Link to Page 3234

 

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ê2007 Statutes of Nevada, Page 3235 (Chapter 526, SB 452)ê

 

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 527, SB 409

Senate Bill No. 409–Senators Titus, Coffin, Carlton, Horsford, Lee, Mathews, Nolan, Raggio, Rhoads, Schneider, Townsend, Wiener and Woodhouse

 

Joint Sponsors: Assemblywomen Allen, Parnell, Buckley, Smith, Gerhardt, Gansert, Kirkpatrick, Koivisto, Leslie and Pierce

 

CHAPTER 527

 

AN ACT relating to insurance; requiring policies of health insurance to provide coverage for the human papillomavirus vaccine to protect against cervical cancer; requiring the Director of the Department of Health and Human Services to include coverage for the human papillomavirus vaccine in the State Plan for Medicaid; requiring certain policies of health insurance to provide coverage for screenings for prostate cancer under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires certain public and private health care plans and policies of insurance to provide coverage for certain procedures, including colorectal cancer screenings, cytological screening tests and mammograms, under certain circumstances. (NRS 287.027, 287.04335, 689A.04042, 689A.0405, 689B.0367, 689B.0374, 695B.1907, 695B.1912, 695C.1731, 695C.1735, 695G.168)

      Sections 2, 5, 6, 7 and 8 of this bill require policies of individual health insurance, policies of group health insurance, policies of health insurance issued by a hospital or medical service corporation, health care plans of health maintenance organizations and health care plans issued by managed care organizations to provide coverage for expenses incurred for the human papillomavirus vaccine administered to women and girls in this State. The policies of health insurance may not require the insured women and girls to receive prior authorization for the vaccine. The human papillomavirus vaccine is defined as either the currently available Quadrivalent Human Papillomavirus Recombinant Vaccine or any successor it may have which is approved by the Food and Drug Administration for the prevention of the human papillomavirus or cervical cancer. Sections 9.3 and 10 of this bill require that plans of self-insurance provided by certain governmental agencies include the same coverage. Section 11 of this bill requires that the Director of the Department of Health and Human Services include coverage for the human papillomavirus vaccine in the State Plan for Medicaid.

      Sections 2.5, 5.5, 6.5, 7.5 and 8.5 of this bill require policies of individual health insurance, policies of group health insurance, policies of health insurance issued by a hospital or medical service corporation, health care plans of health maintenance organizations and health care plans issued by managed care organizations that provide coverage for the treatment of prostate cancer also to provide coverage for screening for prostate cancer under certain circumstances.

 


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ê2007 Statutes of Nevada, Page 3236 (Chapter 527, SB 409)ê

 

provide coverage for the treatment of prostate cancer also to provide coverage for screening for prostate cancer under certain circumstances. The policies of health insurance may not require an insured person to obtain prior authorization for the screening. Sections 9.5 and 10 of this bill require that plans of self-insurance provided by certain governmental agencies include the same coverage.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 687B.225 is hereby amended to read as follows:

      687B.225  1.  Except as otherwise provided in NRS 689A.0405, 689A.0413, 689B.031, 689B.0374, 695B.1912, 695B.1914, 695C.1713, 695C.1735 and 695G.170, and sections 2, 2.5, 5, 5.5, 6, 6.5, 7, 7.5, 8 and 8.5 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:

      (a) File its procedure for obtaining approval of care pursuant to this section for approval by the Commissioner; and

      (b) Respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.

      2.  The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.

      Sec. 1.9.  Chapter 689A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 2.5 of this act.

      Sec. 2.  1.  A policy of health insurance must provide coverage for benefits payable for expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  A policy of health insurance must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 is void.

      4.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration for the prevention of human papillomavirus infection and cervical cancer.

      Sec. 2.5.  1.  A policy of health insurance that provides coverage for the treatment of prostate cancer must provide coverage for prostate cancer screening in accordance with:

      (a) The guidelines concerning prostate cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning prostate cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

 


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ê2007 Statutes of Nevada, Page 3237 (Chapter 527, SB 409)ê

 

      2.  A policy of health insurance that provides coverage for the treatment of prostate cancer must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy of health insurance that provides coverage for the treatment of prostate cancer which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 is void.

      Sec. 3.  NRS 689A.040 is hereby amended to read as follows:

      689A.040  1.  Except as otherwise provided in subsections 2 and 3, each such policy delivered or issued for delivery to any person in this State must contain the provisions specified in NRS 689A.050 to 689A.170, inclusive, and section 2 of this act in the words in which the provisions appear, except that the insurer may, at its option, substitute for one or more of the provisions corresponding provisions of different wording approved by the Commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision must be preceded individually by the applicable caption shown, or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Commissioner may approve.

      2.  Each policy delivered or issued for delivery in this State after November 1, 1973, must contain a provision, if applicable, setting forth the provisions of NRS 689A.045.

      3.  If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the Commissioner, may omit from the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such a manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.

      Sec. 4.  NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and sections 2 and 2.5 of this act.

      Sec. 4.9.  Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 5.5 of this act.

      Sec. 5.  1.  A policy of group health insurance must provide coverage for benefits payable for expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  A policy of group health insurance must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 is void.

 


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ê2007 Statutes of Nevada, Page 3238 (Chapter 527, SB 409)ê

 

of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 is void.

      4.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration for the prevention of human papillomavirus infection and cervical cancer.

      Sec. 5.5.  1.  A policy of group health insurance that provides coverage for the treatment of prostate cancer must provide coverage for prostate cancer screening in accordance with:

      (a) The guidelines concerning prostate cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning prostate cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  A policy of group health insurance that provides coverage for the treatment of prostate cancer must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy of group health insurance that provides coverage for the treatment of prostate cancer which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 is void.

      Sec. 5.9.  Chapter 695B of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 6.5 of this act.

      Sec. 6.  1.  A policy of health insurance issued by a hospital or medical service corporation must provide coverage for benefits payable for expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  A policy of health insurance issued by a hospital or medical service corporation must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 is void.

      4.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration for the prevention of human papillomavirus infection and cervical cancer.

      Sec. 6.5.  1.  A policy of health insurance issued by a hospital or medical service corporation that provides coverage for the treatment of prostate cancer must provide coverage for prostate cancer screening in accordance with:

      (a) The guidelines concerning prostate cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning prostate cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

 


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ê2007 Statutes of Nevada, Page 3239 (Chapter 527, SB 409)ê

 

      2.  A policy of health insurance issued by a hospital or medical service corporation that provides coverage for the treatment of prostate cancer must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy of health insurance issued by a hospital or medical service corporation that provides coverage for the treatment of prostate cancer which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 is void.

      Sec. 6.9.  Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 7.5 of this act.

      Sec. 7.  1.  A health care plan of a health maintenance organization must provide coverage for benefits payable for expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  A health care plan of a health maintenance organization must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  Any evidence of coverage subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 is void.

      4.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration for the prevention of human papillomavirus infection and cervical cancer.

      Sec. 7.5.  1.  A health care plan of a health maintenance organization that provides coverage for the treatment of prostate cancer must provide coverage for prostate cancer screening in accordance with:

      (a) The guidelines concerning prostate cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning prostate cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  A health care plan of a health maintenance organization that provides coverage for the treatment of prostate cancer must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  Any evidence of coverage for a health care plan of a health maintenance organization that provides coverage for the treatment of prostate cancer which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 is void.

 


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ê2007 Statutes of Nevada, Page 3240 (Chapter 527, SB 409)ê

 

      Sec. 7.6.  NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170 to 695C.200, inclusive, and section 7.5 of this act, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.1694, 695C.1695 and 695C.1731 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      Sec. 7.7.  NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and sections 7 and 7.5 of this act, or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The State Board of Health certifies to the Commissioner that the health maintenance organization:

             (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

 


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ê2007 Statutes of Nevada, Page 3241 (Chapter 527, SB 409)ê

 

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

             (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

             (2) Conducting external reviews of final adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees;

      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 7.9.  Chapter 695G of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 8.5 of this act.

      Sec. 8.  1.  A health care plan issued by a managed care organization must provide coverage for benefits payable for expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  A health care plan must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  An evidence of coverage for a health care plan subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal thereof which is in conflict with subsection 1 is void.

 


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ê2007 Statutes of Nevada, Page 3242 (Chapter 527, SB 409)ê

 

required by subsection 1, and any provision of the evidence of coverage or the renewal thereof which is in conflict with subsection 1 is void.

      4.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration for the prevention of human papillomavirus infection and cervical cancer.

      Sec. 8.5.  1.  A health care plan issued by a managed care organization that provides coverage for the treatment of prostate cancer must provide coverage for prostate cancer screening in accordance with:

      (a) The guidelines concerning prostate cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning prostate cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  A health care plan issued by a managed care organization that provides coverage for the treatment of prostate cancer must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  Any evidence of coverage for a health care plan issued by a managed care organization that provides coverage for the treatment of prostate cancer which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 is void.

      Sec. 8.9.  Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 9.3 and 9.5 of this act.

      Sec. 9.  (Deleted by amendment.)

      Sec. 9.3.  1.  If the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada provides health insurance through a plan of self-insurance, the plan must provide coverage for benefits payable for expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  The plan of self-insurance must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A plan of self-insurance described in subsection 1 which is delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the plan which is in conflict with subsection 1 is void.

      4.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration for the prevention of human papillomavirus infection and cervical cancer.

      Sec. 9.5.  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada which provides health insurance through a plan of self-insurance that provides coverage for the treatment of prostate cancer shall provide coverage for prostate cancer screening in accordance with:

 


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ê2007 Statutes of Nevada, Page 3243 (Chapter 527, SB 409)ê

 

insurance through a plan of self-insurance that provides coverage for the treatment of prostate cancer shall provide coverage for prostate cancer screening in accordance with:

      (a) The guidelines concerning prostate cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning prostate cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  A plan of self-insurance that provides coverage for the treatment of prostate cancer must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A plan of self-insurance that provides coverage for the treatment of prostate cancer which is offered, delivered, issued for delivery or renewed on or after July 1, 2007, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with subsection 1 is void.

      Sec. 10.  NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.164, 695G.170, 695G.173, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and sections 8 and 8.5 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 11.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration to be used for the prevention of human papillomavirus infection and cervical cancer.

      Sec. 11.5.  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. 12.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 3244ê

 

CHAPTER 528, SB 471

Senate Bill No. 471– Committees on Judiciary and Finance

 

CHAPTER 528

 

AN ACT relating to public safety; revising the provisions concerning certain sex offenders who are on lifetime supervision or released on parole, probation or a suspended sentence; requiring incarcerated sex offenders and offenders convicted of a crime against a child to register with a local law enforcement agency before being released from prison; requiring sex offenders and offenders convicted of a crime against a child who have not provided a biological specimen to provide a biological specimen at the time of registration with a local law enforcement agency; increasing the minimum sentence for certain sexual offenses committed against a child; revising the penalty for a violation of a condition imposed pursuant to the program of lifetime supervision; revising provisions concerning the procedures for meetings to consider prisoners for parole; making various other changes to provisions relating to certain offenders; providing penalties; making appropriations; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law sets forth certain conditions to be imposed on sex offenders placed under a program of lifetime supervision or released on parole, probation or a suspended sentence. (NRS 176A.410, 213.1243, 213.1245, 213.1255) Under sections 2, 8 and 10 of this bill, if an offender is: (1) convicted of certain crimes against a child under the age of 14 years; (2) a Tier 3 offender; and (3) placed under a program of lifetime supervision or released on parole, probation or a suspended sentence, the offender must not establish a residence within 1,000 feet of certain locations frequented primarily by children and must be placed under a system of active electronic monitoring if the Chief Parole and Probation Officer deems such monitoring appropriate. Sections 2, 8 and 10 also require an offender placed under a system of active electronic monitoring to pay to the extent of his ability any costs associated with such monitoring and prohibit a person from removing or disabling an electronic monitoring device without authorization.

      In addition, sections 2, 8 and 9 of this bill prohibit certain sex offenders from being within 500 feet of certain locations frequented primarily by children. Section 8 also requires a court that issues an arrest warrant for a violation of a condition imposed pursuant to the program of lifetime supervision to transmit notice of the issuance of the warrant to the Central Repository for Nevada Records of Criminal History within 3 business days.

      Existing law requires a sex offender or an offender convicted of a crime against a child to register with a local law enforcement agency within 48 hours after arriving or establishing a residence in the jurisdiction of the local law enforcement agency. (NRS 179D.240, NRS 179D.460) Section 3 of this bill requires an incarcerated offender convicted of a crime against a child to register, before being released from prison, with the appropriate local law enforcement agency in whose jurisdiction the offender will be a resident offender upon release. Section 5 of this bill requires an incarcerated sex offender to register, before being released, with the appropriate law enforcement agency in whose jurisdiction the sex offender will be a resident sex offender upon release.

 


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ê2007 Statutes of Nevada, Page 3245 (Chapter 528, SB 471)ê

 

      Existing law requires a court to order, at sentencing, that a biological specimen be obtained from a person convicted of certain crimes. (NRS 176.0913) Section 4 of this bill requires an offender convicted of a crime against a child to provide a biological specimen at the time the offender registers with a local law enforcement agency if the offender has not already provided a biological specimen. Section 6 of this bill requires a sex offender to provide a biological specimen at the time the sex offender registers with a local law enforcement agency if the sex offender has not already provided a biological specimen.

      Existing law establishes the imposition of minimum sentences for certain sexual offenses committed against a child. (NRS 200.366) Section 7 of this bill increases the minimum number of years that must be served before a person is eligible for parole for committing a sexual assault against a child under the age of 16 years that does not result in substantial bodily harm to the child from 20 to 25 years. Section 7 also increases the minimum number of years that must be served before a person is eligible for parole for committing a sexual assault against a child under the age of 14 years that does not result in substantial bodily harm to the child from 20 to 35 years.

      Section 10.5 of this bill clarifies the procedure concerning meetings to consider prisoners for parole by specifying that such meetings are quasi-judicial and limited to the rights set forth in statute. In addition, section 10.5 requires the State Board of Parole Commissioners to provide reasonable notice of a meeting and an opportunity to be present at the meeting to a prisoner who will be considered for parole. Parole may not be denied at a meeting unless the Board has complied with those requirements. Section 10.5 further provides that a prisoner or his representative must be allowed to speak during a meeting to consider the prisoner for parole and requires the Board to provide written notice of its decision and any recommendations it may have to the prisoner not later than 10 working days after the meeting. (NRS 213.130)

      Sections 11 and 12 of this bill reconcile the provisions of Assembly Bill No. 579 of this session with the provisions of this bill.

      Sections 13 and 14 of this bill make appropriations to the State Motor Pool and the Division of Parole and Probation of the Department of Public Safety.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.0926 is hereby amended to read as follows:

      176.0926  1.  If a defendant is convicted of a crime against a child, the court shall, following the imposition of a sentence:

      (a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.230.

      (b) Inform the defendant of the requirements for registration, including, but not limited to:

             (1) The duty to register in this State during any period in which he is a resident of this State or a nonresident who is a student or worker within this State and the time within which he is required to register pursuant to NRS 179D.240;

             (2) The duty to register in any other jurisdiction , including, without limitation, any jurisdiction outside the United States, during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

             (3) If he moves from this State to another jurisdiction, including, without limitation, any jurisdiction outside the United States, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

 


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             (4) The duty to notify the local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, including, without limitation, any jurisdiction outside the United States, or changes the primary address at which he is a student or worker; and

             (5) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

      (c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.

      2.  The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.200 to 179D.290, inclusive.

      Sec. 2.  NRS 176A.410 is hereby amended to read as follows:

      176A.410  1.  Except as otherwise provided in subsection [3,] 6, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:

      (a) Submit to a search and seizure of his person, residence or vehicle or any property under his control, at any time of the day or night, without a warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime . [;]

      (b) Reside at a location only if [it] :

            (1) The residence has been approved by the parole and probation officer assigned to the defendant . [and keep]

             (2) The defendant keeps the parole and probation officer assigned to the defendant informed of his current address . [;]

      (c) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer . [;]

      (d) Abide by any curfew imposed by the parole and probation officer assigned to the defendant . [;]

      (e) Participate in and complete a program of professional counseling approved by the Division . [;]

      (f) Submit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance . [;]

      (g) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant . [;]

      (h) Abstain from consuming, possessing or having under his control any alcohol . [;]

 


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      (i) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the parole and probation officer assigned to the defendant, and a written agreement is entered into and signed in the manner set forth in subsection [2;] 5.

      (j) Not use aliases or fictitious names . [;]

      (k) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant . [;]

      (l) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact . [;]

      (m) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not [be in or near:

             (1) A] knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, [school or school grounds;

             (2) A] an athletic field or a facility for youth sports, or a motion picture theater . [; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend;] The provisions of this paragraph apply only to a defendant who is a Tier 3 offender.

      (n) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication . [;]

      (o) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant . [;]

      (p) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant . [;]

      (q) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant . [; and]

      (r) Inform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  Except as otherwise provided in subsection 6, if a defendant is convicted of an offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the defendant is a Tier 3 offender and the court grants probation or suspends the sentence of the defendant, the court shall, in addition to any other condition ordered pursuant to subsection 1, order as a condition of probation or suspension of sentence that the defendant:

 


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shall, in addition to any other condition ordered pursuant to subsection 1, order as a condition of probation or suspension of sentence that the defendant:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief Parole and Probation Officer, be placed under a system of active electronic monitoring that is capable of identifying his location and producing, upon request, reports or records of his presence near or within a crime scene or prohibited area or his departure from a specified geographic location.

      (c) Pay any costs associated with his participation under the system of active electronic monitoring, to the extent of his ability to pay.

      3.  A defendant placed under the system of active electronic monitoring pursuant to subsection 2 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to his participation under the system of active electronic monitoring.

      4.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a defendant pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      5.  A written agreement entered into pursuant to paragraph (i) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The defendant;

      (c) The parole and probation officer assigned to the defendant;

      (d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      [3.] 6.  The court is not required to impose a condition of probation or suspension of sentence listed in [subsection] subsections 1 and 2 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      [4.] 7.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.410.

 


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      Sec. 3.  NRS 179D.230 is hereby amended to read as follows:

      179D.230  1.  If the Central Repository receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child, the Central Repository shall:

      (a) If a record of registration has not previously been established for the offender, notify the local law enforcement agency so that a record of registration may be established; or

      (b) If a record of registration has previously been established for the offender, update the record of registration for the offender and notify the appropriate local law enforcement agencies.

      2.  If the offender named in the notice is granted probation or otherwise will not be incarcerated or confined, the Central Repository shall immediately provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

      3.  If an offender is incarcerated or confined and has previously been convicted of a crime against a child, before the offender is released:

      (a) The Department of Corrections or a local law enforcement agency in whose facility the offender is incarcerated or confined shall:

             (1) Inform the offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register in this State during any period in which he is a resident of this State or a nonresident who is a student or worker within this State and the time within which he is required to register pursuant to NRS 179D.240;

                   (II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

                   (III) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

                   (IV) The duty to notify the local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he most recently resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and

                   (V) The duty to notify immediately the appropriate local law enforcement agency if the offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education; and

             (2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him and to forward the form to the Central Repository.

      (b) The Central Repository shall:

 


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             (1) Update the record of registration for the offender; and

             (2) Provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender will reside upon release in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

      4.  If an offender convicted of a crime against a child is incarcerated or confined, before the offender is released, the offender shall register, pursuant to 179D.240, with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction the offender will be a resident offender.

      5.  The failure to provide an offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.

      [5.] 6.  If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing or is a student or worker within this State, the Central Repository shall:

      (a) Immediately provide notification concerning the offender to the appropriate local law enforcement agencies; and

      (b) Establish a record of registration for the offender with the assistance of the local law enforcement agency.

      Sec. 4.  NRS 179D.240 is hereby amended to read as follows:

      179D.240  1.  In addition to any other registration that is required pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the offender resides or is present for 48 hours or more within:

      (a) A county; or

      (b) An incorporated city that does not have a city police department,

Ê the offender shall be deemed a resident offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

      3.  If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall be deemed a resident offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

      4.  If the offender is a nonresident offender who is a student or worker within this State, the offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this State.

      5.  A resident or nonresident offender shall immediately notify the appropriate local law enforcement agency if:

      (a) The offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

 


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      (b) The offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

Ê The offender shall provide the name, address and type of each such institution of higher education.

      6.  To register with a local law enforcement agency pursuant to this section, the offender shall:

      (a) [Appear] Unless the offender is incarcerated or confined and required to register pursuant to subsection 4 of NRS 179D.230, appear personally at the office of the appropriate local law enforcement agency;

      (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; [and]

      (c) If the offender has not provided a biological specimen pursuant to NRS 176.0913 or 176.0916, provide a biological specimen to the local law enforcement agency; and

      (d) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency [.] or in the presence of an officer of the institution or facility in which the offender is incarcerated or confined.

      7.  If an offender convicted of a crime against a child must provide a biological specimen pursuant to paragraph (c) of subsection 6, the local law enforcement agency shall arrange for the biological specimen to be obtained from the offender. The local law enforcement agency shall provide the specimen to the forensic laboratory that has been designated by the county in which the offender resides or is present to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

      8.  When an offender registers, the local law enforcement agency shall:

      (a) Inform the offender of the duty to notify the local law enforcement agency if the offender changes the address at which he resides or changes the primary address at which he is a student or worker; and

      (b) Inform the offender of the duty to register with the local law enforcement agency in whose jurisdiction the offender relocates.

      [8.] 9.  After the offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the offender.

      [9.] 10.  If the Central Repository has not previously established a record of registration for an offender described in subsection [8,] 9, the Central Repository shall:

      (a) Establish a record of registration for the offender; and

      (b) Provide notification concerning the offender to the appropriate local law enforcement agencies.

      [10.] 11.  When an offender notifies a local law enforcement agency that:

      (a) The offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education,

 


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Ê and provides the name, address and type of each such institution of higher education, the local law enforcement agency shall immediately provide that information to the Central Repository and to the appropriate campus police department.

      Sec. 5.  NRS 179D.450 is hereby amended to read as follows:

      179D.450  1.  If the Central Repository receives notice from a court pursuant to NRS 176.0927 that a sex offender has been convicted of a sexual offense or pursuant to NRS 62F.250 that a juvenile sex offender has been deemed to be an adult sex offender, the Central Repository shall:

      (a) If a record of registration has not previously been established for the sex offender, notify the local law enforcement agency so that a record of registration may be established; or

      (b) If a record of registration has previously been established for the sex offender, update the record of registration for the sex offender and notify the appropriate local law enforcement agencies.

      2.  If the sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to NRS 62F.250 and is not otherwise incarcerated or confined:

      (a) The Central Repository shall immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction; and

      (b) If the sex offender is subject to community notification, the Central Repository shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      3.  If a sex offender is incarcerated or confined and has previously been convicted of a sexual offense as described in NRS 179D.410, before the sex offender is released:

      (a) The Department of Corrections or a local law enforcement agency in whose facility the sex offender is incarcerated or confined shall:

             (1) Inform the sex offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register in this State during any period in which he is a resident of this State or a nonresident who is a student or worker within this State and the time within which he is required to register pursuant to NRS 179D.460;

                   (II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

                   (III) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

                   (IV) The duty to notify the local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and

 


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                   (V) The duty to notify immediately the appropriate local law enforcement agency if the sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education; and

             (2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him and to forward the form to the Central Repository.

      (b) The Central Repository shall:

             (1) Update the record of registration for the sex offender;

             (2) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive; and

             (3) Provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender will reside upon release in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

      4.  If a sex offender is incarcerated or confined, before the sex offender is released, the sex offender shall register, pursuant to NRS 179D.460, with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction the sex offender will be a resident sex offender.

      5.  The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.

      [5.] 6.  If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing or is a student or worker within this State, the Central Repository shall:

      (a) Immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies;

      (b) Establish a record of registration for the sex offender; and

      (c) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      Sec. 6.  NRS 179D.460 is hereby amended to read as follows:

      179D.460  1.  In addition to any other registration that is required pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the sex offender resides or is present for 48 hours or more within:

      (a) A county; or

      (b) An incorporated city that does not have a city police department,

Ê the sex offender shall be deemed a resident sex offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

 


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the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

      3.  If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall be deemed a resident sex offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

      4.  If the sex offender is a nonresident sex offender who is a student or worker within this State, the sex offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this State.

      5.  A resident or nonresident sex offender shall immediately notify the appropriate local law enforcement agency if:

      (a) The sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

Ê The sex offender shall provide the name, address and type of each such institution of higher education.

      6.  To register with a local law enforcement agency pursuant to this section, the sex offender shall:

      (a) [Appear] Unless the sex offender is incarcerated or confined and required to register pursuant to subsection 4 of NRS 179D.450, appear personally at the office of the appropriate local law enforcement agency;

      (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; [and]

      (c) If the sex offender has not provided a biological specimen pursuant to NRS 176.0913 or 176.0916, provide a biological specimen to the local law enforcement agency; and

      (d) Sign and date the record of registration or some other proof of registration of the local law enforcement agency in the presence of an officer of the local law enforcement agency [.] or in the presence of an officer of the institution or facility in which the sex offender is incarcerated or confined.

      7.  If a sex offender must provide a biological specimen pursuant to paragraph (c) of subsection 6, the local law enforcement agency shall arrange for the biological specimen to be obtained from the sex offender. The local law enforcement agency shall provide the specimen to the forensic laboratory that has been designated by the county in which the sex offender resides or is present to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

      8.  When a sex offender registers, the local law enforcement agency shall:

      (a) Inform the sex offender of the duty to notify the local law enforcement agency if the sex offender changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and

 


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      (b) Inform the sex offender of the duty to register with the local law enforcement agency in whose jurisdiction the sex offender relocates.

      [8.] 9.  After the sex offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the sex offender.

      [9.] 10.  If the Central Repository has not previously established a record of registration for a sex offender described in subsection [8,] 9, the Central Repository shall:

      (a) Establish a record of registration for the sex offender;

      (b) Provide notification concerning the sex offender to the appropriate local law enforcement agencies; and

      (c) If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      [10.] 11.  When a sex offender notifies a local law enforcement agency that:

      (a) The sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education,

Ê and provides the name, address and type of each such institution of higher education, the local law enforcement agency shall immediately provide that information to the Central Repository and to the appropriate campus police department.

      Sec. 7.  NRS 200.366 is hereby amended to read as follows:

      200.366  1.  A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.

      2.  Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

      (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

             (1) For life without the possibility of parole; or

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.

      (b) If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

 


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      (a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.

      (b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of [20] 25 years has been served.

      (c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of [20] 35 years has been served.

      4.  A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:

      (a) A sexual assault pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      5.  For the purpose of this section, “other sexual offense against a child” means any act committed by an adult upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

      (b) Lewdness with a child pursuant to NRS 201.230;

      (c) Sado-masochistic abuse pursuant to NRS 201.262; or

      (d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

      Sec. 8.  NRS 213.1243 is hereby amended to read as follows:

      213.1243  1.  The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

      2.  Lifetime supervision shall be deemed a form of parole for:

      (a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and

      (b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.

      3.  Except as otherwise provided in subsection 8, the Board shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.

 


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ê2007 Statutes of Nevada, Page 3257 (Chapter 528, SB 471)ê

 

      4.  Except as otherwise provided in subsection 8, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his location and producing, upon request, reports or records of his presence near or within a crime scene or prohibited area or his departure from a specified geographic location.

      (c) Pay any costs associated with his participation under the system of active electronic monitoring, to the extent of his ability to pay.

      5.  A [person] sex offender placed under the system of active electronic monitoring pursuant to subsection 3 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to his participation under the system of active electronic monitoring.

      6.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      7.  Except as otherwise provided in subsection 6, a sex offender who commits a violation of a condition imposed on him pursuant to the program of lifetime supervision is guilty of [:

      (a) If the violation constitutes a minor violation, a misdemeanor.

      (b) If the violation constitutes a major violation,] a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      [4.] 8.  The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3 and 4 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      9.  If a court issues a warrant for arrest for a violation of this section, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, notice of the issuance of the warrant for arrest in a manner which ensures that such notice is received by the Central Repository within 3 business days.

 


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ê2007 Statutes of Nevada, Page 3258 (Chapter 528, SB 471)ê

 

      10.  For the purposes of prosecution of a violation by a [person] sex offender of a condition imposed upon him pursuant to the program of lifetime supervision, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, within or outside that county or within or outside this State.

      [5.  As used in this section:

      (a) “Major violation” means a violation which poses a threat to the safety or well-being of others and which involves:

             (1) The commission of any crime that is punishable as a gross misdemeanor or felony or any crime that involves a victim who is less than 18 years of age;

             (2) The use of a deadly weapon, explosives or a firearm;

             (3) The use or threatened use of force or violence against a person;

             (4) Death or bodily injury of a person;

             (5) An act of domestic violence;

             (6) Harassment, stalking or threats of any kind; or

             (7) The forcible or unlawful entry of a home, building, structure or vehicle in which a person is present.

      (b) “Minor violation” means a violation that does not constitute a major violation.]

      Sec. 9.  NRS 213.1245 is hereby amended to read as follows:

      213.1245  1.  Except as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of an offense listed in NRS 179D.620, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

      (a) Reside at a location only if [it] :

             (1) The residence has been approved by the parole and probation officer assigned to the parolee . [and keep]

             (2) The parolee keeps the parole and probation officer informed of his current address . [;]

      (b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer . [;]

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee . [;]

      (d) Participate in and complete a program of professional counseling approved by the Division . [;]

      (e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance . [;]

      (f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee . [;]

      (g) Abstain from consuming, possessing or having under his control any alcohol . [;]

      (h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2 .

 


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ê2007 Statutes of Nevada, Page 3259 (Chapter 528, SB 471)ê

 

parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2 . [;]

      (i) Not use aliases or fictitious names . [;]

      (j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee . [;]

      (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.410 is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact . [;]

      (l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not [be in or near:

             (1) A] knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, [school or school grounds;

             (2) A] an athletic field or a facility for youth sports, or a motion picture theater . [; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend;] The provisions of this paragraph apply only to a parolee who is a Tier 3 offender.

      (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication . [;]

      (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee . [;]

      (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee . [;]

      (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee . [; and]

      (q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The parolee;

      (c) The parole and probation officer assigned to the parolee;

      (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and

 


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ê2007 Statutes of Nevada, Page 3260 (Chapter 528, SB 471)ê

 

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      3.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      Sec. 10.  NRS 213.1255 is hereby amended to read as follows:

      213.1255  1.  Except as otherwise provided in subsection 4, in addition to any conditions of parole required to be imposed pursuant to NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 6 against a child under the age of 14 years and who is a Tier 3 offender, the Board shall require that the parolee:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his location and producing, upon request, reports or records of his presence near or within a crime scene or prohibited area or his departure from a specified geographic location.

      (c) Pay any costs associated with his participation under the system of active electronic monitoring, to the extent of his ability to pay.

      2.  A parolee placed under the system of active electronic monitoring pursuant to subsection 1 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to his participation under the system of active electronic monitoring.

      3.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a parolee pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      4.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      5.  In addition to any conditions of parole required to be imposed pursuant to subsection 1 and NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection [2] 6 against a child under the age of 14 years, the Board shall, when appropriate:

      (a) Require the parolee to participate in psychological counseling . [;]

      (b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present . [; and

 


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ê2007 Statutes of Nevada, Page 3261 (Chapter 528, SB 471)ê

 

      (c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.]

      [2.] 6.  The provisions of [subsection] subsections 1 and 5 apply to a prisoner who was convicted of:

      (a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;

      (b) Abuse or neglect of a child pursuant to subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 of NRS 200.508;

      (c) An offense punishable pursuant to subsection 2 of NRS 200.750;

      (d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;

      (e) Lewdness with a child pursuant to NRS 201.230;

      (f) Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony; or

      (g) Any combination of the crimes listed in paragraphs (a) to (f), inclusive.

      Sec. 10.5.  NRS 213.130 is hereby amended to read as follows:

      213.130  1.  The Department of Corrections shall:

      (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

      (b) Notify the State Board of Parole Commissioners of the eligibility of the prisoner to be considered for parole; and

      (c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.

      2.  If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, “photograph” includes any video, digital or other photographic image.

      3.  Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.

      4.  Not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the Board.

 


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ê2007 Statutes of Nevada, Page 3262 (Chapter 528, SB 471)ê

 

meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.

      5.  The Board may deliberate in private after a public meeting held to consider a prisoner for parole.

      6.  The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the Board.

      7.  If a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.

      8.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this section is confidential.

      9.  The Board must not deny parole to a prisoner unless the prisoner has been given reasonable notice of the meeting and the opportunity to be present at the meeting. If the Board fails to provide notice of the meeting to the prisoner or to provide the prisoner with an opportunity to be present and determines that it may deny parole, the Board may reschedule the meeting.

      10.  During a meeting to consider a prisoner for parole, the Board shall allow the prisoner:

      (a) At his own expense, to have a representative present with whom he may confer; and

      (b) To speak on his own behalf or to have his representative speak on his behalf.

      11.  Upon making a final decision concerning the parole of the prisoner, the Board shall provide written notice to the prisoner of its decision not later than 10 working days after the meeting and, if parole is denied, specific recommendations of the Board to improve the possibility of granting parole the next time the prisoner is considered for parole, if any.

      12.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 11.  Section 26 of Assembly Bill No. 579 of this session is hereby amended to read as follows:

      Sec. 26When an offender convicted of a crime against a child or a sex offender registers with a local law enforcement agency as required pursuant to NRS 179D.460 or 179D.480 or section 27 of this act, or updates his registration as required pursuant to section 28 of this act:

      1.  The offender or sex offender shall provide the local law enforcement agency with the following:

      (a) The name of the offender or sex offender and all aliases that he has used or under which he has been known;

      (b) The social security number of the offender or sex offender;

 


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ê2007 Statutes of Nevada, Page 3263 (Chapter 528, SB 471)ê

 

      (c) The address of any residence or location at which the offender or sex offender resides or will reside;

      (d) The name and address of any place where the offender or sex offender is a worker or will be a worker;

      (e) The name and address of any place where the offender or sex offender is a student or will be a student;

      (f) The license plate number and a description of all motor vehicles registered to or frequently driven by the offender or sex offender; and

      (g) Any other information required by federal law.

      2.  If the offender or sex offender has not previously provided a biological specimen pursuant to NRS 176.0913 or 176.0916, the offender or sex offender shall provide a biological specimen to the local law enforcement agency. The local law enforcement agency shall provide the specimen to the forensic laboratory that has been designated by the county in which the offender or sex offender resides, is present or is a worker or student to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

      3.  The local law enforcement agency shall ensure that the record of registration of the offender or sex offender includes, without limitation:

      (a) A complete physical description of the offender or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender or sex offender;

      (b) The text of the provision of law defining each offense for which the offender or sex offender is required to register;

      (c) The criminal history of the offender or sex offender, including, without limitation:

             (1) The dates of all arrests and convictions of the offender or sex offender;

             (2) The status of parole, probation or supervised release of the offender or sex offender;

             (3) The status of the registration of the offender or sex offender; and

             (4) The existence of any outstanding arrest warrants for the offender or sex offender;

      (d) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender;

      (e) The identification number from a driver’s license or an identification card issued to the offender or sex offender by this State or any other jurisdiction and a photocopy of such driver’s license or identification card; and

      (f) Any other information required by federal law.

      Sec. 12.  Section 27 of Assembly Bill No. 579 of this session is hereby amended to read as follows:

      Sec. 27.  1.  In addition to any other registration that is required pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act, each offender or sex offender who, on or after October 1, 2007, is or has been convicted of a crime against a child or a sexual offense shall register initially with the appropriate local law enforcement agency of the jurisdiction in which the offender or sex offender was convicted pursuant to the provisions of this section.

 


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ê2007 Statutes of Nevada, Page 3264 (Chapter 528, SB 471)ê

 

jurisdiction in which the offender or sex offender was convicted pursuant to the provisions of this section.

      2.  An offender or sex offender shall initially register with a local law enforcement agency as required pursuant to subsection 1:

      (a) If the offender or sex offender is sentenced to a term of imprisonment for the crime, before being released from incarceration or confinement for the crime; and

      (b) If the offender or sex offender is not sentenced to a term of imprisonment for the crime, not later than 3 business days after the date on which the offender or sex offender was sentenced for the crime.

      Sec. 13.  1.  There is hereby appropriated from the State General Fund to the State Motor Pool for the Fiscal Year 2007-2008 the sum of $30,112 for the purchase of two motor pool vehicles to be used by the staff employed by the Division of Parole and Probation of the Department of Public Safety for the purpose of carrying out the provisions of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2008, 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, 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.

      Sec. 14.  1.  There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety for the purpose of carrying out the provisions of this act the sums of:

For the Fiscal Year 2007-2008.................................................... $587,115

For the Fiscal Year 2008-2009.................................................... $245,567

      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. 15.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of sections 4, 6 and 11 of this act.

      Sec. 16.  The amendatory provisions of:

      1.  Section 2 of this act apply to a person who is granted probation or a suspension of sentence before, on or after October 1, 2007.

      2.  Section 8 of this act apply to a person who is placed under a program of lifetime supervision before, on or after October 1, 2007; and

      3.  Sections 9 and 10 of this act apply to a person who is released on parole before, on or after October 1, 2007.

 


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ê2007 Statutes of Nevada, Page 3265 (Chapter 528, SB 471)ê

 

      Sec. 17.  1.  This section becomes effective upon passage and approval. Section 10.5 of this act becomes effective upon passage and approval for the purpose of adopting rules and regulations and establishing any forms necessary to carry out the provisions of that section and on October 1, 2007, for all other purposes.

      2.  Sections 13 and 14 of this act become effective on July 1, 2007.

      3.  Sections 1 to 10, inclusive, 15 and 16 of this act become effective on October 1, 2007.

      4.  Sections 11 and 12 of this act become effective on October 1, 2007, only if Assembly Bill No. 579 of this session becomes effective.

      5.  Sections 5 and 6 of this act expire by limitation on June 30, 2008.

________

 

CHAPTER 529, SB 387

Senate Bill No. 387–Senators Raggio, Townsend, Cegavske, Heck, Beers, Amodei, Coffin, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Titus, Washington, Wiener and Woodhouse

 

CHAPTER 529

 

AN ACT relating to public works; revising the membership of the State Public Works Board; revising the duties of the Manager appointed by the Board; providing for the appointment by the Board of a deputy manager for compliance and code enforcement; revising the order in which money received by the Board for a capital improvement project must be expended; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Public Works Board consists of the Director of the Department of Administration and six members appointed by the Governor. (NRS 341.020) Section 12 of this bill provides for the abolishment of the current Board, and section 1.5 of this bill provides for the appointment of a new Board consisting of five members appointed by the Governor, one member appointed by the Majority Leader of the Senate and one member appointed by the Speaker of the Assembly. Each member serves at the pleasure of the appointing authority. Section 3 of this bill clarifies that members and employees of the Board are entitled to receive per diem allowances and travel expenses to the extent money is available for such payments. (NRS 341.050)

      Sections 4, 7 and 8 of this bill clarify that the approval required for expenditure of money for advanced planning and changes in the scope of a project is to be obtained from the Interim Finance Committee before money is committed or other action is taken. (NRS 341.090, 341.142, 341.145) Section 10 of this bill authorizes the Interim Finance Committee to appoint a subcommittee to review certain matters of the Board that require prior approval of the Committee. (NRS 218.6827)

      Under existing law, the Board may appoint a Manager who, with the approval of the Board, is authorized to appoint two deputy managers. (NRS 341.100) Section 5 of this bill requires the Board to appoint a Manager and a deputy manager for compliance and code enforcement, each of whom must be approved by the Governor. (NRS 341.100) Section 5 also requires the Manager, with the approval of the Board, to appoint certain deputy managers. Additionally, section 5 revises the recipients of and expands the information that must be included in monthly reports by the Manager concerning progress on current public works projects.

 


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ê2007 Statutes of Nevada, Page 3266 (Chapter 529, SB 387)ê

 

and expands the information that must be included in monthly reports by the Manager concerning progress on current public works projects. Section 5 also transfers the duty to serve as the state building official from the Manager to the deputy manager for compliance and code enforcement. Sections 5 and 8 transfer final authority to approve the architecture of state buildings, plans, designs, types of construction, major repairs and designs of landscaping from the Board to the Manager. (NRS 341.100, 341.145)

      Section 8 of this bill revises the authority of the Board concerning the negotiation of revised bids on certain contracts and change orders. (NRS 341.145) Section 9 of this bill revises the order in which money from multiple sources must be expended on public works projects. (NRS 341.146)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.140 is hereby amended to read as follows:

      338.140  1.  A public body shall not draft or cause to be drafted specifications for bids, in connection with a public work:

      (a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern.

      (b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words “or equal” so that bidders may furnish any equal material, product, thing or service.

      (c) In such a manner as to hold the bidder to whom such contract is awarded responsible for extra costs incurred as a result of errors or omissions by the public body in the contract documents.

      (d) [In] Except as otherwise provided in subsection 2, in such a manner as to require a bidder to furnish to the public body, whether before or after the bid is submitted, documents generated in the preparation or determination of prices included in the bid, except when requested by the public body for:

             (1) A determination of the price of additional work performed pursuant to a change order;

             (2) An evaluation of claims for costs incurred for the performance of additional work;

             (3) Preparation for arbitration or litigation;

             (4) A determination of the validity of the protest of a bid;

             (5) A determination of the validity of an increase or decrease in the price of a contract in accordance with a provision in the contract which authorizes such an increase or decrease to correspond to changing market conditions; or

             (6) Any combination thereof.

[Ê A document furnished to a public body pursuant to this paragraph is confidential and must be returned to the bidder.]

      2.  A public body may, at the time a bid is submitted, require documents generated in the preparation or determination of prices included in the bid to be transmitted to and stored electronically by the public body or a third party. Any document furnished [to a public body] by a bidder pursuant to this [paragraph] subsection may be transmitted and stored electronically if the manner of transmission ensures that the documents are exclusively accessible to the bidder.

 


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exclusively accessible to the bidder. Electronic transmission and storage of such documents does not waive or otherwise affect the proprietary interests of the bidder in the documents [.

      2.  ] , except that the third party or the bidder must release any document furnished pursuant to this subsection if requested by the public body pursuant to paragraph (d) of subsection 1.

      3.  In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the public body, it may list only one.

      [3.] 4.  Specifications must provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of “an equal” item.

      Sec. 1.5.  NRS 341.020 is hereby amended to read as follows:

      341.020  1.  The State Public Works Board [, consisting of the Director of the Department of Administration and six members appointed by the Governor,] is hereby created . [within the Department of Administration.

      2.  At least one of the appointed members must have a comprehensive knowledge of the principles of administration and at least one of the appointed members must have a working knowledge of the principles of engineering or architecture.]

      2.  The Board consists of seven members appointed as follows:

      (a) The Governor shall appoint:

             (1) One member who has education or experience, or both, regarding the principles of engineering or architecture;

             (2) One member who has education or experience, or both, regarding the principles of financing or managing public or private construction projects;

             (3) One member who is licensed to practice law in this State and who has experience in the practice of construction law; and

             (4) Two members who are licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

      (b) The Majority Leader of the Senate shall appoint one member who is licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

      (c) The Speaker of the Assembly shall appoint one member who is licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

      3.  Each member of the Board serves at the pleasure of the appointing authority.

      4.  A vacancy on the Board must be filled by the appointing authority in the same manner as the original appointment.

      Sec. 2.  NRS 341.041 is hereby amended to read as follows:

      341.041  1.  If [an appointed] a member of the Board fails to attend three successive meetings of the Board, the Board shall [notify the Governor] provide notice of that fact, in writing, to the appointing authority who appointed that member.

      2.  The notice must be provided to the appointing authority within 5 days after the third successive meeting that the member fails to attend.

      3.  Upon receipt of the notice, the [Governor] appointing authority may appoint a person to replace the member [for the unexpired term of that member.] in the same manner as filling a vacancy on the Board.

 


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      Sec. 3.  NRS 341.050 is hereby amended to read as follows:

      341.050  1.  Each member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.

      2.  [While] Except as otherwise provided in this subsection, while engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and travel expenses must be paid from money appropriated for the use of the Board [.] , to the extent such money is available.

      Sec. 4.  NRS 341.090 is hereby amended to read as follows:

      341.090  1.  Except as otherwise provided in subsections 2 and 3, the Board may make expenditures necessary to carry into effect the purposes of its acts.

      2.  All expenditures made by the Board must be within the limits of the appropriation provided for the use of the Board, or provided from money appropriated or authorized for expenditure by the Legislature for construction work or major repairs.

      3.  The Board may, with the prior approval of the Interim Finance Committee , [when the Legislature is not in regular or special session, or with the approval of the Legislature by concurrent resolution when the Legislature is in regular or special session,] expend money obtained from any source for advance planning of projects of capital improvement. For the purposes of this subsection, “advance planning” means the preparation of floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project.

      Sec. 5.  NRS 341.100 is hereby amended to read as follows:

      341.100  1.  The Board [may] shall appoint a Manager [who] and a deputy manager for compliance and code enforcement, each of whom must be approved by the Governor. The Manager [serves] and the deputy manager for compliance and code enforcement serve at the pleasure of the Board and the Governor. [The Board or the Governor may remove the Manager for inefficiency, neglect of duty, malfeasance or for other just cause.]

      2.  The Manager, with the approval of the Board, [may] shall appoint : [a]

      (a) A deputy manager for professional services [and a] ; and

      (b) A deputy manager for administrative, fiscal and constructional services. [In addition, the]

Ê Each deputy manager appointed pursuant to this subsection serves at the pleasure of the Manager.

      3.  The Manager may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.

      [3.] 4.  The Manager and [his deputies] each deputy manager are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Manager and each deputy manager shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      [4.] 5.  The Manager and [his] the deputy manager for professional services must each be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

 


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      6.  The deputy manager for administrative, fiscal and constructional services must have a comprehensive knowledge of the principles of administration and a working knowledge of the principles of engineering or architecture as determined by the Board.

      [5.] 7.  The deputy manager for compliance and code enforcement must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Board.

      8.  The Manager shall:

      (a) Serve as the Secretary of the Board.

      (b) Manage the daily affairs of the Board.

      (c) Represent the Board before the Legislature.

      (d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

      (e) Make recommendations to the Board for the selection of architects, engineers and contractors.

      (f) Make recommendations to the Board concerning the acceptance of completed projects.

      (g) [Advise] Submit in writing to the Board , the Governor and the [Legislature, or the] Interim Finance Committee [if the Legislature is not in session, on] a monthly [basis of the progress of] report regarding all public works projects which are a part of the approved capital improvement program.

      [(h) Serve] For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

             (1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

             (2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

             (3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

             (4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

      (h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

      9.  The deputy manager for compliance and code enforcement shall serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government.

      Sec. 6.  NRS 341.105 is hereby amended to read as follows:

      341.105  1.  When acting in the capacity of building official pursuant to [paragraph (h) of subsection 5] subsection 9 of NRS 341.100, the [Manager] deputy manager for compliance and code enforcement or his designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.

 


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on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.

      2.  If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.

      3.  Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150. Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      4.  In addition to the criminal penalty set forth in subsection 3, the [Manager] deputy manager for compliance and code enforcement may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.

      5.  If a person wishes to contest an order issued to him pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.

      6.  If a person refuses to comply with an order issued pursuant to subsection 1, the [Manager] deputy manager for compliance and code enforcement may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney’s fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.

      7.  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Board, the [Manager] deputy manager for compliance and code enforcement or any officers, employees or agents of the Board in carrying out the provisions of this section.

      8.  As used in this section, “person” includes a government and a governmental subdivision, agency or instrumentality.

      Sec. 7.  NRS 341.142 is hereby amended to read as follows:

      341.142  The Board may, with the prior approval of the Interim Finance Committee , [when the Legislature is not in regular or special session, or with the approval of the Legislature by concurrent resolution when the Legislature is in regular or special session,] plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The Board may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the Board considers it desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the Legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the Legislature has appropriated or may appropriate money.

 


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any state agency for which the Legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the Legislature.

      Sec. 8.  NRS 341.145 is hereby amended to read as follows:

      341.145  The Board:

      1.  [Has final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

      2.]  Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the Board shall apply for the rebate.

      [3.] 2.  Shall solicit bids for and let all contracts for new construction or major repairs.

      [4.] 3.  May negotiate with the lowest responsible and responsive bidder on any contract to obtain a revised bid if:

      (a) The bid is less than the appropriation made by the Legislature for that building project; and

      (b) The bid does not exceed the relevant budget item for that building project as established by the Board by more than 10 percent.

      [5.] 4.  May reject any or all bids.

      [6.] 5.  After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the Legislature.

      [7.] 6.  Shall obtain prior approval from the Interim Finance Committee [when the Legislature is not in regular or special session, or from the Legislature by concurrent resolution when the Legislature is in regular or special session, for] before authorizing any change in the scope of the design or construction of a project as that project was authorized by the Legislature [. The Board shall adopt by regulation criteria for determining whether a change in the scope of the design or construction of a project requires such approval.

      8.  May] , if the change increases or decreases the total square footage or cost of the project by 10 percent or more.

      7.  Except for changes that require prior approval pursuant to subsection 6, may authorize change orders, before or during construction:

      (a) In any amount, where the change represents a reduction in the total awarded contract price.

      (b) Except as otherwise provided in paragraph (c), not to exceed in the aggregate [10] 15 percent of the total awarded contract price, where the change represents an increase in that price.

      (c) In any amount, where the total awarded contract price is less than [$10,000] $50,000 and the change represents an increase not exceeding the amount of the total awarded contract price.

      [9.] (d) In any amount, where additional money was authorized or appropriated by the Legislature and issuing a new contract would not be in the best interests of the State.

      8.  Shall specify in any contract with a design professional the period within which the design professional must prepare and submit to the Board a change order that has been authorized by the design professional. As used in this subsection, “design professional” means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

 


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      [10.] 9.  Has final authority to accept each building or structure, or any portion thereof, on property of the State or held in trust for any division of the State Government as completed or to require necessary alterations to conform to the contract or to codes adopted by the Board, and to file the notice of completion and certificate of occupancy for the building or structure.

      Sec. 9.  NRS 341.146 is hereby amended to read as follows:

      341.146  1.  The Board shall establish funds for projects of capital construction necessary to account for the program of capital construction approved by the Legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the Board.

      2.  If a state department, board, commission or agency provides to the Board money that has not been appropriated by the Legislature for a capital improvement project, any interest earned on that money accrues to the benefit of the project. Upon a determination by the Board that the project is completed, the Board shall return any principal and interest remaining on that money to the department, board, commission or agency that had provided the money to the Board.

      3.  Except as otherwise provided in subsection 4, if the money actually received by the Board for a capital improvement project includes money from more than one source, the money must be expended in the following order:

      (a) Money received for the project from the Federal Government;

      (b) Money generated by the state department, board, commission or agency for whom the project is being performed;

      (c) Money that was approved for the same or a different project during a previous biennium that has been reallocated during the current biennium for the project;

      (d) [Proceeds] Except as otherwise provided in paragraphs (e), (f) and (g), money received for the project from any other source;

      (e) Money from the issuance of general obligation bonds;

      [(e)] (f) Money from the State Highway Fund; and

      (g) Money from the State General Fund . [; and

      (f) Any other source of money for the project.]

      4.  The provisions of subsection 3 do not apply if the receipt of any money from the Federal Government for the project is conditioned upon a different order of expenditure.

      Sec. 9.3.  NRS 341.161 is hereby amended to read as follows:

      341.161  1.  The Board may [, with the approval of the Interim Finance Committee when the Legislature is not in regular or special session, or with the approval of the Legislature by concurrent resolution when the Legislature is in regular or special session,] let to a contractor licensed under chapter 624 of NRS a contract for services which assist the Board in the design and construction of a project of capital improvement.

      2.  The Board shall adopt regulations establishing procedures for:

      (a) The determination of the qualifications of contractors to bid for contracts for services described in subsection 1.

      (b) The bidding and awarding of such contracts, subject to the provisions of subsection 3.

      (c) The awarding of construction contracts based on a final cost of the project which the contractor guarantees will not be exceeded.

 


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      (d) The scheduling and controlling of projects.

      3.  Bids on contracts for services which assist the Board in the design and construction of a project of capital improvement must state separately the contractor’s cost for:

      (a) Assisting the Board in the design and construction of the project.

      (b) Obtaining all bids for subcontracts.

      (c) Administering the construction contract.

      4.  A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in title 28 of NRS.

      Sec. 9.5.  NRS 341.166 is hereby amended to read as follows:

      341.166  1.  The Board may [, with the approval of the Interim Finance Committee when the Legislature is not in regular or special session, or with the approval of the Legislature by concurrent resolution when the Legislature is in regular or special session,] enter into a contract for services with a contractor licensed pursuant to chapter 624 of NRS to assist the Board:

      (a) In the development of designs, plans, specifications and estimates of costs for a proposed construction project.

      (b) In the review of designs, plans, specifications and estimates of costs for a proposed construction project to ensure that the designs, plans, specifications and estimates of costs are complete and that the project is feasible to construct.

      2.  The Board is not required to advertise for bids for a contract for services pursuant to subsection 1, but may solicit bids from not fewer than three licensed contractors and may award the contract to the lowest responsible and responsive bidder.

      3.  The Board shall adopt regulations establishing procedures for:

      (a) The determination of the qualifications of contractors to bid for the contracts for services described in subsection 1.

      (b) The bidding and awarding of such contracts.

      4.  If a proposed construction project for which a contractor is awarded a contract for services by the Board pursuant to subsection 1 is advertised pursuant to NRS 338.1385, that contractor may submit a bid for the contract for the proposed construction project if he is qualified pursuant to NRS 338.1375.

      Sec. 9.7.  NRS 341.191 is hereby amended to read as follows:

      341.191  1.  The Board shall submit reports and make recommendations relative to its findings to the Governor and to the Legislature. The Board shall particularly recommend to the Governor and to the Legislature the priority of construction of any [and all] buildings or other construction work now authorized or that may hereafter be authorized or proposed.

      2.  The Board shall submit before October 1 of each even-numbered year its recommendations for projects for capital improvements in the next biennium. The recommendations must, to the extent practicable, provide that each project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium.

      Sec. 10.  NRS 218.6827 is hereby amended to read as follows:

      218.6827  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

 


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      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, subsection 6 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

      3.  The Chairman of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Board that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If the Chairman appoints such a subcommittee:

      (a) The Chairman shall designate one of the members of the subcommittee to serve as the chairman of the subcommittee;

      (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chairman of the subcommittee; and

      (c) The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording secretary of the subcommittee.

      Sec. 10.5.  NRS 353.185 is hereby amended to read as follows:

      353.185  The powers and duties of the Chief are:

      1.  To appraise the quantity and quality of services rendered by each agency in the Executive Department of the State Government, and the needs for such services and for any new services.

      2.  To develop plans for improvements and economies in organization and operation of the Executive Department, and to install such plans as are approved by the respective heads of the various agencies of the Executive Department, or as are directed to be installed by the Governor or the Legislature.

      3.  To cooperate with the State Public Works Board in developing comprehensive, long-range plans for capital improvements and the means for financing them.

      4.  To devise and prescribe the forms for reports on the operations of the agencies in the Executive Department to be required periodically from the several agencies in the Executive Department, and to require the several agencies to make such reports.

      5.  To prepare the executive budget report for the Governor’s approval and submission to the Legislature.

      6.  To prepare a proposed budget for the Executive Department of the State Government for the next 2 fiscal years, which must:

      (a) Present a complete financial plan for the next 2 fiscal years;

      (b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the Executive Department of the State Government, including those operating on funds designated for specific purposes by the Constitution or otherwise, which must include a separate statement of:

 


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             (1) The anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the next 2 fiscal years and of each capital improvement constructed on or after July 1, 1999, which is to be used during those fiscal years or a future fiscal year; and

             (2) The proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during the next 2 fiscal years;

      (c) Set forth all charges for interest and debt redemption during the next 2 fiscal years;

      (d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years [;] , and which must, to the extent practicable, provide that each capital project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium; and

      (e) Set forth the anticipated revenues of the State Government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.

      7.  To examine and approve work programs and allotments to the several agencies in the Executive Department, and changes therein.

      8.  To examine and approve statements and reports on the estimated future financial condition and the operations of the agencies in the Executive Department of the State Government and the several budgetary units that have been prepared by those agencies and budgetary units, before the reports are released to the Governor, to the Legislature, or for publication.

      9.  To receive and deal with requests for information as to the budgetary status and operations of the executive agencies of the State Government.

      10.  To prepare such statements of unit costs and other statistics relating to cost as may be required from time to time, or requested by the Governor or the Legislature.

      11.  To do and perform such other and further duties relative to the development and submission of an adequate proposed budget for the Executive Department of the State Government of the State of Nevada as the Governor may require.

      Sec. 11.  NRS 341.030 is hereby repealed.

      Sec. 12.  1.  Notwithstanding the provisions of any specific statute to the contrary, the term of each person serving as a member of the State Public Works Board on June 30, 2007, expires on that date.

      2.  Each appointing authority described in NRS 341.020, as amended by section 1 of this act, shall, as soon as practicable after the effective date of this section, make his respective appointment of members to the State Public Works Board as required by that section. The term of each member so appointed begins on July 1, 2007.

      3.  A person serving as a member of the State Public Works Board before July 1, 2007, may be appointed to the Board pursuant to NRS 341.020, as amended by section 1 of this act, if the person has the qualifications for membership set forth in that section.

      Sec. 12.5.  1.  The State Public Works Board, in consultation with the Interim Finance Committee, shall establish a pilot program to determine the efficacy and feasibility of using private project management services and private project inspection services for construction projects in connection with public works projects that are sponsored by the Board.

 


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ê2007 Statutes of Nevada, Page 3276 (Chapter 529, SB 387)ê

 

private project inspection services for construction projects in connection with public works projects that are sponsored by the Board.

      2.  The pilot program must include, without limitation:

      (a) At least one demonstration project in which a public work sponsored by the Board is constructed using private project management and project inspection services;

      (b) An analysis of the costs and benefits associated with the use of private project management and project inspection services; and

      (c) Such other components as required by the Interim Finance Committee.

      Sec. 13.  1.  This section and section 12 of this act become effective upon passage and approval.

      2.  Section 1.5 of this act becomes effective upon passage and approval for the purpose of appointing members to the State Public Works Board, and on July 1, 2007, for all other purposes.

      3.  Sections 1, 2 to 11, inclusive, and 12.5 of this act become effective on July 1, 2007.

________

 

CHAPTER 530, SB 238

Senate Bill No. 238–Committee on Human Resources and Education

 

CHAPTER 530

 

AN ACT relating to education; establishing a program of empowerment schools for the public schools in this State; authorizing public schools to develop empowerment plans; prescribing the process for the approval of empowerment plans by the State Board of Education and the boards of trustees of school districts; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Section 3 of this bill establishes a program of empowerment schools for public schools within this State. Section 3 also authorizes each board of trustees of a school district to create a design team for the school district to advise the board of trustees on empowerment schools. Section 4 of this bill provides for the establishment of policies and procedures for schools that wish to convert to empowerment schools.

      Sections 5 and 6 of this bill address the requirements for a school to convert to an empowerment school, including the establishment of an empowerment team and the development of an empowerment plan. The principal of a public school located in a county whose population is less than 100,000 is not required to establish an empowerment team. Sections 6.3 and 6.5 of this bill require the empowerment plan of a school to be approved by the board of trustees of the school district or, if the school is a charter school that is sponsored by the State Board of Education, the State Board, before the school can operate as an empowerment school.

 


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ê2007 Statutes of Nevada, Page 3277 (Chapter 530, SB 238)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 386 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, “empowerment school” means a public school operating under an empowerment plan developed pursuant to section 6 of this act and approved pursuant to section 6.3 or 6.5 of this act, as applicable.

      Sec. 3.  1.  There is hereby established a program of empowerment schools for public schools within this State. The program does not include a university school for profoundly gifted pupils.

      2.  Except as otherwise provided in this subsection, the board of trustees of a school district which is located:

      (a) In a county whose population is less than 100,000 may approve public schools located within the school district to operate as empowerment schools.

      (b) In a county whose population is 100,000 or more shall approve not less than 5 percent of the schools located within the school district to operate as empowerment schools.

Ê The total number of schools which operate as empowerment schools in this State must not exceed 100 schools. The Department shall adopt procedures to ensure compliance with the provisions of this subsection.

      3.  The board of trustees of a school district which participates in the program of empowerment schools shall, on or before September 1 of each year, provide notice to the Department of the number of schools within the school district that are approved to operate as empowerment schools for that school year.

      4.  The board of trustees of a school district that participates in the program of empowerment schools may create a design team for the school district. If such a design team is created, the membership of the design team must consist of the following persons appointed by the board of trustees:

      (a) At least one representative of the board of trustees;

      (b) The superintendent of the school district, or his designee;

      (c) Parents and legal guardians of pupils enrolled in public schools in the school district;

      (d) Teachers and other educational personnel employed by the school district, including, without limitation, school administrators;

      (e) Representatives of organizations that represent teachers and other educational personnel;

      (f) Representatives of the community in which the school district is located and representatives of businesses within the community; and

      (g) Such other members as the board of trustees determines are necessary.

      5.  If a design team is created for a school district, the design team shall:

      (a) Recommend policies and procedures relating to empowerment schools to the board of trustees of the school district; and

      (b) Advise the board of trustees on issues relating to empowerment schools.

 


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ê2007 Statutes of Nevada, Page 3278 (Chapter 530, SB 238)ê

 

      6.  The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school districts.

      Sec. 4.  1.  The board of trustees of a school district that participates in the program of empowerment schools may establish policies and procedures for public schools within the school district that wish to convert to empowerment schools which may provide for:

      (a) The process by which a public school may convert to an empowerment school, including, without limitation, the development of an empowerment plan for the school in accordance with section 6 of this act;

      (b) Autonomy for the principal of each empowerment school to decide issues relating to the operation of the school, including, without limitation, the school schedule, governance, incentives for employees, staffing, budgeting and the provision of instruction;

      (c) The opportunity for empowerment schools within the school district to offer an alternative schedule, including, without limitation, a longer school day or a longer school year, or both, and to offer school during the summer; and

      (d) Other matters as deemed necessary by the board of trustees.

      2.  The board of trustees of a school district that participates in the program of empowerment schools shall adopt policies and procedures which provide for:

      (a) Accountability measures designed to ensure that pupils enrolled in an empowerment school are achieving certain goals and standards relating to academic achievement;

      (b) The process for the selection of empowerment schools and the approval of empowerment plans for those schools;

      (c) The process for renewal of empowerment plans;

      (d) The criteria for revocation of an empowerment plan for a school and the procedure for revocation; and

      (e) The time period for which empowerment plans will be approved.

      3.  A school district that participates in the program of empowerment schools shall provide a process for a pupil who resides in the school district to attend:

      (a) An empowerment school regardless of the school which the pupil is otherwise zoned to attend.

      (b) A school that is not an empowerment school if the pupil is zoned to attend a school that converts to an empowerment school.

Ê The board of trustees of a school district must comply with the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq., when establishing provisions relating to school choice pursuant to this subsection.

      4.  An empowerment school shall:

      (a) Enroll first the pupils who are zoned to attend that school.

      (b) After the enrollment of pupils pursuant to paragraph (a), if the school has space available, enroll pupils who are not otherwise zoned to attend the school on the basis of a lottery system.

      5.  A school district is not required to provide transportation to a pupil who attends a public school which the pupil is not otherwise zoned to attend.

      6.  A school district that participates in the program of empowerment schools shall provide a procedure for an empowerment school to obtain a waiver from the requirements and regulations of the board of trustees of the school district.

 


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ê2007 Statutes of Nevada, Page 3279 (Chapter 530, SB 238)ê

 

waiver from the requirements and regulations of the board of trustees of the school district. The board of trustees may not waive:

      (a) The requirements of a state or federal law or regulation.

      (b) A policy or requirement relating to safety, including, without limitation, hiring security personnel and following procedures designed to ensure the safety of the school, the personnel employed at the school and the pupils.

      Sec. 5.  1.  Except as otherwise provided in subsection 2, the principal of a public school within a school district that participates in the program of empowerment schools who wishes to convert to an empowerment school shall:

      (a) Establish an empowerment team for the school; and

      (b) Develop an empowerment plan for the school in consultation with:

             (1) The empowerment team; and

             (2) The school support team, if a school support team has been established for the school pursuant to NRS 385.3721.

      2.  The principal of a public school located in a county whose population is less than 100,000 may develop an empowerment plan for the school without establishing or consulting with an empowerment team. If a school support team has been established for the school, the principal shall develop the empowerment plan in consultation with the school support team. If an empowerment team has not been established pursuant to the exception provided in this subsection, the principal of the school shall carry out the responsibilities and duties otherwise assigned to an empowerment team pursuant to sections 2 to 10, inclusive, of this act.

      3.  An empowerment team for a school must consist of the following persons:

      (a) The principal of the school;

      (b) At least two but not more than four teachers and other licensed educational personnel who are employed at the school, selected by a recognized employee organization that represents licensed educational personnel within the school district;

      (c) At least two but not more than four employees, other than teachers and other licensed educational personnel, who are employed at the school, selected by an organization that represents those employees;

      (d) At least two but not more than four parents and legal guardians of pupils enrolled in the school, selected by an association of parents established for the school;

      (e) At least two but not more than four representatives of the community or businesses within the community;

      (f) The facilitator of the school support team, if a school support team has been established for the school pursuant to NRS 385.3721; and

      (g) Such other persons as may be necessary to meet the requirements set forth in subsection 4.

      4.  Of the total number of members on an empowerment team for a school:

      (a) At least one member must have 5 years or more of experience in school finance;

      (b) At least one member must have 5 years or more of experience in school administration or human resources;

 


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ê2007 Statutes of Nevada, Page 3280 (Chapter 530, SB 238)ê

 

      (c) At least one member must have 5 years or more of experience in overseeing the academic programs and curriculum for a public school; and

      (d) At least one member must have 5 years or more of experience in the collection and analysis of data.

Ê The provisions of this subsection do not require the appointment of four persons if one, two or three such persons satisfy the qualifications.

      5.  A charter school that wishes to participate in the program of empowerment schools shall comply with the provisions of sections 2 to 10, inclusive, of this act. If a charter school is approved as an empowerment school, the charter school does not forfeit its status as a charter school.

      Sec. 5.5.  An empowerment team for a school shall:

      1.  Select, from among its members, a Chairman and a Vice Chairman.

      2.  Assist the principal in the development of the empowerment plan for the school.

      3.  Assist in the development of the proposed budget for the school and provide ongoing advice to the principal concerning the expenditure of money apportioned to the school.

      4.  Provide continued oversight of the school and assist in the management decisions for the school.

      Sec. 6.  1.  Each empowerment plan for a school must:

      (a) Set forth the manner by which the school will be governed;

      (b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

      (c) If a school support team has been established for the school pursuant to NRS 385.3721, require the principal and the empowerment team for the school to work in consultation with the school support team;

      (d) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

      (e) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 389.015 and 389.550;

      (f) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (g) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (h) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

      (i) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

      (j) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

 


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ê2007 Statutes of Nevada, Page 3281 (Chapter 530, SB 238)ê

 

      (k) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

      (l) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385.357;

      (m) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

      (n) Set forth the calendar and schedule for the school.

      2.  If the empowerment plan includes an incentive pay structure, that pay structure must:

      (a) Provide an incentive for all staff employed at the school;

      (b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

      (c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

      3.  An empowerment plan may:

      (a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

      (b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

      4.  For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

      (a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

      (b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

      Sec. 6.3.  1.  Except as otherwise provided in subsection 10, the empowerment team of a public school, other than a charter school that is sponsored by the State Board, that develops an empowerment plan pursuant to section 6 of this act shall submit the proposed empowerment plan to the designee of the board of trustees appointed pursuant to this subsection for review and approval pursuant to this section. The board of trustees shall designate a person to review each proposed empowerment plan and recommend the approval or denial of the plan to the board of trustees.

      2.  The board of trustees shall approve or deny the empowerment plan. The approval or denial of an empowerment plan must be based solely upon the contents of the plan and may not consider the amount of money required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the school pursuant to subsection 4 of section 6 of this act.

 


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ê2007 Statutes of Nevada, Page 3282 (Chapter 530, SB 238)ê

 

required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the school pursuant to subsection 4 of section 6 of this act.

      3.  Except as otherwise provided in subsection 10, if the board of trustees approves an empowerment plan, the president of the board of trustees, the principal of the public school and the chairman of the empowerment team, if the principal is not the chairman, shall each sign the plan. The empowerment plan is effective for 3 years unless the empowerment team determines that the school will no longer operate under the plan or the board of trustees of the school district revokes the plan.

      4.  Except as otherwise provided in subsection 10, if the board of trustees denies an empowerment plan, the board of trustees shall:

      (a) Return the plan to the empowerment team with a written statement indicating the reason for the denial; and

      (b) Provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval. An empowerment plan may be resubmitted not more than once in a school year.

      5.  Except as otherwise provided in subsection 10, an empowerment plan for a public school is not effective and a public school shall not operate as an empowerment school unless the plan is signed by the president of the board of trustees of the school district, the principal of the public school and the chairman of the empowerment team, if the principal is not the chairman. If an empowerment plan includes a request for a waiver from a statute contained in this title or a regulation of the State Board or the Department, a public school may operate under the approved plan but the requested waivers from state law are not effective unless approved by the State Board pursuant to subsection 7.

      6.  Except as otherwise provided in subsection 10, the empowerment team may submit a written request to the board of trustees for an amendment to the empowerment plan approved pursuant to this section, including an explanation of the reason for the amendment. An amendment must be approved in the same manner as the empowerment plan was approved.

      7.  If the empowerment plan includes a request for a waiver from a statute or regulation, the board of trustees shall forward the approved empowerment plan to the State Board for review of the request for a waiver. The State Board shall review the empowerment plan and may approve or deny the request for a waiver from a statute or regulation unless the statute or regulation is required by federal law or is required to carry out federal law.

      8.  If the State Board approves the request for a waiver for a school, the Department shall provide written notice of the approval to the board of trustees of the school district that submitted the empowerment plan on behalf of the school.

      9.  If the State Board denies a request for a waiver, the State Board shall:

      (a) Return the request to the school district with a written statement indicating the reason for the denial; and

      (b) Except as otherwise provided in subsection 10, provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval.

 


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ê2007 Statutes of Nevada, Page 3283 (Chapter 530, SB 238)ê

 

deficiencies identified in the written statement and resubmit it for approval. A request for a waiver may be resubmitted by the school district, after the empowerment team corrects any deficiencies, not more than once in a school year.

      10.  If an empowerment team has not been established pursuant to the exception provided in subsection 2 of section 5 of this act, the principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

      Sec. 6.5.  1.  Except as otherwise provided in subsection 7, the empowerment team of a charter school that is sponsored by the State Board which develops an empowerment plan pursuant to section 6 of this act shall submit the proposed plan to the Department for transmission to the State Board for review and approval pursuant to this section.

      2.  The State Board shall review each proposed empowerment plan and approve or deny the plan, including a request for a waiver from a statute contained in this title or a regulation of the State Board or the Department, if applicable. The approval or denial of an empowerment plan must be based solely upon the contents of the plan and may not consider the amount of money required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the charter school pursuant to subsection 4 of section 6 of this act.

      3.  Except as otherwise provided in subsection 7, if the State Board approves an empowerment plan, the President of the State Board, the principal of the charter school and the chairman of the empowerment team, if the principal is not the chairman, shall each sign the plan. The empowerment plan is effective for 3 years unless the empowerment team determines that the school will no longer operate under the plan or the State Board revokes the plan.

      4.  Except as otherwise provided in subsection 7, if the State Board denies an empowerment plan, the State Board shall:

      (a) Return the plan to the empowerment team with a written statement indicating the reason for the denial; and

      (b) Provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval. An empowerment plan may be resubmitted not more than once in a school year.

      5.  Except as otherwise provided in subsection 7, an empowerment plan for a charter school that is sponsored by the State Board is not effective and a charter school shall not operate as an empowerment school unless the plan is signed by the President of the State Board, the principal of the charter school and the chairman of the empowerment team, if the principal is not the chairman.

      6.  Except as otherwise provided in subsection 7, the empowerment team may submit a written request to the Department for an amendment to the empowerment plan approved pursuant to this section, including an explanation of the reason for the amendment. An amendment must be approved in the same manner as the empowerment plan was approved.

      7.  If an empowerment team has not been established pursuant to the exception provided in subsection 2 of section 5 of this act, the principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

 


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ê2007 Statutes of Nevada, Page 3284 (Chapter 530, SB 238)ê

 

      Sec. 6.7.  1.  Each empowerment school, other than a charter school that is sponsored by the State Board, shall, on a quarterly basis, submit to the board of trustees of the school district in which the school is located a report that includes:

      (a) The financial status of the school; and

      (b) A description of the school’s compliance with each component of the empowerment plan for the school.

      2.  Each charter school that is sponsored by the State Board which is approved to operate as an empowerment school shall, on a quarterly basis, submit to the Department a report that includes:

      (a) The financial status of the school; and

      (b) A description of the school’s compliance with each component of the empowerment plan for the school.

      3.  The board of trustees of a school district shall conduct a financial audit of each empowerment school within the school district, other than a charter school that is sponsored by the State Board. Each financial audit must be conducted on an annual basis and more frequently if determined necessary by the board of trustees.

      4.  The Department shall conduct a financial audit of each charter school that is sponsored by the State Board which operates as an empowerment school on an annual basis and more frequently if determined necessary by the Department.

      5.  On or before July 1 of each year, the board of trustees of each school district shall compile the reports and audits required pursuant to subsections 1 and 3, if any, and forward the compilation to the:

      (a) Governor;

      (b) Department; and

      (c) Legislative Committee on Education.

      6.  On or before July 1 of each year, the Department shall compile the reports and audits required pursuant to subsections 2 and 4, if any, and forward the compilation to the:

      (a) Governor; and

      (b) Legislative Committee on Education.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  1.  Except as otherwise provided pursuant to a waiver granted in accordance with section 6.3 or 6.5 of this act, each empowerment school, each person employed by an empowerment school and each pupil enrolled in an empowerment school shall comply with the applicable requirements of state law, including, without limitation, the standards of content and performance prescribed pursuant to NRS 389.520 and the examinations that are administered pursuant to NRS 389.015 and 389.550.

      2.  Each empowerment school may accept gifts, grants and donations from any source for the support of its empowerment plan. A person who gives a gift, grant or donation may designate all or part of the gift, grant or donation specifically to carry out the incentive pay structure of the school, if applicable.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  The State Board may adopt regulations to carry out the provisions of sections 2 to 10, inclusive, of this act.

      Secs. 11-18.  (Deleted by amendment.)

 


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ê2007 Statutes of Nevada, Page 3285 (Chapter 530, SB 238)ê

 

      Sec. 18.5.  For the purpose of complying with the provisions of paragraph (b) of subsection 2 of section 3 of this act, the Clark County School District may, in calculating the number of schools that must be approved to operate as empowerment schools, include the four public schools that operated as empowerment schools during the 2006-2007 school year if those schools continue to operate as empowerment schools for the 2007-2008 school year and the 2008-2009 school year.

      Sec. 19.  The amount of money available from legislative authorization for the 2007-2009 biennium for empowerment programs and the operation of empowerment schools is limited to the amount specifically designated for that purpose in subsection 5 of section 26 of Assembly Bill No. 627 of this session.

      Sec. 20.  This act becomes effective on July 1, 2007, and expires by limitation on June 30, 2011.

________

 

CHAPTER 531, SB 487

Senate Bill No. 487–Committee on Natural Resources

 

CHAPTER 531

 

AN ACT relating to water; providing for the regional management and conservation of water resources in certain portions of Washoe County; creating the Western Regional Water Commission; setting forth the powers and duties of the Western Regional Water Commission; creating the Northern Nevada Water Planning Commission to advise and assist the Western Regional Water Commission; repealing certain provisions relating to regional planning and management of water in certain counties; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Existing general law provides for regional planning and management of water by a water planning commission in counties whose population is 100,000 or more but less than 400,000 (currently Washoe County). Under that general law, a board of county commissioners is required to adopt a comprehensive plan for the supply of municipal and industrial water, quality of water, sanitary sewerage, treatment of sewage, drainage of storm water and control of floods and is required to take action by a two-thirds majority. This general law also provides for a water planning commission, which reports to and advises the board of county commissioners concerning issues relating to water resources. (NRS 540A.010-540A.310)

      This bill repeals various provisions of that general law and creates by special legislation a new structure for regional planning of water resources in certain portions of Washoe County based on the unique conditions and circumstances existing in those areas. Under the Nevada Constitution, the Legislature may pass a special or local law if the subject matter of the law does not fall within one of certain enumerated categories and a general law cannot be made applicable because of special circumstances and conditions. (Nev. Const. Art. 4, §§ 20, 21) Section 4 of this bill specifies the unique conditions and circumstances in these portions of Washoe County that justify special legislation for the purpose of regional planning and management of water resources.

 


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ê2007 Statutes of Nevada, Page 3286 (Chapter 531, SB 487)ê

 

      Sections 23 and 25-28 of this bill create the Western Regional Water Commission (Regional Water Commission), which is governed by a Board of Trustees consisting of representatives of various public entities and interests. Sections 36-41 of this bill create the Northern Nevada Water Planning Commission (Water Planning Commission), which reports to and advises the Board of Trustees of the Regional Water Commission.

      Section 24 of this bill authorizes the City of Reno, City of Sparks, Washoe County, Sun Valley General Improvement District, South Truckee Meadows General Improvement District and Truckee Meadows Water Authority to provide certain additional power and duties to the Regional Water Commission by cooperative agreement. The cooperative agreement must be entered into before April 1, 2008.

      Sections 34-52 of this bill require the development and adoption of a comprehensive plan for the area over which the Regional Water Commission has jurisdiction, which must address the supply of municipal and industrial water, quality of water, sanitary sewerage, treatment of sewage, drainage of storm water and control of floods. Sections 30-35 of this bill authorize the Board of Trustees to: (1) plan for the implementation of a mechanism for scheduling the delivery of water supplies held by certain water purveyors before April 1, 2008; (2) develop a plan for the establishment of service territories by which those purveyors may provide new water service provided on and after April 1, 2008, if each of the public purveyors agree to the plan; (3) impose a fee for the planning and administration of certain activities; and (4) plan for water conservation by various means.

      Section 56 of this bill creates a temporary statutory legislative committee to oversee the programs and activities of the Regional Water Commission.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.550 is hereby amended to read as follows:

      533.550  1.  Notwithstanding any other provision of law, a public body shall not sell or lease for a term of more than 5 years a water right owned by the public body unless the public body, after holding at least one public hearing at which public comment was solicited, has issued written findings that:

      (a) The sale or lease of the water right is consistent with the prudent, long-term management of the water resources within the jurisdiction of the public body;

      (b) The sale or lease of the water right will not deprive residents and businesses within the jurisdiction of the public body of reasonable access to water resources for growth and development;

      (c) The sale or lease of the water right is a reasonable means of promoting development and use of the water right; and

      (d) The means by which the water right is sold or leased reasonably ensures that the public body will receive the actual value of the water right or comparable economic benefits.

      2.  As used in this section, “public body” means the State or a county, city, town, school district or any public agency of this State or its political subdivisions. The term does not include a water district organized pursuant to a special act of the Legislature or a water authority organized as a political subdivision created by a cooperative agreement [.] or created by a special act of the Legislature.

      Sec. 2.  NRS 540A.010 is hereby amended to read as follows:

      540A.010  As used in this chapter, unless the context otherwise requires:

 


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ê2007 Statutes of Nevada, Page 3287 (Chapter 531, SB 487)ê

 

      1.  “Board” means the board of county commissioners.

      2.  “Commission” means the [water planning commission] Northern Nevada Water Planning Commission created by [NRS 540A.080.] section 36 of this Act.

      3.  “Comprehensive plan” or “plan” means the plan developed [pursuant to NRS 540A.130.] by a regional water commission created by special act.

      4.  “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      Sec. 3.  Sections 3 to 53, inclusive, of this Act may be cited as the Western Regional Water Commission Act.

      Sec. 4.  1.  The Legislature hereby finds that:

      (a) The provisions of section 22 of this Act describe a hydrologically unique area which is distinguished by the presence of Lake Tahoe and the Truckee River, a water system which is governed by a unique combination of state and federal law, by federal decree and by the Truckee River Operating Agreement; and

      (b) The unique hydrological conditions of the area described in section 22 of this Act and the complex legal framework governing the use of water within that area are special circumstances and conditions to which a general law cannot be made applicable and necessitate this special Act which provides for a special structure for the coordinated planning and management of water resources in that area.

      2.  It is hereby declared as a matter of legislative determination that:

      (a) The organization of the Western Regional Water Commission having the purposes, powers, rights, privileges and immunities provided in this Act will serve a public use and will promote the general welfare by facilitating unified and cooperative efforts to secure and develop additional water supplies, maintain and cooperatively establish policies for managing existing water resources and water supplies, provide for integrated regional water resources and management of water supplies, provide for integration of efforts to manage storm water, provide for protection of watersheds and provide for regional conservation efforts, subject to and in accordance with the Truckee River Operating Agreement.

      (b) The planning for the acquisition, development, management and conservation of regional water supplies and any associated facilities by the Regional Water Commission is for a public and governmental purpose and a matter of public necessity.

      (c) The geographical boundaries of the Regional Water Commission are within the area described in section 22 of this Act.

      (d) The Regional Water Commission shall, in carrying out the provisions of this Act:

             (1) Make full use of any available resources for sustainability, economic viability and maintenance of environmental values;

             (2) Communicate the decisions and policies of the Regional Water Commission in an effective manner;

             (3) Provide for a centralized system of decision making;

             (4) Facilitate the effective coordination of land use and resource planning;

             (5) Facilitate the effective and efficient planning, management and operation of facilities; and

 


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ê2007 Statutes of Nevada, Page 3288 (Chapter 531, SB 487)ê

 

             (6) Plan for the effective stewardship of water resources, including, without limitation, ensuring the quantity and quality of surface water and groundwater and the control point and nonpoint sources of pollution.

      (e) For the accomplishment of the purposes stated in this subsection, the provisions of this Act shall be broadly construed.

      Sec. 5.  As used in this Act, unless the context otherwise requires, the words and terms defined in sections 6 to 21, inclusive, of this Act have the meanings ascribed to them in those sections.

      Sec. 6.  “Board of Trustees” or “Board” means the Board of Trustees of the Regional Water Commission.

      Sec. 7.  “City of Reno” means the municipal corporation in Washoe County, created and existing pursuant to the provisions of chapter 662, Statutes of Nevada 1971, as amended.

      Sec. 8.  “City of Sparks” means the municipal corporation in Washoe County, created and existing pursuant to the provisions of chapter 470, Statutes of Nevada 1975, as amended.

      Sec. 9.  “Comprehensive Plan” means the plan developed pursuant to sections 34 to 52, inclusive, of this Act.

      Sec. 10.  “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      Sec. 11.  “Facilities” means any facility necessary for the beneficial use of water supplies, including, without limitation, any diversion, dam, reservoir, other water storage facility for the water supplies, water conveyance, well, pump, treatment facility, storage tank, pipe, turnout and any other facility required to provide water services or to provide for the conservation of water or enhanced control of floods.

      Sec. 12.  “Planning area” means the area described in section 22 of this Act.

      Sec. 13.  “Public purveyor” means:

      1.  The Truckee Meadows Water Authority, or its successor;

      2.  The Washoe County Department of Water Resources, or its successor;

      3.  The South Truckee Meadows General Improvement District, or its successor;

      4.  The Sun Valley General Improvement District, or its successor; or

      5.  Any other governmental entity engaged in the retail delivery of potable water in the planning area.

      Sec. 14.  “Regional Water Commission” means the Western Regional Water Commission created pursuant to section 23 of this Act.

      Sec. 15.  “Truckee Meadows Water Authority” means the political subdivision of the State of Nevada created by a cooperative agreement effective December 4, 2000, pursuant to the provisions of NRS 277.080 to 277.180, inclusive.

      Sec. 16.  “Truckee River Operating Agreement” means all agreements relating to the implementation of Public Law 101-618, 104 Stat. 3324, as amended, including, without limitation, the Operating Agreement referenced in section 205(a) of Public Law 101-618, 104 Stat. 3324, as amended, whether entered into before, on or after April 1, 2008, to which the Truckee Meadows Water Authority, its predecessor or its successor, if any, is a party.

      Sec. 17.  “Washoe County” means the county created by and described in NRS 243.340.

 


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      Sec. 18.  “Water Planning Commission” means the Northern Nevada Water Planning Commission created pursuant to section 36 of this Act.

      Sec. 19.  “Water Quality Settlement Agreement” means the Agreement entered into on October 10, 1996, by the City of Reno, the City of Sparks, Washoe County, the United States Department of the Interior, the United States Department of Justice, the United States Environmental Protection Agency, the Division and the Pyramid Lake Paiute Tribe, and any agreements entered into to implement that Agreement including, without limitation, any applicable provisions of the Truckee River Operating Agreement.

      Sec. 20.  “Water right” means any entitlement to the beneficial use of surface water or groundwater supplies, including, without limitation, an entitlement that exists by contract, by interest in real property, by decree or by rights granted or recognized by the State of Nevada, the State of California or any other governmental agency.

      Sec. 21.  “Water supplies” means surface water, groundwater, wastewater or effluent capable of being put to beneficial use.

      Sec. 22.  1.  The planning area in which plans for the use, management and conservation of water are to be made, pursuant to this Act, is the entire area within the boundaries of Washoe County except:

      (a) Any land within the region defined by NRS 277.200, the Tahoe Regional Planning Compact;

      (b) Land located within any Indian reservation or Indian colony which is held in trust by the United States;

      (c) Land located within the Gerlach General Improvement District or its successor created pursuant to chapter 318 of NRS;

      (d) Land located within the following administrative groundwater basins established by the United States Geological Survey and the Division of Water Resources of the State Department of Conservation and Natural Resources:

             (1) Basin 22 (San Emidio Desert);

             (2) Basin 23 (Granite Basin); and

             (3) Basin 24 (Hualapai Flat); and

      (e) Any land excluded by the Board pursuant to subsection 2 and not otherwise included pursuant to subsection 3.

      2.  The Board may exclude from the planning area any land which it determines is unsuitable for inclusion because of its remoteness from the water supplies which are the subject of the Comprehensive Plan or because it lies within a separate hydrologic basin neither affecting nor affected by conditions within the remainder of the planning area.

      3.  The Board may include within the planning area any land otherwise excluded pursuant to subsection 2 if it finds that the land requires alleviation of the effect of flooding or drainage of storm waters or requires another benefit from planning or management performed in the planning area.

      Sec. 23.  1.  The Western Regional Water Commission is hereby created. The Regional Water Commission is a body corporate and politic and a municipal corporation.

      2.  The property and revenues of the Regional Water Commission, any interest of any creditor therein and any possessory interest in or right to use that property which the Regional Water Commission may grant are exempt from all state, county and municipal taxation.

 


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      Sec. 24.  By entering into a cooperative agreement pursuant to NRS 277.080 to 277.180, inclusive, the City of Reno, City of Sparks, Washoe County, Sun Valley General Improvement District, South Truckee Meadows General Improvement District and Truckee Meadows Water Authority may jointly authorize the Regional Water Commission to exercise such powers, privileges or authority that each of those entities may individually exercise pursuant to the laws of this State which are not inconsistent with the provisions of this Act.

      Sec. 25.  1.  The Regional Water Commission must be directed and governed by a Board of Trustees composed of the following nine members appointed pursuant to this section:

      (a) Two members of the City Council of the City of Reno;

      (b) Two members of the City Council of the City of Sparks;

      (c) Two members of the Board of County Commissioners of Washoe County;

      (d) One member representing the Truckee Meadows Water Reclamation Facility or its successor;

      (e) One member designated by the Board of Trustees of the South Truckee Meadows General Improvement District or its successor; and

      (f) One member of the Board of Trustees of the Sun Valley General Improvement District or its successor.

      2.  The City Council of the City of Reno, the City Council of the City of Sparks and the Board of County Commissioners of Washoe County shall each appoint one trustee from their membership for an initial term of 2 years.

      3.  The Board of Directors of the Truckee Meadows Water Authority or its successor shall appoint from its membership, for initial terms of 3 years:

      (a) One trustee who is a member of the City Council of the City of Reno;

      (b) One trustee who is a member of the City Council of the City of Sparks; and

      (c) One trustee who is a member of the Board of County Commissioners of Washoe County.

Ê The trustees appointed pursuant to this subsection must be different persons than those appointed pursuant to subsection 2.

      4.  The Board of Trustees of the Sun Valley General Improvement District or its successor and the Board of Trustees of the South Truckee Meadows General Improvement District or its successor shall each appoint one trustee from its membership for an initial term of 3 years.

      5.  The owners of the Truckee Meadows Water Reclamation Facility or its successor shall jointly appoint one trustee for an initial term of 2 years.

      6.  After the initial terms, each trustee who is appointed to the Board serves for a term of 2 years. A trustee may be reappointed.

      7.  All trustees must be elected officials. No trustee may serve beyond his term of office.

      8.  The position of a trustee must be considered vacated upon his loss of any of the qualifications required for his appointment, and in such event, the appointing authority shall appoint a successor to fill the remainder of the unexpired term.

      Sec. 26.  Each member of the Board shall file with the County Clerk of Washoe County:

 


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      1.  His oath of office.

      2.  A corporate surety bond furnished at the Regional Water Commission’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the Board.

      Sec. 27.  1.  The Board shall elect one of its members as Chairman and one of its members as Vice Chairman, and shall elect a Secretary and a Treasurer, who may be members of the Board. The Secretary and the Treasurer may be the same person. The terms of the officers expire on December 31 of each year.

      2.  The Secretary shall keep audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places.

      3.  The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Regional Water Commission.

      Sec. 28.  1.  The Board shall meet regularly at a time and in a place to be designated by the Board. The Board shall provide for the calling of a special meeting when action is required before a regular meeting would occur.

      2.  Except as otherwise provided in this subsection, a majority of the members of the Board constitutes a quorum at any meeting. Each motion and resolution of the Board must be adopted by at least a majority of the members present at the meeting.

      Sec. 29.  The Regional Water Commission is a public employer within the meaning of NRS 286.070, and the provisions of chapter 286 of NRS apply to the Regional Water Commission and its employees.

      Sec. 30.  The Regional Water Commission may do all things necessary to accomplish the purposes of this Act. The Regional Water Commission has perpetual succession and, except as otherwise provided in sections 33 of this Act, has the following powers to:

      1.  Sue and be sued.

      2.  Enter into agreements with Washoe County, the Cities of Reno and Sparks, and any public purveyor.

      3.  Prepare, adopt, update and oversee the implementation of the Comprehensive Plan pursuant to sections 34 to 52, inclusive, of this Act.

      4.  Plan for the implementation of a mechanism for:

      (a) Scheduling the delivery of water supplies held by public purveyors to maximize the yield of regional water supplies and facilitate the cooperative administration of regional water conveyance and treatment facilities for the benefit of the public purveyors.

      (b) Maximizing conjunctive use by the public purveyors. As used in this paragraph, “conjunctive use” means the combined use of surface water and groundwater systems to optimize resource use.

      5.  Prepare, adopt and update a water conservation plan for the use of municipal, industrial and domestic water supplies within the planning area, and make recommendations for water conservation agreements among water purveyors and local governmental entities.

 


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      6.  Study and recommend to the Board of County Commissioners of Washoe County, the City Council of the City of Reno and the City Council of the City of Sparks ordinances for the implementation of a water conservation plan adopted pursuant to subsection 5 and the Comprehensive Plan.

      7.  Contract with public purveyors or any other public entity for the provision of services to or by the Regional Water Commission and, in the performance of its functions, use the officers, agents, employees, services, facilities, records and equipment of any public purveyor, Washoe County, the City of Reno or the City of Sparks, with the consent of the respective public purveyor or governmental entity, and subject to such terms and conditions as may be agreed upon.

      8.  Employ or contract with such persons as it deems necessary and hire and retain officers, agents and employees, including fiscal advisers, engineers, attorneys or other professional or specialized personnel.

      9.  Seek, apply for and otherwise solicit and receive from any source, public or private, such contributions, gifts, grants, devises and bequests of money and personal property, or any combination thereof, as the Regional Water Commission determines is necessary or convenient for the exercise of any of its powers.

      10.  Participate with relevant agencies of the United States, the State of Nevada and other entities on issues concerning the supply of water.

      11.  Adopt such rules and regulations for the conduct of the affairs of the Regional Water Commission or of the Board as the Board may deem necessary or desirable.

      12.  Perform such other functions conferred on the Regional Water Commission by the provisions of this Act.

      Sec. 31.  The Board may develop a plan for the establishment of service territories within the planning area in which the public purveyors and all systems for the supply of water which are controlled or operated by the public purveyors may, on and after April 1, 2008, provide new retail or wholesale water services to new customers. A plan developed pursuant to this section does not apply to any public purveyor unless each public purveyor agrees to the provisions of the plan. The provisions of this section do not affect the ability of public purveyors to continue to provide retail and wholesale water services to customers who received that type of service before April 1, 2008, or pursuant to agreements for water service existing before April 1, 2008. In developing the plan, the Board shall:

      1.  Seek to ensure the coordination of the delivery of water at the lowest reasonable cost, considering all the facilities, improvement and operations required to provide that water as measured by the net present value of those facilities, improvements and operations existing at the time of the determination, generally using current dollars;

      2.  Seek to ensure that existing or future customers are not affected inequitably;

      3.  Seek to provide for the most effective management, development and integration of systems for the efficient use of water supplies and associated facilities; and

      4.  Consider:

      (a) Any specific planning conducted by public purveyors before April 1, 2008, for existing or new customers;

 


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      (b) The topography of the service territories and the readiness and ability of public purveyors to serve customers with existing facilities;

      (c) Any policies for land use that affect the service territories; and

      (d) The rate of growth within the service territories projected over a reasonable period.

      Sec. 32.  The Board has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this Act. Such specific powers are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of this Act.

      Sec. 33.  Notwithstanding the provisions of this Act, the Truckee Meadows Water Authority or its successor is and shall remain the entity with the sole and exclusive power and authority to negotiate and execute and to implement its obligations under that Agreement, as the successor in interest to Sierra Pacific Power Company. All water supplies provided or available to the Truckee Meadows Water Authority or its successor pursuant to the Truckee River Operating Agreement must be considered as acquired before April 1, 2008, and must be managed, scheduled and operated in accordance with that Agreement. Nothing in this Act alters the rights and obligations of the Water Quality Settlement Agreement, and all water supplies must be managed, scheduled and operated in accordance with the Water Quality Settlement Agreement.

      Sec. 34.  The Board may, upon the recommendation of the Water Planning Commission:

      1.  Adopt and revise the Comprehensive Plan;

      2.  Make recommendations concerning methods for conserving existing water supplies which are consistent with any other plans required by law;

      3.  Make recommendations concerning methods of collecting and treating sewage to protect and conserve water supplies;

      4.  Provide information to members of the public regarding present and potential uses of water; and

      5.  Make recommendations concerning the management and use of water within the planning area to:

      (a) The governing body and the Planning Commission of Washoe County and the Cities of Reno and Sparks;

      (b) The Governing Board for Regional Planning and the Regional Planning Commission established in Washoe County pursuant to NRS 278.0264 and 278.0262, respectively;

      (c) The State Engineer;

      (d) The Federal Government; and

      (e) Such other entities as the Board deems appropriate.

      Sec. 35.  1.  To fund the planning and administration required by this Act and the implementation of the Comprehensive Plan, the Board may impose a fee at a rate not to exceed 1.5 percent of the amount otherwise billed, to be collected by each public purveyor and supplier of water from customers within the planning area. If the Board determines to impose such a fee, the Board must impose the fee by resolution after holding a hearing.

      2.  A public purveyor or supplier of water must state separately on its billings to customers the amount charged as a result of any fee imposed pursuant to subsection 1.

      Sec. 36.  1.  The Northern Nevada Water Planning Commission is hereby created in the planning area. The Water Planning Commission must consist of the following voting members who are residents of Nevada:

 


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      (a) The Director of Public Works for the City of Reno, or his designee;

      (b) The Director of Public Works for the City of Sparks, or his designee;

      (c) The Director of Water Resources for Washoe County, or his designee;

      (d) A member of the South Truckee Meadows General Improvement District or its successor;

      (e) The General Manager of the Sun Valley General Improvement District or its successor, or his designee;

      (f) The General Manager of the Truckee Meadows Water Authority or its successor, or his designee;

      (g) The General Manager of the Truckee Meadows Wastewater Reclamation Facility or its successor, or his designee;

      (h) One member appointed by the governing body of the Indian reservation which is the largest in area in the planning area, if the planning area contains an Indian reservation, or, if there is not an Indian reservation located within the planning area or the governing body of the reservation does not appoint a member, one member appointed by the Board to represent the public at large;

      (i) One member of the public at large appointed by the Board to represent environmental, biological, conservation or public concerns;

      (j) One member appointed by the Board to represent owners of domestic wells;

      (k) One member appointed by the Board of Supervisors of the Washoe Storey Conservation District or its successor; and

      (l) Such additional members with expertise in any area that the Board determines is necessary, appointed by the Board.

Ê The terms of the ex officio members described in paragraphs (a) to (g), inclusive, are concurrent with the employment of those members in the respective positions specified in those paragraphs. The members appointed pursuant to paragraphs (h) to (l), inclusive, serve initial terms of 2 years.

      2.  After the initial terms, the term of office of each member appointed pursuant to paragraphs (h) to (l), inclusive, of subsection 1 is 3 years. A member may be reappointed. A vacancy must be filled for the unexpired term by the appointing entity.

      Sec. 37.  In addition to the voting members, the Water Planning Commission includes the following nonvoting members:

      1.  One member appointed by the Public Utilities Commission of Nevada;

      2.  One member appointed by the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General;

      3.  One member appointed by the Administrator of the Division;

      4.  One member appointed by the State Engineer;

      5.  One member appointed by the Chief of the Water Planning Section of the Division of Water Resources of the State Department of Conservation and Natural Resources;

      6.  One member appointed by the board of directors of the water conservancy district which is largest in area in the planning area;

      7.  One member appointed by the county or district board of health;

      8.  One member of the public at large appointed by the affirmative vote of a majority of the voting members; and

 


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      9.  Additional members with expertise in an area that the majority of the voting members determines is necessary, appointed by the affirmative vote of a majority of the voting members.

      Sec. 38.  The members of the Water Planning Commission appointed pursuant to paragraphs (h) to (l), inclusive, of subsection 1 of section 36 of this Act or any alternative designees appointed pursuant to paragraphs (a) to (g), inclusive, of subsection 1 of section 36 of this Act may not hold any elective governmental office but may be engaged or employed in private enterprise or be employees of state or local government, and each member must be qualified pursuant to at least one of the following subsections:

      1.  A professional engineer licensed pursuant to the provisions of chapter 625 of NRS;

      2.  Experienced in comprehensive planning, natural resources or environmental protection;

      3.  A specialist in hydrologic science;

      4.  Experienced in law, management or planning related to water;

      5.  Experienced in municipal finance or resource economics;

      6.  Experienced in construction, planning or operation of facilities or systems for supplying or treating water, for collecting or treating sewage, for drainage of storm water or for control of floods; or

      7.  Knowledgeable in the areas of water conservation, biology, natural systems, water quality and water management.

      Sec. 39.  The Water Planning Commission shall establish a schedule for the selection of its Chairman for a term of 1 year, in rotation, from among the members.

      Sec. 40.  1.  The Water Planning Commission shall meet at the call of the Chairman or any three members. The Water Planning Commission shall establish a schedule of regular meetings and provide for the calling of a special meeting when action is required before a regular meeting would occur.

      2.  A quorum consists of a majority of the members. The affirmative vote of a majority of the members present is required to take action, unless a larger proportion is required by this Act for a particular action.

      3.  A member of the Water Planning Commission is not entitled to compensation for his services as a member.

      Sec. 41.  1.  The Water Planning Commission shall develop, and as necessary recommend revisions to, a Comprehensive Plan for the planning area covering the supply of municipal and industrial water, quality of water, sanitary sewerage, treatment of sewage, drainage of storm waters and control of floods. The initial Comprehensive Plan must be developed on or before January 1, 2011. The provisions of the comprehensive plan developed and revised pursuant to the former provisions of NRS 540A.130 before April 1, 2008, remain in effect until the Board adopts the initial Comprehensive Plan.

      2.  The Comprehensive Plan must consist of written text, appropriate maps and goals and policies to deal with current and future problems affecting the planning area as a whole with respect to the subjects of the Comprehensive Plan set forth in subsection 1. In developing the Comprehensive Plan, the Water Planning Commission shall consider any water resource plan developed by a public purveyor and, to the extent feasible and consistent with the objectives of the Regional Water Commission, seek to incorporate such a plan.

      3.  The Comprehensive Plan must:

 


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      (a) Describe the problems and needs of the planning area relating to the subjects of the Comprehensive Plan set forth in subsection 1;

      (b) Identify the providers of services relating to the subjects of the Comprehensive Plan within the planning area and the area within which each provides service, including service territories of public utilities and public purveyors;

      (c) Identify alternatives to reduce demand or increase water supply;

      (d) Identify and provide for existing and future sources of water needed to meet the present or future needs of the planning area, including, without limitation, existing and future demand for water within each public purveyor’s service territory;

      (e) Define priorities and general location for additional major facilities needed to provide services relating to the subjects of the Comprehensive Plan set forth in subsection 1;

      (f) Describe programs to mitigate drought, achieve conservation of water, protect wellheads and otherwise manage water;

      (g) Provide for the development, acquisition and stabilization of surface water and groundwater supply in the planning area, including policies regarding dedication of privately held water resources by applicants for water service;

      (h) Provide for the oversight of, protection of, regional management of and maximization of efficient conjunctive use of, the supply of surface water and groundwater and major water resource facilities in the planning area, including use of reclaimed water and recharge and recovery or underground storage and recovery of water, and the scheduling of the delivery of water supplies held by public purveyors;

      (i) Identify and provide for the extent to which reuse or effluent water is to be put to beneficial use or discharged, directly or indirectly, into the Truckee River;

      (j) Provide for the regional conservation and prevention of long-term depletion of surface water and groundwater resources in the planning area in support of the Comprehensive Plan;

      (k) Provide for adequate supplies of municipal and industrial water, quality of water, sanitary sewerage, treatment of sewage, drainage of storm waters and control of floods within the planning area;

      (l) Identify and provide for the peaking capacity required for delivery of water supplies to each public purveyor, if applicable, and the means by which such requirements will be met;

      (m) Include a water budget identifying water supplies available to each public purveyor from all sources; and

      (n) Seek to make full use of any unused capacity of facilities that are owned by public purveyors, if such use is otherwise economical and efficient.

      4.  The Water Planning Commission shall make recommendations to the Board for the adoption of, and any revisions to, the Comprehensive Plan.

      Sec. 42.  The Comprehensive Plan must include the following elements:

      1.  Quality of surface water, which must include, without limitation:

      (a) Compliance with standards of quality for bodies of water;

      (b) Locations and capacities of plants to treat wastewater;

      (c) Intended quantity and quality of discharge from those plants and its reuse, service areas and interceptors; and

 


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      (d) Programs to attain protection from pollution by both concentrated and diffuse sources.

      2.  Quality of groundwater, which must include, without limitation:

      (a) Compliance with standards of quality for hydrographic basins and septic tanks;

      (b) Capacities for withdrawal of water from hydrographic basins;

      (c) Programs to protect wellheads;

      (d) Programs to clean up contaminated groundwater from hydrographic basins; and

      (e) Programs to attain protection from pollution by both concentrated and diffuse sources.

      3.  Supply of surface water, which must include, without limitation:

      (a) Existing and planned sources of surface water;

      (b) Existing and planned uses for all surface water, including municipal and industrial uses, requirements for return flow, reserves for drought and future growth, uses to improve the quality of water, uses to provide habitat and uses in conjunction with underground water;

      (c) Major facilities to convey and store surface water;

      (d) Standards, service areas, rates of flow and reserves for storage; and

      (e) Facilities to treat surface water.

      4.  Supply of underground water, which must include, without limitation:

      (a) Existing and planned sources of underground water;

      (b) Existing and planned uses for all underground water, including municipal and industrial uses, maintenance of minimum groundwater level and the need for recharge, reserves for drought and future growth, uses to improve the quality of water, uses to provide habitat and uses in conjunction with surface water;

      (c) Major facilities to extract and convey underground water;

      (d) Compliance with standards for treated and nontreated water, service areas, rates of flow and reserves for storage; and

      (e) Facilities to treat and store underground water.

      5.  Control of floods and drainage of storm water, as it relates to surface water, which must include, without limitation:

      (a) Minimum standards of design for controlling floods in the planning area;

      (b) Nonstructural alternatives and standards for facilities to control floods in the planning area and single drainage basins;

      (c) Regional facilities to control floods; and

      (d) Generalized facilities and standards of design for single drainage basins.

      6.  Control of floods and drainage of storm water, as it relates to underground water, which must include, without limitation:

      (a) Groundwater level and capacity for additional storage of water underground as a means of mitigating floods;

      (b) Location and capacities of major facilities for controlling floods which utilize storage of water underground to mitigate floods; and

      (c) Standards of design for devices to infiltrate storm water and other minor facilities for controlling floods which utilize storage of water underground to mitigate floods.

      7.  Cost and financing, which must include an estimate of the cost of each major facility, source of water or other requirement of the Comprehensive Plan and an analysis of alternatives for financing and funding the facility, source or other requirement, or alternatives thereto, as well as the effect of the funding alternatives on other facilities included in the Comprehensive Plan.

 


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Comprehensive Plan and an analysis of alternatives for financing and funding the facility, source or other requirement, or alternatives thereto, as well as the effect of the funding alternatives on other facilities included in the Comprehensive Plan. The estimate of cost must state the financial impact on persons within the planning area, including, without limitation, all direct and indirect costs of connecting to a system for supplying water, if applicable.

      8.  Recommendations for developing and implementing consistent policies of, and among, public purveyors concerning regional drought reserve standards, developer costs, impact fees, dedication of water rights and standards for the drainage of water.

      9.  Evaluation and recommendations regarding the consolidation of public purveyors in the planning area, which must include costs and benefits of consolidation, the feasibility of various consolidation options, analysis of water supplies, operations, facilities, human resources, assets, liabilities, bond covenants, and legal and financial impediments to consolidation and methods, if any, for addressing any such impediments.

      Sec. 43.  1.  The Comprehensive Plan must be consistent with and carry out the provisions of the Comprehensive Regional Plan adopted by the Governing Board for Regional Planning in Washoe County pursuant to NRS 278.0276 and the master plans and any other plans for the use of land which are adopted by governmental entities within the planning area.

      2.  The Comprehensive Plan must be consistent with and carry out or support the carrying out of all aspects of the Truckee River Operating Agreement and Water Quality Settlement Agreement.

      3.  The Comprehensive Plan must be consistent with the state water plan that is in effect at the time that the Comprehensive Plan is adopted.

      Sec. 44.  In developing the Comprehensive Plan, the Water Planning Commission shall:

      1.  Receive and consider information from public purveyors, public utilities and other entities supplying municipal and industrial water within the planning area;

      2.  Receive and consider information from entities providing sanitary sewerage, treatment of sewage, drainage of storm water and control of floods within the planning area;

      3.  Receive and consider information from entities concerned with water quality within the planning area;

      4.  Review and consider any plan or recommendation of the State Engineer concerning the development, conservation and use of water resources, existing water conservation plans, the regional plan and any master plan that has been adopted pursuant to the provisions of chapter 278 of NRS and any similar plan of a local government which applies to any area in the planning area, and may seek and consider the advice of each local planning commission and any other affected entity;

      5.  Coordinate and make consistent the elements of the Comprehensive Plan set forth in section 42 of this Act;

      6.  Consider existing applicable laws;

      7.  Recognize and coordinate the needs of the incorporated areas of the planning area with the needs of the unincorporated areas of the planning area; and

      8.  Receive and consider information from other interested persons.

 


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      Sec. 45.  1.  Before submitting the Comprehensive Plan to the Board, the Water Planning Commission shall hold at least one public hearing on the Comprehensive Plan within the planning area.

      2.  Before acting on a proposed amendment to the adopted Comprehensive Plan, the Water Planning Commission shall hold at least one public hearing on the proposed amendment at a location in the planning area relevant to the proposed amendment.

      3.  Notice of the time and place of each hearing must be given by publication in a newspaper of general circulation in the planning area at least 10 days before the day of the hearing. If there is more than one newspaper of general circulation in the planning area, notice must be given by publication in at least two such newspapers.

      4.  The decision to submit the proposed Comprehensive Plan or any amendment to the adopted Comprehensive Plan to the Board must be made by resolution of the Commission carried by the affirmative votes of a majority of the total voting members of the Water Planning Commission. The resolution must refer expressly to the text, maps and descriptive or other matter intended by the Water Planning Commission to constitute the Comprehensive Plan or an amendment thereto.

      Sec. 46.  1.  An attested copy of the proposed Comprehensive Plan or an amendment thereto must be submitted by the Water Planning Commission to the Board.

      2.  Before taking any action on the proposed Comprehensive Plan or an amendment thereto, the Board shall convene a public hearing.

      3.  Notice of the hearing must be given at least 10 days before the date of the hearing. The notice must include, without limitation:

      (a) A statement of the time, place and nature of the hearing;

      (b) A statement of the legal authority under which the hearing is to be held; and

      (c) A reference to the particular sections of any applicable laws.

      4.  Not less than 30 days before the hearing, the Board shall cause to be placed a copy of the proposed Comprehensive Plan or amendment thereto in the office of the County Clerk of Washoe County and publish notice that the Comprehensive Plan or amendment thereto is available for public inspection.

      5.  Each notice required by this section must be published in a newspaper of general circulation in the planning area. If there is more than one newspaper of general circulation in the planning area, notice must be given by publication in at least two such newspapers. The notice must be a display advertisement not less than 3 by 5 inches in size.

      Sec. 47.  1.  The Board shall not change or add to the proposed Comprehensive Plan or an amendment thereto as submitted by the Water Planning Commission until it has submitted the substance of the proposed change or addition to the Water Planning Commission in writing with its reasons for the change or addition.

      2.  The Water Planning Commission shall, if it agrees to the change or addition, revise the submitted Comprehensive Plan or amendment thereto accordingly. If the Water Planning Commission does not agree, it shall report to the Board in writing its reason for disagreeing and any alternative proposal.

      3.  In either case, the Water Planning Commission shall present its revision or report to the Board within 40 days after the Board’s change or amendment is submitted to the Water Planning Commission.

 


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ê2007 Statutes of Nevada, Page 3300 (Chapter 531, SB 487)ê

 

      4.  If the Water Planning Commission does not agree with the proposed change or addition and the Board refuses to rescind its proposal or to accept an alternative proposal of the Water Planning Commission, the Water Planning Commission shall revise the originally submitted Comprehensive Plan or amendment thereto to incorporate the change or addition proposed by the Board.

      Sec. 48.  1.  After adoption by the Board, the Comprehensive Plan or an amendment thereto must be submitted for review to the Regional Planning Commission in Washoe County established pursuant to NRS 278.0262. The Regional Planning Commission shall review the Comprehensive Plan or amendment thereto only for consistency with the Comprehensive Regional Plan adopted pursuant to NRS 278.0276 and the master plans and any other plans for the use of land which are adopted by local governmental entities within the planning area. The Regional Planning Commission shall review the Comprehensive Plan or amendment thereto at one or more public hearings. Notice of the time and place of a hearing must be given in accordance with NRS 278.0276.

      2.  If the Regional Planning Commission fails to make a determination within 40 days after the submission of the Comprehensive Plan or amendment thereto, the Comprehensive Plan or amendment thereto shall be deemed to be consistent with the Comprehensive Regional Plan.

      3.  If the Regional Planning Commission determines that the Comprehensive Plan or amendment thereto is not consistent with the Comprehensive Regional Plan, it shall state its reasons why the Comprehensive Plan or amendment thereto is not consistent. Unless an appeal is filed pursuant to section 49 of this Act, the Water Planning Commission and the Board shall respectively develop and adopt, in accordance with sections 44 to 47, inclusive, of this Act, proposed revisions to the Comprehensive Plan or amendment thereto, and the Board shall resubmit the revised Comprehensive Plan or amendment thereto to the Regional Planning Commission.

      Sec. 49.  1.  An affected entity that disagrees with the reasons given by the Regional Planning Commission for its determination of consistency or inconsistency pursuant to section 48 of this Act may file an appeal with the Governing Board for Regional Planning in Washoe County not later than 10 days after the determination of consistency or inconsistency. As used in this subsection, “affected entity” means Washoe County, the City of Reno, the City of Sparks or any other governmental entity or public purveyor or a public utility providing services relating to the subject matter of the Comprehensive Plan within the planning area.

      2.  Within 45 days after its receipt of an appeal, the Governing Board for Regional Planning shall consider the appeal and issue its decision. If the decision of the Governing Board for Regional Planning is that the Comprehensive Plan or amendment thereto is not consistent with the Comprehensive Regional Plan, it shall state its reasons why the Comprehensive Plan or amendment thereto is not consistent. The Water Planning Commission and the Board shall then respectively develop and adopt, in accordance with sections 44 to 47, inclusive, of this Act, proposed revisions to the Comprehensive Plan or amendment thereto, and the Board shall resubmit the revised Comprehensive Plan or amendment thereto to the Regional Planning Commission for review.

 


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ê2007 Statutes of Nevada, Page 3301 (Chapter 531, SB 487)ê

 

      Sec. 50.  The adopted Comprehensive Plan must be reviewed by the Water Planning Commission on a schedule to be established by the Board, which must at least provide for review of the Comprehensive Plan within 5 years after its adoption and at least every 5 years thereafter. After each review, the Water Planning Commission shall submit to the Board any proposed amendment to the Comprehensive Plan or report that there are no amendments.

      Sec. 51.  1.  Except as otherwise provided in subsection 2, on and after the date the initial Comprehensive Plan is finally approved, no facility intended to provide a service relating to a subject of the Comprehensive Plan within the planning area may be constructed, if the facility is of such a kind or size as to affect the working of the Comprehensive Plan as distinct from providing normal service to customers, unless it is included in the Comprehensive Plan or has been reviewed and approved as provided in subsection 3.

      2.  The Comprehensive Plan may allow for the construction of facilities not included within the Comprehensive Plan in order to meet an emergency as defined in the Comprehensive Plan.

      3.  A proposal to construct a facility described in subsection 1 within the planning area must be submitted to the Water Planning Commission for review and recommendation to the Board concerning the conformance of the proposal with the Comprehensive Plan. The review must include an evaluation of stranded costs, the need for the facility within the planning area and the impact that construction of the facility will have on any potential consolidation of public purveyors. If the Water Planning Commission fails to make such a recommendation within 30 days after the proposal is submitted to it, the Water Planning Commission shall be deemed to have made a recommendation that the proposal conforms to the Comprehensive Plan. The Board shall consider the recommendation of the Water Planning Commission and approve or disapprove the proposal as conforming to the Comprehensive Plan. Any disapproval must be accompanied by recommended actions to be taken to make the proposal conform to the Comprehensive Plan. The Water Planning Commission and the Board shall limit their review to the substance and content of the Comprehensive Plan and shall not consider the merits or deficiencies of a proposal in a manner other than is necessary to enable them to make a determination concerning conformance with the Comprehensive Plan.

      4.  The Board shall provide, by resolution after holding a hearing, for the Water Planning Commission or its staff to make final decisions concerning the conformance of classes of proposed facilities to the Comprehensive Plan. A resolution adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the Water Planning Commission or its staff to the Board.

      Sec. 52.  Any water right or source of water belonging to a governmental entity within the planning area must be used in accordance with the Comprehensive Plan.

      Sec. 53.  The provisions of this Act do not supersede the authority granted by law to the State Engineer, the State Environmental Commission and the State Department of Conservation and Natural Resources.

      Sec. 54.  NRS 540A.060, 540A.070, 540A.080, 540A.090, 540A.100, 540A.110, 540A.120, 540A.130, 540A.140, 540A.150, 540A.160, 540A.170, 540A.180, 540A.190, 540A.200, 540A.210, 540A.220, 540A.230, 540A.290, 540A.300 and 540A.310 are hereby repealed.

 


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ê2007 Statutes of Nevada, Page 3302 (Chapter 531, SB 487)ê

 

540A.170, 540A.180, 540A.190, 540A.200, 540A.210, 540A.220, 540A.230, 540A.290, 540A.300 and 540A.310 are hereby repealed.

      Sec. 55.  The fee authorized pursuant to NRS 540A.070 must remain in effect and be collected by Washoe County and transferred to the Western Regional Water Commission, created pursuant to section 23 of this act, until such time as the Board of Trustees of the Regional Water Commission adopts a resolution pursuant to section 35 of this act imposing a new fee.

      Sec. 56.  1.  There is hereby created the Legislative Committee to Oversee the Western Regional Water Commission created pursuant to section 23 of this act. The Committee must:

      (a) Consist of six Legislators as follows:

             (1) One member of the Senate appointed by the Chairman of the Senate Committee on Natural Resources;

             (2) One member of the Assembly appointed by the Chairman of the Assembly Committee on Natural Resources, Agriculture, and Mining;

             (3) One member of the Senate appointed by the Majority Leader of the Senate;

             (4) One member of the Senate appointed by the Minority Leader of the Senate;

             (5) One member of the Assembly appointed by the Speaker of the Assembly; and

             (6) One member of the Assembly appointed by the Minority Leader of the Assembly.

      (b) Insofar as practicable, represent the various areas within the planning area.

      (c) Elect a Chairman and a Vice Chairman from among its members. The Chairman must be elected from one House of the Legislature and the Vice Chairman from the other House. After the initial selection of a Chairman and a Vice Chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Committee shall select a replacement for the remainder of the unexpired term.

      2.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the Legislature convenes.

      3.  Vacancies on the Committee must be filled in the same manner as original appointments.

      4.  The members of the Committee shall meet throughout each year at the times and places specified by a call of the Chairman or a majority of the Committee.

      5.  The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording Secretary.

      6.  The Committee shall prescribe regulations for its own management and government.

      7.  Except as otherwise provided in subsection 8, four members of the Committee constitute a quorum, and a quorum may exercise all the powers conferred on the Committee.

      8.  Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly appointed to the Committee.

 


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ê2007 Statutes of Nevada, Page 3303 (Chapter 531, SB 487)ê

 

      9.  Except during a regular or special session of the Legislature, the members of the Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the Committee and while engaged in the business of the Committee. The salaries and expenses paid pursuant to this subsection and the expenses of the Committee must be paid from the Legislative Fund.

      10.  The Committee shall review the programs and activities of the Western Regional Water Commission. The review must include an analysis of potential consolidation of the retail distribution systems and facilities of all public purveyors in the planning area, which is described in section 22 of this act.

      11.  The Committee may:

      (a) Conduct investigations and hold hearings in connection with its powers pursuant to this section.

      (b) Direct the Legislative Counsel Bureau to assist in the study of issues related to oversight of the Western Regional Water Commission.

      12.  In conducting the investigations and hearings of the Committee:

      (a) The Secretary of the Committee or, in his absence, any member of the Committee may administer oaths.

      (b) The Secretary or Chairman of the Committee may cause the deposition of witnesses, residing either within or outside of the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The Chairman of the Committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      13.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena issued pursuant to this section, the Chairman of the Committee may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Committee which is named in the subpoena, or has refused to answer questions propounded to him,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Committee.

      14.  Upon a petition pursuant to subsection 13, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the Committee. A certified copy of the order must be served upon the witness.

      15.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness appear before the Committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

 


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ê2007 Statutes of Nevada, Page 3304 (Chapter 531, SB 487)ê

 

      16.  Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this State. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chairman of the Committee.

      17.  On or before January 15 of each odd-numbered year, the Committee shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the review conducted pursuant to subsection 10 and any recommendations for legislation.

      Sec. 57.  1.  This section and section 56 of this act become effective on July 1, 2007.

      2.  Sections 1 to 23, inclusive, and 25 to 55, inclusive, of this act become effective on April 1, 2008.

      3.  Section 24 of this act:

      (a) Becomes effective on:

             (1) July 1, 2007, for the purposes of authorizing the entities set forth in that section to enter into the cooperative agreement specified in that section; and

             (2) April 1, 2008, for all other purposes, if the cooperative agreement specified in that section is entered into before that date.

      (b) Expires by limitation on April 1, 2008, if the cooperative agreement specified in that section has not been entered into before that date.

      4.  Section 56 of this act expires by limitation on July 1, 2013.

________

 

CHAPTER 532, AB 593

Assembly Bill No. 593–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 532

 

AN ACT relating to the Legislative Branch of Government; making various changes relating to the Legislature and the Legislative Counsel Bureau; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      This bill makes various changes relating to the Legislature and the Legislative Counsel Bureau. Section 1 of this bill provides that salary paid for certain additional hours worked by executive, administrative, professional or supervisory employees of the Legislative Counsel Bureau constitutes compensation for the purposes of retirement. Section 2 of this bill provides that the fee for a certain bill service during a legislative session will be set by the Director of the Legislative Counsel Bureau instead of being specified in the statute. (NRS 218.185) Section 3 of this bill eliminates the requirement that the Legislative Counsel represent any Legislator in any matter before the Commission on Ethics. (NRS 218.697) Section 4 of this bill transfers authority for the portrait of the Governor from the Legislative Commission to the Director of the Department of Cultural Affairs. (NRS 223.121) Sections 5 and 9 of this bill provide for title to all property reserved for the use of the Legislature to be held in the name of the Legislature. (NRS 331.135) Section 6 of this bill exempts the Legislative Branch of Government from certain provisions relating to the State Public Works Board. Sections 7 and 10 of this bill clarify provisions concerning the appointment of members to the Nevada Silver Haired Legislative Forum.

 


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ê2007 Statutes of Nevada, Page 3305 (Chapter 532, AB 593)ê

 

appointment of members to the Nevada Silver Haired Legislative Forum. (NRS 427A.330) Section 8 of this bill clarifies the prospective impact of the cost-of-living increases enacted for Legislators. (Chapter 329, Statutes of Nevada 2005, p. 1182) Section 11 of this bill authorizes a person who received payment for hours worked before and during the 2007 regular session of the Legislature that would have been considered as compensation pursuant to section 1 of this act to make the necessary contributions to the Public Employees’ Retirement System to have that payment considered as compensation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 286.025, salary paid for all hours worked by an executive, administrative, professional or supervisory employee of the Legislative Counsel Bureau in addition to the employee’s regularly scheduled workday or 40-hour workweek in the fiscal year that includes a regular session of the Legislature, up to a maximum number of hours designated as required for the classification by the Director of the Legislative Counsel Bureau and approved by the Legislative Commission, constitutes “compensation.” The Legislative Counsel Bureau and such employees shall make the appropriate contributions to the Public Employees’ Retirement System for such compensation.

      2.  The maximum number of additional hours that may be designated as required for a classification pursuant to subsection 1 is 750.

      Sec. 2.  NRS 218.185 is hereby amended to read as follows:

      218.185  1.  During each session of the Legislature, employees of the Senate and Assembly shall compile and prepare sets of books containing bills, resolutions, journals and histories for:

      (a) The officers and members of the Senate and Assembly without cost to them.

      (b) Selected staff members of the Legislative Counsel Bureau without cost to them.

      (c) The press room for use of accredited press representatives, four such sets of books without cost to them.

      (d) Persons other than those enumerated in paragraphs (a), (b) and (c) upon application to the Legislative Counsel Bureau and the payment of a fee [of $150.] established by the Director of the Legislative Counsel Bureau.

      2.  All fees collected under the provisions of this section must be deposited with the State Treasurer for credit to the Legislative Fund in accordance with the provisions of NRS 353.250.

      Sec. 3.  NRS 218.697 is hereby amended to read as follows:

      218.697  1.  [Upon request, the Legislative Counsel shall represent any Legislator in any matter before the Commission on Ethics.

      2.]  When deemed necessary or advisable to protect the official interests of the Legislature or one or more legislative committees, the Legislative Commission, or the Chairman of the Legislative Commission in cases where action is required before a meeting of the Legislative Commission is scheduled to be held, may direct the Legislative Counsel and his staff to appear in, commence, prosecute, defend or intervene in any action, suit, matter, cause or proceeding in any court or agency of this State or of the United States.

 


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ê2007 Statutes of Nevada, Page 3306 (Chapter 532, AB 593)ê

 

      [3.] 2.  The Legislative Commission may authorize payment of the expenses and costs incurred pursuant to this section from the Legislative Fund.

      Sec. 4.  NRS 223.121 is hereby amended to read as follows:

      223.121  1.  The [Legislative Commission] Director may, upon the election of each new Governor, enter into a contract with an artist for the purpose of procuring a portrait of that Governor for display in the Capitol Building.

      2.  The portrait must be painted in oil colors and appropriately framed. The painting and framing must be done in the same manner, style and size as the portraits of former Governors of the State displayed in the Capitol Building.

      3.  The contract price must not exceed the appropriation made for this purpose to the Account for the Governor’s Portrait in the State General Fund. The contract price must include the cost of the portrait and the frame.

      4.  The portrait and frame are subject to the approval of the Governor.

      5.  Upon delivery of the approved, framed portrait to the Secretary of State and its acceptance by the [Legislative Commission,] Director, the State Controller shall draw his warrant in an amount equal to the contract price and the State Treasurer shall pay the warrant from the Account for the Governor’s Portrait. Any balance remaining in the Account immediately lapses to the State General Fund.

      6.  As used in this section, “Director” means the Director of the Department of Cultural Affairs.

      Sec. 5.  NRS 331.135 is hereby amended to read as follows:

      331.135  1.  The Legislature reserves the supervision and control, both during and between legislative sessions, of:

      (a) The entire legislative building, including its chambers, offices and other rooms, and its furnishings and equipment.

      (b) A portion of the parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the capitol grounds, situated in a portion of the Capitol Complex, as shown on the Record of Survey Map No. 297, Official Records of Carson City, Nevada, File No. 3043, section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:

 

      Beginning at the southwest corner of block 36, Sears , Thompson and Sears Division, as shown on that record of survey;

      Thence N 89°52´32˝ E, a distance of 443.93 feet;

      Thence N 00°12´15˝ E, a distance of 302.14 feet;

      Thence N 44°47´45˝ W, a distance of 189.88 feet to the north side of an existing sidewalk;

      Thence N 89°39´33˝ W, along that sidewalk, a distance of 97.13 feet to the east side of an existing sidewalk;

      Thence N 00°14´26˝ E, along that sidewalk, a distance of 270.00 feet, more or less, to the north line of a sidewalk;

      Thence N 89°47´45˝ W, along that sidewalk, a distance of 212.50 feet, to the east right-of-way line of Carson Street;

      Thence S 00°13´08˝ W, along that line, a distance of 709.40 feet, more or less, to the true point of beginning.

      Containing 5.572 acres, more or less.

 


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ê2007 Statutes of Nevada, Page 3307 (Chapter 532, AB 593)ê

 

      (c) The entire parcel of land bounded on the north by Fifth Street, on the south by Sixth Street, on the east by Stewart Street and on the west by Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge Addition; and that portion of Fall Street between Fifth Street and Sixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9 M-89/90-10. Also the entire parcel of land bounded on the north by the south boundary line of block 2, Pierson and Goodridge Addition, on the south by Seventh Street, on the east by Stewart Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.

      (d) The entire parcel of land bounded on the north by Sixth Street, on the south by Seventh Street, on the east by Fall Street, and on the west by Plaza Street, also described as block 6, Pierson and Goodridge Addition.

      (e) The entire parcel of land bounded on the north by Fourth Street, on the west by Stewart Street, on the south by Fifth Street, and on the east by the abandoned right-of-way of Valley Street, also described as block 39 of Sears , Thompson and Sears Division of Carson City; and the west 30.00 feet of the abandoned right-of-way of Valley Street abutting block 39 of Sears , Thompson and Sears Division. Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

      (f) The entire parcel of land bounded on the north by Third Street, on the west by Stewart Street, on the south by Fourth Street, and on the east by Valley Street, also described as block 22 of Sears, Thompson and Sears Division of Carson City; and the land occupied by the state printing warehouse in block 21 of Sears, Thompson and Sears Division of Carson City; and the abandoned right-of-way of Fourth Street between block 22 of Sears, Thompson and Sears Division and block 39 of Sears, Thompson and Sears Division of Carson City. Excepting therefrom that portion of Stewart Street deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

      (g) Any other property acquired for the use of the Legislature or its staff.

Ê Title to the property described in this subsection must be held in the name of the Legislature of the State of Nevada.

      2.  The Director of the Legislative Counsel Bureau:

      (a) Shall provide an individual office for each Legislator whose position as an officer or as a chairman of a committee does not otherwise entitle him to occupy an assigned office.

      (b) May assign the use of space in the legislative building or other legislative facilities or on the legislative grounds in such a manner as the Legislative Commission prescribes.

      3.  The Director of the Legislative Counsel Bureau shall cause the legislative building, chambers and grounds and other legislative facilities to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the Legislature. For this purpose he may, in addition to his general power to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

      Sec. 6.  NRS 341.158 is hereby amended to read as follows:

      341.158  The provisions of [NRS 341.141 to 341.155, inclusive,] this chapter do not [require] apply to the Legislative Branch of government . [to use the services of the Board.]

 


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ê2007 Statutes of Nevada, Page 3308 (Chapter 532, AB 593)ê

 

use the services of the Board.] The Legislature may require the Board to provide the services described in [those sections] NRS 341.141 to 341.155, inclusive, for particular projects for the Legislative Branch of government.

      Sec. 7.  NRS 427A.330 is hereby amended to read as follows:

      427A.330  1.  The Legislative Commission shall appoint to the Nevada Silver Haired Legislative Forum a number of members equal to the number of State Senators. The persons appointed to the Forum must be the persons nominated pursuant to this section. Each member of the Senate shall, after consulting with the members of the Assembly who reside within his senatorial district, nominate a person who meets the requirements for appointment to the Forum set forth in NRS 427A.340.

      2.  Appointments to the Nevada Silver Haired Legislative Forum must be made by the Legislative Commission before December [1 of an odd-numbered year. The term of a member begins on December 1 of the odd-numbered year of appointment.

      3.  The members of the Nevada Silver Haired Legislative Forum from Clark County Senatorial Districts 2, 3, 4, 7 and 8, Washoe County Senatorial Districts 1 and 3, the Capital Senatorial District and the Western Nevada Senatorial District serve an initial term of 1 year. The members of the Nevada Silver Haired Legislative Forum from the remaining senatorial districts serve an initial term of 2 years.] 31 of the second year of a member’s term. After the initial terms, each member of the Forum serves a term of 2 years. Each member of the Forum continues to serve until his successor is appointed.

      Sec. 8.  Chapter 329, Statutes of Nevada 2005, at page 1182, is hereby amended by adding thereto a new section to be designated as section 8, immediately following section 7, to read as follows:

      Sec. 8.  The increases in the compensation for Senators and Assemblymen pursuant to the amendatory provisions of section 7 of this act must be calculated based only upon increases in the salaries of the classified employees of this State that take effect on or after November 2, 2004.

      Sec. 9.  The State Land Registrar shall, as soon as practicable after the effective date of this act, execute and file all necessary and appropriate documents to provide that title to property described in subsection 1 of NRS 331.135 is held in the name of the Legislature of the State of Nevada.

      Sec. 10.  On or before December 31, 2007, or as soon thereafter as practicable, the Legislative Commission shall appoint new members of the Nevada Silver Haired Legislative Forum pursuant to NRS 427A.330, as amended by section 7 of this act. The Legislative Commission shall appoint to terms ending on:

      1.  December 31, 2008, members nominated by Senators representing Clark County Senatorial Districts 1, 5, 9, 10 and 12, Washoe County Senatorial Districts 1 and 4, the Central Nevada Senatorial District and the Rural Nevada Senatorial District.

      2.  December 31, 2009, members nominated by Senators representing Clark County Senatorial Districts 2, 3, 4, 6, 7, 8 and 11, Washoe County Senatorial Districts 2 and 3, and the Capital Senatorial District.

Ê The terms of the members of the Nevada Silver Haired Legislative Forum as of the effective date of this act continue until their successors are appointed pursuant to this section. A member may be reappointed.

 


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ê2007 Statutes of Nevada, Page 3309 (Chapter 532, AB 593)ê

 

      Sec. 11.  A person who worked hours before and during the 2007 regular session of the Legislature that would have been considered as compensation pursuant to the provisions of section 1 of this act, had that section been in effect, may elect to have his payment for those hours, up to the limit established for his classification, and in no case more than 750 hours, considered as compensation by:

      1.  Notifying the Public Employees’ Retirement System of his election; and

      2.  Paying the amount necessary to make both the employer and employee contributions to the System on the payment for the additional hours that the person desires to have considered as compensation. The Legislative Counsel Bureau shall not make any portion of the required contribution.

Ê The election and payment must be made on or before January 1, 2008.

      Sec. 12.  1.  This section and sections 2 to 11, inclusive, of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on July 1, 2007.

________

 

CHAPTER 533, AB 319

Assembly Bill No. 319–Committee on Ways and Means

 

CHAPTER 533

 

AN ACT relating to public employees; repealing various provisions concerning compensation for employees of the Legislature; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill repeals a prohibition against compensating the Secretary of the Senate and the Chief Clerk of the Assembly for overtime. Section 3 of this bill repeals certain provisions concerning the definition of “compensation” for certain legislative employees for the purposes of the Public Employees’ Retirement System.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 218.195 is hereby amended to read as follows:

      218.195  1.  The compensation of the Secretary of the Senate and the Chief Clerk of the Assembly must be provided for in the budget for the Legislature for the ensuing biennium. The compensation [:

      (a) Must] must include an annual salary payable on a biweekly basis. The salary must not be increased during the biennium unless otherwise provided by a legislative act . [; and

      (b) Must not include compensation for overtime.]

      2.  Except as otherwise provided in this section, the Secretary of the Senate and the Chief Clerk of the Assembly are subject to the same requirements of and entitled to the same benefits and rights as specified for employees of the Legislative Counsel Bureau. For the purposes of this subsection, references in the statutes and in the rules and policies of the Legislative Counsel Bureau to the chief of a division or the Director of the Legislative Counsel Bureau must be replaced by:

 


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ê2007 Statutes of Nevada, Page 3310 (Chapter 533, AB 319)ê

 

subsection, references in the statutes and in the rules and policies of the Legislative Counsel Bureau to the chief of a division or the Director of the Legislative Counsel Bureau must be replaced by:

      (a) The Majority Leader of the Senate in the case of the Secretary of the Senate.

      (b) The Speaker of the Assembly in the case of the Chief Clerk of the Assembly.

      3.  Notwithstanding the provisions of subsection 2, the Secretary of the Senate and the Chief Clerk of the Assembly are not employees of the Legislative Counsel Bureau.

      Sec. 3.  Sections 1 and 11 of Assembly Bill No. 593 of this session are hereby repealed.

      Sec. 4.  This act becomes effective upon passage and approval and applies retroactively to November 1, 2006.

________

 

CHAPTER 534, AB 115

Assembly Bill No. 115–Assemblywoman Leslie

 

CHAPTER 534

 

AN ACT relating to mines; making various changes governing the regulation of mines; requiring the State Environmental Commission to adopt regulations prescribing a fee for operators of mines with the potential to emit mercury; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Administrator of the Division of Industrial Relations of the Department of Business and Industry is authorized to adopt regulations for mine health and safety. (NRS 512.131) Section 1 of this bill requires the Administrator to adopt regulations as necessary to provide safe and healthful working conditions at mines.

      Under existing law, the State Environmental Commission is required to adopt regulations that require a person operating or responsible for the existence of a source of air contaminant to apply for and obtain an operating permit and to charge appropriate fees for an operating permit. (NRS 445B.300) Section 2 of this bill requires the Commission to adopt regulations prescribing a fee for operators of mines with the potential to emit mercury, which must be in addition to the fee for an operating permit. The additional revenue will be used by the State Department of Conservation and Natural Resources to pay for employees that will monitor compliance with the Nevada Mercury Air Emissions Control Program. (NRS 445B.210, 445B.300; NAC 445B.3611-445B.3689)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 512.131 is hereby amended to read as follows:

      512.131  1.  The Administrator [may adopt any] shall adopt regulations for mine health and safety [he deems necessary and which are consistent with] as necessary to provide safe and healthful working conditions at mines. The regulations must provide protection that is at least equal to the protection provided by the Federal Mine Safety and Health Act , [(] 30 U.S.C. §§ 801 et seq.

 


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ê2007 Statutes of Nevada, Page 3311 (Chapter 534, AB 115)ê

 

equal to the protection provided by the Federal Mine Safety and Health Act , [(] 30 U.S.C. §§ 801 et seq. , [),] as amended. The Administrator may consider the following sources in adopting the regulations:

      (a) Common practices of the mining industry;

      (b) The American National Standards Institute;

      (c) The American Society of Mechanical Engineers;

      (d) The American Society for Testing and Materials International;

      (e) Applicable provisions contained in the Code of Federal Regulations;

      (f) The National Fire Protection Association, including, without limitation, the National Electrical Code;

      (g) Any national consensus standard; and

      (h) Any safety order legally adopted by the Administrator.

      2.  The Administrator shall forward a copy of [every] each regulation adopted under this section to the operator of each mine and to the representative of the workers, if any, at the mine. Failure to receive a copy of the regulation does not relieve anyone of the obligation to comply with it.

      Sec. 2.  Chapter 445B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to the fees for an operating permit, the Commission shall adopt regulations prescribing the appropriate fee to be imposed on the operator of a mine with the potential to emit mercury, and the schedule for payment of the fee. The Commission shall ensure that the fees imposed pursuant to this subsection are in an amount sufficient to pay the cost of employing two full-time employees of the Department whose employment responsibilities include ensuring compliance with a program to control mercury emissions adopted pursuant to NRS 445B.100 to 445B.640, inclusive, and any regulations adopted thereto. The Department shall advise the Commission in prescribing an appropriate fee pursuant to this subsection.

      2.  Each operator of a mine with the potential to emit mercury shall pay the fee prescribed by the Commission in accordance with the schedule prescribed by the Commission.

      3.  As used in this section, “mine with the potential to emit mercury” means a mine that, as determined by the Director, has the potential to emit mercury.

      Secs. 3-12.  (Deleted by amendment.)

      Sec. 13.  NRS 445B.100 is hereby amended to read as follows:

      445B.100  1.  It is the public policy of the State of Nevada and the purpose of NRS 445B.100 to 445B.640, inclusive, and section 2 of this act to achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of the State.

      2.  It is the intent of NRS 445B.100 to 445B.640, inclusive, and section 2 of this act to:

      (a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout the State of Nevada;

      (b) Maintain cooperative programs between the State and its local governments; and

      (c) Facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within a single jurisdiction.

 


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      3.  The quality of air is declared to be affected with the public interest, and NRS 445B.100 to 445B.640, inclusive, and section 2 of this act are enacted in the exercise of the police power of this State to protect the health, peace, safety and general welfare of its people.

      4.  It is also the public policy of this State to provide for the integration of all programs for the prevention of accidents in this State involving chemicals, including, without limitation, accidents involving hazardous air pollutants, highly hazardous chemicals, highly hazardous substances and extremely hazardous substances.

      Sec. 14.  NRS 445B.105 is hereby amended to read as follows:

      445B.105  As used in NRS 445B.100 to 445B.640, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.110 to 445B.155, inclusive, have the meanings ascribed to them in those sections.

      Secs. 15-27.  (Deleted by amendment.)

      Sec. 28.  The Administrator of the Division of Industrial Relations of the Department of Business and Industry shall, on or before June 30, 2009, review the regulations adopted pursuant to NRS 512.131 and revise those regulations to ensure the regulations comply with the amendatory provisions of section 1 of this act.

      Sec. 29.  The State Environmental Commission shall adopt the regulations required pursuant to section 2 of this act on or before December 31, 2007.

      Sec. 30.  This act becomes effective upon passage and approval.

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CHAPTER 535, SB 517

Senate Bill No. 517–Committee on Government Affairs

 

CHAPTER 535

 

AN ACT relating to state financial administration; requiring that certain payments made to agencies of this State be made electronically; and providing other matters properly relating thereto.

 

[Approved: June 15, 2007]

 

Legislative Counsel’s Digest:

      This bill requires all payments of money owed to a state agency for taxes, interest, penalties or any other obligations that, in the aggregate, amount to $10,000 or more be made by electronic transfer. This requirement does not apply to such payments by governmental entities, or to payments to the Secretary of State unless the Secretary of State so requires.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, all payments of money owed to a state agency for taxes, interest, penalties or any other obligations that, in the aggregate, amount to $10,000 or more must be made by any method of electronic transfer of money allowed by the state agency.

 


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made by any method of electronic transfer of money allowed by the state agency.

      2.  The provisions of subsection 1:

      (a) Apply to a person who has entered into an agreement with one or more employers who are required to pay contributions pursuant to NRS 612.535, if:

             (1) Pursuant to such agreement, the person is required to submit the contributions to the Employment Security Division of the Department of Employment, Training and Rehabilitation on behalf of the employers; and

             (2) The amount of such contributions from employers, in the aggregate, is $10,000 or more.

      (b) Do not apply to:

             (1) The payment of money owed to the Secretary of State, unless the Secretary of State requires the payment of money owed to his office for taxes, interest, penalties or any other obligations that, in the aggregate, amount to $10,000 or more be made by any method of electronic transfer of money.

             (2) The payment of money owed to a state agency by a governmental entity.

      3.  If the payment of money owed to a state agency is required pursuant to this section to be made electronically, the electronic payment must be credited to the State of Nevada on or before the date that such payment is due. An employer who is required to pay a contribution pursuant to NRS 612.535 must initiate the payment of the contribution on or before the date that such payment is due.

      4.  As used in this section:

      (a) “Electronic transfer of money” means any transfer of money, other than a transaction initiated by a check or other similar instrument, that is initiated through an automated clearinghouse transaction, an electronic check transaction or a wire transfer for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account.

      (b) “Employer” has the meaning ascribed to it in NRS 612.055.

      (c) “Governmental entity” means:

             (1) The government of this State;

             (2) An agency of the government of this State;

             (3) A political subdivision of this State; and

             (4) An agency of a political subdivision of this State.

      Sec. 2.  NRS 353.146 is hereby amended to read as follows:

      353.146  As used in NRS 353.146 to 353.148, inclusive, and section 1 of this act, “state agency” means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of the State Government.

      Sec. 3.  NRS 31A.090 is hereby amended to read as follows:

      31A.090  1.  A notice to withhold income is binding upon any employer of an obligor to whom it is mailed. To reimburse the employer for his costs in making the withholding, he may deduct $3 from the amount paid the obligor each time he makes a withholding.

      2.  [If] Except as otherwise provided in subsection 3, if an employer receives notices to withhold income for more than one employee, he may consolidate the amounts of money that are payable to:

      (a) The enforcing authority and pay those amounts with one check; and

 


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      (b) The State Treasurer and pay those amounts with one check,

Ê but the employer shall attach to each check a statement identifying by name and social security number each obligor for whom payment is made and the amount transmitted for that obligor.

      3.  If the provisions of section 1 of this act apply, the employer shall make payment to the enforcing authority or the State Treasurer, as applicable, by way of any method of electronic transfer of money allowed by the enforcing authority or the State Treasurer. If an employer makes such payment by way of electronic transfer of money, the employer shall transmit separately the name and appropriate identification number, if any, of each obligor for whom payment is made and the amount transmitted for that obligor.

      4.  An employer shall cooperate with and provide relevant information to an enforcing authority as necessary to enable it to enforce an obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.

      5.  As used in this section, “electronic transfer of money” has the meaning ascribed to it in section 1 of this act.

      Sec. 4.  NRS 108.650 is hereby amended to read as follows:

      108.650  1.  Any person or his insurer who, after the receipt of a certified copy of the notice of lien pursuant to NRS 108.610, makes any payment to the injured person, his heirs, personal representatives or the attorney for any of them, as compensation for the injury suffered, without paying the hospital the reasonable value of hospitalization rendered to the injured person and claimed in its notice of lien or so much thereof as can be satisfied out of the money due under any final judgment, settlement or compromise, after paying the attorney’s fees, costs and expenses incurred in connection therewith and any prior liens, is, for a period of 180 days after the date of that payment, liable to the hospital for the amount or part thereof which the hospital was entitled to receive. The hospital has, within that period, a cause of action or other claim for relief against the person or insurer making the payment, which may be prosecuted and maintained in any county wherein the notice of lien was filed.

      2.  [If] Except as otherwise provided in this subsection, if the hospital is publicly owned or not for profit, the person or his insurer shall make the payment to the hospital by issuing to the hospital a separate check or other negotiable instrument. If the provisions of section 1 of this act apply, the person or his insurer shall make the payment to the hospital by way of any method of electronic transfer of money allowed by the hospital.

      3.  As used in this section, “electronic transfer of money” has the meaning ascribed to it in section 1 of this act.

      Sec. 5.  The Legislative Counsel shall, where applicable:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to a “check” or “negotiable instrument” to an “electronic transfer of money.”

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to a “check” or “negotiable instrument” to an “electronic transfer of money.”

      Sec. 6.  This act becomes effective on July 1, 2008.

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ê2007 Statutes of Nevada, Page 3315ê

 

CHAPTER 536, AB 161

Assembly Bill No. 161–Committee on Commerce and Labor

 

CHAPTER 536

 

AN ACT relating to insurance; making various changes relating to persons licensed or regulated by the Commissioner of Insurance; increasing the maximum annual assessment on member insurers of the Nevada Life and Health Insurance Guaranty Association; revising provisions governing policies of various types of insurance; revising reporting requirements for an insurer that issues a policy of insurance covering the liability of a physician or osteopathic physician; making certain provisions applicable to title insurers, title agents and escrow officers; requiring a motor club to pay an administrative penalty for failing to pay an annual fee to the Commissioner timely; revising provisions governing claims against an insolvent insurer; making certain provisions applicable to licensed bail agents, bail solicitors, bail enforcement agents and general agents; repealing the requirement that a trustee of a medical savings account file an annual report with the Commissioner; increasing the number of deputies that the Commissioner may appoint; revising various provisions governing industrial insurance; and providing other matters properly relating thereto.

 

[Approved: June 15, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes certain requirements for business organizations to be licensed as producers of insurance. (NRS 683A.251) Sections 1.3 and 2 of this bill require such a business organization to report to the Commissioner of Insurance when another producer of insurance is authorized to act on its behalf and when such authorization is terminated.

      Under existing law, insurers are required to be members of the Nevada Life and Health Insurance Guaranty Association. Member insurers are required to pay an annual assessment to the Association. (NRS 686C.240) Section 7 of this bill increases the maximum amount of such an assessment.

      Existing law requires that an insurer which issues a policy covering the liability of a physician or osteopathic physician file a report with the Commissioner whenever a claim on the policy is closed. (NRS 690B.260) Section 16 of this bill changes the filing requirement to require that such a report be filed at the end of each calendar quarter on all claims closed during that quarter.

      Existing law requires captive insurers to maintain certain levels of unimpaired paid-in capital and unencumbered surplus. (NRS 694C.250, 694C.260) Additionally, certain captive insurers are required to submit to the Commissioner an annual report on their financial condition. Section 19 of this bill increases the required levels of such capital and surplus. Section 23 of this bill applies the reporting requirement of captive insurers to sponsored captive insurers.

      Existing law governs the filing of claims against an insurer against which delinquency proceedings have begun. Currently, claims are filed with the receiver and a court determines the validity of the claim. (NRS 696B.330) Existing law establishes classes for the order of priority for distribution of the assets of an insurer to claimants against the insurer. (NRS 696B.420) Section 27 of this bill requires the receiver to determine the validity of a claim and to determine the priority of the claim. If a person objects to the determination of the receiver, the determination may be appealed to a court.

 


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      Existing law defines “tangible net worth” for the purposes of industrial insurance to include all assets of an association of self-insured private employers or of a member of such an association, but excepts a number of assets from the definition. (NRS 616A.330) Section 29 of this bill removes most of the exceptions.

      Existing law provides that an employee leasing company shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans. (NRS 616B.691) Section 30.8 of this bill clarifies that such a company shall be deemed to be the employer for the purposes of the Employee Retirement Income Security Act of 1974 (ERISA). Section 30.8 also clarifies the prohibition against such a company offering a self-funded industrial insurance program.

      Existing law authorizes the Commissioner to appoint two deputies. Section 31 of this bill authorizes the Commissioner to appoint one additional deputy.

      Existing law requires a trustee of a medical savings account to file an annual report with the Commissioner. (NRS 689A.735) Section 32 of this bill repeals that requirement.

      Chapter 616B of NRS governs providers of industrial insurance. Under existing law, certain employers and associations of employers may qualify as self-insurers. (NRS 616B.300, 616B.353, 616B.386) Section 29.5 of this bill requires associations of self-insured public and private employees to provide to members certain information regarding claims at the request of the member. Sections 29.7, 29.8 and 30 of this bill provide specific fiscal requirements for qualification as a self-insured employer or an association of self-insured public or private employers.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.03.  NRS 681B.050 is hereby amended to read as follows:

      681B.050  1.  As to casualty insurance transacted by it, each insurer shall maintain at all times reserves in an amount estimated in the aggregate to provide for payment of all losses and claims incurred, whether reported or unreported, which are unpaid and for which the insurer may be liable and to provide for the expenses of adjustment or settlement of losses and claims. The reserves must be computed in accordance with regulations adopted from time to time by the Commissioner upon reasonable consideration of the ascertained experience and the character of such kind of business for the purpose of adequately protecting the insured and the solvency of the insurer.

      2.  Whenever the loss and loss expense experience of the insurer show that reserves, calculated in accordance with those regulations, are inadequate, the Commissioner may require the insurer to maintain additional reserves.

      3.  [The minimum reserve requirements prescribed by the Commissioner for unpaid losses and loss expenses incurred during each of the most recent 3 years for coverages included in the lines of business described in the insurer’s annual statement as workmen’s compensation, liability other than automobile (B.I.), and automobile liability (B.I.) must not be less than the following: For workmen’s compensation, 65 percent of premiums earned during each year less the amount already paid for losses and expenses incidental thereto incurred during the year; for liability other than automobile (B.I.) and automobile liability (B.I.), 60 percent of premiums earned during each year less the amount already paid for losses and expenses incidental thereto incurred during the year.

 


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      4.]  The Commissioner may, by regulation, prescribe the manner and form of reporting pertinent information concerning the reserves provided for in this section.

      Sec. 1.05.  NRS 682A.280 is hereby amended to read as follows:

      682A.280  1.  In addition to investments excluded pursuant to other provisions of this Code, an insurer shall not acquire, invest in or lend its funds upon the security of:

      (a) Issued shares of its own capital stock, except as otherwise provided in NRS 693A.170 (purchase of own shares by stock insurer). No such shares shall be considered as an asset of the insurer in any determination of its financial condition.

      (b) Securities issued by any corporation or enterprise the controlling interest of which is, or will after such acquisition by the insurer be, held directly or indirectly by the insurer or any combination of the insurer and the insurer’s directors, officers, subsidiaries or controlling stockholders , [(] other than a parent corporation , [),] and the spouses and children of any of the foregoing individuals. Investments in controlled insurance corporations or subsidiaries under NRS 682A.120 and 682A.130 are not subject to the provisions of this section.

      (c) Any note or other evidence of indebtedness of any director, officer, employee or controlling stockholder of the insurer, or of the spouse or child of any of the foregoing individuals, except as to [policy] :

             (1) Policy loans authorized under NRS 682A.170 [.] ; or

             (2) Loans on the same terms and conditions as any other borrower which have been approved by a majority vote of the board of directors of the insurer and which conform to the standards set forth in NRS 682A.230.

      (d) Any real property in which any officer or director of the insurer has a financial interest.

      2.  No insurer shall underwrite or participate in the underwriting of an offering of securities or property of any other person. This section shall not be deemed to prohibit the insurer from being a subsidiary which is the principal underwriter of a registered investment company (mutual fund).

      3.  No insurer shall enter into any agreement to withhold from sale any of its securities or property, and the disposition of its assets shall at all times be within the control of the insurer.

      Sec. 1.1.  Chapter 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

      Sec. 1.3.  1.  A business organization which is licensed as a producer of insurance and which authorizes another producer of insurance to transact business on its behalf shall notify the Commissioner within 15 days after the effective date of the authorization in the manner prescribed by the Commissioner.

      2.  A business organization which is licensed as a producer of insurance and which terminates the authorization of a producer of insurance for any reason shall notify the Commissioner within 30 days after the effective date of the termination in the manner prescribed by the Commissioner. The business organization shall provide additional information or documents if so requested in writing by the Commissioner.

      3.  If the reason for termination is an activity described in NRS 683A.451 as a cause for disciplinary action or the business organization knows that the producer of insurance has been found to have engaged in such an activity by a court, governmental agency or self-regulatory organization authorized by law, the business organization shall notify the Commissioner, in the manner prescribed by the Commissioner, if the business organization discovers additional information that would have been reportable originally to the Commissioner if the business organization had then known it.

 


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organization authorized by law, the business organization shall notify the Commissioner, in the manner prescribed by the Commissioner, if the business organization discovers additional information that would have been reportable originally to the Commissioner if the business organization had then known it.

      Sec. 1.5.  1.  If an administrator establishes a panel of providers of health care or contracts with an organization that establishes a panel of providers of health care, the administrator shall not charge a provider of health care or such an organization:

      (a) Any fee to include the name of the provider of health care on the panel; or

      (b) Any other fee related to establishing the provider of health care as a provider on the panel.

      2.  If an administrator violates the provisions of subsection 1, the administrator shall pay to the provider of health care or organization, as appropriate, an amount that is equal to twice the fee charged to the provider of health care or the organization.

      3.  A court shall award costs and reasonable attorney’s fees to the prevailing party in any action brought to enforce the provisions of this section.

      4.  In addition to any relief granted pursuant to this section, if an administrator violates the provisions of subsection 1, the Division shall require the administrator to suspend the prohibited activities until the administrator, as determined by the Division:

      (a) Complies with the provisions of subsection 1; and

      (b) Refunds to all providers of health care or organizations, as appropriate, all fees obtained by the administrator in violation of subsection 1.

      Sec. 1.7.  NRS 683A.0805 is hereby amended to read as follows:

      683A.0805  As used in NRS 683A.0805 to 683A.0893, inclusive, and section 1.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 683A.081 to 683A.084, inclusive, have the meanings ascribed to them in those sections.

      Sec. 1.9.  NRS 683A.08528 is hereby amended to read as follows:

      683A.08528  1.  Not later than July 1 of each year, each holder of a certificate of registration as an administrator shall file with the Commissioner an annual report for the most recently completed fiscal year of the administrator. Each annual report must be verified by at least two officers of the administrator.

      2.  Each annual report filed pursuant to this section must include all the following:

      (a) [Except as otherwise provided in this paragraph, a] A financial statement of the administrator that has been [audited and prepared by an independent certified public accountant. In lieu of a financial statement that has been audited and prepared by an independent certified public accountant, the administrator may include with the annual report a financial statement that has been] reviewed by an independent certified public accountant . [if:

             (1) The total business assets of the administrator were less than $100,000 at the end of the most recently completed fiscal year of the administrator; or

 


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             (2) The administrator did not have any agreements to act as an administrator during the most recently completed fiscal year of the administrator.]

      (b) The complete name and address of each person, if any, for whom the administrator agreed to act as an administrator during the most recently completed fiscal year of the administrator.

      (c) Any other information required by the Commissioner.

      3.  In addition to the information required pursuant to subsection 2, if an annual report is prepared on a consolidated basis, the annual report must include a columnar or combining worksheet that:

      (a) Includes the amounts shown on the consolidated financial statement accompanying the annual report;

      (b) Separately sets forth the amounts for each entity included in the worksheet; and

      (c) Includes an explanation of each consolidating and eliminating entry included in the worksheet.

      4.  Each administrator who files an annual report pursuant to this section shall, at the time of filing the annual report, pay a filing fee in an amount determined by the Commissioner.

      5.  [On or before September 1 of each year, the] The Commissioner shall, for each administrator, review the annual report that is most recently filed by the administrator. As soon as practicable after reviewing the report, the Commissioner shall:

      (a) Issue a certificate to the administrator:

             (1) Indicating that, based on the annual report and accompanying financial statement, the administrator has a positive net worth and is currently licensed and in good standing in this State; or

             (2) Setting forth any deficiency found by the Commissioner in the annual report and accompanying financial statement; or

      (b) Submit a statement to any electronic database maintained by the National Association of Insurance Commissioners or any affiliate or subsidiary of the Association:

             (1) Indicating that, based on the annual report and accompanying financial statement, the administrator has a positive net worth and is in compliance with existing law; or

             (2) Setting forth any deficiency found by the Commissioner in the annual report and accompanying financial statement.

      Sec. 2.  NRS 683A.251 is hereby amended to read as follows:

      683A.251  1.  The Commissioner shall prescribe the form of application by a natural person for a license as a resident producer of insurance. The applicant must declare, under penalty of refusal to issue, or suspension or revocation of, the license, that the statements made in the application are true, correct and complete to the best of his knowledge and belief. Before approving the application, the Commissioner must find that the applicant has:

      (a) Attained the age of 18 years;

      (b) Not committed any act that is a ground for refusal to issue, or suspension or revocation of, a license;

      (c) Completed a course of study for the lines of authority for which the application is made, unless the applicant is exempt from this requirement;

 


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      (d) Paid the fee prescribed for the license and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account, neither of which may be refunded; and

      (e) Successfully passed the examinations for the lines of authority for which application is made, unless the applicant is exempt from this requirement.

      2.  A business organization must be licensed as a producer of insurance in order to act as such. Application must be made on a form prescribed by the Commissioner. Before approving the application, the Commissioner must find that the applicant has:

      (a) Paid the fee prescribed for the license and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account, neither of which may be refunded; [and]

      (b) Designated a natural person who is licensed as a producer of insurance and who is [affiliated with] authorized to transact business on behalf of the business organization to be responsible for the organization’s compliance with the laws and regulations of this State relating to insurance [.] ; and

      (c) If the business organization has authorized a producer of insurance not designated pursuant to paragraph (b) to transact business on behalf of the business organization, submitted to the Commissioner on a form prescribed by the Commissioner the name of each producer of insurance authorized to transact business on behalf of the business organization.

      3.  A natural person who is a resident of this State applying for a license must furnish a complete set of his fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Commissioner shall adopt regulations concerning the procedures for obtaining this information.

      4.  The Commissioner may require any document reasonably necessary to verify information contained in an application.

      Sec. 3.  NRS 683A.261 is hereby amended to read as follows:

      683A.261  1.  Unless the Commissioner refuses to issue the license under NRS 683A.451, he shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:

      (a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability.

      (b) Health insurance for sickness, bodily injury or accidental death, which may include benefits for disability.

      (c) Property insurance for direct or consequential loss or damage to property of every kind.

      (d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property.

      (e) Surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.

      (f) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.

      (g) Credit insurance, including life, disability, property, unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed protection of assets, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.

 


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ê2007 Statutes of Nevada, Page 3321 (Chapter 536, AB 161)ê

 

disability, guaranteed protection of assets, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.

      (h) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.

      (i) Fixed annuities as a limited line.

      (j) Travel and baggage as a limited line.

      (k) Rental car agency as a limited line.

      2.  A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if a request for a renewal is submitted on or before the date for the renewal specified on the license, the fee for renewal and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account are paid for each license and each [affiliation with] authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal. A producer of insurance may submit a request for a renewal of his license within 30 days after the date specified on the license for the renewal if the producer of insurance otherwise complies with the provisions of this subsection and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of the renewal fee. A license as a producer of insurance expires if the Commissioner receives a request for a renewal of the license more than 30 days after the date specified on the license for the renewal. A fee paid pursuant to this subsection is nonrefundable.

      3.  A natural person who allows his license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251, but a penalty of twice the renewal fee is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.

      4.  A licensed producer of insurance who is unable to renew his license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

      5.  A license must state the licensee’s name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. A resident producer of insurance shall maintain a place of business in this State which is accessible to the public and where he principally conducts transactions under his license. The place of business may be in his residence. The license must be conspicuously displayed in an area of the place of business which is open to the public.

      6.  A licensee shall inform the Commissioner of each change of location from which he conducts business as a producer of insurance and each change of business or residence address, in writing or by other means acceptable to the Commissioner, within 30 days after the change. If a licensee changes the location from which he conducts business as a producer of insurance or his business or residence address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, he may revoke the license without a hearing.

 


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business or residence address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, he may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.

      Secs. 4-6.  (Deleted by amendment.)

      Sec. 7.  NRS 686C.240 is hereby amended to read as follows:

      686C.240  1.  The Board of Directors of the Association shall determine the amount of each assessment in Class A and may, but need not, prorate it. If an assessment is prorated, the Board may provide that any surplus be credited against future assessments in Class B. An assessment which is not prorated must not exceed [$150] $300 for each member insurer for any [one] 1 calendar year.

      2.  The Board may allocate any assessment in Class B among the accounts according to the premiums or reserves of the impaired or insolvent insurer or any other standard which it considers fair and reasonable under the circumstances.

      3.  Assessments in Class B against member insurers for each account and subaccount must be in the proportion that the premiums received on business in this State by each assessed member insurer on policies or contracts covered by each account or subaccount for the 3 most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent bears to premiums received on business in this State for those calendar years by all assessed member insurers.

      4.  Assessments for money to meet the requirements of the Association with respect to an impaired or insolvent insurer must not be authorized or called until necessary to carry out the purposes of this chapter. Classification of assessments under subsection 2 of NRS 686C.230 and computation of assessments under this section must be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. The Association shall notify each member insurer of its anticipated prorated share of an assessment authorized but not yet called within 180 days after it is authorized.

      Sec. 8.  NRS 687B.350 is hereby amended to read as follows:

      687B.350  1.  Except as otherwise provided in subsection 2, an insurer shall not renew a policy on different terms, including different rates, unless the insurer notifies the insured in writing of the different terms or rates at least 30 days before the expiration of the policy. If the insurer fails to provide adequate and timely notice, the insurer shall renew the policy at the expiring terms and rates:

      (a) For a period that is equal to the expiring term if the agreed term is 1 year or less; or

      (b) For 1 year if the agreed term is more than 1 year.

      2.  The provisions of this section do not apply to a change in the rate for a policy of industrial insurance [.] which is based on:

      (a) A change to a prospective loss cost filed by the Advisory Organization pursuant to NRS 686B.177 that is applicable to the risk; or

      (b) A correction based on the experience that is applicable to the risk in accordance with the Uniform Plan for Rating Experience filed with the Commissioner pursuant to NRS 686B.177.

 


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      Sec. 9.  NRS 689.150 is hereby amended to read as follows:

      689.150  As used in NRS 689.150 to 689.375, inclusive, unless the context otherwise requires:

      1.  “Funeral service or services” means those services performed normally by funeral directors or funeral or mortuary parlors and includes their sales of supplies and equipment for burial. The term includes cremations and crematory services. The term does not include services performed by a cemetery or the sale by a cemetery of services, interests in land, markers, memorials, monuments or merchandise and equipment in relation to the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on the property of a cemetery.

      2.  “Performer” means any person designated in a prepaid contract to furnish the funeral services, supplies and equipment covered by the contract on the demise of the beneficiary.

      3.  “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments [, a person] or payable solely from the proceeds of a policy of life insurance, the seller of the contract guarantees or promises either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract to furnish funeral services and merchandise. The term does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, of embalming, interring or otherwise disposing of the remains of any person.

      Sec. 10.  NRS 689.185 is hereby amended to read as follows:

      689.185  1.  Except as otherwise provided in subsection 2:

      (a) Before the issuance of a certificate of authority, the seller shall post with the Commissioner and thereafter maintain in force a bond in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit must at all times have a market value of not less than the amount of the bond required by the Commissioner.

      [2.] (b) The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or his agents, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond must not exceed the sum of the bond. The surety on the bond has the right to cancel the bond upon giving 30 days’ notice to the Commissioner and thereafter is relieved of liability for any breach of condition occurring after the effective date of the cancellation.

      [3.] (c) The Commissioner shall release the bond or deposit after the seller has ceased doing business as such and the Commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the bond or deposit was held.

      2.  The Commissioner may waive the requirements of subsection 1 if the seller agrees:

 


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      (a) To offer for sale only prepaid contracts that are payable solely from the proceeds of a policy of life insurance; and

      (b) Not to collect any money from the purchaser of a prepaid contract.

      Sec. 11.  NRS 689.315 is hereby amended to read as follows:

      689.315  1.  Except as otherwise provided in subsection 2:

      (a) The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the Commissioner.

      [2.] (b) The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.

      [3.] (c) The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account.

      [4.] (d) Except as otherwise provided in NRS 689.150 to 689.375, inclusive, or the trust agreement approved in writing by the Commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall make no other payment or disbursement from the trust fund.

      2.  The requirements of subsection 1 do not apply if:

      (a) The prepaid contract is payable solely from the proceeds of a policy of life insurance; and

      (b) The seller of the prepaid contract does not collect any money from the purchaser of the prepaid contract.

      Sec. 12.  NRS 689.475 is hereby amended to read as follows:

      689.475  1.  “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments [, a person] or payable solely from the proceeds of a policy of life insurance, the seller of the contract guarantees or promises, either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract, to provide burial services and to furnish adaptable or suitable personal property, merchandise, supplies or facilities in connection with such services.

      2.  “Prepaid contract” does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, for embalming, interring or otherwise disposing of the remains of any person.

 


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      Sec. 13.  NRS 689.495 is hereby amended to read as follows:

      689.495  1.  Except as otherwise provided in subsection 2:

      (a) Before the issuance of a permit to a seller, the seller shall post with the Commissioner and thereafter maintain in force a bond in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit must at all times have a market value not less than the amount of the bond required by the Commissioner.

      [2.] (b) The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or his agents, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond must not exceed the sum of the bond. The surety on the bond has the right to cancel the bond upon giving 30 days’ notice to the Commissioner and thereafter is relieved of liability for any breach of condition occurring after the effective date of the cancellation.

      [3.] (c) The Commissioner shall release the bond or deposit after the seller has ceased doing business as such and the Commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the bond or deposit was held.

      2.  The Commissioner may waive the requirements of subsection 1 if the seller agrees:

      (a) To offer for sale only prepaid contracts that are payable solely from the proceeds of a policy of life insurance; and

      (b) Not to collect any money from the purchaser of a prepaid contract.

      Sec. 14.  NRS 689.560 is hereby amended to read as follows:

      689.560  1.  Except as otherwise provided in subsection 2:

      (a) The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the Commissioner.

      [2.] (b) The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.

      [3.] (c) The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account.

      [4.  Except]

      (d) The trustee shall, except as otherwise provided in NRS 689.450 to 689.595, inclusive, or the trust agreement approved in writing by the Commissioner or as may be required by an order of a court of competent jurisdiction, [the trustees shall] maintain the trust fund intact and unimpaired and [shall] not make any payment or disbursement from the trust fund.

 


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jurisdiction, [the trustees shall] maintain the trust fund intact and unimpaired and [shall] not make any payment or disbursement from the trust fund.

      2.  The requirements of subsection 1 do not apply if:

      (a) The prepaid contract is payable solely from the proceeds of a policy of life insurance; and

      (b) The seller of the prepaid contract does not collect any money from the purchaser of the prepaid contract.

      Sec. 15.  NRS 689C.075 is hereby amended to read as follows:

      689C.075  1.  “Health benefit plan” means a policy [or certificate for hospital or medical expenses, a contract for dental, hospital or medical services, or a health care plan of a health maintenance organization available for use, offered or sold to a small employer.] , contract, certificate or agreement to provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of health care services. Except as otherwise provided in this section, the term includes short-term and catastrophic health insurance policies [,] and a policy that pays on a cost-incurred basis.

      2.  The term does not include:

      (a) Coverage that is only for accident or disability income insurance, or any combination thereof;

      (b) Coverage issued as a supplement to liability insurance;

      (c) Liability insurance, including general liability insurance and automobile liability insurance;

      (d) Workers’ compensation or similar insurance;

      (e) Coverage for medical payments under a policy of automobile insurance;

      (f) Credit insurance;

      (g) Coverage for on-site medical clinics;

      (h) Coverage under a short-term health insurance policy;

      (i) Coverage under a blanket student accident and health insurance policy; and

      (j) Other similar insurance coverage specified in federal regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, under which benefits for medical care are secondary or incidental to other insurance benefits.

      3.  If the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan, the term does not include the following benefits:

      (a) Limited-scope dental or vision benefits;

      (b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and

      (c) Such other similar benefits as are specified in any federal regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

      4.  If the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor, the term does not include:

 


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      (a) Coverage that is only for a specified disease or illness; and

      (b) Hospital indemnity or other fixed indemnity insurance.

      5.  If offered as a separate policy, certificate or contract of insurance, the term does not include:

      (a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss, as that section existed on July 16, 1997;

      (b) Coverage supplemental to the coverage provided pursuant to the Civilian Health and Medical Program of Uniformed Services, CHAMPUS, 10 U.S.C. §§ 1071 et seq.; and

      (c) Similar supplemental coverage provided under a group health plan.

      Sec. 15.5.  NRS 689C.170 is hereby amended to read as follows:

      689C.170  1.  A carrier serving small employers may vary the application of requirements for minimum participation of eligible employees and minimum employer’s contributions only by the size of the small employer’s group [.] or the product offered.

      2.  In applying requirements for minimum participation with respect to a small employer, a carrier shall not consider employees or dependents who have creditable coverage when determining whether the applicable percentage of participation is met, but may consider employees or dependents who have coverage under another health benefit plan that is sponsored by the employer.

      3.  A carrier shall not deny an application for coverage solely because the applicant works in a certain industry.

      4.  After a small employer has been accepted for coverage, a carrier shall not increase any requirement for minimum employee participation or modify any requirement for minimum employer contribution applicable to the small employer.

      Sec. 16.  NRS 690B.260 is hereby amended to read as follows:

      690B.260  1.  Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS or an osteopathic physician licensed under chapter 633 of NRS for a breach of his professional duty toward a patient shall, within 45 days after [a claim is closed under the policy,] the end of a calendar quarter, submit a report to the Commissioner concerning [the claim.] each claim that was closed during that calendar quarter under such a policy of insurance issued by the insurer and any change during that calendar quarter to any claim under such a policy of insurance issued by the insurer that was closed during a previous calendar quarter. The report must include, without limitation:

      (a) The name and address of the claimant and the insured under [the] each policy;

      (b) A statement setting forth the circumstances of [the] that case;

      (c) Information indicating whether any payment was made on [the] a claim and the amount of the payment, if any; and

      (d) The information specified in subsection 2 of NRS 679B.144 [.] for each claim.

      2.  An insurer who fails to comply with the provisions of subsection 1 is subject to the imposition of an administrative fine pursuant to NRS 679B.460.

      3.  The Commissioner shall, within 30 days after receiving a report from an insurer pursuant to this section, submit a report to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, setting forth the information provided to the Commissioner by the insurer pursuant to this section.

 


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Examiners or the State Board of Osteopathic Medicine, as applicable, setting forth the information provided to the Commissioner by the insurer pursuant to this section.

      Sec. 17.  NRS 690C.080 is hereby amended to read as follows:

      690C.080  1.  “Service contract” means a contract pursuant to which a provider, in exchange for separately stated consideration, is obligated for a specified period to a holder to repair, replace or perform maintenance on, or indemnify or reimburse the holder for the costs of repairing, replacing or performing maintenance on, goods that are described in the service contract and which have an operational or structural failure as a result of a defect in materials, workmanship or normal wear and tear, including, without limitation:

      [1.] (a) A contract that includes a provision for incidental payment of indemnity under limited circumstances, including, without limitation, towing, rental and emergency road service; and

      [2.] (b) A contract that provides for the repair, replacement or maintenance of goods for damages that result from power surges or accidental damage from handling.

      2.  The term does not include a contract pursuant to which a provider, other than the manufacturer, builder, seller or lessor of a manufactured home, in exchange for separately stated consideration, is obligated for a specified period to a holder to repair or replace, or indemnify or reimburse the holder for the costs of repairing or replacing, any component of the physical structure of the manufactured home, including, without limitation, the walls, roof supports, structural floor base or foundation.

      Sec. 18.  NRS 692A.270 is hereby amended to read as follows:

      692A.270  The provisions of NRS 683A.321, 683A.331, 683A.341, 683A.400, 683A.451 to 683A.490, inclusive, and 683A.520 apply to title insurers, title agents and escrow officers.

      Sec. 19.  NRS 694C.250 is hereby amended to read as follows:

      694C.250  1.  A captive insurer must not be issued a license, and shall not hold a license, unless the captive insurer has and maintains, in addition to any other capital or surplus required to be maintained pursuant to subsection 3, unimpaired paid-in capital and unencumbered surplus of:

      (a) For a pure captive insurer, not less than [$100,000;] $200,000;

      (b) For an association captive insurer , [incorporated as a stock insurer,] not less than [$200,000;] $500,000;

      (c) For an agency captive insurer, not less than [$300,000;] $600,000;

      (d) For a rental captive insurer, not less than [$400,000;] $800,000; and

      (e) For a sponsored captive insurer, not less than [$200,000.] $500,000.

      2.  Except as otherwise provided by the Commissioner pursuant to subsection 3, the capital and surplus required to be maintained pursuant to this section must be in the form of cash or an irrevocable letter of credit.

      3.  The Commissioner may prescribe additional requirements relating to capital or surplus based on the type, volume and nature of the insurance business that is transacted by the captive insurer and requirements regarding which capital [,] and surplus, if any, may be in the form of an irrevocable letter of credit.

      4.  A letter of credit used by a captive insurer as evidence of capital and surplus required pursuant to this section must:

 


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      (a) Be issued by a bank chartered by this State or a bank that is a member of the United States Federal Reserve System and has been approved by the Commissioner; and

      (b) Include a provision pursuant to which the letter of credit is automatically renewable each year, unless the issuer gives written notice to the Commissioner and the captive insurer at least 90 days before the expiration date.

      Sec. 20.  NRS 694C.270 is hereby amended to read as follows:

      694C.270  1.  The Commissioner may suspend or revoke the license of a captive insurer if, after an examination and hearing, the Commissioner determines that:

      (a) The captive insurer:

             (1) Is insolvent or has impaired its required capital or surplus;

             (2) Has failed to meet a requirement of NRS 694C.250, [694C.260,] 694C.320 or 694C.330;

             (3) Has refused or failed to submit an annual report, as required by NRS 694C.400, or any other report or statement required by law or by order of the Commissioner;

             (4) Has failed to comply with the provisions of its charter or bylaws;

             (5) Has failed to submit to an examination required pursuant to NRS 694C.410;

             (6) Has refused or failed to pay the cost of an examination required pursuant to NRS 694C.410;

             (7) Has used any method in transacting insurance pursuant to this chapter which is detrimental to the operation of the captive insurer or would make its condition unsound with respect to its policyholders or the general public; or

             (8) Has failed otherwise to comply with the laws of this State; and

      (b) The suspension or revocation of the license of the captive insurer is in the best interest of its policyholders or the general public.

      2.  The provisions of NRS 679B.310 to 679B.370, inclusive, apply to hearings conducted pursuant to this section.

      Sec. 21.  NRS 694C.340 is hereby amended to read as follows:

      694C.340  1.  Except as otherwise provided in this section and NRS 694C.382, an association captive insurer, an agency captive insurer, a rental captive insurer or a sponsored captive insurer shall comply with the requirements relating to investments set forth in chapter 682A of NRS. Upon the request of the association captive insurer, agency captive insurer, rental captive insurer or sponsored captive insurer, the Commissioner may approve the use of reliable, alternative methods of valuation and rating.

      2.  A pure captive insurer is not subject to any restrictions on allowable investments, except that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of the pure captive insurer.

      3.  A pure captive insurer may make a loan to its parent or affiliated company if the loan:

      (a) Is first approved in writing by the Commissioner;

      (b) Is evidenced by a note that is in a form that is approved by the Commissioner; and

      (c) Does not include any money that has been set aside as capital or surplus as required by subsection 1 of NRS 694C.250 . [or subsection 1 of NRS 694C.260.]

 


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      Sec. 22.  NRS 694C.384 is hereby amended to read as follows:

      694C.384  1.  As security for the payment of liabilities attributable to the branch operations of a branch captive insurer, the Commissioner shall require that a trust fund, funded by an irrevocable letter of credit or other acceptable asset, be established and maintained in the United States for the benefit of United States policyholders and ceding United States insurers under insurance policies or reinsurance contracts issued or assumed by the branch captive insurer through its branch operations.

      2.  The amount of the security must be not less than the total amount required by NRS 694C.250 , [and 694C.260,] and any reserves on such insurance policies or reinsurance contracts, including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses and unearned premiums with regard to business written through the branch operations. The Commissioner may authorize a branch captive insurer that is required to post security for loss reserves on branch business by its reinsurer to reduce the funds in the trust account required by this section by that same amount as long as the security remains posted with the reinsurer.

      3.  If the form of the security is a letter of credit, the letter of credit must be established, issued or confirmed by a bank chartered in this State or a bank that is a member of the Federal Reserve System.

      Sec. 23.  NRS 694C.400 is hereby amended to read as follows:

      694C.400  1.  On or before March 1 of each year, a captive insurer shall submit to the Commissioner a report of its financial condition, as prepared by a certified public accountant. A captive insurer shall use generally accepted accounting principles and include any useful or necessary modifications or adaptations thereof that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner. Except as otherwise provided in this section, each association captive insurer, agency captive insurer , [or] rental captive insurer or sponsored captive insurer shall file its report in the form required by NRS 680A.265. The Commissioner shall adopt regulations designating the form in which pure captive insurers must report.

      2.  A pure captive insurer may apply, in writing, for authorization to file its annual report based on a fiscal year that is consistent with the fiscal year of the parent company of the pure captive insurer. If an alternative date is granted:

      (a) The annual report is due not later than 60 days after the end of each such fiscal year; and

      (b) The pure captive insurer shall file on or before March 1 of each year such forms as required by the Commissioner by regulation to provide sufficient detail to support its premium tax return filed pursuant to NRS 694C.450.

      Sec. 24.  NRS 695D.270 is hereby amended to read as follows:

      695D.270  1.  The Commissioner shall, [once:

      (a) Every 6 months for the first] not less frequently than once every 3 years , [after an organization for dental care receives its certificate of authority; and

      (b) Each year thereafter,

Ê] conduct an examination of [the] an organization for dental care pursuant to NRS 679B.250 to 679B.300, inclusive.

 


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      2.  The Commissioner may examine any organization which holds a certificate of authority from this State or another state at any other time he deems necessary. For those organizations transacting business in this State which are not organized in this State, the Commissioner may accept a full report of the last examination of the organization certified by the state officer who supervises those organizations in the other state, if that examination is equivalent to an examination conducted by the Commissioner.

      3.  The Commissioner shall, in like manner, examine all organizations applying for a certificate of authority.

      Sec. 25.  NRS 695F.310 is hereby amended to read as follows:

      695F.310  1.  The Commissioner may examine the affairs of any prepaid limited health service organization as often as is reasonably necessary to protect the interests of the residents of this State, but not less frequently than once every [2] 3 years.

      2.  A prepaid limited health service organization shall make its books and records available for examination and cooperate with the Commissioner to facilitate the examination.

      3.  In lieu of such an examination, the Commissioner may accept the report of an examination conducted by the commissioner of insurance of another state.

      4.  The reasonable expenses of an examination conducted pursuant to this section must be charged to the organization being examined and remitted to the Commissioner.

      Sec. 26.  NRS 696A.185 is hereby amended to read as follows:

      696A.185  1.  Every motor club shall file with the Commissioner on or before March 1 of each year a report which summarizes its activities for the preceding calendar year. The report must be verified by at least two officers of the motor club.

      2.  The report must be on a form prescribed by the Commissioner and must include:

      (a) A financial statement for the motor club, including its balance sheet and receipts and disbursements for the preceding calendar year;

      (b) Any material changes in the information given in the previous report;

      (c) The number of members enrolled in the year;

      (d) The costs of all services provided for that year; and

      (e) Any other information relating to the motor club requested by the Commissioner.

      3.  The motor club must pay to the Commissioner an annual fee of $500.

      4.  Every motor club shall file with the Commissioner on or before June 1 of each year a financial statement of the motor club certified by an independent public accountant.

      5.  Any motor club failing, without just cause beyond its reasonable control, to file timely the report or financial statement or to pay timely the annual fee required by this section shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The Attorney General shall recover the penalty in the name of the State of Nevada.

      6.  A motor club is not exempt from the provisions of NRS 679B.700.

      Sec. 27.  NRS 696B.330 is hereby amended to read as follows:

      696B.330  1.  All claims against an insurer against which delinquency proceedings have [been begun shall] commenced must be filed in the manner and form established by the receiver and set forth in reasonable detail the amount of the claim, or the basis upon which [such] that amount can be ascertained, the facts upon which the claim is based, and the priorities asserted, if any.

 


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detail the amount of the claim, or the basis upon which [such] that amount can be ascertained, the facts upon which the claim is based, and the priorities asserted, if any. All such claims [shall] must be verified by the affidavit of the claimant, or someone authorized to act on his behalf and having knowledge of the facts, and [shall] be supported by such documents as may be material thereto.

      2.  All claims filed in this State [shall] must be filed with the receiver, whether domiciliary or ancillary, in this State, on or before the last date for filing as specified in this chapter [.] or as directed by the court.

      3.  [Within 10 days of the receipt of any claim, or within such further period as the court may fix for good cause shown, the receiver shall report the claim to the court, specifying in such report his recommendation with respect to the action to be taken thereon. Upon receipt of such report, the court shall fix a time for hearing the claim and shall direct that the claimant or the receiver, as the court shall specify, shall give such notice as the court determines to such persons as appear to the court to be interested therein. All such notices shall specify the time and place of the hearing and shall concisely state the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with reference thereto.

      4.  At the hearing, all persons interested shall be entitled to appear, and the court shall enter an order allowing, allowing in part, or disallowing the claim. Any such order is an appealable order.] Except as otherwise provided in subsection 4, after the last date for filing a claim against an insurer as specified in this chapter, the receiver shall:

      (a) Determine whether to approve or deny, in whole or in part, each claim against the insurer filed with the receiver pursuant to subsection 2; and

      (b) If the receiver approves a claim, in whole or in part, determine the class of the claim as provided in NRS 696B.420.

      4.  The receiver is not required to process any claims in a class until it appears that assets will be available for distribution to that class. If there are insufficient assets to process claims for a class, the receiver shall notify the court and may make a recommendation to the court for the processing of any such claims.

      5.  The receiver shall mail, by first-class mail, postage prepaid, to each claimant that filed a claim with the receiver pursuant to subsection 2, written notice of the determination regarding the claim.

      6.  The receiver shall submit to the court a report on the determination of the receiver on each claim approved in whole or in part.

      7.  Not more than 60 days after the mailing of the written notice pursuant to subsection 5 or the submission of the report pursuant to subsection 6, whichever occurs later, a person may file with the receiver an objection to the determination of the receiver on a claim.

      8.  If an objection is filed pursuant to subsection 7, the receiver shall submit to the court a report on the determination of the receiver on each claim to which an objection has been filed. The court shall fix a time for a hearing on such claims and shall direct the receiver to give notice of the hearing. The notice provided by the receiver must:

      (a) Be sent to the claimant by first-class mail, postage prepaid, not more than 30 days and not less than 10 days before the hearing, on any claim to which an objection has been filed; and

      (b) Specify the time and place of the hearing.

 


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      9.  A hearing may be conducted by the court or by a master or referee appointed by the court. If a hearing is conducted by a master or referee, the master or referee shall submit findings of fact and his recommendations to the court. The court shall enter an order approving or denying, in whole or in part, a claim filed against an insurer. Any such order is an appealable order.

      Sec. 28.  NRS 697.360 is hereby amended to read as follows:

      697.360  Licensed bail agents, bail solicitors and bail enforcement agents, and general agents are also subject to the following provisions of this Code, to the extent reasonably applicable:

      1.  Chapter 679A of NRS.

      2.  Chapter 679B of NRS.

      3.  NRS 683A.261.

      4.  NRS 683A.301.

      5.  NRS 683A.311.

      6.  NRS 683A.331.

      7.  NRS 683A.341.

      [7.] 8.  NRS 683A.361.

      [8.] 9.  NRS 683A.400.

      [9.] 10.  NRS 683A.451.

      [10.] 11.  NRS 683A.461.

      [11.] 12.  NRS 683A.480.

      [12.] 13.  NRS 683A.500.

      [13.] 14.  NRS 683A.520.

      [14.] 15.  NRS 686A.010 to 686A.310, inclusive.

      Sec. 28.3.  NRS 616A.050 is hereby amended to read as follows:

      616A.050  “Association of self-insured private employers” means a nonprofit, unincorporated association composed of five or more private employers that has been issued a certificate by the Commissioner and is subject to the provisions of NRS 616B.350 to 616B.446, inclusive [.] , and section 29.5 of this act.

      Sec. 28.7.  NRS 616A.055 is hereby amended to read as follows:

      616A.055  “Association of self-insured public employers” means a nonprofit, unincorporated association composed of five or more public employers that has been issued a certificate by the Commissioner and is subject to the provisions of NRS 616B.350 to 616B.446, inclusive [.] , and section 29.5 of this act.

      Sec. 29.  NRS 616A.330 is hereby amended to read as follows:

      616A.330  “Tangible net worth” means the value of all [of] the assets , minus the value of all the liabilities, of an association of self-insured private employers or of a member of such an association except:

      1.  [Accounts receivable, if they are factored or collateralized.

      2.  An inventory, except one held for resale and not collateralized.

      3.  A prepaid expense.

      4.  An unqualified investment.

      5.  An allocated bond fund.

      6.  An investment in an affiliate.

      7.  A restricted fund.

      8.  A reserve.

      9.  A security cost, such as a capitalized bond cost.

 


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      10.  A cash equivalent, unless it is described in the footnotes for the balance sheet by item, and for investments, by duration and nature. A cash flow statement is not a sufficient description.

      11.  A contingency or commitment, including any estimated cost.

      12.  Any book adjustment caused by a change in an accounting policy or a restatement.

      13.]  Goodwill or excess cost over the fair market value of assets.

      [14.] 2.  Any other items listed in the assets that are deemed unacceptable by the Commissioner because they cannot be justified or because they do not directly support the ability of the association or the member to pay a claim.

      Sec. 29.5.  Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:

      If a member of an association of self-insured public or private employers requests, in writing, information required for his certificate of insurance, the association shall, within 30 days after receiving the request, provide to the member information regarding claims paid and reserves for claims incurred that are maintained on behalf of the member.

      Sec. 29.7.  NRS 616B.300 is hereby amended to read as follows:

      616B.300  1.  An employer may qualify and remain qualified as a self-insured employer by establishing to the satisfaction of the Commissioner that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS. For the purposes of this subsection, an employer has sufficient financial resources if:

      (a) At the time of initial qualification and until the employer has operated successfully as a qualified self-insured employer for 3 years, as determined by the Commissioner, the employer has a tangible net worth of not less than $2,500,000, as evidenced by a statement of tangible net worth provided to the Division of Insurance of the Department of Business and Industry by an independent certified public accountant; or

      (b) After 3 years of successful operation as a qualified self-insured employer, as determined by the Commissioner, the employer has net cash flows from operating activities plus net cash flows from financing activities of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less.

      2.  A self-insured employer must, in addition to establishing financial ability to pay, deposit with the Commissioner a bond executed by the employer as principal, and by a corporation qualified under the laws of this State as surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to employees. The bond must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employer’s expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective experience of the employer with losses and expenses within this State, to the hazard of catastrophic loss, to other contingencies, and to trends within the State. In arriving at the amount of the deposit required, the Commissioner may consider the nature of the employer’s business, the financial ability of the employer to pay compensation and his probable continuity of operation.

 


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      3.  In lieu of a bond the employer may deposit with the Commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Commissioner.

      4.  The required deposit may be increased or decreased by the Commissioner in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the Commissioner requires an employer to increase his deposit, the Commissioner may specify the form of the additional security. The employer shall comply with such a requirement within 60 days after receiving notice from the Commissioner.

      5.  The Commissioner shall require the self-insured employer to submit evidence of excess insurance to provide protection against a catastrophic loss. The excess insurance must be written by an insurer authorized to do business in this State. The Commissioner shall consider the excess insurance coverage as a basis for a reduction in the deposit required of an employer.

      6.  The Account for Self-Insured Employers is hereby created in the State Agency Fund for Bonds. All money received by the Commissioner pursuant to this section must be deposited with the State Treasurer to the credit of the Account for Self-Insured Employers. All claims against this Account must be paid as other claims against the State are paid.

      Sec. 29.8.  NRS 616B.353 is hereby amended to read as follows:

      616B.353  1.  An association of self-insured public or private employers shall:

      (a) Execute an indemnity agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due pursuant to chapters 616A to 617, inclusive, of NRS. The indemnity agreement must be in a form prescribed by the Commissioner. An association may add provisions to the indemnity agreement if they are first approved by the Commissioner.

      (b) Except as otherwise provided in this subsection, maintain a policy of specific and aggregate excess insurance in a form and amount required by the Commissioner. The excess insurance must be written by an insurer approved by the Commissioner. To determine the amount of excess insurance required, the Commissioner shall consider:

             (1) The number of members in the association;

             (2) If the association is an association of self-insured public employers, the types of governmental services provided by the members of the association;

             (3) If the association is an association of self-insured private employers, the classifications of employment of the members of the association;

             (4) The number of years the association has been in existence; and

             (5) Such other information as the Commissioner deems necessary.

Ê Nothing in this paragraph prohibits an association from purchasing secondary excess insurance in addition to the excess insurance required by this paragraph.

      (c) Collect an annual assessment from each member of the association in an aggregate amount of at least $250,000 or in an aggregate amount which the Commissioner determines is satisfactory based on an annual review conducted by him of the actuarial solvency of the association.

 


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      (d) Except as otherwise provided in paragraph (e), deposit as security with the Commissioner a bond executed by the association as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to their employees. The bond must be in an amount determined by the Commissioner to be reasonably sufficient to ensure payment of such compensation, but in no event may it be less than $100,000.

      (e) In lieu of a bond, deposit with the Commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Commissioner.

      2.  Except as otherwise provided in subsection 3, in addition to complying with the requirements of subsection 1, an association of self-insured private employers shall : [maintain a]

      (a) At the time of initial qualification and until the association has operated successfully as a qualified association of self-insured private employers for 3 years, as determined by the Commissioner, have a combined tangible net worth of all members in the association of at least $2,500,000 [.] , as evidenced by a statement of tangible net worth provided to the Division of Insurance of the Department of Business and Industry by an independent certified public accountant; or

      (b) After 3 years of successful operation as a qualified association of self-insured private employers, as determined by the Commissioner, have combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less.

      3.  In lieu of complying with the requirements of subsection 2, the association’s administrator shall ensure that a solvency bond, in a form prescribed by the Commissioner and in an aggregate amount of at least $2,500,000, is deposited with the Commissioner by the association or members of the association on behalf of the association.

      4.  The association’s administrator shall deposit with the Commissioner a bond executed by the association’s administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of his duties. The bond must be in an amount determined by the Commissioner.

      5.  Any third-party administrator providing claims services for the association shall deposit with the Commissioner a bond executed by the third-party administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of its duties. The bond must be in an amount determined by the Commissioner.

      6.  The Commissioner may increase or decrease the amount of any bond or money required to be deposited by this section in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the Commissioner requires an association, association’s administrator or third-party administrator to increase its deposit, the Commissioner may specify the form of the additional security. The association, association’s administrator or third-party administrator shall comply with such a requirement within 60 days after receiving notice from the Commissioner.

 


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      7.  The Account for Associations of Self-Insured Public and Private Employers is hereby created in the State Agency Fund for Bonds. All money received by the Commissioner pursuant to this section must be deposited with the State Treasurer to the credit of the Account. All claims against this Account must be paid as other claims against the State are paid.

      Sec. 30.  NRS 616B.386 is hereby amended to read as follows:

      616B.386  1.  If an employer wishes to become a member of an association of self-insured public or private employers, the employer must:

      (a) Submit an application for membership to the board of trustees or third-party administrator of the association; and

      (b) Enter into an indemnity agreement as required by NRS 616B.353.

      2.  The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.

      3.  Each member who is a member of an association during the 12 months immediately following the formation of the association must:

      (a) Have a tangible net worth of at least $500,000; or

      (b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium of at least $15,000, calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765.

      4.  An employer who seeks to become a member of the association after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the Commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.

      5.  An association of self-insured private employers may apply to the Commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The Commissioner shall approve the application if the association:

      (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the Commissioner;

      (b) Has [a] , as determined by the Commissioner, either:

             (1) A combined tangible net worth of all members in the association of at least $5,000,000; or

             (2) Combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less;

      (c) Has at least 15 members; and

      (d) Has not been required to meet informally with the Commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the Commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.

      6.  An association of self-insured private employers may apply to the Commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association.

 


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solvency that an employer must provide to become a member of the association. The Commissioner shall approve the application if the association:

      (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the Commissioner;

      (b) Has [a] , as determined by the Commissioner, either:

             (1) A combined tangible net worth of all members in the association of at least $5,000,000; or

             (2) Combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less; and

      (c) Has at least 15 members.

      7.  The Commissioner may withdraw his approval of an application submitted pursuant to subsection 5 or 6 if he determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.

      8.  A member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The notice of intent to withdraw must include a statement indicating that the member has:

      (a) Been certified as a self-insured employer pursuant to NRS 616B.312;

      (b) Become a member of another association of self-insured public or private employers; or

      (c) Become insured by a private carrier.

      9.  The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.

      10.  The association shall:

      (a) Within 30 days after the addition of an employer to the membership of the association, notify the Commissioner of the addition and:

             (1) If the association has not received authority from the Commissioner pursuant to subsection 5 or 6, as applicable, provide to the Commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or

             (2) If the association has received authority from the Commissioner pursuant to subsection 5 or 6, as applicable, provide to the Commissioner evidence that is satisfactory to the Commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the Commissioner may reasonably require to determine whether the amount of security deposited with the Commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the Commissioner pursuant to subparagraph (1);

 

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