benefits for which senior citizens are currently eligible under existing law, including, without limitation, dental and vision benefits.

 


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ê2007 Statutes of Nevada, Page 2336 (Chapter 446, AB 182)ê

 

disabilities eligible for the same additional benefits for which senior citizens are currently eligible under existing law, including, without limitation, dental and vision benefits. This bill also allows certain veterans to receive such benefits if they qualify as a senior citizen or person with a disability.

      The Grants Management Advisory Committee provides assistance to the Department in the allocation and administration of certain grants administered by the Department. (NRS 232.383, 232.385) Section 9 of this bill increases the membership of the Advisory Committee.

      Section 11 of this bill repeals the Task Force for the Fund for a Healthy Nevada.

 

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 a new section to read as follows:

      1.  The Department may, to the extent that money is available, administer a program pursuant to 42 U.S.C. §§ 300ff-21 et seq. to provide therapeutics to treat certain persons who have been diagnosed with the human immunodeficiency virus or acquired immunodeficiency syndrome and to prevent the serious deterioration of the health of such persons. The program may include the provision of subsidies and pharmaceutical services.

      2.  The Director shall:

      (a) Establish the criteria for eligibility for participation in the program administered pursuant to this section, which must be in accordance with the provisions of 42 U.S.C. §§ 300ff-21 et seq.; and

      (b) Prescribe the manner in which the program will be administered and services will be provided.

      3.  The Department may use any other program administered by the Department to facilitate the provision of subsidies and services pursuant to this section, including, without limitation, the provision of subsidies for pharmaceutical services to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. If the Department uses another program to facilitate the provision of subsidies and services pursuant to this section, the Department shall not commingle the money available to carry out the provisions of this section and the money available to carry out the other program.

      4.  Money available to carry out the provisions of this section must be accounted for separately by the Department.

      Sec. 2.  NRS 439.600 is hereby amended to read as follows:

      439.600  1.  The Legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:

      (a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and

      (b) To assist Nevada residents in obtaining and maintaining good health.

      2.  To further these priorities, the Legislature hereby declares that it is in the best interest of the residents of this State that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:

 


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ê2007 Statutes of Nevada, Page 2337 (Chapter 446, AB 182)ê

 

      (a) Increasing the number of Nevada residents who enroll in and attend a university, college or community college in the State of Nevada;

      (b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;

      (c) Expanding the availability of health insurance and health care for children and adults in this State, especially for children and for adults with disabilities;

      (d) Assisting senior citizens and persons with disabilities who have modest incomes in purchasing prescription drugs, pharmaceutical services and, to the extent money is available, other services, including, without limitation, dental and vision services , and hearing aids or other devices that enhance the ability to hear, and assisting those senior citizens and persons with disabilities in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and

      (e) Promoting the general health of all residents of the State of Nevada.

      Sec. 3.  NRS 439.620 is hereby amended to read as follows:

      439.620  1.  The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:

      (a) Fifty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

      (b) Fifty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

      2.  The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:

      (a) Shall maintain the financial records of the Fund;

      (b) Shall invest the money in the Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Fund;

      (d) Shall maintain any instruments that evidence investments made with the money in the Fund;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties necessary to administer the Fund.

      3.  The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

      4.  [Upon receiving a request from the] The State Treasurer or the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section . [, the Task Force for the Fund for a Healthy Nevada shall consider the request within 45 days after receipt of the request. If the Task Force approves the amount requested for allocation, the Task Force shall notify the State Treasurer of the allocation. If the Task Force does not approve the requested allocation within 45 days after receipt of the request, the State Treasurer or the Department, as applicable, may submit its request for allocation to the Interim Finance Committee.] Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund [, whether allocated by the Task Force or the Interim Finance Committee must not exceed:] must:

 


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ê2007 Statutes of Nevada, Page 2338 (Chapter 446, AB 182)ê

 

      (a) Not [more than] exceed 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and

      (b) Not [more than] exceed [2.025] 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS [439.625 and] 439.630 , [;

      (c) Not more than 1.5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department] to administer the provisions of NRS 439.635 to 439.690, inclusive [;] , and

      [(d) Not more than 0.125 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department to administer the provisions of] NRS 439.705 to 439.795, inclusive.

Ê For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

      5.  The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

      6.  All money that is deposited or paid into the Fund is hereby appropriated to the Department [and, except as otherwise provided in paragraphs (c) to (f), inclusive, and (j) of subsection 1 of NRS 439.630, may only be expended pursuant to an] for expenditure or allocation [made by the Task Force for the Fund for a Healthy Nevada.] in accordance with the provisions of NRS 439.630. Money expended from the Fund [for a Healthy Nevada] must not be used to supplant existing methods of funding that are available to public agencies.

      Sec. 4.  NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The [Task Force for the Fund for a Healthy Nevada] Department shall:

      (a) Conduct , or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

             (1) Promote public health;

             (2) Improve health services for children, senior citizens and persons with disabilities;

             (3) Reduce or prevent the use of tobacco;

             (4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

             (5) Offer other general or specific information on health care in this State.

      (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities [.] , and report the results of the evaluation to the Legislative Committee on Health Care on an annual basis.

 


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ê2007 Statutes of Nevada, Page 2339 (Chapter 446, AB 182)ê

 

      (c) [Reserve] Allocate not more than 30 percent of [all] available revenues [deposited in the Fund for a Healthy Nevada each year] for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money [reserved to the Department] allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the [Task Force for the Fund for a Healthy Nevada] Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, [the Task Force for the Fund for a Healthy Nevada and] the Interim Finance Committee , the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph . [and the status of the program.]

      (d) [Reserve] Allocate, by contract or grant, for expenditure not more than 30 percent [minus $350,000 of all] of available revenues [deposited in the Fund for a Healthy Nevada each year] for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

             (1) Respite care or relief of [family] informal caretakers;

             (2) Transportation to new or existing services to assist senior citizens in living independently; and

             (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging Services Division of the Department shall consider recommendations from the [Task Force for the Fund for a Healthy Nevada] Grants Management Advisory Committee concerning the independent living needs of senior citizens.

      (e) [Reserve not more than] Allocate $200,000 of all revenues deposited in the Fund [for a Healthy Nevada] each year for [allocation] direct expenditure by the Director to:

             (1) Provide guaranteed funding to finance assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147; and

             (2) Fund assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147 and assisted living supportive services that are provided pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.2708.

Ê The Director shall develop policies and procedures for [allocating money which is reserved] distributing the money allocated pursuant to this paragraph. Money allocated pursuant to this paragraph does not revert to the Fund at the end of the fiscal year.

      (f) [Reserve $150,000 of all revenues deposited in the Fund for a Healthy Nevada each year, if available, for allocation by the Aging Services Division of the Department in the form of contracts or grants for existing or new programs that provide dental benefits to persons who are domiciled in this State and are 62 years of age or older:

 


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ê2007 Statutes of Nevada, Page 2340 (Chapter 446, AB 182)ê

 

new programs that provide dental benefits to persons who are domiciled in this State and are 62 years of age or older:

             (1) Who satisfy the residency requirement set forth in subsection 2 of NRS 439.665; and

             (2) Whose incomes are not over the amounts set forth in subsection 2 of NRS 439.665, as adjusted pursuant to the provisions of that section.

      (g)] Allocate, by contract or grant, for expenditure not more than [20] 15 percent of [all] available revenues [deposited in the Fund for a Healthy Nevada each year] for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

      [(h)] (g) Allocate, by contract or grant, for expenditure not more than 10 percent of [all] available revenues [deposited in the Fund for a Healthy Nevada each year] for programs that improve health services for children.

      [(i)] (h) Allocate, by contract or grant, for expenditure not more than [7.5] 10 percent of [all] available revenues [deposited in the Fund for a Healthy Nevada each year] for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the [Task Force] Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:

             (1) Programs that provide respite [for persons caring] care or relief of informal caretakers for persons with disabilities;

             (2) Programs that provide positive behavioral supports to persons with disabilities; and

             (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

      [(j) Reserve]

      (i) Allocate not more than [2.5] 5 percent of [all] available revenues [deposited in the Fund for a Healthy Nevada each year] for direct expenditure by the Department to subsidize any portion of the cost of providing prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The Department shall consider recommendations from the [Task Force for the Fund for a Healthy Nevada] Grants Management Advisory Committee in carrying out the provisions of NRS 439.705 to 439.795, inclusive.

      [(k)] (j) Maximize expenditures through local, federal and private matching contributions.

      [(l)] (k) Ensure that any money expended from the Fund [for a Healthy Nevada] will not be used to supplant existing methods of funding that are available to public agencies.

      [(m)] (l) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

      [(n)] (m) To make the allocations required by paragraphs (f), (g) [,] and (h) : [and (i):]

 


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ê2007 Statutes of Nevada, Page 2341 (Chapter 446, AB 182)ê

 

             (1) Prioritize and quantify the needs for these programs;

             (2) Develop, solicit and accept applications for allocations;

             (3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;

             (4) Conduct annual evaluations of programs to which allocations have been awarded; and

             [(4)] (5) Submit annual reports concerning the programs to the Governor , [and] the Interim Finance Committee [.] , the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      [(o)] (n) Transmit a report of all findings, recommendations and expenditures to the Governor , [and] each regular session of the Legislature [.] , the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      2.  The [Task Force] Department may take such other actions as are necessary to carry out its duties.

      3.  [The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

      4.  ] To make the allocations required by [paragraphs (d) and (f)] paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens for these programs;

      (b) Develop, solicit and accept grant applications for allocations;

      (c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

      (d) Award grants, contracts or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the allocations made by the Aging Services Division pursuant to [paragraphs] paragraph (d) [and (f)] of subsection 1 to the Governor , [and] the Interim Finance Committee [.] , the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      [5.] 4.  The Aging Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs , [and] pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to subsidize any portion of the cost of providing prescription drugs , [and] pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.

 


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ê2007 Statutes of Nevada, Page 2342 (Chapter 446, AB 182)ê

 

      [6.  The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (g), (h) or (i) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.]

      5.  A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.

      6.  As used in this section, “available revenues” means the total revenues deposited in the Fund for a Healthy Nevada each year minus $200,000.

      Sec. 5.  NRS 439.665 is hereby amended to read as follows:

      439.665  1.  The Department may:

      (a) Enter into contracts with private insurers who transact health insurance in this State to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits [,] and hearing aids or other devices that enhance the ability to hear, for senior citizens by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits [;] and hearing aids or other devices that enhance the ability to hear; or

      (b) Subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits [,] and hearing aids or other devices that enhance the ability to hear, for senior citizens in any other manner.

      2.  Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a senior citizen who is not eligible for Medicaid and who is eligible for a subsidy that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits [,] and hearing aids or other devices that enhance the ability to hear, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and [:] except as otherwise provided in subsection 5:

      (a) If the senior citizen is single, his income is not over $21,500; or

      (b) If the senior citizen is married, his household income is not over $28,660.

Ê The monetary amounts set forth in this subsection must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 2002 to the December preceding the fiscal year for which the adjustment is calculated.

      3.  The subsidy granted pursuant to this section must not exceed the annual cost of prescription drugs, pharmaceutical services and to the extent money is available, other benefits , including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, provided to the senior citizen.

 


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ê2007 Statutes of Nevada, Page 2343 (Chapter 446, AB 182)ê

 

money is available, other benefits , including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, provided to the senior citizen.

      4.  A subsidy that is made available pursuant to subsection 1 must provide for:

      (a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer or as set forth by the Department; and

      (b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer or as set forth by the Department.

      5.  The Department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant or enrollee based on one or more of the following circumstances:

      (a) Illness;

      (b) Disability; or

      (c) Extreme financial hardship, when considering the current financial circumstances of the applicant or enrollee.

Ê An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support his request.

      6.  If the Federal Government provides any coverage for:

      (a) Prescription drugs and pharmaceutical services; or

      (b) Other benefits, including, without limitation, dental or vision benefits [,] or hearing aids or other devices that enhance the ability to hear,

Ê for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens within the limits of the money available for this purpose in the Fund . [for a Healthy Nevada.]

      7.  The provisions of subsections 1 to 5, inclusive, do not apply to the extent that the Department provides assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens pursuant to subsection 6.

      8.  A veteran may receive assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, pursuant to this section to the extent that the veteran does not receive other services or benefits provided to veterans for the same purpose if the veteran qualifies for the assistance as a senior citizen.

      Sec. 6.  NRS 439.745 is hereby amended to read as follows:

      439.745  1.  The Department may:

      (a) Enter into contracts with private insurers who transact health insurance in this State to subsidize the cost of prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for persons with disabilities by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to persons with disabilities for prescription drugs , [and] pharmaceutical services [;] and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear; or

 


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ê2007 Statutes of Nevada, Page 2344 (Chapter 446, AB 182)ê

 

policies of health insurance that provide coverage to persons with disabilities for prescription drugs , [and] pharmaceutical services [;] and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear; or

      (b) Subsidize the cost of prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for persons with disabilities in any other manner.

      2.  Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a person with a disability who is not eligible for Medicaid and who is eligible for a subsidy for the cost of prescription drugs , [and] pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of prescription drugs , [and] pharmaceutical services [,] and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and [:] except as otherwise provided in subsection 5:

      (a) If the person with a disability is single, his income is not over $21,500; or

      (b) If the person with a disability is married, his household income is not over $28,660.

Ê The monetary amounts set forth in this subsection must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 2002 to the December preceding the fiscal year for which the adjustment is calculated.

      3.  The subsidy granted pursuant to this section must not exceed the annual cost of prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, provided to the person with a disability.

      4.  A subsidy that is made available pursuant to subsection 1 must provide for:

      (a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer or as set forth by the Department; and

      (b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer or as set forth by the Department.

      5.  The Department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant or enrollee based on one or more of the following circumstances:

      (a) Illness;

      (b) Disability; or

      (c) Extreme financial hardship, when considering the current financial circumstances of the applicant or enrollee.

 


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ê2007 Statutes of Nevada, Page 2345 (Chapter 446, AB 182)ê

 

Ê An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support his request.

      6.  If the Federal Government provides any coverage [of prescription] for:

      (a) Prescription drugs and pharmaceutical services ; or

      (b) Other benefits, including, without limitation, dental or vision benefits or hearing aids or other devices that enhance the ability to hear,

Ê for persons with disabilities who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.705 to 439.795, inclusive, and otherwise provide assistance with prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for persons with disabilities within the limits of the money available for this purpose in the Fund . [for a Healthy Nevada.]

      7.  The provisions of subsections 1 to 5, inclusive, do not apply if the Department provides assistance with prescription drugs , [and] pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for persons with disabilities pursuant to subsection 6.

      8.  A veteran may receive assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, pursuant to this section to the extent that the veteran does not receive other services or benefits provided to veterans for the same purpose if the veteran qualifies for the assistance as a person with a disability.

      Secs. 7 and 8.  (Deleted by amendment.)

      Sec. 9.  NRS 232.383 is hereby amended to read as follows:

      232.383  1.  The Grants Management Advisory Committee is hereby created within the Department.

      2.  The Advisory Committee consists of the following [11] 15 members appointed by the Director:

      (a) A superintendent of a county school district [;] or his designee;

      (b) A director of a local agency [providing] which provides services for abused or neglected children [;]

      [(c) A representative of a community organization involved with] , or his designee;

      (c) A member who possesses knowledge, skill and experience in the provision of services to children;

      (d) A representative of a department of juvenile justice services;

      (e) A member who possesses knowledge, skill and experience in the provision of services to senior citizens;

      (f) Two members who possess knowledge, skill and experience in finance or in business generally;

      (g) A representative of the Nevada Association of Counties;

      (h) [A representative of a broad-based nonprofit organization] A member who possesses knowledge, skill and experience in [collaborating with the community and in] building partnerships between the public sector and the private sector; [and]

 


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ê2007 Statutes of Nevada, Page 2346 (Chapter 446, AB 182)ê

 

      (i) Two members of the public who possess knowledge of or experience in the provision of services to persons or families who are disadvantaged or at risk [.] ;

      (j) A member who possesses knowledge, skill and experience in the provision of services to persons with disabilities;

      (k) A member who possesses knowledge, skill and experience in the provision of services relating to the cessation of the use of tobacco;

      (l) A member who possesses knowledge, skill and experience in the provision of health services to children; and

      (m) A representative who is a member of the Nevada Commission on Aging, created by NRS 427A.032, who must not be a Legislator.

      3.  An entity who employs a member of the Advisory Committee is not eligible to receive a grant. This subsection does not prohibit an entity that serves solely as the fiscal agent for a recipient of a grant from employing a member of the Advisory Committee.

      [3.] 4.  The Director shall ensure that, insofar as practicable, the members whom he appoints reflect the ethnic and geographical diversity of this State.

      [4.] 5.  After the initial terms, each member of the Advisory Committee serves for a term of 2 years. Each member of the Advisory Committee continues in office until his successor is appointed.

      [5.] 6.  Each member of the Advisory Committee who is not an officer or employee of this State or a political subdivision of this State is entitled to receive a salary of not more than $80 per day, fixed by the Director, while engaged in the business of the Advisory Committee.

      [6.] 7.  While engaged in the business of the Advisory Committee, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      [7.] 8.  A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.

      [8.] 9.  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:

      (a) Make up the time he is absent from work to carry out his duties as a member of the Advisory Committee; or

      (b) Take annual leave or compensatory time for the absence.

      [9.] 10.  The Advisory Committee shall:

      (a) At its first meeting and annually thereafter, elect a Chairman from among its members;

      (b) Meet at the call of the Director, the Chairman or a majority of its members as necessary, within the budget of the Advisory Committee, but not to exceed six meetings per year; and

      (c) Adopt rules for its own management and government.

 


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ê2007 Statutes of Nevada, Page 2347 (Chapter 446, AB 182)ê

 

      Sec. 10.  NRS 232.385 is hereby amended to read as follows:

      232.385  The Grants Management Advisory Committee created by NRS 232.383 shall:

      1.  Review all requests received by the Department for awards of money from agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions which provide or will provide services to persons served by the programs administered by the Department;

      2.  Submit recommendations to the Director concerning each request for an award of money that the Advisory Committee believes should be granted, including, without limitation, the name of the agency, nonprofit community organization or educational institution that submitted the request;

      3.  Adopt policies setting forth criteria to determine which agencies, organizations and institutions to recommend for an award of money;

      4.  Monitor awards of money granted by the Department to agencies of the State or its political subdivisions, and nonprofit community organizations or educational institutions which provide or will provide services to persons served by the programs administered by the Department [;] , including, without limitation, awards of money granted pursuant to NRS 439.630;

      5.  Assist the staff of the Department in determining the needs of local communities and in setting priorities for funding programs administered by the Department; and

      6.  Consider funding strategies for the Department, including, without limitation, seeking ways to avoid unnecessary duplication of the services for which awards of money to agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions are granted, and make recommendations concerning funding strategies to the Director.

      Sec. 11.  NRS 439.625 is hereby repealed.

      Sec. 12.  Any money allocated or reserved for direct expenditure pursuant to paragraph (f) of subsection 1 of NRS 439.630 on or before June 30, 2007, that is unspent and returned must be allocated, on and after July 1, 2007, in accordance with the amendatory provisions of paragraph (c) of subsection 1 of NRS 439.630.

      Sec. 13.  1.  The term of the member of the Grants Management Advisory Committee who is a representative of a:

      (a) Broad-based nonprofit organization who possesses knowledge, skill and experience in collaborating with the community and in building partnerships between the public sector and the private sector expires on June 30, 2007.

      (b) Community organization involved with children expires on June 30, 2007.

      2.  The Director of the Department of Health and Human Services shall appoint one member to the Grants Management Advisory Committee pursuant to NRS 232.383, as amended by section 9 of this act, who:

      (a) Possesses knowledge, skill and experience in the provision of services to persons with disabilities whose term begins on July 1, 2007, and expires on June 30, 2008.

      (b) Possesses knowledge, skill and experience in the provision of services relating to the cessation of the use of tobacco whose term begins on July 1, 2007, and expires on June 30, 2009.

 


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ê2007 Statutes of Nevada, Page 2348 (Chapter 446, AB 182)ê

 

      (c) Possesses knowledge, skill and experience in the provision of health services to children whose term begins on July 1, 2007, and expires on June 30, 2009.

      (d) Is a member of the Nevada Commission on Aging whose term begins on July 1, 2007, and expires on June 30, 2008.

      (e) Possesses knowledge, skill and experience in the provision of services to children begins on July 1, 2007, and expires on June 30, 2008.

      (f) Possesses knowledge, skill and experience in building partnerships between the public sector and the private sector begins on July 1, 2007, and expires on June 30, 2009.

      Sec. 14.  The Legislative Committee on Health Care shall examine and review the allocations of money from the Fund for a Healthy Nevada pursuant to NRS 439.630 to determine whether the allocations reflect the needs of this State and the residents of this State. The examination and review must consider whether the money allocated for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco should be reduced and determine whether such money should be allocated directly to the Health Division of the Department of Health and Human Services and the district boards of health in counties whose population is 50,000 or more.

      Sec. 15.  Notwithstanding the provisions of this act, an award of money granted by the Task Force for the Fund for a Healthy Nevada pursuant to NRS 439.630 on or before June 30, 2007, remains in effect and the Grants Management Advisory Committee shall monitor the award of money pursuant to NRS 232.385.

      Sec. 16.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 2349ê

 

CHAPTER 447, AB 146

Assembly Bill No. 146–Committee on Health and Human Services

 

CHAPTER 447

 

AN ACT relating to health care; requiring the Department of Health and Human Services to establish programs to increase public awareness of health care information concerning the hospitals and surgical centers for ambulatory patients in this State; requiring the Department to establish and maintain an Internet website which provides certain information concerning the charges imposed and the quality of health care provided by those hospitals and centers; requiring those hospitals and centers to submit certain information to the Department for the programs; requiring the Department to make certain determinations before performing certain duties; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the planning for health care in this State, including the promotion of equal access to quality health care at a reasonable cost. (Chapter 439A of NRS) Sections 3 and 4.3 of this bill require the Department of Health and Human Services to establish programs to increase public awareness of health care information concerning the hospitals and surgical centers for ambulatory patients in this State. The programs must include the provision of information concerning the charges imposed and the quality of services provided by those hospitals and centers. Sections 4 and 4.7 of this bill require the Department to adopt regulations pertaining to the programs and require the hospitals and centers to submit the information for the programs. Section 5 of this bill requires the Department to collect and maintain that information. Section 6 of this bill requires the Department to establish and maintain an Internet website which provides information to the general public concerning the charges imposed and the quality of services provided by the hospitals and surgical centers for ambulatory patients in this State. Section 6.5 of this bill authorizes the Department to accept contributions to carry out the provisions of sections 2-7 of this bill. Section 6.5 also requires the Department to determine at the beginning of each biennium whether sufficient money is available to fund one or more components of the programs and duties of the Department relating to sections 2-7.

      Under existing law, the Director of the Office for Consumer Health Assistance maintains an Internet website which includes certain information concerning prescription drug programs and pharmacies. (NRS 223.560) Section 14 of this bill requires the Director to include on the website a link to the website maintained by the Department of Health and Human Services to provide information to the general public concerning the charges imposed and the quality of services provided by the hospitals and surgical centers for ambulatory patients in this State.

      Sections 15 and 16 of this bill specify the dates on which the hospitals and surgical centers for ambulatory patients are required to commence submitting the information for the programs. Section 16 also allows the Department to extend the deadline by which it must post this information on its website if the Department reports to the Legislative Committee on Health Care that the information submitted is not ready for posting.

 


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ê2007 Statutes of Nevada, Page 2350 (Chapter 447, AB 146)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.3 and 2.9 of this act have the meanings ascribed to them in those sections.

      Sec. 2.3.  “Hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 2.7.  (Deleted by amendment.)

      Sec. 2.9.  “Surgical center for ambulatory patients” has the meaning ascribed to it in NRS 449.019.

      Sec. 3.  1.  The Department shall establish and maintain a program to increase public awareness of health care information concerning the hospitals in this State. The program must be designed to assist consumers with comparing the quality of care provided by the hospitals in this State and the charges for that care.

      2.  The program must include, without limitation, the collection, maintenance and provision of information concerning:

      (a) Inpatients and outpatients of each hospital in this State as reported in the forms submitted pursuant to NRS 449.485;

      (b) The quality of care provided by each hospital in this State as determined by applying uniform measures of quality prescribed by the Department pursuant to section 4 of this act;

      (c) How consistently each hospital follows recognized practices to prevent the infection of patients, to speed the recovery of patients and to avoid medical complications of patients;

      (d) For each hospital, the total number of patients discharged, the average length of stay and the average billed charges, reported for the 50 most frequent diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

      (e) Any other information relating to the charges imposed and the quality of the services provided by the hospitals in this State which the Department determines is:

            (1) Useful to consumers;

             (2) Nationally recognized; and

             (3) Reported in a standard and reliable manner.

      3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

      Sec. 4.  1.  The Department shall, by regulation:

      (a) Prescribe the information that each hospital in this State must submit to the Department for the program established pursuant to section 3 of this act.

      (b) Prescribe the measures of quality for hospitals that are required pursuant to paragraph (b) of subsection 2 of section 3 of this act. In adopting the regulations, the Department shall:

            (1) Use the measures of quality endorsed by the Agency for Healthcare Research and Quality, the National Quality Forum, Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, a quality improvement organization of the Centers for Medicare and Medicaid Services and the Joint Commission on Accreditation of Healthcare Organizations;

 


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ê2007 Statutes of Nevada, Page 2351 (Chapter 447, AB 146)ê

 

Centers for Medicare and Medicaid Services and the Joint Commission on Accreditation of Healthcare Organizations;

             (2) Prescribe a reasonable number of measures of quality which must not be unduly burdensome on the hospitals; and

             (3) Take into consideration the financial burden placed on the hospitals to comply with the regulations.

Ê The measures prescribed pursuant to this paragraph must report health outcomes of hospitals, which do not necessarily correlate with the inpatient diagnosis-related groups or the outpatient treatments that are posted on the Internet website pursuant to section 6 of this act.

      (c) Require each hospital to:

             (1) Provide the information prescribed in paragraphs (a) and (b) in the format required by the Department; and

             (2) Report the information separately for inpatients and outpatients.

      2.  The information required pursuant to this section and section 3 of this act must be submitted to the Department not later than 45 days after the last day of each calendar month.

      3.  If a hospital fails to submit the information required pursuant to this section or section 3 of this act or submits information that is incomplete or inaccurate, the Department shall send a notice of such failure to the hospital and to the Health Division of the Department.

      Sec. 4.3.  1.  The Department shall establish and maintain a program to increase public awareness of health care information concerning the surgical centers for ambulatory patients in this State. The program must be designed to assist consumers with comparing the quality of care provided by the surgical centers for ambulatory patients in this State and the charges for that care.

      2.  The program must include, without limitation, the collection, maintenance and provision of information concerning:

      (a) The charges imposed on outpatients by each surgical center for ambulatory patients in this State as reported in the forms submitted pursuant to section 4.7 of this act;

      (b) The quality of care provided by each surgical center for ambulatory patients in this State as determined by applying uniform measures of quality prescribed by the Department pursuant to section 4.7 of this act;

      (c) How consistently each surgical center for ambulatory patients follows recognized practices to prevent the infection of patients, to speed the recovery of patients and to avoid medical complications of patients;

      (d) For each surgical center for ambulatory patients, the total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

      (e) Any other information relating to the charges imposed and the quality of the services provided by the surgical centers for ambulatory patients in this State which the Department determines is:

             (1) Useful to consumers;

             (2) Nationally recognized; and

             (3) Reported in a standard and reliable manner.

 


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ê2007 Statutes of Nevada, Page 2352 (Chapter 447, AB 146)ê

 

      Sec. 4.7.  1.  The Department shall, by regulation:

      (a) Prescribe the information that each surgical center for ambulatory patients in this State must submit to the Department for the program as set forth in section 4.3 of this act and the form for submission of such information.

      (b) Prescribe the measures of quality for surgical centers for ambulatory patients that are required pursuant to paragraph (b) of subsection 2 of section 4.3 of this act. In adopting the regulations, the Department shall:

             (1) Use measures of quality which are substantially similar to those required pursuant to subparagraph (1) of paragraph (b) of subsection 1 of section 4 of this act;

             (2) Prescribe a reasonable number of measures of quality which must not be unduly burdensome on the surgical centers for ambulatory patients; and

             (3) Take into consideration the financial burden placed on the surgical centers for ambulatory patients to comply with the regulations.

Ê The measures prescribed pursuant to this paragraph must report health outcomes of surgical centers for ambulatory patients, which do not necessarily correlate with the outpatient treatments posted on the Internet website pursuant to section 6 of this act.

      (c) Require each surgical center for ambulatory patients to provide the information prescribed in paragraphs (a) and (b) in the format required by the Department.

      (d) Prescribe which surgical centers for ambulatory patients in this State must participate in the program established pursuant to section 4.3 of this act.

      2.  The information required pursuant to this section and section 4.3 of this act must be submitted to the Department not later than 45 days after the last day of each calendar month.

      3.  If a surgical center for ambulatory patients fails to submit the information required pursuant to this section or section 4.3 of this act or submits information that is incomplete or inaccurate, the Department shall send a notice of such failure to the surgical center for ambulatory patients and to the Health Division of the Department.

      Sec. 5.  1.  The Department shall collect and maintain all information that it receives from the hospitals and surgical centers for ambulatory patients in this State pursuant to sections 3 to 4.7, inclusive, of this act. Upon request, the Department shall make a summary of the information available to:

      (a) Consumers of health care;

      (b) Providers of health care;

      (c) Representatives of the health insurance industry; and

      (d) The general public.

      2.  The Department shall ensure that the information it provides pursuant to this section is aggregated so as not to reveal the identity of a specific inpatient or outpatient of a hospital or of a surgical center for ambulatory patients.

      Sec. 6.  1.  The Department shall establish and maintain an Internet website that includes the information concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to sections 3 and 4.3 of this act.

 


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ê2007 Statutes of Nevada, Page 2353 (Chapter 447, AB 146)ê

 

ambulatory patients in this State as required by the programs established pursuant to sections 3 and 4.3 of this act. The information must:

      (a) Include, for each hospital in this State, the total number of patients discharged, the average length of stay and the average billed charges, reported for the 50 most frequent diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers;

      (b) Include, for each surgical center for ambulatory patients in this State, the total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers;

      (c) Be presented in a manner that allows a person to view and compare the information for the hospitals by:

             (1) Geographic location of each hospital;

             (2) Type of medical diagnosis; and

             (3) Type of medical treatment;

      (d) Be presented in a manner that allows a person to view and compare the information for the surgical centers for ambulatory patients by:

             (1) Geographic location of each surgical center for ambulatory patients;

             (2) Type of medical diagnosis; and

             (3) Type of medical treatment;

      (e) Be presented in a manner that allows a person to view and compare the information separately for:

             (1) The inpatients and outpatients of each hospital; and

             (2) The outpatients of each surgical center for ambulatory patients;

      (f) Be readily accessible and understandable by a member of the general public; and

      (g) Provide any other information relating to the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State which the Department determines is:

             (1) Useful to consumers;

             (2) Nationally recognized; and

             (3) Reported in a standard and reliable manner.

      2.  The Department shall:

      (a) Publicize the availability of the Internet website;

      (b) Update the information contained on the Internet website at least quarterly;

      (c) Ensure that the information contained on the Internet website is accurate and reliable;

      (d) Ensure that the information contained on the Internet website is aggregated so as not to reveal the identity of a specific inpatient or outpatient of a hospital;

      (e) Post a disclaimer on the Internet website indicating that the information contained on the website is provided to assist with the comparison of hospitals and is not a guarantee by the Department or its employees as to the charges imposed by the hospitals in this State or the quality of the services provided by the hospitals in this State, including, without limitation, an explanation that the actual amount charged to a person by a particular hospital may not be the same charge as posted on the website for that hospital;

 


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ê2007 Statutes of Nevada, Page 2354 (Chapter 447, AB 146)ê

 

      (f) Provide on the Internet website established pursuant to this section a link to the Internet website of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and

      (g) Upon request, make the information that is contained on the Internet website available in printed form.

      3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

      Sec. 6.5.  1.  On or before July 1 of each odd-numbered year, the Department shall make a determination of whether sufficient money is available and authorized for expenditure to fund one or more components of the programs and other duties of the Department relating to sections 2 to 7, inclusive, of this act.

      2.  The Department shall temporarily suspend any components of the program or duties of the Department for which it determines pursuant to subsection 1 that sufficient money is not available.

      3.  The Department may accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out the provisions of sections 2 to 7, inclusive of this act.

      Sec. 7.  1.  In carrying out the provisions of sections 2 to 7, inclusive, of this act, the Department:

      (a) Shall work in consultation with a quality improvement organization of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and

      (b) May contract with the Nevada System of Higher Education or any appropriate, independent and qualified person or entity to analyze the information collected and maintained by the Department pursuant to sections 2 to 7, inclusive, of this act. Such a contractor may release or publish or otherwise use information made available to it pursuant to the contract if the Department determines that the information is accurate and the contractor complies with the regulations adopted pursuant to subsection 2.

      2.  The Department shall adopt regulations for the review and release of information collected and maintained by the Department pursuant to sections 2 to 7, inclusive, of this act. The regulations must require, without limitation, the Department to review each request for information if the request is for purposes other than research.

      3.  The Department shall, on or before July 1 of each year, submit to the Legislative Committee on Health Care a report concerning each request that is made pursuant to subsection 2 and the determination of the Department with regard to each request.

      Sec. 8.  NRS 439A.020 is hereby amended to read as follows:

      439A.020  The purposes of this chapter are to:

      1.  Promote equal access to quality health care at a reasonable cost;

      2.  Promote an adequate supply and distribution of health resources;

      3.  Promote uniform, effective methods of delivering health care;

      4.  Promote and encourage the adequate distribution of health and care facilities and man power;

      5.  Promote and encourage the effective use of methods for controlling increases in the cost of health care;

 


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ê2007 Statutes of Nevada, Page 2355 (Chapter 447, AB 146)ê

 

      6.  Encourage participation in health planning by members of the several health professions, representatives of institutions and agencies interested in the provision of health care and the reduction of the cost of such care, and the general public;

      7.  Utilize the viewpoint of the general public for making decisions;

      8.  Provide information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State;

      9.  Encourage public education regarding proper personal health care and methods for the effective use of available health services; and

      [9.] 10.  Promote a program of technical assistance to purchasers to contain effectively the cost of health care, including:

      (a) Providing information to purchasers regarding the charges made by practitioners.

      (b) Training purchasers to negotiate successfully for a policy of health insurance.

      (c) Conducting studies and providing other information about measures to assist purchasers in containing the cost of health care.

      Secs. 9 and 10.  (Deleted by amendment.)

      Sec. 11.  NRS 449.485 is hereby amended to read as follows:

      449.485  1.  Each hospital in this State shall use for all patients discharged the form commonly referred to as the “UB-82,” or a different form prescribed by the Director with the approval of a majority of the hospitals licensed in this State, and shall include in the form all information required by the Department.

      2.  [The Department shall by regulation:

      (a) Specify] Each hospital in this State shall, on a monthly basis, report to the Department the information required to be included in the form for each patient . [; and

      (b) Require each hospital to provide specified information from the form to the Department.]

      3.  Each insurance company or other payer shall accept the form as the bill for services provided by hospitals in this State.

      4.  Except as otherwise provided in subsection 5, each hospital [with 100 or more beds] in this State shall provide the information required pursuant to [paragraph (b) of] subsection 2 [on magnetic tape or by other means] in an electronic form specified by the Department . [, or shall provide copies of the forms and pay the costs of entering the information manually from the copies.]

      5.  The Director may exempt a hospital from the requirements of subsection 4 if requiring the hospital to comply with the requirements would cause the hospital financial hardship.

      6.  The Department shall use the information submitted pursuant to this section for the program established pursuant to section 3 of this act to increase public awareness of health care information concerning the hospitals in this State.

      Sec. 12.  NRS 449.490 is hereby amended to read as follows:

      449.490  1.  Every institution which is subject to the provisions of NRS 449.450 to 449.530, inclusive, shall file with the Department the following financial statements or reports in a form and at intervals specified by the Director but at least annually:

 


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ê2007 Statutes of Nevada, Page 2356 (Chapter 447, AB 146)ê

 

      (a) A balance sheet detailing the assets, liabilities and net worth of the institution for its fiscal year; and

      (b) A statement of income and expenses for the fiscal year.

      2.  Each hospital with 100 or more beds shall file with the Department, in a form and at intervals specified by the Director but at least annually, a capital improvement report which includes, without limitation, any major service line that the hospital has added or is in the process of adding since the previous report was filed, any major expansion of the existing facilities of the hospital that has been completed or is in the process of being completed since the previous report was filed, and any major piece of equipment that the hospital has acquired or is in the process of acquiring since the previous report was filed.

      3.  In addition to the information required to be filed pursuant to subsections 1 and 2, each hospital with 100 or more beds shall file with the Department, in a form and at intervals specified by the Director but at least annually:

      (a) The corporate home office allocation methodology of the hospital, if any.

      (b) The expenses that the hospital has incurred for providing community benefits and the in-kind services that the hospital has provided to the community in which it is located. For the purposes of this paragraph, “community benefits” includes, without limitation, goods, services and resources provided by a hospital to a community to address the specific needs and concerns of that community, services provided by a hospital to the uninsured and underserved persons in that community, training programs for employees in a community and health care services provided in areas of a community that have a critical shortage of such services, for which the hospital does not receive full reimbursement.

      (c) A statement of its policies and procedures for providing discounted services to, or reducing charges for services provided to, persons without health insurance that are in addition to any reduction or discount required to be provided pursuant to NRS 439B.260.

      (d) A statement of its policies regarding patients’ account receivables, including, without limitation, the manner in which a hospital collects or makes payment arrangements for patients’ account receivables, the factors that initiate collections and the method by which unpaid account receivables are collected.

      4.  A complete current charge master must be available at each hospital during normal business hours for review by the Director, any payor that has a contract with the hospital to pay for services provided by the hospital, any payor that has received a bill from the hospital and any state agency that is authorized to review such information. The complete and current charge master must be made available to the Department, at the request of the Director, in an electronic format specified by the Department. The Department may use the electronic copy of the charge master to review and analyze the data contained in the charge master and, except as otherwise provided in sections 2 to 7, inclusive, of this act, shall not release or publish the information contained in the charge master.

      5.  The Director shall require the certification of specified financial reports by an independent certified public accountant and may require attestations from responsible officers of the institution that the reports are, to the best of their knowledge and belief, accurate and complete to the extent that the certifications and attestations are not required by federal law.

 


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ê2007 Statutes of Nevada, Page 2357 (Chapter 447, AB 146)ê

 

the best of their knowledge and belief, accurate and complete to the extent that the certifications and attestations are not required by federal law.

      6.  The Director shall require the filing of all reports by specified dates, and may adopt regulations which assess penalties for failure to file as required, but he shall not require the submission of a final annual report sooner than 6 months after the close of the fiscal year, and may grant extensions to institutions which can show that the required information is not available on the required reporting date.

      7.  All reports, except privileged medical information, filed under any provisions of NRS 449.450 to 449.530, inclusive, are open to public inspection and must be available for examination at the office of the Department during regular business hours.

      Sec. 13.  NRS 449.520 is hereby amended to read as follows:

      449.520  1.  On or before October 1 of each year, the Director shall prepare and transmit to the Governor, the Legislative Committee on Health Care and the Interim Finance Committee a report of the Department’s operations and activities for the preceding fiscal year.

      2.  The report prepared pursuant to subsection 1 must include:

      (a) Copies of all summaries, compilations and supplementary reports required by NRS 449.450 to 449.530, inclusive, together with such facts, suggestions and policy recommendations as the Director deems necessary;

      (b) A summary of the trends of the audits of hospitals in this State that the Department required or performed during the previous year;

      (c) An analysis of the trends in the costs, expenses and profits of hospitals in this State;

      (d) An analysis of the corporate home office allocation methodologies of hospitals in this State;

      (e) An examination and analysis of the manner in which hospitals are reporting the information that is required to be filed pursuant to NRS 449.490, including, without limitation, an examination and analysis of whether that information is being reported in a standard and consistent manner, which fairly reflect the operations of each hospital;

      (f) A review and comparison of the policies and procedures used by hospitals in this State to provide discounted services to, and to reduce charges for services provided to, persons without health insurance; [and]

      (g) A review and comparison of the policies and procedures used by hospitals in this State to collect unpaid charges for services provided by the hospitals [.] ; and

      (h) A summary of the status of the programs established pursuant to sections 3 and 4.3 of this act to increase public awareness of health care information concerning the hospitals and surgical centers for ambulatory patients in this State, including, without limitation, the information that was posted in the preceding fiscal year on the Internet website maintained for those programs pursuant to section 6 of this act.

      3.  The Legislative Committee on Health Care shall develop a comprehensive plan concerning the provision of health care in this State which includes, without limitation:

      (a) A review of the health care needs in this State as identified by state agencies, local governments, providers of health care and the general public; and

      (b) A review of the capital improvement reports submitted by hospitals pursuant to subsection 2 of NRS 449.490.

 


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ê2007 Statutes of Nevada, Page 2358 (Chapter 447, AB 146)ê

 

      Sec. 14.  NRS 223.560 is hereby amended to read as follows:

      223.560  The Director shall:

      1.  Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

      2.  Assist consumers and injured employees in understanding their rights and responsibilities under health care plans and policies of industrial insurance;

      3.  Identify and investigate complaints of consumers and injured employees regarding their health care plans and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

      (a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

      (b) Providing counseling and assistance to consumers and injured employees concerning health care plans and policies of industrial insurance;

      4.  Provide information to consumers and injured employees concerning health care plans and policies of industrial insurance in this State;

      5.  Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;

      6.  Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Director pursuant to this section;

      7.  In appropriate cases and pursuant to the direction of the Governor, refer a complaint or the results of an investigation to the Attorney General for further action;

      8.  Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services; and

      9.  Establish and maintain an Internet website which includes:

      (a) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; [and]

      (b) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328 [.] ; and

      (c) A link to the website established and maintained pursuant to section 6 of this act which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State.

      Sec. 15.  1.  Each hospital in this State shall, for each patient discharged on and after July 1, 2007, submit to the Department of Health and Human Services the information concerning inpatient data required pursuant to sections 3 and 4 of this act.

      2.  The Department shall review the data concerning inpatients submitted by each hospital in this State and, on or before January 1, 2008, begin posting such information on the Internet website established pursuant to section 6 of this act.

 


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

ê2007 Statutes of Nevada, Page 2359 (Chapter 447, AB 146)ê

 

      3.  Each hospital in this State shall, for each patient discharged on and after January 1, 2008, begin submitting to the Department the information concerning outpatient data that is required pursuant to sections 3 and 4 of this act.

      4.  The Department shall review the data concerning outpatients submitted by each hospital in this State and, except as otherwise provided in this subsection, on or before January 1, 2009, begin posting such information on the Internet website established pursuant to section 6 of this act. The Department shall, on or before December 1, 2008, report to the Legislative Committee on Health Care concerning the activities of the Department pursuant to this section and sections 3 and 4 of this act, including, without limitation, a report on whether the information concerning outpatients submitted pursuant to sections 3 and 4 of this act is ready for posting on the Internet website established pursuant to section 6 of this act. If the Department submits to the Legislative Committee on Health Care a report that such information is not ready for posting on the Internet website, the Legislative Committee on Health Care may extend the deadline by which the information must be posted.

      Sec. 16.  1.  Each surgical center for ambulatory patients in this State shall, on January 1, 2008, begin submitting to the Department of Health and Human Services the information required by the Department pursuant to sections 4.3 and 4.7 of this act.

      2.  The Department shall review the data concerning outpatients submitted by each surgical center for ambulatory patients in this State and, on or before December 1, 2008, report to the Legislative Committee on Health Care concerning the activities of the Department pursuant to this section and sections 4.3 and 4.7 of this act, including, without limitation, a report on whether the Department is able to adequately and accurately report the information submitted pursuant to sections 4.3 and 4.7 of this act. If the Department submits to the Legislative Committee on Health Care a report that the information collected pursuant to sections 4.3 and 4.7 of this act is not ready for posting on the Internet website because it is not accurate or is incomplete, the Legislative Committee on Health Care may extend the deadline by which the information must be posted pursuant to subsection 3.

      3.  Except as otherwise provided in subsection 2, the Department shall, on January 1, 2009, begin posting the information received pursuant to sections 4.3 and 4.7 of this act on the Internet website established pursuant to section 6 of this act.

      4.  As used in this section, “surgical center for ambulatory patients” has the meaning ascribed to it in NRS 449.019.

      Sec. 17.  In addition to any other report required pursuant to this act or a state law, the Department of Health and Human Services shall submit to the Legislative Committee on Health Care, on or before the first day of each month, a report which includes:

      1.  The status of the collection of data pursuant to sections 2 to 7, inclusive, of this act;

      2.  The status of the establishment of an Internet website pursuant to section 6 of this act;

      3.  Any regulations adopted pursuant to sections 4 and 4.7 of this act; and

      4.  Any other information related to carrying out the provisions of this act.

 


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

ê2007 Statutes of Nevada, Page 2360 (Chapter 447, AB 146)ê

 

      Sec. 18.  1.  The Department of Health and Human Services shall not send to the Health Division of the Department a notice required pursuant to subsection 3 of section 4 of this act until:

      (a) July 1, 2008, if the notice concerns the submission of information relating to inpatients of a hospital; and

      (b) January 1, 2009, if the notice concerns the submission of information relating to outpatients of a hospital.

      2.  The Department of Health and Human Services shall not send to the Health Division of the Department a notice required pursuant to subsection 3 of section 4.7 of this act until January 1, 2009, if the notice concerns information submitted by a surgical center for ambulatory patients.

      Sec. 19.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 448, AB 141

Assembly Bill No. 141–Assemblymen Horne, Kirkpatrick, Parks, Conklin, Allen, Anderson, Arberry, Atkinson, Buckley, Claborn, Denis, Gerhardt, Goedhart, Hogan, Kihuen, Leslie, Mabey, Marvel, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Smith and Womack

 

Joint Sponsors: Senators Wiener, Coffin, Titus, Horsford, Lee, Mathews, Washington and Woodhouse

 

CHAPTER 448

 

AN ACT relating to motor vehicles; providing for the inspection and forfeiture of certain seized vehicles or parts which have altered or missing identification numbers or marks; prohibiting the disclosure of certain information related to the investigation of such a vehicle or part; prohibiting a vehicle dealer, garage owner and certain other businesses from possessing a vehicle or part which has a missing or altered identification number or mark; revising the penalty for possessing such a vehicle or part; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 7 of this bill prohibits vehicle dealers, garagemen, automobile wreckers, operators of salvage pools or body shops or the employees of any such establishment from taking possession of a motor vehicle or part from a motor vehicle which he knows to have identification numbers or marks that have been falsely attached, removed, defaced, altered or obliterated. A person who violates this provision is guilty of a category D felony.

      Section 8 of this bill requires vehicle dealers, garagemen, automobile wreckers, operators of salvage pools or body shops, tow car operators and certain other businesses or the employees of any such establishment who discover during the course of business that a motor vehicle or part from a motor vehicle has an identification number or mark that has been falsely attached, removed, defaced, altered or obliterated to notify law enforcement within 24 hours after discovery and makes failure to notify a misdemeanor.

 


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

ê2007 Statutes of Nevada, Page 2361 (Chapter 448, AB 141)ê

 

      Section 9 of this bill prohibits a person from disclosing in open court or in discoverable documents the confidential investigative techniques or the location of confidential identifying numbers or marks used by law enforcement with regard to stolen vehicles or parts.

      Section 12 of this bill requires law enforcement or an employee of the Department of Motor Vehicles to inspect vehicles or parts from vehicles seized by law enforcement to determine if a required identification number or mark has been falsely attached, removed, defaced, altered or obliterated. This section authorizes the forfeiture of the vehicle if the identification number or mark has been falsely attached, removed, defaced, altered or obliterated and there is no satisfactory evidence of ownership of the vehicle or part.

      Existing law prohibits a person from knowingly possessing with the intent to sell, transfer, import or export more than one motor vehicle or parts from more than one motor vehicle that have an identification number or mark that is defaced, destroyed or altered. (NRS 482.551) Section 15 of this bill: (1) deletes the intent requirement; (2) deletes the requirement that there must be more than one motor vehicle; and (3) changes the penalty from a category D felony to a gross misdemeanor.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in NRS 482.544 to 482.554, inclusive, and sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 484.544 and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Automobile wrecker” means a person who obtains a license pursuant to NRS 487.050 to dismantle, scrap, process or wreck a vehicle.

      Sec. 4.  “Body shop” has the meaning ascribed to it in NRS 487.600.

      Sec. 5.  “Garageman” has the meaning ascribed to it in NRS 487.545.

      Sec. 6.  “Salvage pool” has the meaning ascribed to it in subsection 2 of NRS 487.400.

      Sec. 7.  A vehicle dealer, employee of a vehicle dealer, garageman, employee of a garageman, owner or employee of an automobile wrecker, or operator of a salvage pool or body shop who takes possession of a motor vehicle or part from a motor vehicle knowing that an identification number or mark has been falsely attached, removed, defaced, altered or obliterated, unless the motor vehicle or part has an identification number attached to it which has been assigned or approved by the Department in lieu of the original identification number or mark, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 8.  1.  A vehicle dealer, garageman, automobile wrecker, operator of a salvage pool or body shop, tow car operator, any other business subject to inspection pursuant to NRS 480.610 and the employee of any such establishment who discovers during the course of business that a motor vehicle or part from a motor vehicle has an identification number or mark that has been falsely attached, removed, defaced, altered or obliterated shall notify the Department or a local law enforcement agency within 24 hours after discovery.

      2.  A person who fails to provide notification pursuant to subsection 1 is guilty of a misdemeanor.

      Sec. 9.  1.  Except as otherwise provided in this section, a person shall not disclose during any court proceeding or in any written document produced pursuant to a request for discovery of documents in any action involving the theft of a motor vehicle or part from a motor vehicle the identification of any confidential investigative technique or the location of any confidential identifying number or mark used by a law enforcement agency or the Department to identify a motor vehicle or part from a motor vehicle.

 


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

ê2007 Statutes of Nevada, Page 2362 (Chapter 448, AB 141)ê

 

produced pursuant to a request for discovery of documents in any action involving the theft of a motor vehicle or part from a motor vehicle the identification of any confidential investigative technique or the location of any confidential identifying number or mark used by a law enforcement agency or the Department to identify a motor vehicle or part from a motor vehicle.

      2.  Upon request of a party to the action, the court may review confidential techniques and information related to the location of confidential identifying numbers or marks in camera to determine whether disclosure of such information is necessary to determine the issue before the court and may make any orders that justice may require.

      Sec. 10.  NRS 482.290 is hereby amended to read as follows:

      482.290  1.  The Department is authorized to assign a distinguishing number to any motor vehicle or trailer whenever the vehicle identification number thereon has been [destroyed] falsely attached, removed, defaced, altered or obliterated, and any motor vehicle or trailer to which there is assigned a distinguishing number as authorized in this section shall be registered under such distinguishing number.

      2.  The Department shall collect a fee of $2 for the assignment and recording of each such vehicle identification number and for the assignment of distinguishing numbers pursuant to NRS 482.553.

      3.  The number by which a motor vehicle or trailer is registered shall be permanently stamped or attached to the vehicle. [Willful defacement, alteration, substitution, or removal] False attachment or willful removal, defacement, alteration or obliteration of such a number with intent to defraud [shall be] is a gross misdemeanor.

      Sec. 11.  NRS 482.3175 is hereby amended to read as follows:

      482.3175  1.  The Department may refuse to issue or suspend or revoke a license as a vehicle transporter upon any of the following grounds:

      (a) Conviction of a felony in the State of Nevada or any other state, territory or nation.

      (b) Material misstatement in the application for a license.

      (c) Evidence of unfitness of the applicant or licensee.

      (d) Willful failure to comply with the provisions of this chapter or the regulations adopted pursuant thereto, or any law relating to the operation of a motor vehicle.

      (e) Failure or refusal to furnish and keep in force any bond.

      (f) Failure of the licensee to maintain any other license required by any political subdivision of this State.

      (g) Knowingly having possession of a stolen motor vehicle or a motor vehicle with a [defaced, altered or obliterated] manufacturer’s identification number or other distinguishing number or identification mark [.] which has been falsely attached, removed, defaced, altered or obliterated.

      (h) Loaning or permitting the improper use of any special license plate assigned to him.

      2.  Any person whose application is denied or license is suspended or revoked pursuant to this section is entitled to a hearing as provided in NRS 482.353.

      Sec. 12.  NRS 482.540 is hereby amended to read as follows:

      482.540  1.  Any police officer, without a warrant, may seize and take possession of any vehicle:

 


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

ê2007 Statutes of Nevada, Page 2363 (Chapter 448, AB 141)ê

 

      (a) Which is being operated with improper registration;

      (b) Which the officer has probable cause to believe has been stolen;

      (c) On which any motor number, manufacturer’s number or identification mark has been falsely attached, removed, defaced, altered or obliterated; or

      (d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, removed, defaced, altered or obliterated.

      2.  A law enforcement agency or an employee of the Department whose primary responsibility is to conduct investigations involving the theft of motor vehicles shall inspect any vehicle seized pursuant to paragraph (c) or (d) of subsection 1 to determine whether the number or mark in question on the vehicle or part from the vehicle has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the vehicle. The agency or employee shall prepare a written report which sets forth the results of the inspection within 30 days after the vehicle is seized.

      3.  If the results of the report conclude that the number or mark in question has been falsely attached, removed, defaced, altered or obliterated and that there is no satisfactory evidence of ownership, the court shall declare the vehicle forfeited and proceed in the manner set forth in NRS 482.542.

      4.  A person must not be charged with any criminal act which caused a motor vehicle to be seized pursuant to paragraph (c) or (d) of subsection 1 until the report is completed pursuant to subsection 2.

      5.  As used in this section, “police officer” means:

      (a) Any peace officer of the Department;

      (b) Sheriffs of counties and officers of metropolitan police departments and their deputies; and

      (c) Marshals and policemen of cities and towns.

      Sec. 13.  NRS 482.544 is hereby amended to read as follows:

      482.544  [As used in NRS 482.544 to 482.554, inclusive, unless the context otherwise requires, “identification] “Identification number or mark” means:

      1.  The motor number, other distinguishing number or identification mark of a vehicle required or employed for purposes of registration; or

      2.  The identification number or other distinguishing number or identification mark of a vehicle or part of a motor vehicle that was placed or stamped on that vehicle or part by the manufacturer pursuant to federal law or regulations.

      Sec. 14.  NRS 482.545 is hereby amended to read as follows:

      482.545  It is unlawful for any person to commit any of the following acts:

      1.  To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the Department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.

 


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

ê2007 Statutes of Nevada, Page 2364 (Chapter 448, AB 141)ê

 

      2.  To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of title or other document of title knowing it to be fictitious or to have been cancelled, revoked, suspended or altered.

      3.  To lend to , or knowingly permit the use of by , one not entitled thereto any registration card or plate issued to the person so lending or permitting the use thereof.

      4.  To fail or to refuse to surrender to the Department, upon demand, any registration card or plate which has been suspended, cancelled or revoked as provided in this chapter.

      5.  To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in an application. A violation of this subsection is a gross misdemeanor.

      6.  Knowingly to operate a vehicle which:

      (a) Has an [altered] identification number or mark [; or] which has been falsely attached, removed, defaced, altered or obliterated; or

      (b) Contains a part which has an [altered] identification number or mark [.] which has been falsely attached, removed, defaced, altered or obliterated.

      Sec. 15.  NRS 482.551 is hereby amended to read as follows:

      482.551  1.  Except as otherwise provided in [subsections 3 and 4,] subsection 3, a person who knowingly:

      (a) Buys with the intent to resell;

      (b) Disposes of;

      (c) Sells; or

      (d) Transfers,

Ê [more than one] a motor vehicle or [parts from more than one] part from a motor vehicle that [have] has an identification number or mark that [is] has been falsely attached, removed, defaced, [destroyed or] altered or obliterated to misrepresent the identity or to prevent the identification of the motor [vehicles or parts of the motor vehicles,] vehicle or part from a motor vehicle 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 10 years, and may be further punished by a fine of not more than $60,000, or by both fine and imprisonment.

      2.  Except as otherwise provided in [subsections 3 and 4,] subsection 3 and section 7 of this act, or if a greater penalty is otherwise provided by law, a person who [knowingly possesses with the intent to sell, transfer, import or export more than one] takes possession of a motor vehicle or [parts from more than one] part from a motor vehicle knowing that [have] an identification number or mark [that is] has been falsely attached, removed, defaced, [destroyed or altered to misrepresent the identity or prevent the identification of the motor vehicles or parts of the motor vehicles, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $30,000.

      3.  The provisions of this section do not apply to a licensed automobile wrecker or salvage pool that in the normal, legal course of business and in good faith, processes a motor vehicle or part of a motor vehicle by crushing, compacting or using other similar methods to process the motor vehicle or part if:

 


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

ê2007 Statutes of Nevada, Page 2365 (Chapter 448, AB 141)ê

 

      (a) The identification number or mark of the motor vehicle or part of the motor vehicle was not defaced, destroyed or altered before the processing; or

      (b) The motor vehicle or part of the motor vehicle was obtained from a person described in subsection 4.

      4.] altered or obliterated is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment.

      3.  The provisions of this section do not apply to an owner of or person authorized to possess a motor vehicle or part of a motor vehicle:

      (a) If the motor vehicle or part of the motor vehicle was recovered by a law enforcement agency after having been stolen; [or]

      (b) If the condition of the identification number or mark of the motor vehicle or part of the motor vehicle is known to, or has been reported to, a law enforcement agency [.

      5.  For the purposes of this section:

      (a) “Automobile wrecker” means a person who obtains a license pursuant to NRS 487.050 to dismantle, scrap, process or wreck a vehicle.

      (b) “Salvage pool” has the meaning ascribed to it in subsection 2 of NRS 487.400.] ; or

      (c) If the motor vehicle or part from the motor vehicle has an identification number attached to it which has been assigned or approved by the Department in lieu of the original identification number or mark.

      Sec. 16.  NRS 482.553 is hereby amended to read as follows:

      482.553  1.  A person shall not intentionally remove, deface, [destroy or] alter or obliterate the identification number or mark of a vehicle or part [of] from a motor vehicle without written authorization from the Department, nor shall any person attach to or place or stamp upon a vehicle or the parts thereof any serial, motor or other number or mark [upon a vehicle or the parts thereof] except one assigned thereto by the Department.

      2.  This section does not prohibit the restoration by an owner of the original vehicle identification number or mark when the restoration is authorized by the Department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof.

      3.  The Department shall assign serial numbers to all homemade vehicles, and the serial numbers must be placed:

      (a) If an open trailer, on the left-hand side of the tongue of the trailer.

      (b) If an enclosed vehicle, on the pillar post for the left-hand door hinge [,] or , if such placement is not appropriate, then on the left-hand side of the fire wall, under the hood.

      4.  Any person who violates a provision of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $25,000.

________

 


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

ê2007 Statutes of Nevada, Page 2366ê

 

CHAPTER 449, SB 266

Senate Bill No. 266–Senator Horsford

 

Joint Sponsor: Assemblyman Parks

 

CHAPTER 449

 

AN ACT relating to public health; requiring certain prenatal tests for pregnant women under certain circumstances; requiring certain tests for the human immunodeficiency virus for pregnant women and newborn children under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 6 of this bill requires a provider of health care to ensure that a woman receives, as part of the routine prenatal care recommended for all pregnant women during the first trimester of pregnancy, a test for the human immunodeficiency virus unless the woman chooses not to be tested. Section 6 requires a provider of health care to ensure that a pregnant woman receives a test for human immunodeficiency virus during her third trimester if she receives health care in a jurisdiction with a high prevalence of human immunodeficiency virus or acquired immunodeficiency syndrome among women of child-bearing age or in a high-risk clinical setting or if she reports that she has one or more of the risk factors identified by the Centers for Disease Control and Prevention, unless the woman chooses not to be tested. Section 6 also requires a provider of health care to ensure that a pregnant woman receives a rapid test for the human immunodeficiency virus during childbirth if she has not been tested for the human immunodeficiency virus earlier during her pregnancy or the results of an earlier test are not available, unless the woman chooses not to be tested. If a rapid test is administered and the result of the rapid test is positive, the provider of health care must offer to initiate antiretroviral prophylaxis as soon as practicable without waiting for the results of any other test administered to confirm the result of the rapid test.

      Section 7 of this bill requires a provider of health care who attends or assists at the delivery of a child to ensure that a test for the human immunodeficiency virus is performed on the child if the mother has not been tested for the human immunodeficiency virus earlier during her pregnancy or the results of an earlier test are not available, unless a parent or legal guardian of the child objects that performance of the test is contrary to the religious beliefs of the parent or legal guardian.

      Section 10 of this bill requires a provider of health care to ensure that, before a woman or newborn child receives any test set forth in this bill, the woman or the parent or legal guardian of the newborn child receives a pamphlet containing information about the human immunodeficiency virus, the test offered pursuant to this bill, the right to refuse the test and other relevant information.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

 


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

ê2007 Statutes of Nevada, Page 2367 (Chapter 449, SB 266)ê

 

      Sec. 3.  “Provider of health care” means:

      1.  A provider of health care as defined in NRS 629.031;

      2.  A midwife; and

      3.  An obstetric center licensed pursuant to chapter 449 of NRS.

      Sec. 4.  “Rapid test for the human immunodeficiency virus” or “rapid test” means a test that:

      1.  Is used to detect the presence of antibodies to the human immunodeficiency virus; and

      2.  Provides a result in 30 minutes or less.

      Sec. 5.  1.  Any test for the human immunodeficiency virus, including, without limitation, a rapid test, that is used to carry out the provisions of sections 2 to 10, inclusive, of this act must be approved by the United States Food and Drug Administration.

      2.  Each test administered to a woman or performed on a child pursuant to the provisions of sections 2 to 10, inclusive, of this act must be administered or performed in accordance with:

      (a) The provisions of chapter 652 of NRS and any regulations adopted pursuant thereto; and

      (b) The Clinical Laboratory Improvement Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable.

      Sec. 6.  1.  A provider of health care who provides prenatal care to a woman during the first trimester of her pregnancy shall ensure that the woman receives, at her first visit or as soon thereafter as practicable, the routine prenatal screening tests recommended for all pregnant women by the Centers for Disease Control and Prevention, including, without limitation, a screening test for the human immunodeficiency virus, unless the woman chooses not to have a screening test for the human immunodeficiency virus or any of the other prenatal screening tests.

      2.  A provider of health care who provides prenatal care to a woman during the third trimester of her pregnancy shall ensure that the woman receives, between the 27th and the 36th week of gestation or as soon thereafter as practicable, a test for the human immunodeficiency virus if she:

      (a) Has not been tested for the human immunodeficiency virus earlier during her pregnancy or the results of an earlier test are not available; or

      (b) Is at high risk for infection with the human immunodeficiency virus,

Ê unless the woman chooses not to have such a test.

      3.  A provider of health care who attends or assists a woman during childbirth shall:

      (a) Ensure that the woman receives a rapid test for the human immunodeficiency virus if she has not been tested for the human immunodeficiency virus earlier during her pregnancy or the results of an earlier test are not available, unless the woman chooses not to have such a test; and

      (b) If the rapid test is administered and the result of the rapid test is positive for the presence of antibodies to the human immunodeficiency virus, offer to initiate antiretroviral prophylaxis to reduce the risk of perinatal transmission of the human immunodeficiency virus as soon as practicable after receiving the result of the rapid test and without waiting for the results of any other test administered to confirm the result of the rapid test.

 


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

ê2007 Statutes of Nevada, Page 2368 (Chapter 449, SB 266)ê

 

      4.  For the purposes of this section, a woman is at high risk for infection with the human immunodeficiency virus if she:

      (a) Receives health care in:

             (1) A jurisdiction that the Centers for Disease Control and Prevention has identified as having an elevated incidence of human immunodeficiency virus or acquired immunodeficiency syndrome among women between the ages of 15 and 45 years; or

             (2) A health care facility that, under the standards of the Centers for Disease Control and Prevention, is considered a high-risk clinical setting because prenatal screening has identified at least one pregnant woman who is infected with the human immunodeficiency virus for each 1,000 pregnant women screened at the facility; or

      (b) Reports having one or more of the risk factors for infection with the human immunodeficiency virus identified by the Centers for Disease Control and Prevention, including, without limitation:

             (1) Engaging in sexual activities with more than one person during the pregnancy without using effective measures to protect against the transmission of the human immunodeficiency virus.

             (2) Engaging in sexual activity with another person in exchange for money or other compensation.

             (3) Engaging in sexual activity with another person who is infected with the human immunodeficiency virus or who has one or more of the risk factors for infection with the human immunodeficiency virus identified by the Centers for Disease Control and Prevention.

             (4) Receiving treatment for a sexually transmitted disease.

             (5) Using a controlled substance or a dangerous drug.

             (6) Receiving a blood transfusion between 1978 and 1985, inclusive.

      5.  As used in this section, “dangerous drug” has the meaning ascribed to it in NRS 454.201.

      Sec. 7.  A provider of health care who attends or assists at the delivery of a child shall, if the mother has not been tested for the human immunodeficiency virus earlier during her pregnancy or the results of an earlier test are not available, ensure that a rapid test for the human immunodeficiency virus is performed on the child unless a parent or legal guardian of the child objects to the performance of the test because it is contrary to the religious beliefs of the parent or legal guardian.

      Secs. 8 and 9.  (Deleted by amendment.)

      Sec. 10.  A provider of health care shall ensure that, before a woman or newborn child receives any test that is used to carry out the provisions of sections 2 to 10, inclusive, of this act, the woman or the parent or legal guardian of the newborn child receives a pamphlet of information concerning:

      1.  The human immunodeficiency virus and acquired immunodeficiency syndrome;

      2.  The test that will be administered pursuant to sections 2 to 10, inclusive, of this act and the benefits and consequences of the test;

      3.  Transmission of the human immunodeficiency virus and how to prevent its transmission;

      4.  If the pamphlet is for a woman being tested pursuant to section 6 of this act, the right of a woman to refuse a test;

 


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

ê2007 Statutes of Nevada, Page 2369 (Chapter 449, SB 266)ê

 

      5.  If the pamphlet is for the parent or legal guardian of a newborn child being tested pursuant to section 7 of this act, the right of the parent or legal guardian to object to a test of a newborn child because it is contrary to the religious beliefs of the parent or legal guardian; and

      6.  Any other information recommended by the Department or the Centers for Disease Control and Prevention of the United States Department of Health and Human Services that the provider of health care determines useful.

________

 

CHAPTER 450, SB 244

Senate Bill No. 244–Senator Nolan

 

CHAPTER 450

 

AN ACT relating to emergency medical services; requiring the State Board of Health to develop a system of collecting data relating to waiting times at hospitals; requiring hospitals and providers of emergency medical services in certain counties to participate in the collection of data; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that hospitals and providers of emergency medical services are required to transfer a person who arrives at the hospital by an ambulance, air ambulance or vehicle of a fire-fighting agency to an appropriate place in the hospital to receive emergency services and care within 30 minutes after the time at which the person arrives at the hospital. Existing law also requires the Health Division of the Department of Health and Human Services to adopt regulations concerning the manner in which hospitals and providers of emergency medical care shall track the time elapsed from when a person arrives at the hospital to the time the person is transferred to an appropriate place to receive care. (NRS 450B.790) Senate Bill No. 458 of the 2005 Legislative Session enacted the statutory requirement for tracking wait times and also required the Health Division to conduct a study to identify both the causes of excessive waiting times and any corrective actions that might eliminate excessive waiting times. The provisions requiring the study expired by limitation on December 31, 2006. (Chapter 382, Statutes of Nevada 2005, pp. 1475-77)

      Section 1 of this bill requires the State Board of Health to develop a system of collecting data concerning the waiting times. Section 1 also requires hospitals and providers of emergency medical services in each county whose population is 400,000 or more to collect certain data relating to waiting times. In counties whose population is 100,000 or more but less than 400,000, the Board may require the collection of data if there are excessive waiting times at one or more hospitals in the county. Section 2 of this bill eliminates the requirement that the Health Division adopt regulations relating to the tracking of waiting times.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Board of Health shall collect data, in accordance with the system that is developed by the Board pursuant to subsection 5, concerning the waiting times for the provision of emergency services and care to each person who is in need of such services and care and who is transported to a hospital by a provider of emergency medical services.

 


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ê2007 Statutes of Nevada, Page 2370 (Chapter 450, SB 244)ê

 

concerning the waiting times for the provision of emergency services and care to each person who is in need of such services and care and who is transported to a hospital by a provider of emergency medical services.

      2.  Each hospital and each provider of emergency medical services in a county whose population is 400,000 or more shall participate in the collection of data pursuant to this section by collecting data, in accordance with the system that is developed by the State Board of Health pursuant to subsection 5, concerning the waiting times for the provision of emergency services and care to each person who is in need of such services and care and who is transported to a hospital by a provider of emergency medical services.

      3.  Except as otherwise provided in subsection 4, the hospitals and the providers of emergency medical services in a county whose population is less than 400,000 are not required to participate in the collection of data pursuant to this section unless the county health officer, each hospital and each provider of emergency medical services in the county agree in writing that the county will participate in the collection of data. The county health officer shall submit the written agreement to the State Board of Health.

      4.  If the State Board of Health determines, in a county whose population is 100,000 or more but less than 400,000, that there are excessive waiting times at one or more hospitals in the county for the provision of emergency services and care to persons who are in need of such services and care and who have been transported to the hospital by a provider of emergency medical services, the State Board of Health may require the county to implement a system of collecting data pursuant to subsection 5 concerning the extent of waiting times and the circumstances surrounding such waiting times.

      5.  For the purpose of collecting data pursuant to this section, the State Board of Health shall develop a system of collecting data concerning the waiting times of persons for the provision of emergency services and care at a hospital and the surrounding circumstances for such waiting times each time a person is transported to a hospital by a provider of emergency medical services. The system must include, without limitation, an electronic method of recording and collecting the following information:

      (a) The time at which a person arrives at the hospital, which is the time that the person is presented to the emergency room of the hospital;

      (b) The time at which the person is transferred to an appropriate place in the hospital to receive emergency services and care, which is the time that the person is physically present in the appropriate place and the staff of the emergency room of the hospital have received a report concerning the transfer of the person;

      (c) If a person is not transferred to an appropriate place in the hospital to receive emergency services and care within 30 minutes after arriving at the hospital, information detailing the reason for such delay, which may be selected from a predetermined list of possible reasons that are available for selection in the electronic system;

      (d) A unique identifier that is assigned to each transfer of a person to a hospital by a provider of emergency medical services which allows the transfer to be identified and reviewed; and

 


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ê2007 Statutes of Nevada, Page 2371 (Chapter 450, SB 244)ê

 

      (e) The names of the personnel of the provider of emergency medical services who transported the person to the hospital and of the personnel of the hospital who are responsible for the care of the person after the person arrives at the hospital.

      6.  The State Board of Health shall ensure that:

      (a) The data collected pursuant to subsection 5 is reported to the Health Division on a quarterly basis;

      (b) The data collected pursuant to subsection 5 is available to any person or entity participating in the collection of data pursuant to this section; and

      (c) The system of collecting data developed pursuant to subsection 5 and all other aspects of the collection comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

      7.  The State Board of Health shall appoint for each county in which hospitals and providers of emergency medical services are participating in the collection of data pursuant to this section an advisory committee consisting of the health officer of the county, a representative of each hospital in the county and a representative of each provider of emergency medical services in the county. Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses for his service on the advisory committee. Each advisory committee shall:

      (a) Meet not less than once each calendar quarter;

      (b) Review the data that is collected for the county and submitted to the State Board of Health concerning the waiting times for the provision of emergency services and care, the manner in which such data was collected and any circumstances surrounding such waiting times;

      (c) Review each incident in which a person was transferred to an appropriate place in a hospital to receive emergency services and care more than 30 minutes after arriving at the hospital; and

      (d) Submit a report of its findings to the State Board of Health.

      8.  The State Board of Health may delegate its duties set forth in this section to:

      (a) The district board of health in a county whose population is 400,000 or more.

      (b) The county or district board of health in a county whose population is less than 400,000.

      9.  The State Board of Health or any county or district board of health that is performing the duties of the State Board of Health pursuant to subsection 8 shall submit a quarterly report to the Legislative Committee on Health Care, which must include a written compilation of the data collected pursuant to this section.

      10.  The State Board of Health may require each hospital and provider of emergency medical services located in a county that participates in the collection of data pursuant to this section to share in the expense of purchasing hardware, software, equipment and other resources necessary to carry out the collection of data pursuant to this section.

      11.  The State Board of Health shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations prescribing the duties and responsibilities of each:

      (a) County or district board of health that is performing the duties of the State Board of Health pursuant to subsection 8;

 


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ê2007 Statutes of Nevada, Page 2372 (Chapter 450, SB 244)ê

 

      (b) Hospital located in a county that participates in the collection of data pursuant to this section; and

      (c) Provider of emergency medical services located in a county whose population is less than 400,000 that participates in the collection of data pursuant to this section.

      12.  The district board of health in each county whose population is 400,000 or more shall adopt regulations consistent with subsection 11 for providers of emergency medical services located in the county to carry out the provisions of this section.

      13.  The State Board of Health may, in consultation with each hospital and provider of emergency medical services located in a county that participates in the collection of data pursuant to this section, submit a written request to the Director of the Legislative Counsel Bureau for transmission to a regular session of the Legislature for the repeal of this section. Such a written request must include the justifications and reasons for requesting the termination of the collection of data pursuant to this section.

      14.  As used in this section:

      (a) “Emergency services and care” has the meaning ascribed to it in NRS 439B.410.

      (b) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (c) “Provider of emergency medical services” means each operator of an ambulance and each fire-fighting agency which has a permit to operate pursuant to this chapter and which provides transportation for persons in need of emergency services and care to hospitals.

      Sec. 2.  NRS 450B.790 is hereby amended to read as follows:

      450B.790  1.  Each hospital in this State which receives a person in need of emergency services and care who has been transported to the hospital by [an ambulance, air ambulance or vehicle of a fire-fighting agency that has a permit to operate pursuant to this chapter] a provider of emergency medical services shall ensure that the person is transferred to a bed, chair, gurney or other appropriate place in the hospital to receive emergency services and care as soon as practicable, but not later than 30 minutes after the time at which the person arrives at the hospital.

      2.  [The Health Division shall adopt regulations concerning the manner in which a hospital and an attendant responsible for the care of a person in need of emergency services and care during transport to the hospital shall determine and track the time at which a person arrives at a hospital and the time at which the person is transferred to an appropriate place in the hospital to receive emergency services and care for the purposes of this section. The regulations must provide that:

      (a) The time at which a person arrives at a hospital is the time at which he is presented to the emergency room of the hospital; and

      (b) The time at which the person is transferred to an appropriate place in the hospital to receive emergency services and care is the time at which the person is physically in that place and the staff of the emergency room of the hospital have received a report concerning the person.

      3.] This section does not create a duty of care and is not a ground for civil or criminal liability.

      [4.] 3.  As used in this section:

      (a) “Emergency services and care” has the meaning ascribed to it in NRS 439B.410.

 


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ê2007 Statutes of Nevada, Page 2373 (Chapter 450, SB 244)ê

 

      (b) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (c) “Provider of emergency medical services” means each operator of an ambulance and each fire-fighting agency which has a permit to operate pursuant to this chapter and which provides transportation for persons in need of emergency services and care to hospitals.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 451, SB 185

Senate Bill No. 185–Committee on Finance

 

CHAPTER 451

 

AN ACT relating to education; revising provisions governing the award of grants from the Account for Programs for Innovation and the Prevention of Remediation by the Commission on Educational Excellence; requiring the Commission to report certain information concerning allocations from the Account; revising provisions governing the use of money in the Account; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Commission on Educational Excellence is required to establish a program of educational excellence for pupils enrolled in kindergarten through grade 6 in public schools. The Commission is authorized to allocate grants of money from the Account for Programs for Innovation and the Prevention of Remediation in the State General Fund to school districts and public schools for certain programs designed for the achievement of pupils and for innovative programs. (NRS 385.3781-385.379)

      Section 2 of this bill requires the Commission to establish guidelines for reviewing, evaluating and approving applications for grants of money from the Account. Section 2 directs that the guidelines include consideration of the list of priorities of schools provided to the Commission by the Department of Education and revises the contents of that list. Section 2 also requires each school district to provide assistance, upon the request of a public school within the school district, in the development of an application for a grant. Section 2 provides that the Commission shall not award a grant of money from the Account for a program of full-day kindergarten. Section 3 of this bill identifies specific information relating to allocations from the Account that the Commission is required to include in its annual report on the Account.

      Section 4 of this bill places a limitation on the amount of money that may be expended from the Account each biennium for expenses incurred by members of the Commission to travel to the school districts and schools that receive allocations from the Account. Section 4 also authorizes the Commission to spend a maximum amount of money from the Account each biennium for: (1) the costs incurred by the Commission to hold meetings and conferences for recipients of allocations from the Account to discuss or display effective programs, practices and strategies; and (2) an evaluation of the programs that received allocations from the Account by an independent consultant.

 


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ê2007 Statutes of Nevada, Page 2374 (Chapter 451, SB 185)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.3784 is hereby amended to read as follows:

      385.3784  1.  The Commission on Educational Excellence, consisting of nine members is hereby created. The Superintendent of Public Instruction shall serve as an ex officio voting member of the Commission. The Governor shall appoint the following members to the Commission:

      (a) Three teachers, two of whom have experience in providing instruction at public elementary schools and who have been successful in school improvement efforts and one of whom has experience in providing instruction at secondary schools and who has been successful in school improvement efforts;

      (b) Two principals, one of whom has experience in administering successful school improvement efforts at an elementary school and one of whom has experience in administering successful school improvement efforts at a secondary school;

      (c) Two school district administrators, one of whom is employed by a school district in a county whose population is less than 100,000 and one of whom is employed by a school district in a county whose population is 100,000 or more; and

      (d) One parent or legal guardian of a pupil enrolled in a public school in this State. The parent must not be employed by the board of trustees of a school district or the governing body of a charter school.

Ê One or more of the members appointed pursuant to this subsection may be retired from employment, but those retired members that are appointed must have been employed with a public school in this State in the immediately preceding 5 years.

      2.  The Governor may solicit recommendations for appointments pursuant to this section from the Nevada State Education Association, the Nevada Association of School Administrators, a statewide organization for parents of pupils, the Statewide Council for the Coordination of the Regional Training Programs and other organizations and entities related to education in this State. The Governor may consider the recommendations submitted and may make appointments from those recommendations. The Governor shall appoint a Chairman from among the members he appoints.

      3.  After the initial terms, the term of each appointed member of the Commission is 2 years, commencing on January 1 of the year in which he is appointed and expiring on December 31 of the immediately following year. A member shall continue to serve on the Commission until his successor is appointed. Upon the expiration of a term of a member, he may be reappointed if he still possesses any requisite qualifications for appointment. There is no limit on the number of terms that a member may serve.

      4.  The Commission shall hold at least four regular meetings each year and may hold special meetings at the call of the Chairman.

      5.  Members of the Commission serve without compensation, except that for each day or portion of a day during which a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. [The] Except as limited by paragraph (a) of subsection 3 of NRS 385.379, the per diem allowances and travel expenses must be paid from the Account and accounted for separately in that Account.

 


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ê2007 Statutes of Nevada, Page 2375 (Chapter 451, SB 185)ê

 

Account and accounted for separately in that Account. In addition, money in the Account may be used to pay compensation necessary for the employment of substitute teachers who are hired on those days when a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission.

      6.  The Department shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

Ê as is necessary for the Commission to carry out its duties.

      7.  The Legislative Counsel Bureau:

      (a) Must be provided with adequate notice of each meeting of the Commission; and

      (b) Shall provide, as requested by the Committee, technical expertise and assistance to the Commission.

      Sec. 2.  NRS 385.3785 is hereby amended to read as follows:

      385.3785  1.  The Commission shall:

      (a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:

             (1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;

             (2) The plan to improve the achievement of pupils prepared by the board of trustees of each school district pursuant to NRS 385.348;

             (3) The plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation; and

             (4) Any other information that the Commission considers relevant to the development of the program of educational excellence.

      (b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      (c) Develop a concise application and simple procedures for the submission of applications by [school districts and] public schools [,] and a consortium of public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both. The Commission shall not award a grant of money from the Account for a program to provide full-day kindergarten. All [school districts and] public schools [,] and a consortium of public schools, including, without limitation, charter schools, are eligible to submit such an application, regardless of whether the [school district or school has] schools have made adequate yearly progress or failed to make adequate yearly progress. A [school district or] public school or a consortium of public schools selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.

      (d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from [school districts and] public schools and consortiums of public schools that desire to participate in the program.

      (e) Establish guidelines for the review, evaluation and approval of applications for grants of money from the Account, including, without limitation, consideration of the list of priorities of schools provided by the Department pursuant to subsection 4.

 


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ê2007 Statutes of Nevada, Page 2376 (Chapter 451, SB 185)ê

 

limitation, consideration of the list of priorities of schools provided by the Department pursuant to subsection 4. To ensure consistency in the review, evaluation and approval of applications, if the guidelines authorize the review and evaluation of applications by less than the entire membership of the Commission, money must not be allocated from the Account for a grant until the entire membership of the Commission has reviewed and approved the application for the grant.

      (f) Prescribe accountability measures to be carried out by a [school district or] public school that participates in the program if that [school district or] public school does not meet the annual measurable objectives established by the State Board pursuant to NRS 385.361, including, without limitation:

             (1) The specific levels of achievement expected of [school districts and] schools that participate; and

             (2) Conditions for [school districts and] schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.

      [(f)] (g) Determine the amount of money that is available from the Account for those [school districts and] public schools that are selected to participate in the program.

      [(g)] (h) Allocate money to [school districts and] public schools from the Account. Allocations must be distributed not later than August 15 of each year.

      [(h)] (i) Establish criteria for [school districts and] public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:

             (1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in the plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;

             (2) [If applicable, the achievement of pupils enrolled in the school district as a whole, based upon measurable criteria identified in the plan to improve the achievement of pupils for the school district prepared pursuant to NRS 385.348;

             (3)] If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;

             [(4)] (3) The implementation of the applicable plans for improvement, including, without limitation, an analysis of whether the [school district or the] school is meeting the measurable objectives identified in the plan; and

             [(5)] (4) The attainment of measurable progress on the annual list of adequate yearly progress of school districts and schools.

      2.  To the extent money is available, the Commission shall make allocations of money to [school districts and] public schools and consortiums of public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of subsection 1.

 


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ê2007 Statutes of Nevada, Page 2377 (Chapter 451, SB 185)ê

 

      3.  If a [school district or] public school that receives money pursuant to subsection 1 or 2 [does] :

      (a) Does not meet the criteria for effectiveness as prescribed in paragraph [(h)] (i) of subsection 1 ;

      (b) Does not, as a result of the program for which the grant of money was awarded, show improvement in the achievement of pupils, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379; or

      (c) Does not implement the program for which the money was received, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379,

Ê over a 2-year period, the Commission may consider not awarding future allocations of money to that [school district or] public school [.] or consortium of public schools.

      4.  On or before July 1 of each year, the Department shall provide a list of priorities of schools [based upon the] that indicates:

      (a) The adequate yearly progress status of schools in the immediately preceding year ; and

      (b) The schools that are considered Title I eligible by the Department based upon the poverty level of the pupils enrolled in a school in comparison to the poverty level of the pupils in the school district as a whole,

Ê for consideration by the Commission in its development of procedures for the applications.

      5.  A public school, including, without limitation, a charter school, or a consortium of public schools may request assistance from the school district in which the school is located in preparing an application for a grant of money pursuant to this section. A school district shall assist each public school or consortium of public schools that requests assistance pursuant to this subsection to ensure that the application of the school:

      (a) Is based directly upon the plan to improve the achievement of pupils prepared for the school pursuant to NRS 385.357;

      (b) Is developed in accordance with the criteria established by the Commission; and

      (c) Is complete and complies with all technical requirements for the submission of an application.

Ê A school district may make recommendations to the individual schools and consortiums of schools. Such schools and consortiums of schools are not required to follow the recommendations of a school district.

      6.  In carrying out the requirements of this section, the Commission shall review and consider the programs of remedial study adopted by the Department pursuant to NRS 385.389, the list of approved providers of supplemental services maintained by the Department pursuant to NRS 385.384 and the recommendations submitted by the Committee pursuant to NRS 218.5354 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      7.  If a consortium of public schools is formed for the purpose of submitting an application pursuant to this section, the public schools within the consortium do not need to be located within the same school district.

 


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ê2007 Statutes of Nevada, Page 2378 (Chapter 451, SB 185)ê

 

      Sec. 2.5.  NRS 385.3787 is hereby amended to read as follows:

      385.3787  1.  A [school district or] public school or consortium of public schools that receives an allocation of money from the Account shall:

      (a) Account for the money separately;

      (b) Use the money to supplement and not replace the money that would otherwise be expended by the school district or public school for the achievement of pupils in kindergarten through grade 6 or pupils in grades 7 through 12, as applicable; and

      (c) Submit an evaluation of the effectiveness of the allocation in improving the achievement of pupils in kindergarten through grade 6 or pupils in grades 7 through 12, as applicable, in accordance with the criteria for evaluation established by the Commission pursuant to NRS 385.3785.

      2.  A [school district or] public school or consortium of schools that receives an allocation of money from the Account shall not:

      (a) Use the money to settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district or public school and the school district or public school, as applicable.

      (b) Use the money to adjust the schedules of salaries and benefits of the employees of the school district or public school, as applicable.

      Sec. 3.  NRS 385.3789 is hereby amended to read as follows:

      385.3789  1.  The Commission shall prepare an annual report that describes the distribution of money to the [school districts and] public schools and consortiums of public schools and the programs for which money was allocated from the Account [.] , including, without limitation, the total amount of money allocated:

      (a) To each consortium of public schools, with a designation of which public schools are included in each consortium;

      (b) To each public school;

      (c) To schools included on the list of priorities of schools provided by the Department pursuant to NRS 385.3785;

      (d) For programs that provide services directly to pupils for remediation and innovation, including, without limitation, instruction, instructional materials and support materials;

      (e) For programs that provide instructional support and have an indirect effect on pupils, including, without limitation, the provision of professional development for educational personnel and the employment of administrators; and

      (f) For each program, including, without limitation:

             (1) A description of the program, including, without limitation, whether the program is available commercially;

             (2) Whether the Commission considers the program to be innovative;

             (3) Whether the program includes the provision of professional development other than professional development that is related to carrying out a program that provides services directly to pupils;

             (4) The costs to implement the program; and

             (5) The full-time personnel necessary to implement the program, if any.

Ê The report must be submitted on or before September 1 of each year to the entities identified in subsection 3.

 


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ê2007 Statutes of Nevada, Page 2379 (Chapter 451, SB 185)ê

 

      2.  The Commission shall:

      (a) Prepare an annual report that describes:

             (1) The activities of the Commission;

             (2) An analysis of the progress of the [school districts and] public schools in carrying out the plans to improve the achievement of pupils; and

             (3) An analysis of the progress of the [school district and] public schools that received an allocation of money from the Account in improving the achievement of pupils.

      (b) Submit the report on or before January 31 of each year to the entities identified in subsection 3.

      3.  The Commission shall submit the reports required by this section to the:

      (a) State Board;

      (b) Governor;

      (c) Committee;

      (d) Bureau;

      (e) Interim Finance Committee; and

      (f) Board of trustees of each school district.

      4.  The Legislative Auditor shall audit biennially the programs for which schools and consortiums of schools receive an allocation of money. The audit may include a representative sample of programs, based upon geographic location and type of program. The Legislative Auditor shall report the results of each biennial audit to the entities prescribed in subsection 3.

      Sec. 4.  NRS 385.379 is hereby amended to read as follows:

      385.379  1.  The Account for Programs for Innovation and the Prevention of Remediation is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2 [.] or 3. The interest and income earned on the money in the Account must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  [The] Except as otherwise provided in NRS 385.3784 and subsection 3, the money in the Account may only be used for the allocation of money to [school districts and] public schools and consortiums of public schools whose applications are approved by the Commission pursuant to NRS 385.3785.

      3.  Upon the request of the Commission:

      (a) Not more than $50,000 in the Account may be used each biennium to pay:

             (1) The expenses incurred by members of the Commission to travel to the public schools and consortiums of public schools that received allocations of money from the Account; and

             (2) The costs incurred by the Commission to hold meetings or conferences for representatives of public schools and consortiums of schools that received allocations of money from the Account to discuss or display, or both, programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

 


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ê2007 Statutes of Nevada, Page 2380 (Chapter 451, SB 185)ê

 

      (b) Not more than $450,000 in the Account may be used each biennium to pay for an evaluation of the programs for which money was allocated from the Account. If the Commission uses money in the Account for such an evaluation, the Commission shall ensure that:

             (1) A request for proposals is issued and a qualified, independent consultant is selected to conduct the evaluation;

             (2) Upon selection of the consultant, the Commission receives approval of the consultant and the plan for the evaluation from the Committee;

             (3) The evaluation is designed to determine the effectiveness of the programs for which money was allocated from the Account in improving achievement of pupils;

             (4) The evaluation includes an identification of the programs for which money was allocated from the Account that did not improve the achievement of pupils as described in the approved application for the grant;

             (5) The evaluation includes an identification of the public schools and consortiums of public schools that did not implement the programs for which money was allocated from the Account as described in the approved application for the grant; and

             (6) The evaluation includes a compilation and review of each evaluation required to be submitted by public schools and consortiums of public schools pursuant to NRS 385.3787.

      Sec. 5.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 452, SB 171

Senate Bill No. 171–Senators Heck, Townsend, Washington, Nolan, Hardy, Beers, Cegavske, Raggio and Rhoads

 

Joint Sponsors: Assemblymen Gansert, Hardy, Marvel, Beers, Horne, Mabey, Manendo, Settelmeyer and Stewart

 

CHAPTER 452

 

AN ACT relating to health; creating the Nevada Academy of Health; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      This bill creates the Nevada Academy of Health and authorizes the Legislative Committee on Health Care, which is established pursuant to NRS 439B.200, to prescribe certain duties and make various requests of the Academy. This bill expires by limitation on June 30, 2009.

 


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ê2007 Statutes of Nevada, Page 2381 (Chapter 452, SB 171)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby established the Nevada Academy of Health consisting of 14 members as follows:

      (a) The Director or his designee;

      (b) One member who represents the Nevada System of Higher Education appointed by the Board of Regents of the University of Nevada;

      (c) Six members appointed by the Governor;

      (d) Two members appointed by the Majority Leader of the Senate;

      (e) Two members appointed by the Speaker of the Assembly;

      (f) One member appointed by the Minority Leader of the Senate; and

      (g) One member appointed by the Minority Leader of the Assembly.

      2.  The members appointed to the Academy pursuant to subsection 1 must not be legislators and, to the extent practicable, must:

      (a) Represent agencies and organizations that provide education or training for providers of health care;

      (b) Be advocates for the rights of patients;

      (c) Be recognized academic scholars; or

      (d) Be members of the general public who have specialized knowledge and experience that are beneficial to the Academy.

      3.  The Chairman of the Academy must be elected from among the members of the Academy.

      4.  Each member of the Academy who is not an officer or employee of the State serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

      5.  Each member of the Academy who is an officer or employee of the State must be relieved from his duties without loss of his regular compensation so that he may attend meetings of the Committee or the Academy and is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency that employs him.

      6.  A vacancy occurring in the membership of the Academy must be filled in the same manner as the original appointment. A member of the Academy may be reappointed.

      7.  The Academy shall:

      (a) Perform any duties prescribed by, and comply with all requests from, the Committee;

      (b) Study issues relating to health care in this State, including, without limitation, medical and clinical research and the education and training of providers of health care;

      (c) Establish standards and goals concerning the provision of health care which are measurable and regularly evaluated;

      (d) Analyze and evaluate data relating to health care that is created, collected or reviewed by the Committee and the Department;

      (e) Promote cooperation between the public and private sectors, including the transfer of technology used to provide health care and the establishment of business partnerships that promote economic development in this State;

 


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ê2007 Statutes of Nevada, Page 2382 (Chapter 452, SB 171)ê

 

      (f) Provide recommendations to the Governor and the Legislature concerning the establishment of a statewide biomedical and health research program;

      (g) Provide to the Committee:

             (1) Such assistance and technical expertise on matters relating to health care as the Committee may request; and

             (2) Advice and recommendations from consumers of health care; and

      (h) Provide to the Department, at the direction of the Committee:

             (1) Technical expertise in matters relating to health care; and

             (2) Advice and recommendations from consumers of health care.

      8.  The Academy may appoint advisory committees if necessary or appropriate to assist the Academy in carrying out the provisions of this section.

      9.  The Academy may accept gifts, grants and donations of money from any source to carry out the provisions of this section.

      Sec. 2.  NRS 439B.220 is hereby amended to read as follows:

      439B.220  The Committee may:

      1.  Review and evaluate the quality and effectiveness of programs for the prevention of illness.

      2.  Review and compare the costs of medical care among communities in Nevada with similar communities in other states.

      3.  Analyze the overall system of medical care in the State to determine ways to coordinate the providing of services to all members of society, avoid the duplication of services and achieve the most efficient use of all available resources.

      4.  Examine the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of these services.

      5.  Examine hospitals to:

      (a) Increase cooperation among hospitals;

      (b) Increase the use of regional medical centers; and

      (c) Encourage hospitals to use medical procedures which do not require the patient to be admitted to the hospital and to use the resulting extra space in alternative ways.

      6.  Examine medical malpractice.

      7.  Examine the system of education to coordinate:

      (a) Programs in health education, including those for the prevention of illness and those which teach the best use of available medical services; and

      (b) The education of those who provide medical care.

      8.  Review competitive mechanisms to aid in the reduction of the costs of medical care.

      9.  Examine the problem of providing and paying for medical care for indigent and medically indigent persons, including medical care provided by physicians.

      10.  Examine the effectiveness of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services, and its effect on the subjects listed in subsections 1 to 9, inclusive.

 


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ê2007 Statutes of Nevada, Page 2383 (Chapter 452, SB 171)ê

 

      11.  Determine whether regulation by the State will be necessary in the future by examining hospitals for evidence of:

      (a) Degradation or discontinuation of services previously offered, including without limitation, neonatal care, pulmonary services and pathology services; or

      (b) A change in the policy of the hospital concerning contracts,

Ê as a result of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services.

      12.  Study the effect of the acuity of the care provided by a hospital upon the revenues of the hospital and upon limitations upon that revenue.

      13.  Review the actions of the Director in administering the provisions of this chapter and adopting regulations pursuant to those provisions. The Director shall report to the Committee concerning any regulations proposed or adopted pursuant to this chapter.

      14.  Identify and evaluate, with the assistance of an advisory group, the alternatives to institutionalization for providing long-term care, including, without limitation:

      (a) An analysis of the costs of the alternatives to institutionalization and the costs of institutionalization for persons receiving long-term care in this State;

      (b) A determination of the effects of the various methods of providing long-term care services on the quality of life of persons receiving those services in this State;

      (c) A determination of the personnel required for each method of providing long-term care services in this State; and

      (d) A determination of the methods for funding the long-term care services provided to all persons who are receiving or who are eligible to receive those services in this State.

      15.  Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to integrate and coordinate acute care services provided through Medicare and long-term care services provided through Medicaid in this State.

      16.  Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to eliminate the requirement that elderly persons in this State impoverish themselves as a condition of receiving assistance for long-term care.

      17.  Conduct investigations and hold hearings in connection with its review and analysis.

      18.  Apply for any available grants and accept any gifts, grants or donations to aid the Committee in carrying out its duties pursuant to this chapter.

      19.  Direct the Legislative Counsel Bureau to assist in its research, investigations, review and analysis.

      20.  Recommend to the Legislature as a result of its review any appropriate legislation.

      21.  Prescribe duties and make requests, in addition to those set forth in section 1 of this act, of the Nevada Academy of Health established pursuant to that section.

      Sec. 3.  1.  The members of the Nevada Academy of Health must be appointed to terms that end on June 30, 2009.

      2.  It is the intent of the members of the 74th Session of the Legislature that if the expiration of this act on June 30, 2009, does not occur because of subsequent revisions by the 75th Session of the Legislature, that the terms of the members of the Nevada Academy of Health be established as 3-year terms.

 


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ê2007 Statutes of Nevada, Page 2384 (Chapter 452, SB 171)ê

 

subsequent revisions by the 75th Session of the Legislature, that the terms of the members of the Nevada Academy of Health be established as 3-year terms.

      Sec. 4.  This act becomes effective on July 1, 2007, and expires by limitation on June 30, 2009.

________

 

CHAPTER 453, SB 166

Senate Bill No. 166–Senator Mathews

 

CHAPTER 453

 

AN ACT relating to schools; requiring school districts to pay increased salaries to certain professional school library media specialists who hold certain national certification; requiring related information to be included in the annual budget report of each school district; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a school district is required to pay increased salaries to those teachers and speech pathologists it employs who satisfy certain requirements, including the holding of certain national certification. (NRS 391.160) This bill provides for the payment of similar increased salaries for professional school library media specialists who satisfy certain similar requirements, including the holding of certain national certification.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.303 is hereby amended to read as follows:

      387.303  1.  Not later than November 10 of each year, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:

      (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

      (c) The school district’s actual expenditures in the fiscal year immediately preceding the report.

      (d) The school district’s proposed expenditures for the current fiscal year.

 


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ê2007 Statutes of Nevada, Page 2385 (Chapter 453, SB 166)ê

 

      (e) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

      (f) The number of [teachers] employees who received an increase in salary pursuant to subsection 2 , 3 or 4 of NRS 391.160 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.

      (g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      (h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

      (i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

      (j) The expenditures from the account created pursuant to subsection 3 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.

      2.  On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each school district pursuant to subsection 1.

      3.  The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the State Distributive School Account for the preceding year.

      Sec. 2.  NRS 391.160 is hereby amended to read as follows:

      391.160  1.  The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

      2.  Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

      (a) On or before January 31 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and

      (b) The teacher is assigned by the school district to provide classroom instruction during that school year.

 


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ê2007 Statutes of Nevada, Page 2386 (Chapter 453, SB 166)ê

 

Ê No increase in salary may be given pursuant to this subsection during a particular school year to a teacher who submits evidence of certification after January 31 of that school year. For the first school year that a teacher submits evidence of his current certification, the board of trustees of the school district to whom the evidence was submitted shall pay the increase in salary required by this subsection retroactively to the beginning of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.

      3.  Each year when determining the salary of a person who is employed by a school district as a speech pathologist, the school district shall add 5 percent to the salary that the employee would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

      (a) On or before September 15 of the school year, the employee has submitted evidence satisfactory to the school district of his:

             (1) Licensure as a speech pathologist by the Board of Examiners for Audiology and Speech Pathology; and

             (2) Certification as being clinically competent in speech-language pathology by:

                   (I) The American Speech-Language-Hearing Association; or

                   (II) A successor organization to the American Speech-Language-Hearing Association that is recognized and determined to be acceptable by the Board of Examiners for Audiology and Speech Pathology; and

      (b) The employee is assigned by the school district to serve as a speech pathologist during the school year.

Ê No increase in salary may be given pursuant to this subsection during a particular school year to an employee who submits evidence of licensure and certification after September 15 of that school year. Once an employee has submitted evidence of such licensure and certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the employee may otherwise be entitled.

      4.  Each year when determining the salary of a person who is employed by a school district as a professional school library media specialist, the school district shall add 5 percent to the salary that the employee would otherwise receive in 1 year for his classification on the schedule of salaries of the school district if:

      (a) On or before September 15 of the school year, the employee has submitted evidence satisfactory to the school district of his current certification as a professional school library media specialist issued by the National Board for Professional Teaching Standards; and

      (b) The employee is assigned by the school district to serve as a professional school library media specialist during that school year.

Ê No increase in salary may be given pursuant to this subsection during a particular school year to an employee who submits evidence of certification after September 15 of that school year. Once an employee has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the employee may otherwise be entitled.

 


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ê2007 Statutes of Nevada, Page 2387 (Chapter 453, SB 166)ê

 

increase in salary given in accordance with this subsection is in addition to any other increase to which the employee may otherwise be entitled.

      5.  In determining the salary of a licensed teacher who is employed by a school district after the teacher has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection [7:] 8:

      (a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment;

      (b) Give the teacher credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a); and

      (c) Place the teacher on the schedule of salaries of the school district in a classification that is commensurate with the level of education acquired by the teacher, as set forth in the applicable negotiated agreement with the present employer.

      [5.] 6.  A school district may give the credit required by subsection [4] 5 for previous teaching service earned in another state if the Commission has approved the standards for licensing teachers of that state. The Commission shall adopt regulations that establish the criteria by which the Commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the Commission has authorized reciprocal licensure of educational personnel from the state under consideration.

      [6.] 7.  In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection [7:] 8:

      (a) Give the administrator the same credit for previous administrative service as he was receiving from his former employer, at the end of his former employment;

      (b) Give the administrator credit for his final year of service with his former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and

      (c) Place the administrator on the schedule of salaries of the school district in a classification that is comparable to the classification the administrator had attained on the schedule of salaries of his former employer.

      [7.] 8.  This section does not:

      (a) Require a school district to allow a teacher or administrator more credit for previous teaching or administrative service than the maximum credit for teaching or administrative experience provided for in the schedule of salaries established by it for its licensed personnel.

      (b) Permit a school district to deny a teacher or administrator credit for his previous teaching or administrative service on the ground that the service differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.

      [8.] 9.  As used in this section:

      (a) “Previous administrative service” means the total of:

             (1) Any period of administrative service for which an administrator received credit from his former employer at the beginning of his former employment; and

             (2) His period of administrative service in his former employment.

 


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ê2007 Statutes of Nevada, Page 2388 (Chapter 453, SB 166)ê

 

      (b) “Previous teaching service” means the total of:

             (1) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

             (2) His period of teaching service in his former employment.

      Sec. 3.  (Deleted by amendment.)

      Sec. 3.5.  1.  There is hereby appropriated from the State General Fund to the State Distributive School Account the following sums to pay the increase of salaries of professional school library media specialists required by NRS 391.160, as amended by section 2 of this act:

For the Fiscal Year 2007-2008....................................................... $18,078

For the Fiscal Year 2008-2009....................................................... $18,798

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2008, and September 18, 2009, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2008, and September 18, 2009, respectively.

      Sec. 4.  Notwithstanding the provisions of NRS 391.160, as amended by section 2 of this act, an employee who wishes to receive an increase in salary for the 2007-2008 school year pursuant to subsection 4 of NRS 391.160, as amended by section 2 of this act, must submit evidence of his certification not later than November 1, 2007. If an employee submits such evidence on or before that date, the school district by which he is employed shall pay the required increase in salary retroactively to the beginning of the 2007-2008 school year.

      Sec. 5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 6.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 2389ê

 

CHAPTER 454, SB 529

Senate Bill No. 529–Committee on Human Resources and Education

 

CHAPTER 454

 

AN ACT relating to Medicaid; revising certain provisions concerning the recovery from recipients or third parties of certain costs for Medicaid paid by the Department of Health and Human Services; revising certain provisions concerning assessments on nursing facilities; revising certain provisions concerning liability for the submission of a false claim to the State or a local government; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that the Department of Health and Human Services is subrogated to the right of a recipient of Medicaid when the recipient incurs costs for medical services which are payable by the Department under circumstances which create legal liability for such costs in a third party. (NRS 422.293) Sections 3, 4, 9 and 10 of this bill revise certain provisions concerning the recovery of such costs by the Department and impose liability for such costs on certain persons who do not comply with the procedures established to protect the right of the Department to recover benefits paid by Medicaid.

      Existing law provides for the assessment of fees on nursing facilities to increase the quality of nursing care. (NRS 422.3755-422.379) Sections 13 and 14 of this bill revise the determination of the amount of the fees to comply with federal law and to allow the recoupment of the fees and any administrative penalties from payments made pursuant to the Medicaid program.

      The Federal Deficit Reduction Act of 2005, Public Law 109-171, enacted certain provisions concerning state plans for Medicaid. Section 6031 of the Federal Deficit Reduction Act provides financial incentives for states that enact laws establishing liability for false or fraudulent claims made to the State Plan for Medicaid. To be eligible for these financial incentives, the laws of a state must contain provisions that are at least as effective at rewarding and facilitating qui tam actions for false or fraudulent claims as those described in the Federal False Claims Act, 31 U.S.C. §§ 3730-3732. Sections 23-27 of this bill amend existing law concerning the filing of false or fraudulent claims to comply with the provisions of section 6031 of the Federal Deficit Reduction Act. (NRS 357.040, 357.070, 357.080, 357.110, 357.170) Sections 11 and 15 of this bill provide for the recovery of benefits and for criminal penalties for certain fraudulent acts related to public assistance. (NRS 422.29304, 422.410)

      Sections 31-36 of this bill amend existing law to comply with the requirements of section 6035 of the Federal Deficit Reduction Act concerning certain providers of health insurance. Sections 31-36 require providers of health insurance to provide certain information concerning a person who is eligible for assistance under Medicaid to the State upon request. Sections 31-36 also require providers of health insurance to respond to inquiries by the State concerning a claim for payment for medical assistance not later than 3 years after the date of provision of the medical services. Sections 31-36 require providers of health insurance to agree not to deny a claim submitted by the State solely on the basis of the date of submission of the claim or the form of documentation submitted if the State submits the claim not later than 3 years after the date of the provision of medical assistance and the State commences any action to enforce its rights with respect to the claim not later than 6 years after submission of the claim. (NRS 689A.430, 689B.300, 695A.151, 695B.340, 695C.163, 695F.440)

 


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ê2007 Statutes of Nevada, Page 2390 (Chapter 454, SB 529)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  1.  A recipient, upon assertion of a claim against a third party to which the Department is subrogated pursuant to NRS 422.293, or his attorney, upon agreeing to represent such a recipient, shall provide written notice to the Department in the manner provided in subsection 2.

      2.  The notice provided pursuant to subsection 1 must include, without limitation:

      (a) The name of the recipient;

      (b) The social security number of the recipient;

      (c) The date of birth of the recipient;

      (d) The name of the attorney of the recipient, if applicable;

      (e) The name of any person against whom the recipient is making a claim, if known;

      (f) The name of any insurer of any person against whom the recipient is making a claim, if known;

      (g) The date of the incident giving rise to the claim; and

      (h) A short statement identifying the nature of the recipient’s claim or the terms of any settlement, judgment or award.

      3.  Any statute of limitations applicable to any claim or action by the Department is tolled until such time as the Department receives the notice required by this section.

      4.  As used in this section, “claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.

      Sec. 4.  Upon receiving the notice required pursuant to section 3 of this act, the Department shall, within 30 days, provide written notice to the recipient or his attorney and to the third party. The written notice must include, without limitation, the name of the recipient and the amount of the Department’s lien. No lien created pursuant to NRS 422.293 is enforceable unless written notice is first given to the person against whom the lien is asserted or his attorney.

      Secs. 5-8.  (Deleted by amendment.)

      Sec. 9.  1.  Except as otherwise provided in subsection 2, any person who fails to comply with the provisions of NRS 422.293 and section 3 of this act is liable to the Department for:

      (a) The total amount of the Department’s lien created pursuant to NRS 422.293; and

      (b) Any attorney’s fees and litigation expenses incurred by the Department in enforcing the Department’s rights pursuant to NRS 422.293 and section 3 of this act.

      2.  A person other than the recipient is not liable to the Department if the court determines that the failure to provide notice was caused by excusable neglect.

      Sec. 10.  NRS 422.293 is hereby amended to read as follows:

      422.293  1.  When a recipient of Medicaid or a recipient of insurance provided pursuant to the Children’s Health Insurance Program incurs an illness or injury for which medical services are payable by the Department and which is incurred under circumstances creating a legal liability in some person other than the recipient or a division of the Department to pay all or part of the costs of such medical services, the Department is subrogated to the right of the recipient to the extent of all such medical costs [.]

 


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ê2007 Statutes of Nevada, Page 2391 (Chapter 454, SB 529)ê

 

illness or injury for which medical services are payable by the Department and which is incurred under circumstances creating a legal liability in some person other than the recipient or a division of the Department to pay all or part of the costs of such medical services, the Department is subrogated to the right of the recipient to the extent of all such medical costs [.] and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.

      2.  If a recipient or his successors in interest fail or refuse to commence an action to enforce the legal liability, the Department may commence an independent action, after notice to the recipient or his successors in interest, to recover all medical costs to which it is entitled. In any such action by the Department, the recipient or his successors in interest may be joined as third-party defendants.

      3.  In any case where the Department is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the Department has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. Such a lien must be satisfied in full, unless reduced pursuant to subsection [5,] 4, at such time as:

      (a) The proceeds of any recovery or settlement are distributed to or on behalf of the recipient, his successors in interest or his attorney; and

      (b) A dismissal by any court of any action brought to enforce the legal liability established by subsection 1.

[Ê No such lien is enforceable unless written notice is first given to the person against whom the lien is asserted.]

      4.  [The recipient or his successors in interest shall notify the Department in writing before entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1. Except if extraordinary circumstances exist, a person who fails to comply with the provisions of this subsection shall be deemed to have waived any consideration by the Director or his designated representative of a reduction of the amount of the lien pursuant to subsection 5 and shall pay to the Department all costs to which it is entitled and its court costs and attorney’s fees.

      5.]  If the Department receives notice pursuant to [subsection 4,] section 3 of this act, the Director or his designated representative may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery.

      [6.] 5.  The attorney of a [recipient:

      (a) Shall] recipient shall not condition the amount of attorney’s fees or impose additional attorney’s fees based on whether a reduction of the lien is authorized by the Director or his designated representative pursuant to subsection [5.

      (b) Shall reduce the amount of the fees charged the recipient for services provided by the amount the attorney receives from the reduction of a lien authorized by the Director or his designated representative pursuant to subsection 5.] 4.

      Sec. 11.  NRS 422.29304 is hereby amended to read as follows:

      422.29304  1.  Except as otherwise provided in this section, the Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance or admission to a nursing facility on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:

 


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ê2007 Statutes of Nevada, Page 2392 (Chapter 454, SB 529)ê

 

application for public assistance or admission to a nursing facility on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:

      (a) Failed to report any required information to the Department or the nursing facility that the person knew at the time he signed the application; [or]

      (b) Refused to provide financial information regarding the recipient’s income and assets, including, without limitation, information regarding any transfers or assignments of income or assets;

      (c) Concealed information regarding the existence, transfer or disposition of the recipient’s income and assets with the intent of enabling a recipient to meet any eligibility requirement for public assistance;

      (d) Made any false representation regarding the recipient’s income and assets, including, without limitation, any information regarding any transfers or assignments of income or assets; or

      (e) Failed to report to the Department or the nursing facility within the period allowed by the Department any required information that the person obtained after he filed the application.

      2.  Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who signed the application for public benefits or admission to a nursing facility on behalf of the recipient shall reimburse the Department or appropriate state agency for the value of the incorrectly paid public assistance.

      3.  The Director or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance or admission to a nursing facility on behalf of the recipient.

      4.  The Director may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.

      Sec. 12.  NRS 422.29306 is hereby amended to read as follows:

      422.29306  1.  The Department may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:

      (a) The Department may obtain a lien against a recipient’s property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.

      (b) The Department may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the Department determines, after notice and opportunity for a hearing in accordance with applicable regulations, that the recipient cannot reasonably be expected to be discharged and return home.

 


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accordance with applicable regulations, that the recipient cannot reasonably be expected to be discharged and return home.

      2.  No lien may be placed on a recipient’s home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:

      (a) His spouse;

      (b) His child who is under 21 years of age, blind or disabled as determined in accordance with 42 U.S.C. § 1382c; or

      (c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,

Ê is lawfully residing in the home.

      3.  Upon the death of a recipient, the Department may seek a lien upon the recipient’s undivided estate as defined in NRS 422.054.

      4.  The amount of the lien recovery must be based on the value of the real or personal property at the time of sale of the property.

      5.  The Director shall release a lien pursuant to this section:

      (a) Upon notice by the recipient or his representative to the Director that the recipient has been discharged from the medical institution and has returned home;

      (b) If the lien was incorrectly determined; or

      (c) Upon satisfaction of the claim of the Department.

      Sec. 13.  NRS 422.3775 is hereby amended to read as follows:

      422.3775  1.  Each nursing facility that is licensed in this State shall pay a fee assessed by the Division to increase the quality of nursing care in this State.

      2.  To determine the amount of the fee to assess pursuant to this section, the Division shall establish a [uniform] rate per non-Medicare patient day that is equivalent to [6 percent] a percentage of the total annual accrual basis gross revenue for services provided to patients of all nursing facilities licensed in this State. The percentage used to establish the rate must not exceed that allowed by federal law. For the purposes of this subsection, total annual accrual basis gross revenue does not include charitable contributions received by a nursing facility.

      3.  The Division shall calculate the fee owed by each nursing facility by multiplying the total number of days of care provided to non-Medicare patients by the nursing facility, as provided to the Division pursuant to NRS 422.378, by the [uniform] rate established pursuant to subsection 2.

      4.  A fee assessed pursuant to this section is due 30 days after the end of the month for which the fee was assessed.

      5.  The payment of a fee to the Division pursuant to NRS 422.3755 to 422.379, inclusive, is an allowable cost for Medicaid reimbursement purposes.

      Sec. 14.  NRS 422.379 is hereby amended to read as follows:

      422.379  1.  The Division shall establish administrative penalties for the late payment by a nursing facility of a fee assessed pursuant to NRS 422.3755 to 422.379, inclusive.

      2.  The Division may recoup any payments made to nursing facilities providing services pursuant to the Medicaid program up to the amount of the fees owed as determined pursuant to NRS 422.3775 and any administrative penalties owed pursuant to subsection 1 if a nursing facility fails to remit the fees and administrative penalties owed within 30 days after the date they are due. Before recoupment of payments pursuant to this subsection, the Division may allow a nursing facility that fails to remit fees and administrative penalties owed an opportunity to negotiate a repayment plan with the Division.

 


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this subsection, the Division may allow a nursing facility that fails to remit fees and administrative penalties owed an opportunity to negotiate a repayment plan with the Division. The terms of the repayment plan may be established at the discretion of the Division.

      Sec. 15.  NRS 422.410 is hereby amended to read as follows:

      422.410  1.  Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation , [or] misrepresentation, or concealment, transfer, disposal or assignment of money or property obtains or attempts to obtain monetary or any other public assistance, or money, property, medical or remedial care or any other service provided pursuant to the Children’s Health Insurance Program, having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter or to enable a person to meet or appear to meet any requirements of eligibility prescribed by state law or by rule or regulation adopted by the Department for a grant or an increase in a grant of any type of public assistance is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  For the purposes of subsection 1, whenever a recipient of Temporary Assistance for Needy Families pursuant to the provisions of this chapter and chapter 422A of NRS receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Division of Welfare and Supportive Services of the Department of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      Sec. 16.  NRS 425.360 is hereby amended to read as follows:

      425.360  1.  Any payment of public assistance pursuant to this chapter creates a debt for support to the Division by the responsible parent, whether or not the parent received prior notice that his child was receiving public assistance.

      2.  The Division is entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child would have been entitled for support, to the extent of the assignment of those rights to support pursuant to NRS 425.350, and may prosecute or maintain any action for support or execute any administrative remedy existing under the laws of this State to obtain reimbursement of money expended for public assistance from any liable third party, including an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 , [(] 29 U.S.C.A. § 1167(1) , [),] service benefit plan, self-insured plan or health maintenance organization. If a court enters judgment for an amount of support to be paid by a responsible parent, the Division is entitled to the amount of the debt created by that judgment to the extent of the assignment of rights to support pursuant to NRS 425.350, and the judgment awarded shall be deemed to be in favor of the Division to that extent. This entitlement applies to, but is not limited to, a temporary order for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the Division in public assistance to or for the benefit of a dependent child.

 


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not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the Division in public assistance to or for the benefit of a dependent child. The Division may petition the appropriate court for modification of its order on the same grounds as a party to the action.

      3.  If there is no court order for support, or if the order provides that no support is due but the facts on which the order was based have changed, the amount due is the amount computed pursuant to NRS 125B.070 and 125B.080, using the Nevada average wage, determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation, if the gross income of the responsible parent cannot be otherwise ascertained.

      4.  Debts for support may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.

      5.  If a state agency is assigned any rights of a dependent child or a person having the care, custody and control of a dependent child who is eligible for medical assistance under Medicaid, the person having the care, custody and control of the dependent child shall, upon request of the state agency, provide to the state agency information regarding the dependent child or a person having the care, custody and control of a dependent child to determine:

      (a) Any period during which the dependent child or a person having the care, custody and control of a dependent child may be or may have been covered by an insurer; and

      (b) The nature of any coverage that is or was provided by the insurer, including, without limitation, the name and address of the insured dependent child or a person having the care, custody and control of a dependent child and the identifying number of the policy, evidence of coverage or contract.

      Sec. 17.  NRS 108.850 is hereby amended to read as follows:

      108.850  1.  A petition to the district court for the imposition of a lien as described and limited in NRS 422.29306 to recover money owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid must set forth:

      (a) The facts concerning the giving of assistance;

      (b) The name and address of the person who is receiving or who received the benefits for Medicaid;

      (c) A description of the property, sufficient for identification ; [, and its estimated value;]

      (d) The names, ages, residences and relationship of all persons who are claiming an interest in the property or who are listed as having any interest in the property, so far as known to the petitioner; and

      (e) An itemized list of the amount owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid.

      2.  No defect of form or in the statement of facts actually existing voids the petition for the lien.

      Sec. 18.  NRS 132.185 is hereby amended to read as follows:

      132.185  “Interested person” includes , without limitation, an heir, devisee, child, spouse, creditor, beneficiary and any other person having a property right in or claim against a trust estate or the estate of a decedent [.] , including, without limitation, the Director of the Department of Health and Human Services in any case in which money is owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid.

 


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ê2007 Statutes of Nevada, Page 2396 (Chapter 454, SB 529)ê

 

Human Services in any case in which money is owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid. The term includes a person having priority for appointment as a personal representative and other fiduciaries representing interested persons. The meaning as it relates to particular persons must be determined according to the particular purposes of, and matter involved in, a proceeding.

      Sec. 19.  NRS 159.113 is hereby amended to read as follows:

      159.113  1.  Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:

      (a) Invest the property of the ward.

      (b) Continue the business of the ward.

      (c) Borrow money for the ward.

      (d) Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the performance of contracts of the ward.

      (e) Make gifts from the ward’s estate or make expenditures for the ward’s relatives.

      (f) Sell, lease, place into any type of trust or surrender any property of the ward.

      (g) Exchange or partition the ward’s property.

      (h) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the ward’s property.

      (i) Release the power of the ward as trustee, personal representative, custodian for a minor or guardian.

      (j) Exercise or release the power of the ward as a donee of a power of appointment.

      (k) Change the state of residence or domicile of the ward.

      (l) Exercise the right of the ward to take under or against a will.

      (m) Transfer to a trust created by the ward any property unintentionally omitted from the trust.

      (n) Submit a revocable trust to the jurisdiction of the court if:

             (1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or

             (2) The trust was created by the court.

      (o) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the ward.

      (p) Take any other action which the guardian deems would be in the best interests of the ward.

      2.  The petition must be signed by the guardian and contain:

      (a) The name, age, residence and address of the ward.

      (b) A concise statement as to the condition of the ward’s estate.

      (c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.

      (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

      3.  Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

      4.  A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed , the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward, or to complete contracts of the ward.

 


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ê2007 Statutes of Nevada, Page 2397 (Chapter 454, SB 529)ê

 

      Sec. 20.  NRS 159.115 is hereby amended to read as follows:

      159.115  1.  Upon the filing of any petition under NRS 159.078 or 159.113, or any account, notice must be given:

      (a) At least 10 days before the date set for the hearing, by mailing a copy of the notice by regular mail to the residence, office or post office address of each person required to be notified pursuant to subsection 3;

      (b) At least 10 days before the date set for the hearing, by personal service;

      (c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing a copy of the notice in a newspaper of general circulation in the county where the hearing is to be held, the last publication of which must be published at least 10 days before the date set for the hearing; or

      (d) In any other manner ordered by the court, for good cause shown.

      2.  The notice must:

      (a) Give the name of the ward.

      (b) Give the name of the petitioner.

      (c) Give the date, time and place of the hearing.

      (d) State the nature of the petition.

      (e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the court order should not be made.

      3.  At least 10 days before the date set for the hearing, the petitioner shall cause a copy of the notice to be mailed to the following:

      (a) Any minor ward who is 14 years of age or older or the parent or legal guardian of any minor ward who is less than 14 years of age.

      (b) The spouse of the ward and other heirs of the ward who are related within the second degree of consanguinity so far as known to the petitioner.

      (c) The guardian of the person of the ward, if the guardian is not the petitioner.

      (d) Any person or care provider having the care, custody or control of the ward.

      (e) Any office of the Department of Veterans Affairs in this State if the ward is receiving any payments or benefits through the Department of Veterans Affairs.

      (f) The Director of the Department of Health and Human Services if the ward has received or is receiving any benefits from Medicaid.

      (g) Any other interested person or his attorney who has filed a request for notice in the guardianship proceeding and served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request, and his name and address, or that of his attorney. If the notice so requests, copies of all petitions and accounts must be mailed to the interested person or his attorney.

      4.  An interested person who is entitled to notice pursuant to subsection 3 may, in writing, waive notice of the hearing of a petition.

      5.  Proof of giving notice must be:

      (a) Made on or before the date set for the hearing; and

      (b) Filed in the guardianship proceeding.

      Sec. 21.  NRS 239A.070 is hereby amended to read as follows:

      239A.070  This chapter does not apply to any subpoena issued pursuant to title 14 or chapters 616A to 617, inclusive, of NRS or prohibit:

 


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ê2007 Statutes of Nevada, Page 2398 (Chapter 454, SB 529)ê

 

      1.  Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.

      2.  The Attorney General, district attorney, Department of Taxation, Director of the Department of Health and Human Services, public administrator, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.

      3.  A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.

      4.  Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorizes the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.

      5.  A financial institution from notifying a customer of the receipt of a subpoena or a search warrant to obtain his financial records, except when ordered by a court to withhold such notification.

      6.  The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.

      7.  The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this State.

      8.  The disclosure of any information pursuant to NRS 425.393, 425.400 or 425.460.

      9.  A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.

      Sec. 22.  NRS 239A.075 is hereby amended to read as follows:

      239A.075  Upon presentation of a death certificate, affidavit of death or other proof of death, a financial institution shall provide the Director of the Department of Health and Human Services or a public administrator with a statement which sets forth the identifying number and account balance of any accounts on which only the name of the deceased person appears. A financial institution may charge a reasonable fee, not to exceed $2, to provide a public administrator with a statement pursuant to the provisions of this section.

      Sec. 23.  NRS 357.040 is hereby amended to read as follows:

      357.040  1.  Except as otherwise provided in NRS 357.050, a person who, with or without specific intent to defraud, does any of the following listed acts is liable to the State or a political subdivision, whichever is affected, for three times the amount of damages sustained by the State or political subdivision because of the act of that person, for the costs of a civil action brought to recover those damages and for a civil penalty of not less than [$2,000] $5,000 or more than $10,000 for each act:

      (a) Knowingly presents or causes to be presented a false claim for payment or approval.

 


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ê2007 Statutes of Nevada, Page 2399 (Chapter 454, SB 529)ê

 

      (b) Knowingly makes or uses, or causes to be made or used, a false record or statement to obtain payment or approval of a false claim.

      (c) Conspires to defraud by obtaining allowance or payment of a false claim.

      (d) Has possession, custody or control of public property or money and knowingly delivers or causes to be delivered to the State or a political subdivision less money or property than the amount for which he receives a receipt.

      (e) Is authorized to prepare or deliver a receipt for money or property to be used by the State or a political subdivision and knowingly prepares or delivers a receipt that falsely represents the money or property.

      (f) Knowingly buys, or receives as security for an obligation, public property from a person who is not authorized to sell or pledge the property.

      (g) Knowingly makes or uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the State or a political subdivision.

      (h) Is a beneficiary of an inadvertent submission of a false claim and, after discovering the falsity of the claim, fails to disclose the falsity to the State or political subdivision within a reasonable time.

      2.  As used in this section, a person acts “knowingly” with respect to information if he:

      (a) Has knowledge of the information;

      (b) Acts in deliberate ignorance of whether the information is true or false; or

      (c) Acts in reckless disregard of the truth or falsity of the information.

      Sec. 24.  NRS 357.070 is hereby amended to read as follows:

      357.070  The Attorney General [may] shall investigate any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.

      Sec. 25.  NRS 357.080 is hereby amended to read as follows:

      357.080  1.  Except as otherwise provided in this section and NRS 357.090 and 357.100, a private plaintiff may maintain an action pursuant to this chapter on his own account and that of the State if money, property or services provided by the State are involved, or on his own account and that of a political subdivision if money, property or services provided by the political subdivision are involved, or on his own account and that of both the State and a political subdivision if both are involved. After such an action is commenced, it may be dismissed only with leave of the court, taking into account the public purposes of this chapter and the best interests of the parties.

      2.  If a private plaintiff brings an action pursuant to this chapter, no other person may bring another action pursuant to this chapter based on the same facts.

      3.  An action may not be maintained by a private plaintiff pursuant to this chapter:

      (a) Against a member of the Legislature or the Judiciary, an elected officer of the Executive Department of the State Government, or a member of the governing body of a political subdivision, if the action is based upon evidence or information known to the State or political subdivision at the time the action was brought.

 


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ê2007 Statutes of Nevada, Page 2400 (Chapter 454, SB 529)ê

 

      (b) If the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the State or political subdivision is already a party.

      4.  A complaint filed pursuant to this section must be placed under seal and so remain for at least 60 days or until the Attorney General has elected whether to intervene. No service may be made upon the defendant until the complaint is unsealed.

      5.  On the date the private plaintiff files his complaint, he shall send a copy of the complaint to the Attorney General by mail with return receipt requested. He shall send with each copy of the complaint a written disclosure of substantially all material evidence and information he possesses.

      6.  An action pursuant to this chapter may be brought in any judicial district in this State in which the defendant can be found, resides, transacts business or in which any of the alleged fraudulent activities occurred.

      Sec. 26.  NRS 357.110 is hereby amended to read as follows:

      357.110  1.  Within [120] 60 days after receiving a complaint and disclosure, the Attorney General may intervene and proceed with the action or he may, for good cause shown, move the court to extend the time for his election whether to proceed. The motion may be supported by affidavits or other submissions in chambers.

      2.  If the Attorney General elects to intervene, the complaint must be unsealed. If the Attorney General elects not to intervene, the private plaintiff may proceed and the complaint must be unsealed.

      Sec. 27.  NRS 357.170 is hereby amended to read as follows:

      357.170  1.  An action pursuant to this chapter may not be commenced more than 3 years after the date [of discovery of the fraudulent activity by] on which the Attorney General discovers, or reasonably should have discovered, the fraudulent activity or more than [5] 6 years after the fraudulent activity occurred, [whichever is earlier.] but in no event more than 10 years after the fraudulent activity occurred. Within those limits, an action may be based upon fraudulent activity that occurred before [October 1, 1999.] July 1, 2007.

      2.  In an action pursuant to this chapter, the standard of proof is a preponderance of the evidence. A finding of guilt in a criminal proceeding charging false statement or fraud, whether upon a verdict of guilty or a plea of guilty or nolo contendere, estops the person found guilty from denying an essential element of that offense in an action pursuant to this chapter based upon the same transaction as the criminal proceeding.

      Sec. 28.  NRS 361.585 is hereby amended to read as follows:

      361.585  1.  When the time allowed by law for the redemption of a property described in a certificate has expired, and no redemption has been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property in trust for the use and benefit of the State and county and any officers having fees due them.

      2.  The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold that property in trust until it is sold or otherwise disposed of pursuant to the provisions of this chapter.

      3.  Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or before the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person specified in subsection 4 is entitled to have the property reconveyed upon payment to the county treasurer of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against the property.

 


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ê2007 Statutes of Nevada, Page 2401 (Chapter 454, SB 529)ê

 

property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person specified in subsection 4 is entitled to have the property reconveyed upon payment to the county treasurer of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against the property. A reconveyance may not be made after expiration of the 90-day period specified in NRS 361.603 or after commencement of posting or publication of public notice pursuant to NRS 361.595.

      4.  Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:

      (a) The owner.

      (b) The beneficiary under a deed of trust.

      (c) The mortgagee under a mortgage.

      (d) The person to whom the property was assessed.

      (e) The person holding a contract to purchase the property before its conveyance to the county treasurer.

      (f) The Director of the Department of Health and Human Services if the owner has received or is receiving any benefits from Medicaid.

      (g) The successor in interest of any person specified in this subsection.

      5.  Any agreement to locate, deliver, recover or assist in the recovery of any property held in trust by a county treasurer by virtue of any deed made pursuant to the provisions of this chapter:

      (a) Must:

             (1) Be in writing.

             (2) Be signed by one or more of the persons identified in subsection 4.

             (3) Include a description of the property.

             (4) Include the value of the property.

      (b) Must not impose a fee that is more than 10 percent of the total value of the property.

      6.  The provisions of this section apply to land held in trust by a county treasurer on or after April 17, 1971.

      Sec. 29.  NRS 439B.360 is hereby amended to read as follows:

      439B.360  1.  The Director shall evaluate the effectiveness of the program established pursuant to NRS 439B.350 annually. The evaluation must include, without limitation [:

      (a) Determining the total number of children under the age of 13 years who reside in this State and the number of such children who have received health care services through a federal, state or local governmental program during the previous year; and

      (b) Measuring] , measuring the effectiveness of the content, form and method of dissemination of information through the program.

      2.  The Director shall make any necessary recommendations to improve the program based upon his evaluation.

      3.  On or before December 31 of each year, the Director shall provide a written report to the Interim Finance Committee concerning the results of the evaluation and any recommendations made to improve the program.

      Sec. 30.  NRS 449.188 is hereby amended to read as follows:

      449.188  1.  In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

 


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ê2007 Statutes of Nevada, Page 2402 (Chapter 454, SB 529)ê

 

care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

             (2) Assault with intent to kill or to commit sexual assault or mayhem;

             (3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

             (4) Abuse or neglect of a child or contributory delinquency;

             (5) 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, within the past 7 years;

             (6) A violation of any provision of NRS 200.50955 or 200.5099;

             (7) A violation of any provision of NRS 422.450 to 422.590, inclusive;

             (8) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

             [(8)] (9) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

      (b) The licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a).

      2.  In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate an agency to provide personal care services in the home or an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      Sec. 31.  NRS 689A.430 is hereby amended to read as follows:

      689A.430  1.  An insurer shall not, when considering eligibility for coverage or making payments under a policy of health insurance, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care, an insurer, self-insured plan, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 , [(] 29 U.S.C.A. § 1167(1) , [),] service benefit plan [, health maintenance organization] or other organization that has issued a policy of health insurance:

      (a) Shall treat Medicaid as having a valid and enforceable assignment of an insured’s benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any right of a recipient of Medicaid to reimbursement against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.

 


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ê2007 Statutes of Nevada, Page 2403 (Chapter 454, SB 529)ê

 

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by a policy of health insurance,

Ê the insurer that issued the policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the policy.

      4.  If a state agency is assigned any rights of an insured who is eligible for medical assistance under Medicaid, an insurer shall:

      (a) Upon request of the state agency, provide to the state agency information regarding the insured to determine:

             (1) Any period during which the insured, his spouse or dependent may be or may have been covered by the insurer; and

             (2) The nature of the coverage that is or was provided by the insurer, including, without limitation, the name and address of the insured and the identifying number of the policy, evidence of coverage or contract;

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      Sec. 32.  NRS 689B.300 is hereby amended to read as follows:

      689B.300  1.  An insurer shall not, when considering eligibility for coverage or making payments under a group health policy, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care, an insurer, self-insured plan, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 , [(] 29 U.S.C.A. § 1167(1) , [), health maintenance organization] or other organization that has issued a group health policy:

      (a) Shall treat Medicaid as having a valid and enforceable assignment of an insured’s benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid to reimbursement against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by a group health policy,

 


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ê2007 Statutes of Nevada, Page 2404 (Chapter 454, SB 529)ê

 

Ê the insurer that issued the policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the policy.

      4.  If a state agency is assigned any rights of an insured who is eligible for medical assistance under Medicaid, an insurer shall:

      (a) Upon request of the state agency, provide to the state agency information regarding the insured to determine:

             (1) Any period during which the insured, his spouse or dependent may be or may have been covered by the insurer; and

             (2) The nature of the coverage that is or was provided by the insurer, including, without limitation, the name and address of the insured and the identifying number of the policy;

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      Sec. 33.  NRS 695A.151 is hereby amended to read as follows:

      695A.151  1.  A society shall not, when considering eligibility for coverage or making payments under a certificate for health benefits, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care, a society:

      (a) Shall treat Medicaid as having a valid and enforceable assignment of an insured’s benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by its certificate for health benefits, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any reimbursement rights of a recipient of Medicaid against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by a certificate for health benefits,

Ê the society that issued the health policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the certificate.

      4.  If a state agency is assigned any rights of an insured who is eligible for medical assistance under Medicaid, a society that issues a certificate for health benefits, evidence of coverage or contract shall:

 

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