Link to Page 1012

 

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

κ2001 Statutes of Nevada, Page 1013 (Chapter 227, AB 622)κ

 

    Sec. 19.  Section 2 of this act is hereby amended to read as follows:

    Sec. 2.  1.  It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which might indicate to members of the public that he is entitled to conduct such a business without first obtaining a license from the board.

    2.  Each applicant for a license as a court reporting firm shall file an application with the executive secretary or chairman of the board on a form prescribed by the board.

    3.  The application must:

    (a) Include the [social security number and] federal identification number of the applicant; and

    (b) [Be accompanied by the statement required pursuant to NRS 656.155; and

    (c)] Be accompanied by the required fee.

    4.  To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.

    Sec. 20.  Section 3 of this act is hereby amended to read as follows:

    Sec. 3.  1.  A license as a court reporting firm expires on June 30 of each year and may be renewed if, before that date, the licensee submits to the board:

    (a) An application for renewal on a form prescribed by the board; and

    (b) [The statement required pursuant to NRS 656.155; and

    (c)] The required fee for renewal.

    2.  A license that expires pursuant to the provisions of this section may be reinstated if the applicant:

    (a) Complies with the provisions of subsection 1; and

    (b) Submits to the board the required fee for reinstatement.

    Sec. 21.  Notwithstanding the provisions of section 2 of this act, a person who conducts business as a court reporting firm or advertises or puts out any sign or card or other device which might indicate to members of the public that he is entitled to conduct such a business is not required to be licensed pursuant to the provisions of this act before October 1, 2001.

    Sec. 22.  The amendatory provisions of this act do not apply to offenses that were committed before July 1, 2001.

    Sec. 23.  1.  This section and sections 1 to 18, inclusive, 21 and 22 of this act become effective on July 1, 2001.

    2.  Sections 19 and 20 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

are repealed by the Congress of the United States.

________

 


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

κ2001 Statutes of Nevada, Page 1014κ

 

CHAPTER 228, AB 628

Assembly Bill No. 628–Committee on Commerce and Labor

 

CHAPTER 228

 

AN ACT relating to industrial insurance; revising the circumstances under which certain police officers and firemen are entitled to receive compensation for exposure to tuberculosis; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616A.035 is hereby amended to read as follows:

    616A.035  1.  “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

    2.  The term includes:

    (a) Medical benefits as defined by NRS 617.130;

    (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment; and

    (c) Preventive treatment administered as a precaution to a police officer or a salaried or volunteer fireman who [was] :

      (1) Was exposed to a contagious disease:

      [(1)] (I) Upon battery by an offender; or

      [(2)] (II) While performing the duties of a police officer or fireman,

if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of NRS 616C.052 [.] ; or

      (2) Tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052.

    3.  The term does not include:

    (a) Exercise equipment, a hot tub or a spa for an employee’s home;

    (b) Membership in an athletic or health club;

    (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

    (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

    4.  As used in this section : [, the term:]

    (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    (b) “Preventive treatment” includes, without limitation [, tests] :

      (1) Tests to determine if an employee has contracted [the] a contagious disease to which he was exposed [.] ; and

      (2) If an employee tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest X-rays as are recommended by the Centers for Disease Control and Prevention of the Department of Health and Human Services.


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

κ2001 Statutes of Nevada, Page 1015 (Chapter 228, AB 628)κ

 

    Sec. 2.  NRS 616A.265 is hereby amended to read as follows:

    616A.265  1.  “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

    2.  For the purposes of chapters 616A to 616D, inclusive, of NRS:

    (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.

    (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

    (c) [The] Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer fireman who was exposed to the contagious disease:

      (1) Upon battery by an offender; or

      (2) While performing the duties of a police officer or fireman,

shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    (d) If a police officer or a salaried or volunteer fireman tests positive for exposure to tuberculosis under the circumstances described in subsection 2 or 3 of NRS 616C.052, he shall be deemed to have sustained an injury by accident arising out of and in the course of his employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or fireman.

    Sec. 3.  NRS 616C.052 is hereby amended to read as follows:

    616C.052  1.  If a police officer or a salaried or volunteer fireman is exposed to a contagious disease:

    (a) Upon battery by an offender; or

    (b) While performing the duties of a police officer or fireman,

the employer of the police officer or fireman shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer or fireman, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.

    2.  Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer or a salaried or volunteer fireman after the commencement of his employment reveal that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.


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

κ2001 Statutes of Nevada, Page 1016 (Chapter 228, AB 628)κ

 

tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

    3.  If the employment of a police officer or a salaried or volunteer fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall [, at] :

    (a) At the time of termination and at 3 months after the date of termination, provide to the police officer or fireman a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer or fireman previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 6161A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

    (b) At the time of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C [, tuberculosis] and human immunodeficiency virus. If a blood test administered pursuant to this [subsection] paragraph and provided to the employer reveals that [a former] the police officer or [a former salaried or volunteer] fireman has [a] any other contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease . [pursuant to chapters 616A to 617, inclusive, of NRS.]

    4.  The former employer of a police officer or a salaried or volunteer fireman shall pay all the costs associated with providing skin and blood tests required pursuant to [this subsection.

    3.] subsection 3.

    5.  As used in this section, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    Sec. 4.  NRS 616C.160 is hereby amended to read as follows:

    616C.160  If, after a claim for compensation is filed pursuant to NRS 616C.020:

    1.  The injured employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and

    2.  The employee’s medical records for the injury reported do not include a reference to the injury or disease for which treatment is being sought, or there is no documentation indicating that there was possible exposure to an injury described in paragraph (b) , [or] (c) or (d) of subsection 2 of NRS 616A.265,

the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury or disease for which treatment is being sought and the original accident.


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

κ2001 Statutes of Nevada, Page 1017 (Chapter 228, AB 628)κ

 

    Sec. 5.  NRS 617.454 is hereby amended to read as follows:

    617.454  1.  Any physical examination administered pursuant to NRS 617.455 or 617.457 must include [a] :

    (a) A thorough test of the functioning of the hearing of the employee [. The test] ; and

    (b) A purified protein derivative skin test to screen for exposure to tuberculosis.

    2.  The tests required by this section must be paid for by the employer.

    Sec. 6.  The provisions of this act do not apply to an employee who, before July 1, 2001, is receiving compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 7.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 229, AB 636

Assembly Bill No. 636–Committee on Health and Human Services

 

CHAPTER 229

 

AN ACT relating to mental health; authorizing certain persons to transport an allegedly mentally ill person to a mental health facility at the request of the proper authority; authorizing a physician’s assistant or an advanced practitioner of nursing to conduct the medical examination required for the emergency admission of an allegedly mentally ill person to a mental health facility; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 433A.160 is hereby amended to read as follows:

    433A.160  1.  Application for an emergency admission of an allegedly mentally ill person for evaluation and observation may only be made by an accredited agent of the department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, marriage and family therapist, social worker or registered nurse. The agent, officer, physician, psychologist, marriage and family therapist, social worker or registered nurse may take an allegedly mentally ill person into custody without a warrant to apply for emergency admission for evaluation, observation and treatment under NRS 433A.150 and may [transport] :

    (a) Transport the person ; or [arrange the transportation for him with a]

    (b) Arrange for the person to be transported by:

         (1) A local law enforcement agency ;

         (2) A system for the nonemergency medical transportation of persons whose operation is authorized by the transportation services authority; or

         (3) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

to a public or private mental health facility for that purpose.

    2.  The application must reveal the circumstances under which the person was taken into custody and the reasons therefor.

    3.  [For the purposes of] As used in subsection 1, “an accredited agent of the department” means any person appointed or designated by the director of the department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.


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

κ2001 Statutes of Nevada, Page 1018 (Chapter 229, AB 636)κ

 

pursuant to subsections 1 and 2 those persons in need of emergency admission.

    4.  Any person who has reason to believe that another person is mentally ill may apply to the district attorney of the county where the allegedly mentally ill person is found, and the district attorney may, if satisfied that as a result of mental illness the person is likely to harm himself or others:

    (a) Issue an order to any peace officer for the immediate apprehension of the person and his transportation to a public or private mental health facility; and

    (b) [Make application] Apply for the admission of the person under the emergency admission provisions of NRS 433A.150.

    5.  Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.

    Sec. 2.  NRS 433A.165 is hereby amended to read as follows:

    433A.165  1.  Before an allegedly mentally ill person may be transported to a public or private mental health facility pursuant to NRS 433A.160, he must:

    (a) First be examined by a licensed physician or physician’s assistant or an advanced practitioner of nursing to determine whether the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and

    (b) If such treatment is required, be admitted to a hospital for the appropriate medical care.

    2.  The cost of the examination must be paid by the county in which the allegedly mentally ill person resides if services are provided at a county hospital located in that county or a hospital designated by that county, unless the cost is voluntarily paid by the allegedly mentally ill person or on his behalf, by his insurer or by a state or federal program of medical assistance.

    3.  The county may recover all or any part of the expenses paid by it, in a civil action against:

    (a) The person whose expenses were paid;

    (b) The estate of that person; or

    (c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.

    4.  The cost of treatment, including hospitalization, for an indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally ill person resides.

    Sec. 3.  NRS 433A.330 is hereby amended to read as follows:

    433A.330  1.  When any involuntary court admission is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, [shall] must be delivered to the sheriff of the county who shall [convey] :

    (a) Transport the person ; or

    (b) Arrange for the person to be transported by:


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

κ2001 Statutes of Nevada, Page 1019 (Chapter 229, AB 636)κ

 

         (1) A system for the nonemergency medical transportation of persons whose operation is authorized by the transportation services authority; or

         (2) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

to the appropriate public or private mental health facility.

    2.  No mentally ill person may be [conveyed] transported to the mental health facility without at least one attendant of the same sex or a relative in the first degree of consanguinity or affinity being in attendance.

________

 

CHAPTER 230, SB 112

Senate Bill No. 112–Committee on Human Resources and Facilities

 

CHAPTER 230

 

AN ACT relating to indigent persons; revising certain provisions concerning the amelioration of the causes of poverty within this state to conform to changes in the Community Services Block Grant Act; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 428.355 is hereby amended to read as follows:

    428.355  As used in NRS 428.355 to 428.395, inclusive [:

    1.  “Authorized agency” means a nonprofit organization or political subdivision known as a delegate agency having a formal agreement with an eligible entity to perform services under a grant pursuant to] , unless the context otherwise requires:

    1.  “Community Services Block Grant Act” means the federal act set forth in 42 U.S.C. §§ 9901 et seq.

    2.  “Director” means the director of the department of human resources.

    3.  “Eligible entity” [means an agency, organization or governmental entity which is eligible under] has the meaning ascribed to it in 42 U.S.C. [§§ 9901 et seq. to receive grants.] § 9902.

    Sec. 2.  NRS 428.365 is hereby amended to read as follows:

    428.365  1.  The director shall administer any federal allotment received by this state pursuant to the Community Services Block Grant Act [(42 U.S.C. §§ 9901 et seq.)] for the amelioration of the causes of poverty within this state.

    2.  [The director shall, on or before June 1 of each year, file with the interim finance committee a report of the allocation of that money by the department of human resources during the previous federal fiscal year and a report on the progress of the program for the current federal fiscal year.

    3.]  The director shall not spend more than 5 percent of [the] each federal allotment, or $55,000, whichever is greater, for the administrative expenses of the department of human resources relating to the allotment. He shall [allocate] grant not less than 90 percent of the allotment to eligible entities for the purposes specified in [42 U.S.C. § 9904(c)(1).] the Community Services Block Grant Act. He may spend the remainder of the allotment in any manner not inconsistent with the terms of the federal grant.


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

κ2001 Statutes of Nevada, Page 1020 (Chapter 230, SB 112)κ

 

    [4.  Money distributed to an authorized agency by an eligible entity and not expended before the end of the year of the grant may be redistributed by the eligible entity with the approval of the director.]

    3.  Money granted to an eligible entity and not [expended] obligated for expenditure before the end of the year of the grant [must be returned to the director, who may:

    (a) Grant the money to an eligible entity;

    (b) Distribute the money to an authorized agency through an eligible entity; or

    (c) Retain the money for distribution during the next federal fiscal year.] may be recaptured and redistributed by the director to the extent and in the manner set forth in 42 U.S.C. § 9907.

    Sec. 3.  NRS 428.375 is hereby amended to read as follows:

    428.375  1.  The director, after consulting with eligible entities, shall develop a plan for the statewide use and distribution of the money to be provided through the Community Services Block Grant Act as set forth in 42 U.S.C. § 9908.

    2.  The director shall hold at least one public hearing to receive public comment on each proposed plan for the statewide use and distribution of the money to be provided through the Community Services Block Grant Act.

    3.  The interim finance committee shall [, before June 1 of each year,] hold a public hearing to receive [the public’s comments on a plan for the proposed use and distribution of the federal allotment anticipated for the next federal fiscal year. The plan must provide for:

    (a) The intended use and distribution of the federal allotment for the next federal fiscal year and any unexpended money from the current federal fiscal year; and

    (b) Procedures for the review by the director and eligible entities of applications and plans for work submitted by authorized agencies.

    2.  The procedures established pursuant to paragraph (b) of subsection 1 must provide an authorized agency with the opportunity to make a presentation regarding its proposal to the appropriate eligible entity making recommendations to the director on the distribution of the federal allotment.

    3.] public comment on each proposed plan for the statewide use and distribution of the money to be provided through the Community Services Block Grant Act.

    4.  After reviewing the comments made at the public [hearing] hearings held pursuant to [subsection 1,] subsections 2 and 3, the director shall prepare the final plan for the statewide use and distribution of the [anticipated allotment] money to be provided through the Community Services Block Grant Act and file a copy of the plan with the interim finance committee.

    [4.] 5.  The proposed distribution of the portion of [the] each allotment set aside for eligible entities must allocate, as nearly as practicable:

    (a) A base amount for each [:

         (1) Community] community action agency which was authorized pursuant to 42 U.S.C. § 2790 [; and

         (2) Limited purpose agency which was authorized pursuant to 42 U.S.C. § 2808,for the federal fiscal year 1981 and which has been recertified for the next] before that section was repealed and which received money from the allotment for the previous federal fiscal year;


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

κ2001 Statutes of Nevada, Page 1021 (Chapter 230, SB 112)κ

 

for the federal fiscal year 1981 and which has been recertified for the next] before that section was repealed and which received money from the allotment for the previous federal fiscal year;

    (b) A uniform base amount for each of the other eligible entities in the state; and

    (c) The remainder among all eligible entities based on the comparative number of persons in the respective counties whose income is at or below the federally designated level signifying poverty.

    [5.] 6.  To apply for a grant, an eligible entity must submit an application to the director in the manner established by the director. The application must include a detailed description of the proposed use of the grant.

    [6.] 7.  The director shall provide for assistance and instruction for all potential applicants, including eligible entities, in the preparation of applications and the requirements related to the use of the grants.

    Sec. 4.  NRS 428.385 is hereby amended to read as follows:

    428.385  1.  The director shall establish a procedure for the review of applications by eligible entities and criteria for their approval or denial.

    2.  [In determining which applications for money by authorized agencies to approve, an ] An eligible entity may distribute money provided through the Community Services Block Grant Act to another entity to support the program of that entity for the amelioration of the causes of poverty within this state. In distributing such money, the eligible entity shall consider [whether the proposed] :

    (a) Whether the program:

    [(a)] (1) Is compatible with any local plan to ameliorate the causes of poverty in that community;

    [(b)] (2) Is compatible with any long-range plan by the state to ameliorate the causes of poverty within the state;

    [(c)] (3) Meets the federal criteria for eligibility; and

    [(d)] (4) May assist participants who have low incomes to achieve self-sufficiency; and

    [(e)] (b) Any other factors determined by the eligible entity to be in the best interest of persons who have low incomes in its area of service and which are compatible with the purposes and requirements of the Community Services Block Grant Act.  [(42 U.S.C. §§ 9901 et seq.).]

    3.  The director shall establish procedures to:

    (a) Respond to individual inquiries and complaints regarding the distribution of the federal allotment; and

    (b) Resolve conflicts regarding the approval of applications and the operation of approved programs.

    Sec. 5.  This act becomes effective on July 1, 2001.

________

 


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

κ2001 Statutes of Nevada, Page 1022κ

 

CHAPTER 231, SB 115

Senate Bill No. 115–Committee on Human Resources and Facilities

 

CHAPTER 231

 

AN ACT relating to pupils; revising provisions governing the suspension and expulsion of pupils for possession of a dangerous weapon; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 392.466 is hereby amended to read as follows:

    392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school [,] or who sells or distributes any controlled substance [or is found in possession of a dangerous weapon,] while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must:

    (a) Be permanently expelled from that school; and

    (b) Receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.

    2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must:

    (a) Be permanently expelled from the school; and

    (b) Receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.

The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.

    3.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.

    4.  This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

    5.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.


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

κ2001 Statutes of Nevada, Page 1023 (Chapter 231, SB 115)κ

 

suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

    6.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

    (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

    (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

    7.  As used in this section:

    (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

    (b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

    (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 232, SB 223

Senate Bill No. 223–Senator Washington

 

CHAPTER 232

 

AN ACT relating to education; revising provisions governing exemptions for certain institutions from the Private Elementary and Secondary Education Authorization Act; requiring an exempt institution to provide notice of the exemption to the parents or guardian of a child before the child enrolls in the institution; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 394.211 is hereby amended to read as follows:

    394.211  1.  The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:

    (a) Institutions exclusively offering instruction at any level of postsecondary education.


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

κ2001 Statutes of Nevada, Page 1024 (Chapter 232, SB 223)κ

 

    (b) Institutions maintained by the state or any of its political subdivisions and supported by public funds.

    (c) Institutions exclusively offering religious or sectarian studies.

    (d) Elementary and secondary educational institutions operated by churches, religious organizations and faith-based ministries.

    (e) Institutions licensed by the commission.

    [(e)] (f) Institutions operated by or under the direct administrative supervision of the Federal Government.

    [(f)] (g) Natural persons who instruct pupils in their homes or in the pupils’ own homes, if this is not the only instruction those pupils receive.

    [(g)] (h) Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, if the instruction is not operated for profit.

    [(h)] (i) Institutions offering instruction solely in avocational and recreational areas.

    [(i)] (j) Institutions or school systems in operation before July 1, 1975, as to courses of study approved by the board pursuant to NRS 394.130 , [;] but those institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after that date. The official literature of an institution or school system describing the nature and purpose of the institution or school system as of June 30, 1975, is prima facie evidence of the nature and purpose on that date for the purposes of this chapter.

    2.  Each person or educational institution claiming an exemption pursuant to the provisions of subsection 1 must file with the board the exemption upon forms provided by the department or in a letter containing the required information and signed by the person claiming the exemption or the person in charge of the educational institution claiming the exemption. The exemption expires 2 years after the last day of the calendar month in which the filing is made. The filing of a renewal of the exemption must be made not less than 60 days before the exemption expires.

    3.  Before a child enrolls in an institution that is exempt pursuant to this section, the institution shall provide written notice to the parents or legal guardian of the child that the institution is exempt from the Private Elementary and Secondary Education Authorization Act.

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

________

 


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

κ2001 Statutes of Nevada, Page 1025κ

 

CHAPTER 233, SB 237

Senate Bill No. 237–Senators Wiener, Rawson, Amodei, Mathews, Schneider and Townsend

 

CHAPTER 233

 

AN ACT relating to education; removing the commission on postsecondary education from the department of education; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 385.010 is hereby amended to read as follows:

    385.010  1.  A department of education is hereby created.

    2.  The department consists of the state board of education, the state board for occupational education [,] and the superintendent of public instruction . [and the commission on postsecondary education.]

    3.  The superintendent of public instruction is the executive head of the department.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 234, SB 252

Senate Bill No. 252–Committee on Commerce and Labor

 

CHAPTER 234

 

AN ACT relating to insurance; revising the Nevada Life and Health Insurance Guaranty Association Act to incorporate changes made in the model act; prohibiting certain acts; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 681A.230 is hereby amended to read as follows:

    681A.230  1.  Credit must be allowed as an asset or as a deduction from liability to any ceding insurer for reinsurance lawfully ceded to an assuming insurer qualified therefor pursuant to NRS 681A.110, 681A.150, 681A.160, 681A.170, 681A.180 or 681A.190, but no such credit may be allowed unless the contract for reinsurance provides in substance that, in the event of the insolvency of the ceding insurer, the reinsurance is payable pursuant to a contract reinsured by the assuming insurer on the basis of reported claims allowed in any liquidation proceedings, subject to court approval, without diminution because of the insolvency of the ceding insurer. [Such] Except as otherwise provided in section 14 of this act, those payments must be made directly to the ceding insurer or to its domiciliary liquidator unless:

    (a) The contract of reinsurance or other written contract specifically designates another payee of the payments in the event of the insolvency of the ceding insurer; or

    (b) The assuming insurer, with the consent of the persons directly insured, has assumed the obligations from the policies issued by the ceding insurer as direct obligations of the assuming insurer, and in substitution for the obligations of the ceding insurer, to the payees under those policies.


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

κ2001 Statutes of Nevada, Page 1026 (Chapter 234, SB 252)κ

 

direct obligations of the assuming insurer, and in substitution for the obligations of the ceding insurer, to the payees under those policies.

    2.  The domiciliary liquidator of an insolvent ceding insurer shall give written notice to the assuming insurer of the pendency of any claim against the ceding insurer on any contract reinsured within a reasonable time after such a claim is filed in the liquidation proceeding. During the pendency of the claim, the assuming insurer may investigate the claim and, at its own expense, interpose in the proceeding in which the claim is to be adjudicated any defense that the assuming insurer deems available to the ceding insurer or its liquidator.

    Sec. 2.  Chapter 686C of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5 to 20, inclusive, of this act.

    Sec. 2.5.  “Annuity” includes an agreement for allocated funding, a structured settlement annuity and an immediate or deferred annuity.

    Sec. 3.  “Authorized assessment” or “authorized” as used in the context of assessments means or describes an assessment authorized by a resolution of the board of directors of the association to be imposed immediately or later on member insurers in a specified amount.

    Sec. 4.  “Benefit plan” means a benefit plan for a specific employee, union or association of natural persons.

    Sec. 5.  “Called assessment” or “called” as used in the context of assessments means or describes an authorized assessment required by a notice mailed by the association to member insurers to be paid within the time set forth in the notice.

    Sec. 6.  “Extra-contractual claim” includes a claim relating to bad faith in the payment of claims and a claim for punitive or exemplary damages or for costs and attorney’s fees.

    Sec. 7.  “Owner” of a policy or contract means the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the issuer.

    Sec. 8.  “Person” includes a government, governmental agency or political subdivision of a government.

    Sec. 9.  1.  “Principal place of business” of an organization means the single state in which the natural persons who establish policy for the direction, control and coordination of the operations of the organization as a whole primarily perform that function, determined by the association in its reasonable judgment by considering:

    (a) The state in which the primary executive and administrative headquarters of the organization is located;

    (b) The state in which the principal office of the chief executive officer of the organization is located;

    (c) The state in which the board of directors, or similar governing authority, of the organization conducts the majority of its meetings;

    (d) The state in which the executive or managerial committee of the board of directors, or similar governing authority, of the organization conducts the majority of its meetings; and

    (e) The state from which the management of the overall operations of the organization is directed.

    2.  “Principal place of business” of the sponsor of a benefit plan means the principal place of business of the association, committee, joint board of trustees or similar group of representatives of the parties who establish or maintain the plan or, if that cannot be ascertained, of the employer or the employee organization that has the largest investment in the plan, except that in either case if more than half of the participants of the plan are employed in one state, it means that state.


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

κ2001 Statutes of Nevada, Page 1027 (Chapter 234, SB 252)κ

 

trustees or similar group of representatives of the parties who establish or maintain the plan or, if that cannot be ascertained, of the employer or the employee organization that has the largest investment in the plan, except that in either case if more than half of the participants of the plan are employed in one state, it means that state. In the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, it means the state in which the holding company or controlling affiliate has its principal place of business as determined by using the factors set forth in subsection 1.

    Sec. 10.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

    Sec. 11.  “Structured settlement annuity” means an annuity purchased to fund periodic payments to a plaintiff or other claimant in payment for or with respect to personal injury suffered by him.

    Sec. 12.  Premiums due for coverage after entry of an order of liquidation of an insolvent insurer belong to and are payable at the direction of the association, and the association is liable for unearned premiums due to owners of policies or contracts arising after the entry of such an order.

    Sec. 13.  A deposit in this state, held pursuant to law or required by the commissioner for the benefit of creditors, including owners of policies, not turned over to the domiciliary receiver upon the entry of a final order of liquidation or order approving a plan of rehabilitation of an insurer domiciled in this state or a reciprocal state pursuant to NRS 696B.290 or 696B.300 must be promptly paid to the association. The association is entitled to retain a portion of an amount so paid to it that is equal to the percentage determined by dividing the aggregate amount of policy owners’ claims related to that insolvency for which the association has provided statutory benefits by the aggregate amount of all policy owners’ claims in this state related to that insolvency, and shall remit the remainder to the domiciliary receiver. The amount so remitted is a distribution of the assets of the insurer for the purposes of chapter 696B of NRS.

    Sec. 14.  1.  As used in this section, “coverage date” means the date on which the association becomes liable for the obligations of a member insurer.

    2.  At any time after the coverage date, the association may elect to succeed to the rights and obligations of the member insurer which accrue on or after the coverage date and relate to contracts covered, in whole or in part, by the association under any one or more agreements for indemnity reinsurance entered into by the member insurer as ceding insurer and selected by the association. However, the association may not exercise its right of election with respect to an agreement for reinsurance if the receiver, rehabilitator or liquidator of the member insurer has previously expressly disaffirmed the agreement. The election must be effected by a notice to the receiver, rehabilitator or liquidator and the affected reinsurers. If the association makes such an election:

    (a) The association is responsible for all unpaid premiums due under each agreement for periods both before and after the coverage date, and for the performance of all other obligations to be performed after the coverage date, in each case which relates to a contract covered in whole or in part by the association. The association may charge a contract covered in part by it, through reasonable methods of allocation, for the costs of reinsurance in excess of the obligations of the association.


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

κ2001 Statutes of Nevada, Page 1028 (Chapter 234, SB 252)κ

 

in part by it, through reasonable methods of allocation, for the costs of reinsurance in excess of the obligations of the association.

    (b) The association is entitled to any amount payable by the reinsurer under each agreement with respect to losses or events that occur in periods after the coverage date and relate to contracts covered in whole or in part by the association, but upon receipt of any such amount, the association is obligated to pay, to the beneficiary under the contract on account of which the amount was paid, that portion of the amount received by the association that exceeds the benefits paid by the association on account of the contract less the retention by the impaired or insolvent member insurer applicable to the loss or event.

    (c) The association and each reinsurer shall, within 30 days after the election, calculate the net balance due to or from the association under each agreement as of the date of the election, giving full credit for all items paid by the member insurer or its receiver, rehabilitator or liquidator, or the reinsurer, between the coverage date and the date of the election. The association or the reinsurer shall pay the net balance within 5 days after the completion of the calculation. If a receiver, rehabilitator or liquidator has received any amount due the association pursuant to paragraph (b), the recipient shall remit the amount to the association as promptly as practicable.

    (d) The reinsurer may not terminate an agreement for reinsurance insofar as it relates to contracts covered by the association in whole or in part, or set off any unpaid premium due for a period before the coverage date against the amount due the association, if the association, within 60 days after the election, pays the premiums due for periods both before and after the coverage date which relate to such contracts.

    3.  If the association transfers its obligation to another insurer, and the association and the other insurer so agree, the other insurer succeeds to the rights and obligations of the association under subsection 2 effective as of the agreed date, whether or not the association has made the election described in subsection 2, except that:

    (a) An agreement for indemnity reinsurance automatically terminates as to new reinsurance unless the reinsurer and the other insurer agree to the contrary;

    (b) The obligation of the association to the beneficiary under paragraph (b) of subsection 2 ceases on the date of the transfer to the other insurer; and

    (c) This subsection does not apply if the association has previously expressly determined in writing that it will not exercise its right of election under subsection 2.

    4.  The provisions of this section supersede an affected agreement for reinsurance which provides for or requires payment of proceeds of reinsurance, on account of a loss or event that occurs after the coverage date, to the receiver, rehabilitator or liquidator of the insolvent member insurer. The receiver, rehabilitator or liquidator remains entitled to any amounts payable by the reinsurer under the agreement with respect to losses or events that occur before the coverage date, subject to any applicable setoff.

    5.  Except as otherwise expressly provided, this section does not alter or modify the terms or conditions of any agreement of the insolvent insurer for reinsurance, abrogate or limit any right of a reinsurer to rescind an agreement for reinsurance, or give an owner or beneficiary of a policy an independent cause of action against a reinsurer under an agreement for indemnity reinsurance that is not otherwise set forth in the agreement.


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

κ2001 Statutes of Nevada, Page 1029 (Chapter 234, SB 252)κ

 

for reinsurance, abrogate or limit any right of a reinsurer to rescind an agreement for reinsurance, or give an owner or beneficiary of a policy an independent cause of action against a reinsurer under an agreement for indemnity reinsurance that is not otherwise set forth in the agreement.

    Sec. 15.  1.  The board of directors of the association may exercise reasonable business judgment to determine the means by which the association is to provide the benefits of this chapter in an economical and efficient manner.

    2.  Where the association has arranged or offered to provide the benefits of this chapter to a covered person under a plan or arrangement that satisfies the obligations of the association under this chapter, the covered person is not entitled to benefits from the association in addition to or other than those provided under the plan or arrangement.

    Sec. 16.  Venue in an action against the association arising under this chapter lies in Washoe County. No appeal bond may be required of the association in an appeal that relates to a cause of action arising under this chapter.

    Sec. 17.  In carrying out its duties in connection with guaranteeing, assuming or reinsuring a policy or contract under NRS 686C.150 and 686C.152, the association, subject to the approval of the court in the insolvent or impaired insurer’s state which has jurisdiction over the conservation, rehabilitation or liquidation of the insurer, may issue substitute coverage for a policy or contract that provides an interest rate, crediting rate or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value by issuing an alternative policy or contract if:

    1.  In lieu of the index or other external reference stated in the original policy or contract, the alternative policy or contract provides for a fixed interest rate, payment of dividends guaranteed as to minimum amount, or a different method of calculating interest or changes in value;

    2.  There is no requirement for evidence of insurability, waiting period or other exclusion that would not have applied under the replaced policy or contract; and

    3.  The alternative policy or contract is substantially similar to the replaced policy or contract in all other material terms.

    Sec. 18.  1.  A member insurer that wishes to protest all or part of an assessment shall pay the full amount of the assessment when due, as set forth in the notice from the association. The payment may be used to meet obligations of the association during the pendency of the assessment and any subsequent appeal. Payment must be accompanied by a statement in writing that the payment is made under protest and setting forth briefly the grounds for the protest.

    2.  Within 60 days after the payment of an assessment under protest, the association shall notify the member insurer in writing of the determination of the association with respect to the protest, unless the association notifies the member insurer that additional time is required to resolve the issues raised by the protest.

    3.  Within 30 days after a final decision is made, the association shall notify the protesting member insurer in writing of the final decision. Within 60 days after receipt of that notice, the protesting member insurer may appeal the decision to the commissioner.


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

κ2001 Statutes of Nevada, Page 1030 (Chapter 234, SB 252)κ

 

    4.  As an alternative to making a final decision with respect to a protest concerning the basis of assessment, the association may refer the protest to the commissioner for a final decision, with or without a recommendation from the association.

    5.  If a protest or appeal is upheld, the amount paid in error or excess must be returned to the member insurer. Interest must be paid on the refund at the rate actually earned by the association.

    Sec. 19.  The association may request information from member insurers to aid in the exercise of its powers under this chapter, and each member shall promptly comply with such a request.

    Sec. 20.  It is unlawful for an insurer, agent or affiliate of an insurer, or other person to make, publish, circulate or place before the public, or cause any other person to do so, in any publication, notice, circular, letter or poster, or over any radio or television station, any advertisement or statement, written or oral, which uses the existence of the association for the sale, solicitation or inducement to purchase any form of insurance covered by the association. This section does not apply to the association or any other person that does not sell or solicit insurance.

    Sec. 21.  NRS 686C.020 is hereby amended to read as follows:

    686C.020  The purpose of this chapter is to protect , within certain limits, the persons specified in [subsection] subsections 1 and 2 of NRS 686C.030 against failure in the performance of contractual obligations under life and health insurance policies [, annuities and contracts] and contracts, and annuities, specified in subsection [2] 4 of NRS 686C.030 because of the impairment or insolvency of [the] a member insurer issuing such policies or contracts.

    Sec. 22.  NRS 686C.030 is hereby amended to read as follows:

    686C.030  1.  This chapter provides coverage for the policies or contracts described in subsection [2] 4 to persons who are:

    (a) Owners of or certificate holders under such policies or contracts, other than structured settlement annuities, and who:

         (1) Are residents of this state; or

         (2) Are not residents, but only if:

             (I) The [insurers which] insurer that issued the policies or contracts [are] is domiciled in this state;

             (II) [Those insurers did not hold at the time the policies or contracts were issued a license or certificate of authority in the states in which those persons reside;

             (III)] The states in which the [nonresident] persons reside have associations [for protection against impaired or insolvent insurers] similar to the association created by this chapter; and

             [(IV) Those]

             (III) The persons are not eligible for coverage by [those] an association in another state because the insurer was not authorized in the other state at the time specified in that state’s law governing guaranty associations; and

    (b) Beneficiaries, assignees or payees of the persons covered under paragraph (a), wherever they reside, except for nonresident certificate holders under group policies or contracts.

    2.  For structured settlement annuities, except as otherwise provided in subsection 3, this chapter provides coverage to a payee under the annuity, or beneficiary of a payee if the payee is deceased, if the payee or beneficiary:


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

κ2001 Statutes of Nevada, Page 1031 (Chapter 234, SB 252)κ

 

or beneficiary of a payee if the payee is deceased, if the payee or beneficiary:

    (a) Is a resident of this state, regardless of the residence of the owner of the annuity; or

    (b) Is not a resident of this state, but:

         (1) The owner of the annuity is a resident of this state, or the issuer of the annuity is domiciled in this state and the state in which the owner resides has an association similar to the association created by this chapter; and

         (2) Neither the payee or beneficiary nor the owner of the annuity is eligible for coverage by the association of the state in which the payee, beneficiary or owner resides.

    3.  This chapter does not provide coverage for a payee or beneficiary of a structured settlement annuity if the owner of the annuity is a resident of this state and the payee or beneficiary is afforded any coverage by the association of another state. In determining the application of the provisions of this chapter to a situation where a person could be covered by the association of more than one state, this chapter must be construed in conjunction with the laws of other states to result in coverage by only one association.

    4.  This chapter provides coverage to the persons described in [subsection] subsections 1 and 2 for direct, nongroup life, health and supplemental policies or contracts, and annuities, and certificates under direct group policies and contracts, and annuities, [issued by member insurers,] except as limited by this chapter.

    Sec. 23.  NRS 686C.035 is hereby amended to read as follows:

    686C.035  1.  This chapter does not provide coverage for:

    (a) [Any] A portion of a policy or contract not guaranteed by the insurer, or under which the risk is borne by the [holder] owner of the policy or contract.

    (b) [Any] A policy or contract of reinsurance unless assumption certificates have been issued pursuant to that policy or contract.

    (c) [Any] A portion of a policy or contract to the extent that the rate of interest on which it is based [:] , or the interest rate, crediting rate or similar factor determined by the use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value:

         (1) [When averaged] Averaged over the period of 4 years before the date on which the association becomes obligated with respect to the policy or contract, [or averaged for the period since the policy or contract was issued if it was issued less than 4 years before the association became obligated,] exceeds the rate of interest determined by subtracting 2 percentage points from Moody’s Corporate Bond Yield Average averaged for the same period [;] , or for the period between the date of issuance of the policy or contract and the date the association became obligated, whichever period is less; and

         (2) On or after the date on which the association becomes obligated with respect to the policy or contract, exceeds the rate of interest determined by subtracting 3 percentage points from [the most recent] Moody’s Corporate Bond Yield Average [.

    (d) Any] as most recently available.


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

κ2001 Statutes of Nevada, Page 1032 (Chapter 234, SB 252)κ

 

    (d) A portion of a policy or contract issued to a plan or program of an employer, association or other person to provide life, health or annuity benefits to its employees, members or other persons to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association or other person under:

         (1) A multiple employer welfare arrangement [as defined] described in 29 U.S.C. [§ 1002;] § 1144;

         (2) A minimum-premium group insurance plan;

         (3) A stop-loss group insurance plan; or

         (4) A contract for administrative services only.

    (e) [Any] A portion of a policy or contract to the extent that it provides for dividends, credits for experience, voting rights or the payment of any fee or allowance to any person, including the [holder] owner of a policy or contract, for services or administration connected with the policy or contract.

    (f) [Any] A policy or contract issued in this state by a member insurer at a time when the member insurer was not authorized to issue the policy or contract in this state.

    (g) A portion of a policy or contract to the extent that the assessments required by NRS 686C.230 [for] with respect to the policy or contract are preempted by federal law.

    (h) An obligation that does not arise under the express written terms of [a] the policy or contract issued by the insurer [.

(i)] , including:

         (1) Claims based on marketing materials;

         (2) Claims based on side letters or other documents that were issued by the insurer without satisfying applicable requirements for filing or approval of policy forms;

         (3) Misrepresentations of or regarding policy benefits;

         (4) Extra-contractual claims; or

         (5) A claim for penalties or consequential or incidental damages.

    (i) A contractual agreement that establishes the member insurer’s obligation to provide a guarantee based on accounting at book value for participants in a defined-contribution benefit plan by reference to a portfolio of assets owned by the benefit plan or its trustee, which in each case is not an affiliate of the member insurer.

    (j) A portion of a policy or contract to the extent that it provides for interest or other changes in value which are determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the rights of the owner of the policy or contract are subject to forfeiture, determined on the date the member insurer becomes an impaired or insolvent insurer, whichever occurs first. If the interest or changes in value of a policy or contract are credited less frequently than annually, for the purpose of determining the values that have been credited and are not subject to forfeiture, the interest or change in value determined by using procedures stated in the policy or contract must be credited as if the contractual date for crediting interest or changing values was the date of the impairment or insolvency of the insured member, whichever occurs first and is not subject to forfeiture.

    (k) An unallocated annuity contract.


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

κ2001 Statutes of Nevada, Page 1033 (Chapter 234, SB 252)κ

 

    2.  As used in this section, “Moody’s Corporate Bond Yield Average” means the monthly average for corporate bonds published by Moody’s Investors Service, Inc., or any successor average.

    Sec. 24.  NRS 686C.040 is hereby amended to read as follows:

    686C.040  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 686C.045 to 686C.125, inclusive, and sections 2.5 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 25.  NRS 686C.070 is hereby amended to read as follows:

    686C.070  “Contractual obligation” means any obligation under a policy or contract or a certificate under a group policy or contract, or portion thereof, for which coverage is provided under NRS 686C.030 . [, and includes unearned premiums.]

    Sec. 26.  NRS 686C.090 is hereby amended to read as follows:

    686C.090  “Impaired insurer” means an insurer which is not an insolvent insurer and [:

    1.  Is] is placed under an order of rehabilitation or conservation by a court of competent jurisdiction . [; or

    2.  Is determined by the commissioner to be unable or potentially unable to fulfill its contractual obligations.]

    Sec. 27.  NRS 686C.100 is hereby amended to read as follows:

    686C.100  “Member insurer” means [any] an insurer which is licensed or holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided in this chapter and includes [any] an insurer whose license or certificate of authority [to transact such insurance] in this state has been suspended, revoked, not renewed or voluntarily withdrawn. The term does not include:

    1.  A [nonprofit] hospital or medical organization [;] , whether or not for profit;

    2.  A health maintenance organization;

    3.  A fraternal benefit society;

    4.  A mandatory state pooling plan;

    5.  A mutual assessment company or [any entity] other person that operates on the basis of assessments;

    6.  An insurance exchange; [or

    7.  Any other similar entity.]

    7.  An organization that is authorized only to issue charitable gift annuities under NRS 688A.281 to 688A.285, inclusive; or

    8.  An organization similar to any of those listed in subsections 1 to 7, inclusive.

    Sec. 27.5.  NRS 686C.110 is hereby amended to read as follows:

    686C.110  “Premiums” means amounts received in any calendar year on covered policies or contracts less premiums, considerations and deposits returned thereon, and less dividends and credits for experience thereon. The term does not include [any] :

    1.  Any amounts received for policies or contracts or for the portions of policies or contracts for which coverage is not provided under NRS 686C.030 except that the assessable premium is not reduced on account of paragraph (c) of subsection 1 of NRS 686C.035 relating to limitations on interest and subsection 2 or paragraph (b) of subsection 1 of NRS 686C.210 relating to limitations with respect to any one life.

    2.  Premiums for an unallocated annuity contract.


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

κ2001 Statutes of Nevada, Page 1034 (Chapter 234, SB 252)κ

 

    3.  Premiums that exceed $5,000,000 for several nongroup policies of life insurance owned by one owner, regardless of:

    (a) Whether the owner is a natural person, firm, corporation or other person;

    (b) Whether any person insured under the policies is an officer, manager, employee or other person; or

    (c) The number of policies or contracts held by the owner.

    Sec. 28.  NRS 686C.120 is hereby amended to read as follows:

    686C.120  “Resident” means any person to whom a contractual obligation is owed and who resides in this state [at the time] on the date of entry of a court order that determines a member insurer [is determined] to be impaired or insolvent [and to whom contractual obligations are owed.] , whichever determination is first made. A person may be a resident of but one state, which in the case of a person other than a natural person is its principal place of business. A citizen of the United States who is a resident of a foreign country or of a territory or insular possession subject to the jurisdiction of the United States which does not have an association similar to the association created by this chapter shall be deemed to be a resident of the state of domicile of the insurer that issued the policy or contract.

    Sec. 29.  NRS 686C.125 is hereby amended to read as follows:

    686C.125  “Supplemental contract” means [an] a written agreement for the distribution of proceeds from a [contract or policy.] life or health insurance policy or an annuity.

    Sec. 30.  NRS 686C.128 is hereby amended to read as follows:

    686C.128  1.  The association shall prepare, and submit to the commissioner for approval, a summary document describing the general purposes [, exclusions] and current limitations of this chapter. [No insurer may] After the expiration of 60 days after the approval of the summary document by the commissioner, an insurer may not deliver a policy or contract [described in NRS 686C.030 to an intended holder] to the owner of the policy or contract unless the summary document is delivered to the [intended holder before or] owner at the time of delivery of the policy or contract. The document must also be available upon request by [a policyholder.] the owner of a policy. The distribution, delivery, contents or interpretation of this document [do not mean] does not guarantee that the policy or the contract or [the holder thereof would be] its owner is covered in the event of the impairment or insolvency of a member insurer. The descriptive document must be revised by the association as amendments to this chapter may require. Failure to receive this document does not give the [holder] owner of a policy or contract, or an insured, any greater rights than those stated in this chapter.

    2.  The document prepared pursuant to subsection 1 must contain a clear and conspicuous disclaimer on its face. The commissioner shall establish the form and content of the disclaimer. The disclaimer must:

    (a) State the name and address of the association and of the division;

    (b) Prominently warn the owner of the policy or contract [holder] that the association may not cover the policy or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in this state;

    (c) State the types of policies for which guaranty funds will provide coverage;


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

κ2001 Statutes of Nevada, Page 1035 (Chapter 234, SB 252)κ

 

    (d) State that the insurer and its agents are prohibited by law from using the existence of the association for the purpose of sales, solicitation or inducement to purchase any form of insurance;

    [(d) Emphasize]

    (e) State that the [holder] owner of a policy or contract should not rely on coverage under the association when selecting an insurer; [and

    (e)] (f) Explain the rights and procedures for filing a complaint to allege a violation of any provision of this chapter; and

    (g) Provide other information as directed by the commissioner [.] , including sources of information about the financial condition of insurers, if the information is not proprietary and is subject to disclosure under the law of the state in which the insurer is domiciled.

    3.  A member insurer shall retain evidence of compliance with subsection 1 while the policy or contract for which the notice is given remains in effect.

    Sec. 31.  NRS 686C.130 is hereby amended to read as follows:

    686C.130  1.  There is hereby created a nonprofit [, unincorporated,] legal entity to be known as the Nevada Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved pursuant to NRS 686C.290 and shall exercise its powers through a board of directors established pursuant to NRS 686C.140.

    2.  For purposes of administration and assessment, the association shall maintain two accounts:

    (a) The account for health insurance; and

    (b) The account for life insurance and annuities, which consists of:

         (1) The subaccount for life insurance; and

         (2) The subaccount for annuities [.] , including annuities owned by a governmental retirement plan, or its trustees, established under section 401, 403(b) or 457 of the Internal Revenue Code, 26 U.S.C. §§ 401, 403(b) and 457.

    3.  The association is under the immediate supervision of the commissioner and is subject to the applicable provisions of the Nevada Insurance Code. Meetings or records of the association may be opened to the public by majority vote of the board of directors.

    Sec. 32.  NRS 686C.140 is hereby amended to read as follows:

    686C.140  1.  The board of directors of the association [shall consist] consists of not less than five nor more than nine members, serving terms as established in the plan of operation. The members of the board [shall] who represent insurers must be selected by member insurers subject to the approval of the commissioner. Two public representatives must be appointed to the board by the commissioner. A public representative may not be an officer, director or employee of an insurer or engaged in the business of insurance. Vacancies on the board [shall] must be filled for the remaining period of the term [in the manner described in the plan of operation.] by majority vote of the members of the board, subject to the approval of the commissioner, for members who represent insurers, and by the commissioner for public representatives. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer [shall be] is entitled to one vote in person or by proxy.


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

κ2001 Statutes of Nevada, Page 1036 (Chapter 234, SB 252)κ

 

member insurer [shall be] is entitled to one vote in person or by proxy. If the board of directors is not selected within 60 days after notice of the organizational meeting, the commissioner may appoint the initial members [.] to represent insurers in addition to the public representatives.

    2.  In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.

    3.  Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors but members of the board [shall] may not otherwise be compensated by the association for their services.

    Sec. 33.  NRS 686C.150 is hereby amended to read as follows:

    686C.150  If a [domestic] member insurer is an impaired insurer, the association may, subject to any conditions it may impose which do not impair the contractual obligations of the impaired insurer [,] and which are approved by the commissioner : [, and, except in cases of court-ordered conservation or rehabilitation, are approved by the impaired insurer:]

    1.  Guarantee, assume or reinsure, or cause to be guaranteed, assumed or reinsured, any or all of the covered policies or contracts of the impaired insurer.

    2.  Provide such money, pledges, loans, notes, guarantees or other means as are proper to effectuate subsection 1, and assure payment of the contractual obligations of the impaired insurer pending action under subsection 1.

    [3.  Lend money to the impaired insurer.]

    Sec. 34.  NRS 686C.152 is hereby amended to read as follows:

    686C.152  If a member insurer is an insolvent insurer, the association shall:

    1.  Guarantee, assume or reinsure, or cause to be guaranteed, assumed or reinsured, the policies or contracts of the insolvent insurer; or

    2.  Ensure payment of the contractual obligations of the insolvent insurer and:

    (a) Provide such money, pledges, loans, notes, guarantees or other means as are reasonably necessary to discharge [such] its duties; or

    (b) [With respect only to life and health insurance policies, provide] Provide benefits and coverages in accordance with NRS 686C.153 and 686C.154.

    Sec. 35.  NRS 686C.153 is hereby amended to read as follows:

    686C.153  When proceeding pursuant to paragraph (b) of subsection [1 of NRS 686C.151 or paragraph (b) of subsection] 2 of NRS 686C.152, the association shall [, with] :

    1.  With respect to life and health insurance policies [only:

    1.  Ensure] and annuities, ensure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, which would have been payable under policies or contracts of the insolvent insurer, for claims incurred with respect to:

    (a) A group policy or contract, not later than the earlier of the next renewal date under the policy or contract or 45 days, but in no event less than 30 days, after the date when the association becomes obligated with respect to that policy [.

    (b) An individual policy,] or contract.


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

κ2001 Statutes of Nevada, Page 1037 (Chapter 234, SB 252)κ

 

    (b) A nongroup policy, contract or annuity, not later than the earlier of the next renewal date, if any, under the policy , contract or annuity or 1 year, but in no event less than 30 days, after the date when the association becomes obligated with respect to that policy [.] , contract or annuity.

    2.  Make diligent efforts to provide all known insureds or [policyholders] owners with respect to group policies or contracts, or annuitants with respect to annuities, 30 days’ notice of termination of the benefits provided [.

    3.  Make] pursuant to subsection 1.

    3.  With respect to nongroup life and health insurance policies and annuities, make available substitute coverage on an individual basis, in accordance with the provisions of subsection 4, to each known insured [under an individual policy,] or annuitant, or owner if other than the insured [,] or annuitant, and to each natural person formerly insured , or formerly an annuitant, under a group policy who is not eligible for replacement group coverage, if the insured or annuitant had a right under law [to convert coverage under] or the terminated policy or annuity to convert coverage to individual coverage or to continue an individual policy or annuity in force until a specified age or for a specified period, during which the insurer had no right unilaterally to make changes in any provision of the policy or annuity or had a right only to make changes in premium by class.

    4.  In providing the substitute coverage required under subsection 3, the association may offer to reissue the terminated coverage or to issue an alternative policy that must be offered without requiring evidence of insurability or a waiting period or exclusion that would not have applied under the terminated policy, and may reinsure any alternative or reinsured policy.

    Sec. 36.  NRS 686C.154 is hereby amended to read as follows:

    686C.154  1.  Alternative policies adopted by the association are subject to the approval of the commissioner [.] and the court in the insolvent or impaired insurer’s state which has jurisdiction over the conservation, rehabilitation or liquidation of the insurer. The association may adopt alternative policies of various types for future issuance without regard to any particular impairment or insolvency.

    2.  An alternative policy must contain at least the minimum statutory provisions required in this state and provide benefits that are not unreasonable in relation to the premium charged. The association shall set the premium in accordance with a table of rates which it shall adopt. The premium must reflect the amount of insurance to be provided and the age and class of risk of each insured, but must not reflect any changes in the health of the insured after the original policy was last underwritten.

    3.  An alternative policy issued by the association must provide coverage of a type similar to that of the policy issued by the impaired or insolvent insurer, as determined by the association.

    4.  If the association elects to reissue terminated coverage at a rate of premium different from that charged under the terminated policy, the premium must be set by the association in accordance with the amount of insurance provided and the age and class of risk, subject to approval by the commissioner [or by a court of competent jurisdiction.] and the court described in subsection 1.


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

κ2001 Statutes of Nevada, Page 1038 (Chapter 234, SB 252)κ

 

    Sec. 37.  NRS 686C.155 is hereby amended to read as follows:

    686C.155  When proceeding pursuant to paragraph (b) of subsection [1 of NRS 686C.151 or paragraph (b) of subsection] 2 of NRS 686C.152 with respect to any policy or contract carrying guaranteed minimum interest rates, the association shall ensure the payment or crediting of a rate of interest consistent with paragraph (c) of subsection 1 of NRS 686C.035.

    Sec. 38.  NRS 686C.160 is hereby amended to read as follows:

    686C.160  In carrying out its responsibilities under NRS [686C.151 and] 686C.152, the association may, subject to approval by [the court, or by the commissioner if there is no judicial proceeding:] a court of this state:

    1.  Impose permanent liens on policies and contracts in connection with any guarantee, assumption or reinsurance if the association finds that the amounts which can be assessed under this chapter are less than the amounts needed to [assure] ensure full and prompt performance of the association’s duties or that the economic or financial conditions as they affect member insurers are sufficiently adverse that the imposition of such permanent liens is in the public interest.

    2.  Impose temporary moratoriums or liens on payments of cash values and policy loans or any right to withdraw money held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of paying cash value or lending against the policy. In addition, in the event of a temporary moratorium or charge imposed by the court in the insolvent or impaired insurer’s state which has jurisdiction over the conservation, rehabilitation or liquidation of the insurer on such payment or lending, or on any other right to withdraw money held in conjunction with policies or contracts, the association may defer such payment, lending or withdrawal for the period of the moratorium or charge, except for claims covered by the association to be paid in accordance with a procedure for cases of hardship established by the liquidator or rehabilitator and approved by the court.

    Sec. 39.  NRS 686C.170 is hereby amended to read as follows:

    686C.170  The association is not liable under NRS [686C.151 or 686C.152 for any covered policy of a foreign or alien insurer] 686C.152 where a guaranty is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer [.] other than this state.

    Sec. 40.  NRS 686C.180 is hereby amended to read as follows:

    686C.180  The association may render assistance and advice to the commissioner upon his request, concerning rehabilitation, payment of claims, continuation of coverage or the performance of other contractual obligations of [any impaired] an impaired or insolvent insurer.

    Sec. 41.  NRS 686C.190 is hereby amended to read as follows:

    686C.190  The association has standing:

    1.  To appear or intervene before [any] a court or agency in this state which has jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this chapter [.] or over any person or property against whom or which the association may have rights through subrogation or otherwise. Its standing extends to all matters germane to the powers and duties of the association, including [but not limited to] proposals for reinsuring , modifying or guaranteeing the [covered] policies or contracts of the impaired or insolvent insurer and the determination of the [covered] policies or contracts and contractual obligations.


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

κ2001 Statutes of Nevada, Page 1039 (Chapter 234, SB 252)κ

 

determination of the [covered] policies or contracts and contractual obligations.

    2.  To appear or intervene before a court or agency in another state which has jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated, or over [a third party] any person or property against whom or which the association may have rights through subrogation [of the insurer’s policyholders.] or otherwise.

    Sec. 42.  NRS 686C.200 is hereby amended to read as follows:

    686C.200  1.  [Any] A person receiving benefits under this chapter shall be deemed to have assigned his rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or contract to the association to the extent of the benefits received because of this chapter , whether the benefits are payments of or on account of contractual obligations, continuation of coverage or provision of substitute or alternative coverages. The association may require an assignment to it of those rights and causes of action by any payee, owner of a policy or contract , [owner,] beneficiary, insured or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon that person.

    2.  The rights of the association to subrogation under this subsection have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter.

    3.  In addition to the rights provided under subsections 1 and 2, the association has all rights of subrogation at common law and any other equitable or legal remedy which would have been available to the impaired or insolvent insurer or the [holder] owner, beneficiary or payee of a policy or contract [,] with respect to the policy or contract [.] , including, in the case of a structured settlement annuity, any rights of the owner, beneficiary or payee of the annuity, to the extent of benefits received under this chapter, against a person originally or by succession responsible for the losses arising from the personal injury relating to the annuity or payment for it, except any such person responsible solely by reason of serving as an assignee under section 130 of the Internal Revenue Code, 26 U.S.C. § 130.

    4.  If the provisions of subsections 1, 2 and 3 are invalid or ineffective with respect to any person or any claim for any reason, the amount payable to the association with respect to the related covered obligations is reduced by the amount realized by any other person with respect to the person or claim which is attributable to the policies or portions thereof covered by the association.

    5.  If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights under subsections 1 to 4, inclusive, he shall pay to the association the portion of the recovery attributable to the policies or portions thereof covered by the association.

    Sec. 43.  NRS 686C.210 is hereby amended to read as follows:

    686C.210  1.  [Unless further limited by subsection 2, the liability of the association for benefits under this chapter is limited to] The benefits that the association may become obligated to cover may not exceed the lesser of:

    (a) The contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer; [or]


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

κ2001 Statutes of Nevada, Page 1040 (Chapter 234, SB 252)κ

 

    (b) With respect to [any] one life, regardless of the number of policies or contracts:

         (1) Three hundred thousand dollars in death benefits from life insurance, but not more than $100,000 in net cash for surrender and withdrawal for life insurance; or

         (2) [One hundred thousand dollars in benefits from health insurance, including any net cash for surrender and withdrawal; and

         (3)] One hundred thousand dollars in the present value of benefits from annuities, including net cash for surrender and withdrawal [.

    2.  The association is not liable to expend more than $300,000 in the aggregate with] ;

    (c) With respect to health insurance for any one natural person:

         (1) One hundred thousand dollars for coverages other than disability insurance, basic hospital, medical and surgical insurance or major medical insurance, including any net cash for surrender or withdrawal;

         (2) Three hundred thousand dollars for disability insurance; or

         (3) Five hundred thousand dollars for basic hospital, medical and surgical insurance or major medical insurance; or

    (d) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if deceased, $100,000 in present value of benefits from the annuity in the aggregate, including any net cash for surrender or withdrawal.

    2.  In no event is the association obligated to cover more than:

    (a) With respect to any one life or person under [subparagraphs (1), (2) and (3) of paragraph] paragraphs (b) and (c) of subsection 1 [.] :

         (1) An aggregate of $300,000 in benefits, excluding benefits for basic hospital, medical and surgical insurance or major medical insurance; or

         (2) An aggregate of $500,000 in benefits, including benefits for basic hospital, medical and surgical insurance or major medical insurance.

    (b) With respect to one owner of several nongroup policies of life insurance, whether the owner is a natural person or an organization and whether the persons insured are officers, managers, employees or other persons, more than $5,000,000 in benefits, regardless of the number of policies and contracts held by the owner.

    3.  The limitations set forth in this section are limitations on the benefits for which the association is obligated before taking into account its rights to subrogation or assignment or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies. The cost of the association’s obligations under this chapter may be met by the use of assets attributable to covered policies, or reimbursed to the association pursuant to its rights to subrogation or assignment.

    4.  In performing its obligation to provide coverage under NRS 686C.150 and 686C.152, the association need not guarantee, assume, reinsure or perform, or cause to be guaranteed, assumed, reinsured or performed, the contractual obligations of the impaired or insolvent insurer under a covered policy or contract which do not materially affect the economic value or economic benefits of the covered policy or contract.

    Sec. 44.  NRS 686C.220 is hereby amended to read as follows:

    686C.220  The association may:

    1.  Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter.


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

κ2001 Statutes of Nevada, Page 1041 (Chapter 234, SB 252)κ

 

    2.  Sue or be sued, including the taking of any legal action necessary or proper for recovery of any unpaid assessments under NRS 686C.230 or to settle claims or potential claims against it.

    3.  Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default are legal investments for domestic insurers and may be carried as admitted assets.

    4.  Employ or retain such persons as are necessary or appropriate to handle the financial transactions of the association, and to perform such other functions as become necessary or proper under this chapter.

    5.  [Negotiate and contract with any liquidator, rehabilitator, conservator or ancillary receiver to carry out the powers and duties of the association.

    6.]  Take such legal action as may be necessary or appropriate to avoid or recover payment of improper claims.

    [7.] 6.  Exercise, for the purposes of this chapter and to the extent approved by the commissioner, the powers of a domestic life or health insurer, but in no case may the association issue insurance policies or annuities other than those issued to perform [the] its contractual obligations [of the impaired insurer] under this chapter.

    [8.] 7.  Join an organization of one or more other state associations having similar purposes, to further the purposes and administer the powers and duties of the association.

    8.  Organize itself as a corporation or in other legal form permitted by the laws of this state.

    9.  Request information from a person seeking coverage from the association to aid the association in determining its obligations under this chapter with respect to him, and the person shall promptly comply with the request.

    10.  Take other necessary or appropriate action to perform its duties and discharge its obligations under this chapter or to exercise its power under this chapter.

    Sec. 45.  NRS 686C.230 is hereby amended to read as follows:

    686C.230  1.  To provide the money necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at such times and for such amounts as the board finds necessary. An assessment is due upon at least 30 days’ written notice to the member insurer and accrues interest after it is due at the rate provided in NRS 99.040.

    2.  There are two classes of assessments, as follows:

    (a) Assessments in Class A must be [made] authorized and called for the purpose of meeting administrative and legal costs and other expenses . [, including those of examinations conducted pursuant to NRS 686C.310.] An assessment in Class A need not be related to a particular impaired or insolvent insurer.

    (b) Assessments in Class B must be [made] authorized and called to the extent necessary to carry out the powers and duties of the association under NRS 686C.150 to 686C.220, inclusive, with regard to an impaired or insolvent insurer.

    Sec. 46.  NRS 686C.240 is hereby amended to read as follows:

    686C.240  1.  The board of directors 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.


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

κ2001 Statutes of Nevada, Page 1042 (Chapter 234, SB 252)κ

 

assessments in Class B. An assessment which is not prorated must not exceed [$300] $150 for each member insurer for any one 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 [made] 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. 47.  NRS 686C.250 is hereby amended to read as follows:

    686C.250  1.  The association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the board [,] of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. If an assessment against a member insurer is abated or deferred in whole or in part, the amount by which that assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section. As soon as the conditions that caused a deferral have been removed or rectified, the member insurer shall pay all assessments that were deferred pursuant to a plan of repayment approved by the association.

    2.  [The] Except as otherwise provided in subsection 3, the total of all assessments [upon] authorized by the association with respect to a member insurer for:

    (a) The account for life insurance and annuities and each of its subaccounts; and

    (b) The account for health insurance,

respectively must not in any 1 calendar year exceed 2 percent of the insurer’s average annual premiums received in this state on the policies and contracts covered by the subaccount or account during the 3 calendar years preceding the year in which the [impairment or insolvency is determined.] insurer became impaired or insolvent.

    3.  If two or more assessments are authorized in 1 calendar year with respect to insurers that became impaired or insolvent in different calendar years, the average annual premiums received for the purposes of the limitation provided in subsection 2 are equal and limited to the higher of the 3-year annual premiums for the applicable account or subaccount as calculated pursuant to this section.


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

κ2001 Statutes of Nevada, Page 1043 (Chapter 234, SB 252)κ

 

    4.  If the maximum assessment, together with the other assets of the association in [either] an account, does not provide in any 1 year in either account an amount sufficient to carry out the responsibilities of the association, the necessary additional money must be assessed as soon thereafter as permitted by this chapter.

    [4.  If an assessment of 1 percent for either]

    5.  If the maximum assessment for a subaccount of the account for life insurance and annuities in any 1 year does not provide an amount sufficient to carry out the responsibilities of the association, then pursuant to subsection 3 of NRS 686C.240, the board shall assess [both subaccounts] the other subaccount for the necessary additional amount, subject to the maximum stated in subsection 2.

    [5.] 6.  The board may provide in the plan of operation a method of allocating funds among claims, whether relating to one or more impaired or insolvent insurers, when the maximum assessment is insufficient to cover anticipated claims.

    Sec. 48.  NRS 686C.260 is hereby amended to read as follows:

    686C.260  The board of directors may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account, the amount by which the assets of the account exceed the amount the board finds is necessary to carry out during the coming year the obligations of the association with regard to that account, including assets accruing from assignment, subrogation, net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the association and for future [losses.] claims.

    Sec. 49.  NRS 686C.280 is hereby amended to read as follows:

    686C.280  1.  The association shall issue to each insurer paying an assessment under this chapter , other than an assessment in Class A, a certificate of contribution, in a form prescribed by the commissioner, for the amount of the assessment so paid. All outstanding certificates are of equal dignity and priority without reference to [the] amounts or dates of issue. A member insurer may show a certificate of contribution as an asset in its financial statement in such form, for such amount, if any, and for such period as the commissioner may approve.

    2.  A member insurer may offset against its liability for premium tax to this state, accrued with respect to business transacted in a calendar year, an amount equal to 20 percent of the amount certified pursuant to subsection 1 in each of the 5 calendar years following the year in which the assessment was paid. If an insurer ceases to transact business, it may offset all uncredited assessments against its liability for premium tax for the year in which it so ceases.

    3.  Any sum acquired by refund from the association pursuant to NRS 686C.260 which previously had been written off by the contributing insurer and offset against premium taxes as provided in subsection 2 must be paid to the department of taxation and deposited by it with the state treasurer for credit to the state general fund. The association shall notify the commissioner and the department of taxation of each refund made.

    Sec. 50.  NRS 686C.290 is hereby amended to read as follows:

    686C.290  1.  The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to [assure] ensure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto become effective upon approval in writing by the commissioner, or 30 days after submission if he has not disapproved them.


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

κ2001 Statutes of Nevada, Page 1044 (Chapter 234, SB 252)κ

 

The plan of operation and any amendments thereto become effective upon approval in writing by the commissioner, or 30 days after submission if he has not disapproved them. All member insurers shall comply with the plan of operation.

    2.  If at any time the association fails to submit suitable amendments to the plan, the commissioner shall adopt , after notice and hearing, such reasonable regulations as are necessary or advisable to effectuate the provisions of this chapter. The regulations continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

    3.  [The] In addition to satisfying the other requirements of this chapter, the plan of operation must:

    (a) Establish procedures for handling the assets of the association.

    (b) Establish the amount and method of reimbursing members of the board of directors under NRS 686C.140.

    (c) Establish regular places and times for meetings of the board.

    (d) Establish procedures for records to be kept of all financial transactions of the association, its agents and the board.

    (e) Establish the procedures whereby selections for the board will be made and submitted to the commissioner.

    (f) Establish any additional procedures for assessments under NRS 686C.230 to 686C.270, inclusive.

    (g) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.

    4.  The plan of operation may provide that any or all powers and duties of the association, except those under subsection 3 of NRS 686C.220 and NRS 686C.230 to 686C.280, inclusive, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association , or its equivalent , in two or more states. Such an organization must be reimbursed for any payments made on behalf of the association and paid for its performance of any function of the association. A delegation under this subsection takes effect only with the approval of the board of directors and the commissioner, and may be made only to an organization that extends protection not substantially less favorable and effective than that provided by this chapter.

    Sec. 51.  NRS 686C.300 is hereby amended to read as follows:

    686C.300  1.  [The commissioner shall:

    (a) Notify the board of the existence of an impaired insurer not later than 3 days after a determination of impairment is made or he receives notice of impairment.

    (b) Upon] In addition to the duties and powers otherwise provided in this chapter, the commissioner :

    (a) Shall, upon request of the board [,] of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer.

    [(c) When]

    (b) Shall, when an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the insurer is notice to its stockholders, if any. The failure of the insurer to comply with such demand promptly does not excuse the association from the performance of its powers and duties under this chapter.


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

κ2001 Statutes of Nevada, Page 1045 (Chapter 234, SB 252)κ

 

    (c) Must, in any liquidation or rehabilitation involving a domestic insurer, be appointed as the liquidator or rehabilitator.

    2.  The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. [Such forfeiture shall] The forfeiture may not exceed 5 percent of the unpaid assessment per month, but no forfeiture may be less than $100 per month.

    3.  [Any] A final action of the board of directors or the association may be appealed to the commissioner by any member insurer if [such] the appeal is taken within [30] 60 days after the insurer receives notice of the final action . [being appealed. If a member insurer appeals from an assessment, it shall pay the amount assessed to the association and that amount is available to meet the obligations of the association during the pendency of the appeal. If the assessment is annulled or reduced on appeal, the amount paid, or the excess, must be refunded by the association to the insurer. Any] A final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction [.] pursuant to the procedure provided in chapter 233B of NRS for contested cases.

    4.  The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.

    Sec. 52.  NRS 686C.303 is hereby amended to read as follows:

    686C.303  If the association fails to act within a reasonable time [to carry out its duties pursuant to] with respect to an insolvent insurer, as provided in NRS 686C.150 to 686C.155, inclusive, the commissioner may exercise the powers and perform the duties of the association under this chapter with respect to the insolvent insurer . [involved.]

    Sec. 53.  NRS 686C.306 is hereby amended to read as follows:

    686C.306  1.  The commissioner shall notify the commissioners of insurance of all the other states [, the territories of the United States, and the District of Columbia when] within 30 days after he takes any of the following actions against a member insurer:

    (a) Revokes a member insurer’s license;

    (b) Suspends a member insurer’s license; or

    (c) Makes any formal order that a member insurer is to restrict its premium writing, obtain additional contributions to surplus, withdraw from the state, reinsure all or any part of its business, or increase capital, surplus, or any other account for the security of [policyholders] the owners of its policies or its creditors.

[This notice must be mailed to all commissioners within 30 days after the action is taken.]

    2.  The commissioner shall report to the board of directors when he has taken any of the actions set forth in subsection 1, or has received a report from any other commissioner indicating that any such action has been taken in another state. The report to the board must contain all significant details of the action taken or the report received from another commissioner.

    3.  The commissioner shall report to the board of directors when he has reasonable cause to believe from an examination of a member insurer, whether completed or in process, that the insurer may be impaired or insolvent.


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

κ2001 Statutes of Nevada, Page 1046 (Chapter 234, SB 252)κ

 

    4.  The commissioner shall furnish to the board the ratios of the “insurance regulatory information system” developed by the National Association of Insurance Commissioners and [reports of examinations and] listings of companies not included in those ratios, and the board may use the information contained therein in carrying out its duties and responsibilities under this chapter. Such reports and the information contained therein must be kept confidential by the board until such time as made public by the commissioner or other lawful authority.

    [4.  The board shall, at the conclusion of any insolvency of an insurer in which the association was obligated to pay covered claims, prepare a report to the commissioner containing such information as it may have in its possession bearing on the history and causes of the insolvency. The board shall cooperate with the boards of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer, and may adopt by reference any report prepared by one or more other associations.]

    Sec. 54.  NRS 686C.310 is hereby amended to read as follows:

    686C.310  [To aid in the detection and prevention of the impairment or insolvency of insurers:]

    1.  The board [shall,] of directors may, upon majority vote, notify the commissioner of any information indicating any member insurer may be impaired or insolvent. [The commissioner shall report to the board when he has reasonable cause to believe from any examination, whether or not completed, that any member insurer may be impaired or insolvent.

    2.  The board may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be impaired or insolvent. The commissioner shall begin the examination within 30 days after receiving the request. The examination may be conducted by the National Association of Insurance Commissioners or by such persons as the commissioner designates. The cost of the examination must be paid by the association and the report treated as are other reports of examinations. The report must not be released to the board before its release to the public, but this does not excuse the commissioner from his obligation to comply with subsection 1. The commissioner shall notify the board when the examination is completed. The request for an examination must be kept on file by the commissioner but it is not open to public inspection before the release of the report of the examination to the public and may be released at that time only if the examination discloses that the examined insurer is impaired or insolvent.

    3.] 2.  The board may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer or germane to the solvency of any person seeking admission to transact insurance in this state. These reports and recommendations are not open to public inspection.

    [4.] 3.  The commissioner may seek the advice and recommendations of the board concerning any matter affecting his duties and responsibilities regarding the financial condition of member insurers and of persons seeking admission to transact insurance in this state.

    [5.] 4.  The board may, upon majority vote, make recommendations to the commissioner for the detection and prevention of the insolvency of insurers.


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

κ2001 Statutes of Nevada, Page 1047 (Chapter 234, SB 252)κ

 

    Sec. 55.  NRS 686C.330 is hereby amended to read as follows:

    686C.330  1.  This chapter does not reduce the liability for unpaid assessments of the insureds of an impaired insurer operating under a plan with liability for assessments.

    2.  Records must be kept of all [negotiations and meetings in which the association or its representatives are involved] meetings of the board of directors to discuss the activities of the association in carrying out its powers and duties under NRS 686C.150 to 686C.220, inclusive. [Records of such negotiations or meetings must be made public upon a majority vote of the board, upon] The records of the association with respect to an impaired or insolvent insurer may not be disclosed before the termination of a proceeding for liquidation, rehabilitation or conservation involving the impaired or insolvent insurer [, upon] or the termination of the impairment or insolvency of the insurer, [or] except upon the order of a court of competent jurisdiction. This subsection does not limit the duty of the association to render a report of its activities under NRS 686C.350.

    3.  For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies reduced by any amounts to which the association is entitled as subrogee pursuant to NRS 686C.200. Assets of the impaired or insolvent insurer attributable to covered policies must be used to continue all covered policies and pay all contractual obligations of the impaired or insolvent insurer as required by this chapter. Assets attributable to covered policies, as used in this subsection, are that proportion of the assets which the reserves that should have been established for covered policies bear to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer.

    4.  As a creditor of the impaired or insolvent insurer under subsection 3 and consistent with NRS 696B.415, the association and other similar associations are entitled to receive a disbursement out of the marshaled assets, from time to time as the assets become available to reimburse it, as a credit against contractual obligations under this chapter. If the liquidator has not, within 120 days after a final determination of insolvency of an insurer by the court in the insolvent or impaired insurer’s state which has jurisdiction over the conservation, rehabilitation or liquidation of the insurer, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, the association is entitled to make application to the court for approval of its own proposal to disburse those assets.

    5.  Before the termination of any proceeding for liquidation, rehabilitation or conservation, the court may take into consideration the contributions of the respective parties, including the association, the shareholders and [policyholders] owners of policies and contracts of the impaired or insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership of the impaired or insolvent insurer. In making such a determination, consideration must be given to the welfare of the [policyholders of] owners of policies issued by the continuing or successor insurer. No distribution to stockholders, if any, of an impaired or insolvent insurer may be made until [and unless] the total amount of valid claims of the association, with interest thereon, for money expended in exercising its powers and performing its duties under NRS 686C.150 to 686C.155, inclusive, with respect to that insurer have been fully recovered by the association.

 


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

κ2001 Statutes of Nevada, Page 1048 (Chapter 234, SB 252)κ

 

NRS 686C.150 to 686C.155, inclusive, with respect to that insurer have been fully recovered by the association.

    Sec. 56.  NRS 686C.350 is hereby amended to read as follows:

    686C.350  The association is subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner, not later than 120 days after the end of its fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year. Upon the request of a member insurer, the association shall provide the insurer with a copy of the report.

    Sec. 56.5.  The amendatory provisions of this act:

    1.  Apply to the powers and duties of the Nevada Life and Health Insurance Guaranty Association relating to any member insurer that becomes an impaired or insolvent insurer on or after January 1, 2002;

    2.  Do not require the Nevada Life and Health Insurance Guaranty Association to recalculate the assessment bases for any year before January 1, 2002, and any assessments based on any such year must be authorized on the basis of the premium data previously collected from or reported by member insurers relating to those years; and

    3.  Must not be construed to affect any interpretation of any provision of chapter 686C of NRS that was in effect before January 1, 2002.

    Sec. 57.  NRS 686C.151, 686C.320, 686C.336 and 686C.345 are hereby repealed.

    Sec. 58.  This act becomes effective on January 1, 2002.

________

 

CHAPTER 235, SB 337

Senate Bill No. 337–Senators Care, Titus, Carlton, Schneider, Wiener, Mathews and Neal

 

CHAPTER 235

 

AN ACT relating to public safety; requiring certain owners of boilers, elevators or pressure vessels to obtain a permit from the division of industrial relations of the department of business and industry before the boiler, elevator or pressure vessel may be operated; requiring elevator mechanics to be certified by the division; requiring the division to adopt regulations governing the maintenance and operation of certain boilers, elevators and pressure vessels and the certification of boiler inspectors and elevator mechanics; authorizing the division to impose certain fees; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 16, inclusive, of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Boiler” means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum, for use external to the boiler by the direct application of heat.


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

κ2001 Statutes of Nevada, Page 1049 (Chapter 235, SB 337)κ

 

of heat. The term includes a fired unit for heating or vaporizing liquids other than water if the unit is separate from the processing system and is complete within itself.

    Sec. 4.  “Boiler inspector” means a person who inspects boilers and pressure vessels.

    Sec. 5.  “Certificate” means a certificate issued pursuant to the provisions of section 11 of this act.

    Sec. 6.  “Division” means the division of industrial relations of the department of business and industry.

    Sec. 7.  “Elevator” includes, without limitation, an elevator, dumbwaiter, escalator, moving walk, wheelchair lift or related equipment.

    Sec. 8.  “Elevator mechanic” means a person who installs, maintains, relocates, improves, alters or repairs elevators.

    Sec. 9.  “Pressure vessel” means a vessel in which pressure is obtained from an external source or by the application of heat from a direct or indirect source.

    Sec. 10.  The owner of a boiler, elevator or pressure vessel must obtain a permit issued by the division before the boiler, elevator or pressure vessel may be operated unless the division has provided an exemption for the boiler, elevator or pressure vessel pursuant to section 11 of this act.

    Sec. 11.  The division shall adopt regulations that establish:

    1.  Standards and procedures relating to the installation, inspection, operation, maintenance, relocation, improvement, alteration and repair of boilers, elevators and pressure vessels, including, without limitation, regulations:

    (a) Providing an exemption from those standards and procedures:

         (1) In the case of an emergency; or

         (2) If the division determines that it is in the best interests of the general public; and

    (b) Establishing requirements for the inspection of boilers, elevators and pressure vessels.

    2.  The requirements for the issuance and renewal of a certificate as:

    (a) A boiler inspector; and

    (b) An elevator mechanic.

    3.  The grounds for initiating disciplinary action against a holder of a certificate, including, without limitation, the grounds for:

    (a) The suspension or revocation of a certificate; and

    (b) Requiring the holder of a certificate to pay an administrative fine.

    4.  The methods of enforcement the division will use to ensure compliance with section 10 of this act and the regulations adopted pursuant to subsection 1, including, without limitation:

    (a) Notifying an owner of a boiler, elevator or pressure vessel that he has violated a provision of the regulations adopted pursuant to subsection 1 and establishing a period within which he must correct the violation;

    (b) Requiring the owner to pay an administrative fine; and

    (c) Suspending or revoking a permit issued by the division pursuant to section 10 of this act.

    Sec. 12.  1.  The division shall, by regulation, prescribe any fee that is necessary to carry out the provisions of this chapter, including, without limitation, fees for:

    (a) An application for a certificate;

    (b) The issuance of a certificate;


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

κ2001 Statutes of Nevada, Page 1050 (Chapter 235, SB 337)κ

 

    (c) The renewal of a certificate;

    (d) Any examination the division may require for obtaining a certificate; and

    (e) Inspections of boilers, elevators or pressure vessels.

    2.  Any fee prescribed by the division pursuant to subsection 1 must be based on the actual cost necessary to carry out the provisions of this chapter.

    3.  The fees collected pursuant to this section must be used to reduce the assessments established pursuant to NRS 232.680.

    Sec. 13.  1.  An applicant for the issuance or renewal of a certificate must submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

    2.  The division shall include the statement required pursuant to subsection 1 in:

    (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

    (b) A separate form prescribed by the division.

    3.  A certificate may not be issued or renewed by the division if the applicant:

    (a) Fails to submit the statement required pursuant to subsection 1; or

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

    Sec. 14.  An application for the issuance of a certificate must include the social security number of the applicant.

    Sec. 15.  1.  If the division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to the holder of a certificate, the division shall deem the certificate to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    2.  The division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.


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

κ2001 Statutes of Nevada, Page 1051 (Chapter 235, SB 337)κ

 

    Sec. 16.  1.  Except as otherwise provided in subsection 3, it is unlawful for any person to install, maintain, relocate, improve, alter or repair an elevator within this state unless he is certified as an elevator mechanic pursuant to section 11 of this act.

    2.  A person who violates subsection 1 is guilty of a misdemeanor.

    3.  The division may exempt a person who performs certain categories of acts relating to elevators from the requirement of obtaining a certificate if the division determines it would be in the best interests of the general public.

    Sec. 17.  Notwithstanding the provisions of section 16 of this act, a person who holds a contractor’s license issued pursuant to chapter 624 of NRS on October 1, 2001, and is authorized to perform any of the functions of an elevator mechanic is not required to be certified as an elevator mechanic pursuant to the provisions of this act before March 1, 2002.

    Sec. 18.  The provisions of this act do not apply to offenses committed before October 1, 2001.

    Sec. 19.  1.  This section and sections 11 and 12 of this act become effective upon passage and approval.

    2.  Sections 1 to 10, inclusive, and 13 to 18, inclusive, of this act become effective on October 1, 2001.

    3.  Sections 13, 14 and 15 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

are repealed by the Congress of the United States.

________

 


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

κ2001 Statutes of Nevada, Page 1052κ

 

CHAPTER 236, SB 397

Senate Bill No. 397–Senators Wiener, Mathews, Neal, Rawson, Care, McGinness, Porter and Shaffer

 

CHAPTER 236

 

AN ACT relating to drugs; prohibiting certain acts related to drugs and Internet pharmacies; prohibiting practitioners and other persons from prescribing prescription drugs under certain circumstances; providing the attorney general with jurisdiction to prosecute certain acts related to drugs and Internet pharmacies; revising various provisions related to controlled substances and other substances and drugs; requiring the state board of pharmacy to adopt certain regulations related to Internet pharmacies; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

    Sec. 4.  1.  “Illegal Internet pharmacy” means a person located within or outside this state who is not licensed and certified by the board pursuant to chapter 639 of NRS to engage in the practice of pharmacy via the Internet and who knowingly:

    (a) Uses or attempts to use the Internet, in whole or in part, to communicate with or obtain information from another person; and

    (b) Uses or attempts to use such communication or information, in whole or in part, to:

         (1) Fill or refill a prescription for a prescription drug for the other person; or

         (2) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.

    2.  The term does not include a person who is authorized by the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act to dispense or distribute, unless the person is acting outside of that authorization.

    Sec. 5.  “Imitation controlled substance” has the meaning ascribed to it in NRS 453.332.

    Sec. 6.  1.  “Internet” means:

    (a) The computer network commonly known as the Internet and any other computer network that is similar to or is a predecessor or successor of the Internet; and

    (b) Any identifiable site on the Internet or such other computer network.

    2.  The term includes, without limitation:

    (a) A website or other similar site on the World Wide Web;

    (b) A site that is identifiable through a Uniform Resource Location;


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

κ2001 Statutes of Nevada, Page 1053 (Chapter 236, SB 397)κ

 

    (c) A site on a computer network that is owned, operated, administered or controlled by a provider of Internet service;

    (d) An electronic bulletin board;

    (e) A list server;

    (f) A newsgroup; or

    (g) A chat room.

    Sec. 7.  “Prescription drug” means:

    1.  A controlled substance or dangerous drug that may be dispensed to an ultimate user only pursuant to a lawful prescription; and

    2.  Any other substance or drug substituted for such a controlled substance or dangerous drug.

    Sec. 8.  For the purposes of sections 2 to 12, inclusive, of this act, a person has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

    Sec. 9.  The provisions of sections 2 to 12, inclusive, of this act do not apply to a person who is:

    1.  A common or contract carrier or warehouseman, or an employee thereof, unless the person is acting outside of the usual course of his business or employment and knows or has reasonable cause to believe that the act or transaction is unlawful.

    2.  The intended recipient of a substance or drug, unless the intended recipient knows or has reasonable cause to believe that the act or transaction is unlawful.

    Sec. 10.  1.  A person who is located within this state and who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy shall not:

    (a) Fill or refill a prescription for a prescription drug for another person located within or outside this state; or

    (b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to another person located within or outside this state.

    2.  A person who is located outside this state, who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy and who knows or has reasonable cause to believe that another person is located within this state shall not:

    (a) Fill or refill a prescription for a prescription drug for the other person; or

    (b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.

    3.  A person shall not knowingly aid another person in any act or transaction that violates the provisions of this section.

    4.  Except as otherwise provided in subsection 5, a person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    5.  A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:


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

κ2001 Statutes of Nevada, Page 1054 (Chapter 236, SB 397)κ

 

of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

    (a) Is classified in schedule I; or

    (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

    6.  The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 5.

    7.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for a violation of any other statute based upon the same act or transaction.

    Sec. 11.  1.  A practitioner who is located within this state shall not prescribe a prescription drug for another person located within or outside this state if:

    (a) The practitioner has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

    (b) The practitioner knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

    2.  A practitioner who is located outside this state and who knows or has reasonable cause to believe that another person is located within this state shall not prescribe a prescription drug for the other person if:

    (a) The practitioner has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

    (b) The practitioner knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

    3.  A person who is located outside this state, who is licensed by another jurisdiction to prescribe prescription drugs and who knows or has reasonable cause to believe that another person is located within this state shall not prescribe a prescription drug for the other person if:

    (a) The person has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

    (b) The person knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

    4.  A person shall not knowingly aid another person in any act or transaction that violates the provisions of this section.

    5.  Except as otherwise provided in subsection 6, a practitioner or any other person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    6.  A practitioner or any other person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:


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

κ2001 Statutes of Nevada, Page 1055 (Chapter 236, SB 397)κ

 

punished by a fine of not more than $100,000, if the substance or drug involved:

    (a) Is classified in schedule I; or

    (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

    7.  The court shall not grant probation to or suspend the sentence of a practitioner or any other person punished pursuant to subsection 6.

    8.  A practitioner or any other person may be prosecuted, convicted and punished for a violation of this section whether or not the practitioner or person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.

    Sec. 12.  1.  The attorney general has concurrent jurisdiction with the district attorneys of this state for the enforcement of the provisions of sections 2 to 12, inclusive, of this act.

    2.  The attorney general may investigate and prosecute a practitioner or any other person who violates the provisions of:

    (a) Sections 2 to 12, inclusive, of this act; and

    (b) Any other statute if the violation is committed by the practitioner or person in the course of committing a violation described in paragraph (a).

    3.  When acting pursuant to this section, the attorney general may commence his investigation and file a criminal action without leave of court, and the attorney general has exclusive charge of the conduct of the prosecution.

    Sec. 13.  NRS 453.146 is hereby amended to read as follows:

    453.146  1.  The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.

    2.  In making a determination regarding a substance, the board shall consider the following:

    (a) The actual or relative potential for abuse;

    (b) The scientific evidence of its pharmacological effect, if known;

    (c) The state of current scientific knowledge regarding the substance;

    (d) The history and current pattern of abuse;

    (e) The scope, duration and significance of abuse;

    (f) The risk to the public health;

    (g) The potential of the substance to produce psychic or physiological dependence liability; and

    (h) Whether the substance is an immediate precursor of a controlled substance.

    3.  The board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.

    4.  After considering the factors enumerated in subsection 2 , the board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.

    5.  The board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The board may not designate as a controlled substance an anabolic steroid which is:


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

κ2001 Statutes of Nevada, Page 1056 (Chapter 236, SB 397)κ

 

    (a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and

    (b) Approved by the Food and Drug Administration for such use.

    Sec. 14.  NRS 453.211 is hereby amended to read as follows:

    453.211  1.  The board shall:

    (a) Review the schedules annually and maintain a list of current schedules.

    (b) Upon the revision of a schedule, cause a copy of the revised schedule to be sent to each district attorney, public defender and judge in the State of Nevada.

    (c) Make copies of the list of current schedules available to members of the public upon request. The board may charge a reasonable fee for providing the copies.

    2.  Failure to publish revised schedules is not a defense in any administrative or judicial proceeding under NRS 453.011 to 453.552, inclusive [.] , and sections 2 to 12, inclusive, of this act.

    Sec. 15.  NRS 453.2182 is hereby amended to read as follows:

    453.2182  If a substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law, the board shall similarly treat the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984 , [(] 21 U.S.C. § 811(h) , [),] unless within the 60-day period, the board or an interested party objects to the treatment of the substance. If no objection is made, the board shall adopt, without making the determinations or findings required by subsections 1 to 4, inclusive, of NRS 453.146 or NRS 453.166, 453.176, 453.186, 453.196 [, 453.206 or subsections 1 to 4, inclusive, of NRS 453.146,] or 453.206, a final regulation treating the substance. If an objection is made, the board shall make a determination with respect to the treatment of the substance as provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of an objection to the treatment by the board, the board shall publish notice of the receipt of the objection, and action by the board is stayed until the board adopts a regulation as provided by subsection 4 of NRS 453.146.

    Sec. 16.  NRS 453.219 is hereby amended to read as follows:

    453.219  A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act as a substance included in schedule I. Within 30 days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the district attorney shall notify the board of information relevant to scheduling by extraordinary regulation as provided for in NRS 453.2184. If the board finally determines, that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.

    Sec. 17.  NRS 453.233 is hereby amended to read as follows:

    453.233  Upon the conviction of any person required to be registered under the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act of violation of any federal or state law relating to any controlled substance, the prosecuting attorney shall cause copies of the judgment of conviction to be sent to the board and to any other licensing agency by whom the convicted person has been licensed or registered under the laws of the State of Nevada to engage in the practice of his business or profession.


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

κ2001 Statutes of Nevada, Page 1057 (Chapter 236, SB 397)κ

 

any controlled substance, the prosecuting attorney shall cause copies of the judgment of conviction to be sent to the board and to any other licensing agency by whom the convicted person has been licensed or registered under the laws of the State of Nevada to engage in the practice of his business or profession.

    Sec. 18.  NRS 453.246 is hereby amended to read as follows:

    453.246  Persons registered to dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of state and federal law and with any additional regulations the board issues.

    Sec. 19.  NRS 453.271 is hereby amended to read as follows:

    453.271  Any officer or employee of the division designated by his appointing authority may:

    1.  Carry firearms in the performance of his official duties;

    2.  Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas and summonses issued under the authority of this state;

    3.  Make arrests without warrant for any offense under the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of such sections which may constitute a felony;

    4.  Make seizures of property pursuant to the provisions of NRS 453.011 to 453.552, inclusive [;] , and sections 2 to 12, inclusive, of this act; or

    5.  Perform other law enforcement duties as the division designates.

    Sec. 20.  NRS 453.276 is hereby amended to read as follows:

    453.276  The board or the attorney general may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such an action must be commenced in the district court for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the board or the attorney general is not required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action must be brought in the name of the State of Nevada.

    Sec. 21.  NRS 453.281 is hereby amended to read as follows:

    453.281  1.  It is not necessary for the state to negate any exemption or exception in the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under such sections. The burden of proof of any exemption or exception is upon the person claiming it.

    2.  In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under the provisions of NRS 453.011 to 453.552, inclusive, [he] and sections 2 to 12, inclusive, of this act:

    (a) The person is presumed not to be the holder of the registration or form [.] ; and

    (b) The burden of proof is upon [him] the person to rebut the presumption.

    3.  No liability is imposed by the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act upon any authorized state, county or municipal officer engaged in the lawful performance of his duties.


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

κ2001 Statutes of Nevada, Page 1058 (Chapter 236, SB 397)κ

 

state, county or municipal officer engaged in the lawful performance of his duties.

    Sec. 22.  NRS 453.286 is hereby amended to read as follows:

    453.286  All final determinations, findings and conclusions of the board or division under the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS. Findings of fact by the board or division, if supported by substantial evidence, are conclusive.

    Sec. 23.  NRS 453.301 is hereby amended to read as follows:

    453.301  The following are subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:

    1.  All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

    2.  All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

    3.  All property which is used, or intended for use, as a container for property described in subsections 1 and 2.

    4.  All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

    5.  All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsection 1 or 2.

    6.  All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or a law of any other jurisdiction which prohibits the same or similar conduct, or of an injunction issued pursuant to NRS 453.558.

    7.  All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of NRS 453.332 or sections 2 to 12, inclusive, of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

    8.  All real property and mobile homes used or intended to be used by any owner or tenant of the property or mobile home to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336, or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336. As used in this subsection, “tenant” means any person entitled, under a written or oral rental agreement, to occupy real property or a mobile home to the exclusion of others.


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

κ2001 Statutes of Nevada, Page 1059 (Chapter 236, SB 397)κ

 

rental agreement, to occupy real property or a mobile home to the exclusion of others.

    9.  Everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act or a law of any other jurisdiction which prohibits the same or similar conduct, all proceeds traceable to such an exchange, and all other property used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336, or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to this subsection.

    10.  All firearms, as defined by NRS 202.253, which are in the actual or constructive possession of a person who possesses or is consuming, manufacturing, transporting, selling or under the influence of any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

    11.  All computer hardware, equipment, accessories, software and programs that are in the actual or constructive possession of a person who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy and who violates the provisions of sections 2 to 12, inclusive, of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

    Sec. 24.  NRS 453.305 is hereby amended to read as follows:

    453.305  1.  Whenever a person is arrested for violating any of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336, and real property or a mobile home occupied by him as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the arrest.

    2.  Whenever a person is convicted of violating any of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336, and real property or a mobile home occupied by him as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the conviction.

    3.  The notices required by this section must:

    (a) Be written in language which is easily understood;

    (b) Be sent by certified or registered mail, return receipt requested, to the owner at his last known address;

    (c) Be sent within 15 days after the arrest occurs or judgment of conviction is entered against the tenant, as the case may be;

    (d) Identify the tenant involved and the offense for which he has been arrested or convicted; and

    (e) Advise the owner that:


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

κ2001 Statutes of Nevada, Page 1060 (Chapter 236, SB 397)κ

 

         (1) The property or mobile home is subject to forfeiture pursuant to NRS [453.301 and] 179.1156 to 179.119, inclusive, and 453.301 unless the tenant, if convicted, is evicted;

         (2) Any similar violation by the same tenant in the future may also result in the forfeiture of the property unless the tenant has been evicted;

         (3) In any proceeding for forfeiture based upon such a violation he will, by reason of the notice, be deemed to have known of and consented to the unlawful use of the property or mobile home; and

         (4) The provisions of NRS 40.2514 and 40.254 authorize the supplemental remedy of summary eviction to facilitate his recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorney’s fees he incurs in doing so.

    4.  Nothing in this section shall be deemed to preclude the commencement of a proceeding for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS [453.301 and] 179.1156 to 179.119, inclusive [.] , and 453.301.

    5.  As used in this section, “tenant” means any person entitled under a written or oral rental agreement to occupy real property or a mobile home to the exclusion of others.

    Sec. 25.  NRS 453.311 is hereby amended to read as follows:

    453.311  1.  Controlled substances listed in schedule I:

    (a) That are possessed, transferred, sold or offered for sale in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act are contraband and shall be seized and summarily forfeited to the state.

    (b) Which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.

    2.  Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.

    3.  The failure, upon demand by the division or other law enforcement agency, or the authorized agent of either, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

    Sec. 26.  NRS 453.326 is hereby amended to read as follows:

    453.326  1.  It is unlawful for a person:

    (a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive [;] , and sections 2 to 12, inclusive, of this act;

    (b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive [;] , and sections 2 to 12, inclusive, of this act; or

    (c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.


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

κ2001 Statutes of Nevada, Page 1061 (Chapter 236, SB 397)κ

 

by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.

    2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    Sec. 27.  NRS 453.3363 is hereby amended to read as follows:

    453.3363  1.  If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act or pursuant to any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

    2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the department of prisons.

    3.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the division of parole and probation of the department of motor vehicles and public safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

    4.  Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

    5.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.

    Sec. 28.  NRS 453.346 is hereby amended to read as follows:

    453.346  1.  If a violation of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.


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

κ2001 Statutes of Nevada, Page 1062 (Chapter 236, SB 397)κ

 

law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

    2.  The provisions of subsection 1 [shall not apply to] do not prohibit any licensing board within this state from proceeding administratively to suspend or revoke any certificate, license or permit held by any person who has been convicted of a violation of any federal or state controlled substance law.

    Sec. 29.  NRS 453.381 is hereby amended to read as follows:

    453.381  1.  In addition to the limitations imposed by NRS 453.256 [,] and sections 2 to 12, inclusive, of this act, a physician, physician assistant, dentist or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

    2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

    3.  A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

    4.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, podiatric physician or veterinarian.

    5.  Any person who has obtained from a physician, physician assistant, dentist, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

    6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

    7.  A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

    8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

    Sec. 30.  NRS 453.541 is hereby amended to read as follows:

    453.541  The criminal sanction provided in NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act does not apply to that plant of the genus Lophophora commonly known as peyote when such drug is used as the sacrament in religious rites of any bona fide religious organization.

    Sec. 31.  NRS 453.551 is hereby amended to read as follows:

    453.551  All agents or inspectors of the board or division, peace officers, and the attorney general, district attorneys and their deputies while investigating violations of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under the provisions of such sections for acts which would otherwise be unlawful under such provisions but which are reasonably necessary in the performance of their official duties.


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

κ2001 Statutes of Nevada, Page 1063 (Chapter 236, SB 397)κ

 

provisions but which are reasonably necessary in the performance of their official duties.

    Sec. 32.  NRS 453.552 is hereby amended to read as follows:

    453.552  1.  Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, and sections 2 to 12, inclusive, of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

    2.  Any violation of the provisions of NRS 453.011 to 453.551, inclusive, and sections 2 to 12, inclusive, of this act, where no other penalty is specifically provided, is a misdemeanor.

    Sec. 33.  NRS 453.553 is hereby amended to read as follows:

    453.553  1.  In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, any person who unlawfully sells, manufactures, delivers or brings into this state, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of sections 2 to 12, inclusive, of this act is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction.

    2.  As used in this section and NRS 453.5531, 453.5532 and 453.5533:

    (a) “Each violation” includes a continuous or repetitive violation arising out of the same act.

    (b) “Sell” includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.

    (c) “Substitute” means a substance which:

         (1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and

         (2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.

    Sec. 34.  NRS 453.5531 is hereby amended to read as follows:

    453.5531  1.  The State of Nevada is entitled , in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:

    (a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.

    (b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.

    (c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.

    2.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:

    (a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.

    (b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.

    (c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.


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

κ2001 Statutes of Nevada, Page 1064 (Chapter 236, SB 397)κ

 

    3.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:

    (a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.

    (b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.

    (c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.

    4.  Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of sections 2 to 12, inclusive, of this act, to a civil penalty in an amount not to exceed $350,000.

    Sec. 35.  NRS 453.5533 is hereby amended to read as follows:

    453.5533  1.  A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act occurs.

    2.  Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same act, transaction or occurrence. A final judgment or decree rendered in favor of the state in any criminal proceeding arising out of the same act, transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.

    Sec. 36.  NRS 453.570 is hereby amended to read as follows:

    453.570  The amount of a controlled substance needed to sustain a conviction of a person for an offense prohibited by the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act is that amount necessary for identification as a controlled substance by a witness qualified to make such identification.

    Sec. 37.  NRS 453.575 is hereby amended to read as follows:

    453.575  1.  If a defendant pleads guilty or guilty but mentally ill to, or is found guilty of, any violation of this chapter and an analysis of a controlled substance or other substance or drug was performed in relation to his case, the [justice or judge] court shall include in the sentence an order that the defendant pay the sum of $60 as a fee for the analysis of the controlled substance [.] or other substance or drug.

    2.  Except as otherwise provided in this subsection, any money collected for such an analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the [justice or judge] court and must be:

    (a) Collected from the defendant before or at the same time that the fine is collected.

    (b) Stated separately in the judgment of the court or on the court’s docket.

    3.  The money collected pursuant to subsection 1 in any district, municipal or justice’s court must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

    4.  The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for forensic services. The governing body of each city shall create in the city treasury a fund to be designated as the fund for forensic services. Upon receipt, the county or city treasurer, as appropriate, shall deposit any fee for the analyses of controlled substances or other substances or drugs in the fund.


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

κ2001 Statutes of Nevada, Page 1065 (Chapter 236, SB 397)κ

 

county or city treasurer, as appropriate, shall deposit any fee for the analyses of controlled substances or other substances or drugs in the fund. The money from such deposits must be accounted for separately within the fund.

    5.  Except as otherwise provided in subsection 6, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

    6.  In counties which do not receive forensic services under a contract with the state, the money deposited in the fund for forensic services pursuant to subsection 4 must be expended, except as otherwise provided in this subsection:

    (a) To pay for the analyses of controlled substances or other substances or drugs performed in connection with criminal investigations within the county;

    (b) To purchase and maintain equipment to conduct these analyses; and

    (c) For the training and continuing education of the employees who conduct these analyses.

Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.

    Sec. 38.  NRS 40.2514 is hereby amended to read as follows:

    40.2514  A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he:

    1.  Assigns or sublets the leased premises contrary to the covenants of the lease;

    2.  Commits or permits waste thereon;

    3.  Sets up or carries on therein or thereon any unlawful business;

    4.  Suffers, permits or maintains on or about the premises any nuisance; or

    5.  Violates any of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336, therein or thereon,

and remains in possession after service upon him of 3 days’ notice to quit.

    Sec. 39.  NRS 40.254 is hereby amended to read as follows:

    40.254  Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:

    1.  Written notice to surrender the premises must:

    (a) Be given to the tenant in accordance with the provisions of NRS 40.280;

    (b) Advise the tenant of the court that has jurisdiction over the matter; and

    (c) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the court that has jurisdiction over the matter that he is not guilty of an unlawful detainer.

    2.  The affidavit of the landlord or his agent submitted to the justice’s court or the district court must contain:


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

κ2001 Statutes of Nevada, Page 1066 (Chapter 236, SB 397)κ

 

    (a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.

    (b) The date when the tenancy or rental agreement allegedly terminated.

    (c) The date when the tenant became subject to the provisions of NRS 40.251 to 40.2516, inclusive, together with any supporting facts.

    (d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.

    (e) A statement that the claim for relief was authorized by law.

    3.  If the tenant is found guilty of unlawful detainer as a result of his violation of any of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorney’s fees incurred by the landlord or his agent as a result of a hearing, if any, held pursuant to subsection 6 of NRS 40.253 wherein the tenant contested the eviction.

    Sec. 40.  NRS 179.1164 is hereby amended to read as follows:

    179.1164  1.  Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:

    (a) Any proceeds attributable to the commission or attempted commission of any felony.

    (b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 202.257, 453.301 or 501.3857.

    2.  Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge, consent or willful blindness of the claimant.

    3.  Unless the owner of real property or a mobile home:

    (a) Has given the tenant notice to surrender the premises pursuant to NRS 40.254 within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of NRS 453.305; or

    (b) Shows the court that he had good cause not to evict the tenant summarily pursuant to NRS 40.254,

the owner of real property or a mobile home used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by NRS 453.305 have been given in connection with another such violation relating to the property or mobile home. The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired his interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.

    Sec. 41.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 and 43 of this act.

    Sec. 42.  1.  “Internet pharmacy” means a person located within or outside this state who knowingly:

    (a) Uses or attempts to use the Internet, in whole or in part, to communicate with or obtain information from another person; and

    (b) Uses or attempts to use such communication or information, in whole or in part, to fill or refill a prescription or otherwise engage in the practice of pharmacy.


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

κ2001 Statutes of Nevada, Page 1067 (Chapter 236, SB 397)κ

 

    2.  As used in this section, “Internet” has the meaning ascribed to it in section 6 of this act.

    Sec. 43.  1.  In addition to the requirements set forth in this chapter and any other specific statute, an Internet pharmacy located:

    (a) Within this state, shall not fill or refill a prescription or otherwise engage in the practice of pharmacy for a person located within or outside this state unless the Internet pharmacy is certified by the board.

    (b) Outside this state, shall not fill or refill a prescription or otherwise engage in the practice of pharmacy for a person located within this state unless the Internet pharmacy is certified by the board.

    2.  The board shall adopt regulations prescribing standards for certifying an Internet pharmacy. The standards adopted by the board may be based upon standards adopted by the National Association of Boards of Pharmacy or some other association or organization that provides standards for certifying an Internet pharmacy.

    3.  The board shall post on a website or other Internet site that is operated or administered by or on behalf of the board:

    (a) A list of Internet pharmacies certified by the board; and

    (b) Any other information relating to Internet pharmacies that the board deems relevant.

    Sec. 44.  NRS 639.001 is hereby amended to read as follows:

    639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 42 of this act have the meanings ascribed to them in those sections.

    Sec. 45.  NRS 639.012 is hereby amended to read as follows:

    639.012  1.  “Pharmacy” means every store or shop licensed by the board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.

    2.  “Pharmacy” includes:

    (a) Pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.

    (b) Institutional pharmacies.

    (c) Pharmacies in correctional institutions.

    (d) Nuclear pharmacies.

    (e) Internet pharmacies.

    Sec. 46.  NRS 639.070 is hereby amended to read as follows:

    639.070  1.  The board may:

    (a) Adopt such regulations, not inconsistent with the laws of this state, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

    (b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription be posted in the pharmacies and be given on the telephone to persons requesting such information.

    (c) Adopt regulations, not inconsistent with the laws of this state, authorizing the secretary to issue certificates, licenses and permits required by this chapter and chapters 453 and 454 of NRS . [and this chapter.]

    (d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.

    (e) Regulate the practice of pharmacy.


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

κ2001 Statutes of Nevada, Page 1068 (Chapter 236, SB 397)κ

 

    (f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.

    (g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including, but not limited to, requirements relating to:

         (1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;

         (2) Drugs stored in hospitals; and

         (3) Drugs stored for the purpose of wholesale distribution.

    (h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.

    (i) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.

    (j) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

    (k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

    (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act and enforce the provisions of this chapter and chapter 454 of NRS . [and this chapter.]

    (m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.

    (n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.

    (o) Adopt regulations concerning the use of computerized mechanical equipment for the filling of prescriptions.

    (p) Participate in and expend money for programs that enhance the practice of pharmacy.

    2.  This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.

    Sec. 47.  NRS 639.2328 is hereby amended to read as follows:

    639.2328  1.  Every pharmacy located outside Nevada that provides mail order service to or solicits or advertises for orders for drugs available with a prescription from a resident of Nevada must be licensed by the board.

    2.  To be licensed or to renew a license, a pharmacy located outside Nevada must:

    (a) Be licensed by the state in which its dispensing facilities are located.

    (b) Comply with all applicable federal laws, regulations and standards.

    (c) Submit an application in the form furnished by the board.

    (d) Provide the following information to the board:

         (1) The name and address of the owner;

         (2) The location of the pharmacy;

         (3) The name of the pharmacist who is the managing pharmacist; and

         (4) Any other information the board deems necessary.

    (e) Pay the fee required by regulation of the board.

    (f) Submit evidence satisfactory to the board that the facility, records and operation of the pharmacy comply with the laws and regulations of the state in which the pharmacy is located.


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

κ2001 Statutes of Nevada, Page 1069 (Chapter 236, SB 397)κ

 

    (g) Submit certification satisfactory to the board that the pharmacy complies with all lawful requests and directions from the regulatory board or licensing authority of the state in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.

    (h) Be certified by the board pursuant to section 43 of this act if the pharmacy operates an Internet pharmacy.

    3.  In addition to the requirements of subsection 2, the board may require that the pharmacy located outside of Nevada be inspected by the board.

    Sec. 48.  NRS 639.235 is hereby amended to read as follows:

    639.235  1.  No person other than a practitioner holding a license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a person not licensed to practice in this state but authorized by the laws of another state to prescribe shall be deemed to be a legal prescription [.] unless the person prescribed or wrote the prescription in violation of the provisions of sections 2 to 12, inclusive, of this act.

    2.  If a prescription that is prescribed by a person who is not licensed to practice in this state , but is authorized by the laws of another state to prescribe, calls for a controlled substance listed in:

    (a) Schedule II, the registered pharmacist who is to fill the prescription shall establish and document that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written.

    (b) Schedule III or IV, the registered pharmacist who is to fill the prescription shall establish, in his professional judgment, that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written. This paragraph does not require the registered pharmacist to inquire into such a relationship upon the receipt of each such prescription.

    Sec. 49.  Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 12.  NRS 453.381 is hereby amended to read as follows:

    453.381  1.  In addition to the limitations imposed by NRS 453.256 and sections 2 to 12, inclusive, of Senate Bill No. 397 of this [act,] session, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

    2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

    3.  A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

    4.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.


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

κ2001 Statutes of Nevada, Page 1070 (Chapter 236, SB 397)κ

 

dentist, advanced practitioner of nursing, podiatric physician or veterinarian.

    5.  Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

    6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

    7.  A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

    8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

    Sec. 50.  Section 89 of Senate Bill No. 91 of this session is hereby repealed.

    Sec. 51.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

    Sec. 52.  1.  This section and sections 1 to 28, inclusive, and 30 to 51, inclusive, of this act become effective on July 1, 2001.

    2.  Section 29 of this act becomes effective at 12:01 a.m. on July 1, 2001.

________

 

CHAPTER 237, SB 467

Senate Bill No. 467–Committee on Natural Resources

 

CHAPTER 237

 

AN ACT relating to wildlife; requiring the board of wildlife commissioners to establish the maximum number of deer and antelope tags which may be issued annually as compensation for damage to private property; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 502.145 is hereby amended to read as follows:

    502.145  1.  An owner, lessee or manager of private land in this state may apply to the division for the issuance to him of one or more deer or antelope tags as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the private land or to any improvements thereon.

    2.  An application made pursuant to this section must:

    (a) Be made in the form prescribed by the division;

    (b) Establish to the satisfaction of the division that the applicant has sustained damage of the kind described in subsection 1; and

    (c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.


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

κ2001 Statutes of Nevada, Page 1071 (Chapter 237, SB 467)κ

 

    3.  The division shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the private land owned, leased or managed by the applicant. Both deer and antelope tags may be issued to an applicant. [Not more than 200 tags may be issued annually by the division pursuant to this section.]

    4.  A tag issued as compensation for damage pursuant to this section:

    (a) May be used by the owner, lessee or manager of the private land if he holds a valid Nevada hunting license, or may be sold by that person to any holder of a valid Nevada hunting license at any price mutually agreed upon;

    (b) Except as otherwise provided in subparagraph (2) of paragraph (c) of this subsection, must be used on the private land or in the unit or units within the management area or areas in which the private land is located; and

    (c) May only be used during:

         (1) The open season for the species for which the tag is issued; or

         (2) A special season prescribed by regulation of the commission for the use of such tags only on the private land.

    5.  As a condition of receiving a tag from the division pursuant to this section, an owner, lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land.

    6.  Insofar as they are consistent with this section, the provisions of this Title and of the regulations adopted by the commission apply to the issuance and use of tags pursuant to this section. The commission [may] :

    (a) Shall by regulation establish the maximum number of tags which may be issued annually by the division pursuant to this section, which must not exceed 1.5 percent of the total number of deer and antelope tags which are authorized for issuance annually throughout the state; and

    (b) May adopt any other regulations it deems necessary to carry out the provisions of this section.

    7.  The administrator shall, not later than the fifth calendar day of each regular session of the legislature, submit to the director of the legislative counsel bureau for distribution to the legislature a report summarizing the activities of the division taken pursuant to the provisions of this section during the preceding biennium, including any problems associated with the issuance and use of tags authorized by this section and any recommendations for correcting those problems.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 


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

κ2001 Statutes of Nevada, Page 1072κ

 

CHAPTER 238, SB 406

Senate Bill No. 406–Senator Amodei

 

Joint Sponsor: Assemblymen Brower and Parnell

 

CHAPTER 238

 

AN ACT relating to health care; providing an additional exception to the prohibition against certain referrals of patients by health care practitioners; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 439B.425 is hereby amended to read as follows:

    439B.425  1.  Except as otherwise provided in this section, a practitioner shall not refer a patient, for a service or for goods related to health care, to a health facility, medical laboratory, diagnostic imaging or radiation oncology center or commercial establishment in which the practitioner has a financial interest.

    2.  Subsection 1 does not apply if:

    (a) The service or goods required by the patient are not otherwise available within a 30-mile radius of the office of the practitioner;

    (b) The service or goods are provided pursuant to a referral to a practitioner who is participating in the health care plan of a health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS;

    (c) The practitioner is a member of a group practice and the referral is made to that group practice;

    (d) The referral is made to a surgical center for ambulatory patients, as defined in NRS 449.019, that is licensed pursuant to chapter 449 of NRS;

    (e) The referral is made by:

         (1) A urologist for lithotripsy services; or

         (2) A nephrologist for services and supplies for a renal dialysis; [or]

    (f) The financial interest represents an investment in a corporation that has shareholder equity of more than $100,000,000, regardless of whether the securities of the corporation are publicly traded [.] ; or

    (g) The referral is made by a physician to a surgical hospital in which the physician has an ownership interest and:

         (1) The surgical hospital is:

             (I) Located in a county whose population is less than 100,000; and

             (II) Licensed pursuant to chapter 449 of NRS as a surgical hospital and not as a medical hospital, obstetrical hospital, combined-categories hospital, general hospital or center for the treatment of trauma;

         (2) The physician making the referral:

             (I) Is authorized to perform medical services and has staff privileges at the surgical hospital; and

             (II) Has disclosed his ownership interest in the surgical hospital to the patient before making the referral;


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

κ2001 Statutes of Nevada, Page 1073 (Chapter 238, SB 406)κ

 

         (3) The ownership interest of the physician making the referral pertains to the surgical hospital in its entirety and is not limited to a department, subdivision or other portion of the hospital;

         (4) Every physician who has an ownership interest in the surgical hospital has agreed to treat patients receiving benefits pursuant to Medicaid and Medicare;

         (5) The terms of investment of each physician who has an ownership interest in the surgical hospital are not related to the volume or value of any referrals made by that physician;

         (6) The payments received by each investor in the surgical hospital as a return on his investment are directly proportional to the relative amount of capital invested or shares owned by the investor in the hospital;

         (7) None of the investors in the surgical hospital has received any financial assistance from the hospital or any other investor in the hospital for the purpose of investing in the hospital; and

         (8) Either:

             (I) The governing body of every other hospital that regularly provides surgical services to residents of the county in which the surgical hospital is located has issued its written general consent to the referral by such physicians of patients to that surgical hospital; or

             (II) The board of county commissioners of the county in which the surgical hospital is located has issued a written declaration of its reasonable belief that the referral by such physicians of patients to that surgical hospital will not, during the 5-year period immediately following the commencement of such referrals, have a substantial adverse financial effect on any other hospital that regularly provides surgical services to residents of that county.

    3.  A person who violates the provisions of this section is guilty of a misdemeanor.

    4.  The provisions of this section do not prohibit a practitioner from owning and using equipment in his office solely to provide to his patients services or goods related to health care.

    5.  As used in this section:

    (a) “Group practice” means two or more practitioners who organized as a business entity in accordance with the laws of this state to provide services related to health care, if:

         (1) Each member of the group practice provides substantially all of the services related to health care that he routinely provides, including, without limitation, medical care, consultations, diagnoses and treatment, through the joint use of shared offices, facilities, equipment and personnel located at any site of the group practice;

         (2) Substantially all of the services related to health care that are provided by the members of the group practice are provided through the group practice; and

         (3) No member of the group practice receives compensation based directly on the volume of any services or goods related to health care which are referred to the group practice by that member.

    (b) “Patient” means a person who consults with or is examined or interviewed by a practitioner or health facility for purposes of diagnosis or treatment.


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

κ2001 Statutes of Nevada, Page 1074 (Chapter 238, SB 406)κ

 

    (c) “Substantial adverse financial effect” includes, without limitation, a projected decline in the revenue of a hospital as a result of the loss of its surgical business, which is sufficient to cause a deficit in any cash balances, fund balances or retained earnings of the hospital.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 239, SB 499

Senate Bill No. 499–Committee on Finance

 

CHAPTER 239

 

AN ACT relating to state parks; eliminating the parks marina development fund; expanding the permissible uses of money received from the tax on motor vehicle fuel used in watercraft for recreational purposes; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 365.535 is hereby amended to read as follows:

    365.535  1.  It is declared to be the policy of the State of Nevada to apply the tax on motor vehicle fuel paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the [improvement] :

    (a) Improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities [associated with boating and for the payment] located in any state park that includes a body of water used for recreational purposes; and

    (b) Payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.

    2.  The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the department by use of the following formula:

    (a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat;

    (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann College of Agriculture, University of Nevada, Reno; and

    (c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for recreational purposes, less the percentage of the tax authorized to be deducted by the dealer pursuant to NRS 365.330.

    3.  The division of wildlife of the state department of conservation and natural resources shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution, in writing, to the division of wildlife of the state department of conservation and natural resources and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.


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

κ2001 Statutes of Nevada, Page 1075 (Chapter 239, SB 499)κ

 

shall certify the ratio for apportionment and distribution, in writing, to the division of wildlife of the state department of conservation and natural resources and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.

    4.  In each fiscal year, the state treasurer shall, upon receipt of the tax money from the department collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive, allocate the amount determined pursuant to subsection 2, in proportions directed by the legislature, to:

    (a) The wildlife account in the state general fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating . [on state owned wildlife management areas. Any of this money declared by the division of wildlife of the state department of conservation and natural resources to be] Any money received in excess of [its immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources in accordance with the provisions of paragraph (b).] the amount authorized by the legislature to be expended for such purposes must be retained in the wildlife account.

    (b) The [parks marina development fund which is hereby created as a special revenue fund for use by the] division of state parks of the state department of conservation and natural resources. [All money so deposited to the credit of the division of state parks] Such money may be expended only as authorized by the legislature for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities [associated with boating.

    5.  Money that the state treasurer is required to allocate pursuant to the provisions of subsection 4 may be paid quarterly or oftener if convenient to the state treasurer.] located in any state park that includes a body of water used for recreational purposes.

    Sec. 2.  NRS 407.069 is hereby amended to read as follows:

    407.069  In the utilization of the money received pursuant to the provisions of NRS 365.535, the administrator, subject to the approval of the director, may execute agreements with federal and state agencies, counties and special districts for the development, improvement, operation and maintenance of boating facilities and other outdoor recreational facilities [associated with boating.] located in any state park that includes a body of water used for recreational purposes.

    Sec. 3.  Section 97 of chapter 224, Statutes of Nevada 1999, at page 1017, is hereby amended to read as follows:

    Sec. 97.  NRS 365.535 is hereby amended to read as follows:

    365.535  1.  It is declared to be the policy of the State of Nevada to apply the tax on motor vehicle fuel paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the:

    (a) Improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities located in any state park that includes a body of water used for recreational purposes; and

    (b) Payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.


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

κ2001 Statutes of Nevada, Page 1076 (Chapter 239, SB 499)κ

 

    2.  The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the department by use of the following formula:

    (a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat;

    (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann College of Agriculture, University of Nevada, Reno; and

    (c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for recreational purposes, less the percentage of the tax authorized to be deducted by the [dealer] supplier pursuant to NRS 365.330.

    3.  The division of wildlife of the state department of conservation and natural resources shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution, in writing, to the division of wildlife of the state department of conservation and natural resources and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.

    4.  In each fiscal year, the state treasurer shall, upon receipt of the tax money from the department collected pursuant to the provisions of NRS [365.170 to 365.190, inclusive,] 365.180, 365.185 and 365.190 and section 59 of this act allocate the amount determined pursuant to subsection 2, in proportions directed by the legislature, to:

    (a) The wildlife account in the state general fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating. Any money received in excess of the amount authorized by the legislature to be expended for such purposes must be retained in the wildlife account.

    (b) The division of state parks of the state department of conservation and natural resources. Such money may be expended only as authorized by the legislature for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities located in any state park that includes a body of water used for recreational purposes.

    Sec. 4.  This act becomes effective on July 1, 2001.

________

 


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

κ2001 Statutes of Nevada, Page 1077κ

 

CHAPTER 240, AB 556

Assembly Bill No. 556–Committee on Government Affairs

 

CHAPTER 240

 

AN ACT relating to the administration of public agencies; expanding the authority of the state board of examiners to make certain emergency expenditures, to waive certain requirements regarding contracts for the services of independent contractors and to authorize its clerk to take certain actions on its behalf; requiring the clerk to make periodic reports of his determinations regarding certain of those actions; requiring certain agreements for interlocal cooperation between public agencies to be in writing; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 353.057 is hereby amended to read as follows:

    353.057  1.  The state board of examiners may authorize [the establishment of] its clerk, under such circumstances as it deems appropriate, to authorize a state agency to establish a petty cash account [not to exceed $250 by any state agency] of not more than $250 out of the agency’s budgeted resources.

    2.  If a petty cash account is authorized for any state agency [, the state board of examiners] pursuant to this section, the clerk shall:

    (a) Define the purposes for which the petty cash account may be used; and

    (b) Provide that replenishment claims must be paid from the agency’s budgeted resources and processed as other claims against the state are paid.

    Sec. 2.  NRS 353.097 is hereby amended to read as follows:

    353.097  1.  As used in this section , “stale claim” means a claim which is presented by a state agency to the state board of examiners after the date on which it is provided by law that money appropriated to that state agency for the previous fiscal year reverts to the fund from which appropriated.

    2.  There is hereby created a stale claims account in the state general fund. Money for the account must be provided by direct legislative appropriation.

    3.  Upon the approval of a stale claim [by the state board of examiners,] as provided in this section, the claim must be paid from the stale claims account. Payments of stale claims for a state agency must not exceed the amount of money reverted to the fund from which appropriated by the state agency for the fiscal year in which the obligations represented by the stale claims were incurred.

    4.  A stale claim must be approved for payment from the stale claims account by the state board of examiners, except that the state board of examiners may authorize its clerk, under such circumstances as it deems appropriate, to approve stale claims on behalf of the board. A state agency that is aggrieved by a determination of the clerk to deny all or any part of a stale claim may appeal that determination to the state board of examiners.

    5.  A stale claim may be approved and paid at any time, despite the age of the claim, if payable from available federal grants or from a permanent fund in the state treasury other than the state general fund.


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

κ2001 Statutes of Nevada, Page 1078 (Chapter 240, AB 556)κ

 

    Sec. 3.  NRS 353.110 is hereby amended to read as follows:

    353.110  1.  Whenever an amount has been paid into a county treasury for taxes which exceeds the amount required by law to be paid for the applicable tax year, and all or part of the amount so paid has been deposited in the state treasury, a claim for refund of that portion of the overpayment which has been deposited in the state treasury may be made only to the state board of examiners.

    2.  Whenever an overpayment of a license fee, tax or other charge has been made to any state agency or officer, except under the circumstances specified in subsection 1, the agency or officer may, subject to the provisions of any other applicable law, refund the amount of the overpayment after obtaining the approval of the state board of examiners [.] , except that the state board of examiners may authorize its clerk, under such circumstances as it deems appropriate, to approve such a refund on behalf of the board. A state agency or officer who is aggrieved by a determination of the clerk to deny all or any part of such a refund may appeal that determination to the state board of examiners.

    Sec. 4.  NRS 353.145 is hereby amended to read as follows:

    353.145  1.  If a [state controller’s] warrant of the state controller has been canceled pursuant to the provisions of NRS 353.130, [after a period of 1 year from the date of the original warrant,] the person in whose favor the warrant was drawn may , within 1 year after the date of the original warrant, renew his claim against the state, in the amount of the warrant which was canceled, by presenting [it to] the claim for approval by the state board of examiners [.] , except that the state board of examiners may authorize its clerk, under such circumstances as it deems appropriate, to approve such a claim on behalf of the board. A person who is aggrieved by a determination of the clerk to deny all or any part of such a claim may appeal that determination to the state board of examiners.

    2.  If a claim is approved [by the state board of examiners,] pursuant to this section, payment of the claim may be made out of the stale claims account as provided in NRS 353.097.

    Sec. 5.  NRS 353.190 is hereby amended to read as follows:

    353.190  1.  In addition to his other duties, the chief is ex officio clerk of the state board of examiners. Except as otherwise provided in subsection 4 of NRS 41.036, the chief shall:

    (a) Assist the state board of examiners in the examination, classification and preparation for audit of all the claims required to be presented to the board.

    (b) Conduct an effective check and preaudit of all those claims before they are submitted to the board.

    (c) Approve, on behalf of and when authorized by the board, claims against the state not required to be passed upon by the legislature.

    (d) Each calendar quarter, provide to the board a report of his determinations regarding any claims, refunds or other payments the board has authorized him to approve on its behalf.

    2.  The rules of procedure governing the duties of the chief pursuant to this section must be adopted by the state board of examiners.

    3.  The chief may delegate these duties to his deputy.

    Sec. 6.  NRS 353.263 is hereby amended to read as follows:

    353.263  1.  As used in this section, “emergency” means invasion, disaster, insurrection, riot, breach of the peace, substantial threat to life or property, epidemic or the imminent danger thereof.


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

κ2001 Statutes of Nevada, Page 1079 (Chapter 240, AB 556)κ

 

property, epidemic or the imminent danger thereof. The term includes damage to or the disintegration of a building owned by this state or of the mechanical or electrical system of such a building when immediate repairs are necessary to maintain the integrity of the structure or its mechanical or electrical system.

    2.  The emergency account is hereby created in the state general fund. Money for the account must be provided by direct legislative appropriation.

    3.  When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, the board may authorize [the expenditure of not more than $50,000] an expenditure from the emergency account to meet the emergency.

    4.  The chief shall enumerate expenditures from the account made in the preceding biennium in each executive budget report.

    Sec. 7.  NRS 353.264 is hereby amended to read as follows:

    353.264  1.  The reserve for statutory contingency account is hereby created in the state general fund.

    2.  The state board of examiners shall administer the reserve for statutory contingency account . [, and the] The money in the account must be expended only for:

    (a) The payment of claims which are obligations of the state pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;

    (b) The payment of claims which are obligations of the state pursuant to:

         (1) Chapter 472 of NRS arising from operations of the division of forestry of the state department of conservation and natural resources directly involving the protection of life and property; and

         (2) NRS 7.155, 34.750, 176A.640, 178.465, 179.225, 213.153 and 293B.210,

[but the claims must] except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

    (c) The payment of claims which are obligations of the state pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the fund for insurance premiums is insufficient to pay the claims; and

    (d) The payment of claims which are obligations of the state pursuant to NRS 535.030 arising from remedial actions taken by the state engineer when the condition of a dam becomes dangerous to the safety of life or property.

    3.  The state board of examiners may authorize its clerk, under such circumstances as it deems appropriate, to approve, on behalf of the board, the payment of claims from the reserve for statutory contingency account. For the purpose of exercising any authority granted to the clerk of the state board of examiners pursuant to this subsection, any statutory reference to the state board of examiners relating to such a claim shall be deemed to refer to the clerk of the board.

    Sec. 8.  NRS 277.110 is hereby amended to read as follows:

    277.110  Except as limited by NRS 280.105:

    1.  Any power, privilege or authority exercised or capable of exercise by a public agency of this state, including , but not limited to , law enforcement, may be exercised jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise.


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

κ2001 Statutes of Nevada, Page 1080 (Chapter 240, AB 556)κ

 

the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this state when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by NRS 277.080 to 277.180, inclusive, upon a public agency.

    2.  Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of NRS 277.080 to 277.170, inclusive. Those agreements become effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies. If it is reasonably foreseeable that a participating public agency will be required to expend $2,000 or more to carry out such an agreement, the agreement must be in writing.

    Sec. 9.  NRS 277.140 is hereby amended to read as follows:

    277.140  As conditions precedent to the entry into force of any agreement made pursuant to NRS 277.080 to 277.170, inclusive:

    1.  [Such agreement shall] The agreement must be submitted to the attorney general, who shall determine whether it is in proper form and compatible with the laws of this state. The attorney general shall set forth in detail , in writing , addressed to the governing bodies of the public agencies concerned , any specific respects in which he finds that the proposed agreement fails to meet the requirements of law. [Failure] Any failure by the attorney general to disapprove an agreement submitted under the provisions of this section within 30 days after its submission shall be deemed to constitute his approval.

    2.  [Such agreement shall] If the agreement is in writing, it must be filed with the county recorder of each county in which a participating political subdivision of this state is located, and with the secretary of state.

    Sec. 10.  NRS 277.180 is hereby amended to read as follows:

    277.180  1.  Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such a contract must [be] :

    (a) Be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force. [Such a contract must set]

    (b) Set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. If it is reasonably foreseeable that a contracting party will be required to expend $2,000 or more to carry out the contract, the contract must be in writing.

    2.  The authorized purposes of agreements made pursuant to subsection 1 include, but are not limited to:

    (a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.

    (b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.


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

κ2001 Statutes of Nevada, Page 1081 (Chapter 240, AB 556)κ

 

comfort, safety, life, welfare and property of the inhabitants of the counties and cities.

    (c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.

    (d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.

    (e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.

    (f) The joint and cooperative use of law enforcement agencies.

    (g) The joint use or operation of a system of public transportation.

    3.  Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.

    Sec. 11.  NRS 284.173 is hereby amended to read as follows:

    284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors. Except as otherwise provided by specific statute, each contract for services must be awarded pursuant to the provisions of chapter 333 of NRS.

    2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

    3.  For the purposes of this section:

    (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.

    (b) There must be no:

         (1) Withholding of income taxes by the state;

         (2) Coverage for industrial insurance provided by the state;

         (3) Participation in group insurance plans which may be available to employees of the state;

         (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

         (5) Accumulation of vacation leave or sick leave; or

         (6) Coverage for unemployment compensation provided by the state if the requirements of NRS 612.085 for independent contractors are met.


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

κ2001 Statutes of Nevada, Page 1082 (Chapter 240, AB 556)κ

 

    4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

    5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than [$750.] $2,000.

    6.  Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, [but] except that the state board of examiners may authorize its clerk or his designee to approve contracts which are:

    (a) For amounts less than [$5,000] $10,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000.

    (b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.

The state board of examiners shall adopt regulations to carry out the provisions of this section.

    7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

    (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.

    (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings if the contracting process was controlled by the rules of open competitive bidding.

    (c) Contracts executed by the housing division of the department of business and industry.

    (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

    8.  The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:

    (a) Whether sufficient authority exists to expend the money required by the contract; and

    (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.

    9.  If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.

    Sec. 12.  NRS 475.230 is hereby amended to read as follows:

    475.230  1.  Any fire department which engages in fighting a fire on property owned by the state within the jurisdictional limits of the fire department may submit a claim to the [secretary of the] state board of examiners to recover any direct expenses and losses incurred as a result of fighting that fire.


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

κ2001 Statutes of Nevada, Page 1083 (Chapter 240, AB 556)κ

 

department may submit a claim to the [secretary of the] state board of examiners to recover any direct expenses and losses incurred as a result of fighting that fire.

    2.  The claim must include:

    (a) The name, address and jurisdictional limits of the fire department;

    (b) The name, address and telephone number of the person making the claim on behalf of the fire department;

    (c) The name and address, if known, of the state agency having jurisdiction over the property on which the fire occurred;

    (d) The exact location of the fire;

    (e) A description of the property burned;

    (f ) The number and classification of the personnel and the number and type of equipment used to fight the fire;

    (g) A copy of the fire report; and

    (h) An itemized list of direct expenses and losses incurred while fighting the fire, including the purchase cost, estimated cost of repairs and a statement of depreciated value immediately preceding and after the damage to or destruction of any equipment and the extent of any insurance coverage.

    3.  As used in this section, “direct expenses and losses” means certain expenses and losses which were incurred while fighting a fire on property owned by the state. The term is limited to:

    (a) The depreciated value, if any, of any equipment or vehicle which was damaged or destroyed; and

    (b) If the employer maintains a plan which supplements coverage for workers’ compensation provided pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS by a private carrier and, if the benefits are provided from public money and not by an insurer, any injury or death benefits which would have been paid by the employer from public money.

    Sec. 13.  Section 1 of Assembly Bill No. 128 of this session is hereby amended to read as follows:

    Section 1.  NRS 277.180 is hereby amended to read as follows:

    277.180  1.  Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such a contract must:

    (a) Be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force ; [.]

    (b) Set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties [.] ; and

    (c) If an agency of this state is a party to the contract, be approved by the attorney general as to form and compliance with law.

If it is reasonably foreseeable that a contracting party will be required to expend $2,000 or more to carry out the contract, the contract must be in writing.

    2.  The authorized purposes of agreements made pursuant to subsection 1 include, but are not limited to:

    (a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.


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

κ2001 Statutes of Nevada, Page 1084 (Chapter 240, AB 556)κ

 

    (b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.

    (c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.

    (d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.

    (e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.

    (f) The joint and cooperative use of law enforcement agencies.

    (g) The joint use or operation of a system of public transportation.

    3.  Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.

    Sec. 14.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 241, AB 582

Assembly Bill No. 582–Committee on Judiciary

 

CHAPTER 241

 

AN ACT relating to criminal procedure; revising the provisions pertaining to the competency of defendants; eliminating the sanity commission; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 178.425 is hereby amended to read as follows:

    178.425  1.  If the court finds the defendant incompetent, and that he is dangerous to himself or to society or that commitment is required for a determination of his ability to attain competence, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the administrator of the division of mental health and developmental services of the department of human resources or his designee for detention and treatment at a secure facility operated by that division.


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

κ2001 Statutes of Nevada, Page 1085 (Chapter 241, AB 582)κ

 

sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the administrator of the division of mental health and developmental services of the department of human resources or his designee for detention and treatment at a secure facility operated by that division.

    2.  The defendant must be held in such custody until a court orders his release or until he is returned for trial or judgment as provided in NRS 178.450 to [178.465,] 178.460, inclusive.

    3.  If the court finds the defendant incompetent but not dangerous to himself or to society, and finds that commitment is not required for a determination of the defendant’s ability to attain competence, the judge shall order the defendant to report to the administrator or his designee as an outpatient for treatment, if it might be beneficial, and for a determination of his ability to attain competence. The court may require the defendant to give bail for his periodic appearances before the administrator [.] or his designee.

    4.  Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the [sanity commission] administrator or his designee or, if the defendant is charged with a misdemeanor, the judge finds him capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.

    5.  Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection [3] 4 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought after a period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has lapsed since the date of the alleged offense.

    Sec. 2.  NRS 178.435 is hereby amended to read as follows:

    178.435  The expenses of the examination and of the transportation of the defendant to and from the custody of the administrator of the division of mental health and developmental services of the department of human resources or his designee are in the first instance chargeable to the county or city from which he has been sent. But the county or city may recover the money from the estate of the defendant, from a relative legally bound to care for him or from the county or city of which he is a resident.

    Sec. 3.  NRS 178.450 is hereby amended to read as follows:

    178.450  1.  The administrator of the division of mental health and developmental services of the department of human resources or his designee shall keep each defendant committed to his custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to him as an outpatient under those sections evaluated periodically.

    2.  The administrator or his designee shall [notify] report in writing to a judge of the court which committed the person and the prosecuting attorney of the county or city to which the person may be returned for further court action whether, in his opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him and, by reason thereof, is able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter. The administrator or his designee shall submit such a [notification,] report, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection [3] 4 of NRS 178.460, and at monthly intervals thereafter.


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

κ2001 Statutes of Nevada, Page 1086 (Chapter 241, AB 582)κ

 

[notification,] report, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection [3] 4 of NRS 178.460, and at monthly intervals thereafter. In all other cases, the initial [notification] report must be submitted within 6 months after the order and at 6-month intervals thereafter. If the [administrator’s] opinion of the administrator or his designee about the defendant is that he is not of sufficient mentality to understand the nature of the charge against him and assist in his own defense, the administrator or his designee shall also include in the [notice] report his opinion whether:

    (a) There is a substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

    (b) The defendant is at that time a danger to himself or to society.

    3.  The [notice may be informal, but] report must contain:

    (a) The name of the defendant and the county or city to which he may be returned for further court action.

    (b) The circumstances under which he was committed to the custody of the administrator or his designee and the duration of his hospitalization, or the circumstances under which he was ordered to report to the administrator or his designee as an outpatient.

    Sec. 4.  NRS 178.455 is hereby amended to read as follows:

    178.455  1.  [The judge, upon receiving the written notice of the administrator of the division of mental health and developmental services of the department of human resources that the defendant is of sufficient mentality to be placed upon trial or receive pronouncement of judgment, or that he is not of sufficient mentality and there is no substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future, shall, except as otherwise provided in subsection 4, within a period not to exceed 20 days, impanel a sanity commission composed of three persons, each of whom is a psychiatrist or psychologist, but not including members of the medical staff of the division of mental health and developmental services, who, in the opinion of the judge, are qualified to examine the person with respect to his mental condition.

    2.  The sanity commission shall, within 20 days, examine the person designated by the judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination, the commission shall return to the judge its reports in writing, which must be signed by the respective members of the commission and contain, without limitation, specific findings and opinion upon:] Except as otherwise provided for persons charged with or convicted of a misdemeanor, the administrator of the division of mental health and developmental services of the department of human resources or his designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team to evaluate the defendant. The administrator or his designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist and not a member of the treatment team. Upon the completion of the evaluation and treatment of the defendant, the administrator or his designee shall report to the court in writing his specific findings and opinion upon:


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

κ2001 Statutes of Nevada, Page 1087 (Chapter 241, AB 582)κ

 

    (a) Whether the person is of sufficient mentality to understand the nature of the offense charged;

    (b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and

    (c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he will attain competency in the foreseeable future.

    [3.  Members of the sanity commission shall report individually.

Copies of the reports]

    2.  A copy of the report must be [sent to] :

    (a) Maintained by the administrator of the division of mental health and developmental services [to be] or his designee and incorporated in the medical record of the person [,] ; and

    (b) Sent to the office of the district attorney [,] and to the counsel for the outpatient or person committed.

    [4.] 3.  In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the [notice] report set forth in NRS 178.450 from the administrator of the division of mental health and developmental services [:] or his designee:

    (a) Send a copy of the [administrator’s notice] report by the administrator or his designee to the prosecuting attorney and to the defendant’s counsel;

    (b) [Without the assistance of a sanity commission, hold] Hold a hearing, if one is requested within 10 days after the [notice] report is sent pursuant to paragraph (a), at which the attorneys may examine the administrator or his designee or the members of the defendant’s treatment team on [his determination;] the determination of the report; and

    (c) Within 10 days after the hearing, if any, or 20 days after the [notice] report is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection [3] 4 of NRS 178.460.

    Sec. 5.  NRS 178.460 is hereby amended to read as follows:

    178.460  1.  If requested by the district attorney or counsel for the defendant within 10 days after the [reports of the sanity commission are] report by the administrator or his designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the [sanity commission] treatment team on their [reports.] report.

    2.  If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the division of mental health and developmental services of the department of human resources to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

    3.  Within 10 days after the hearing or 20 days after the [reports are] report is sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:

    (a) Whether there is substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

    (b) Whether the defendant is at that time a danger to himself or to society.


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

κ2001 Statutes of Nevada, Page 1088 (Chapter 241, AB 582)κ

 

    [3.] 4.  If the judge finds the defendant:

    (a) Competent, the judge shall, within 10 days, forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and [arrange] prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be. [The defendant must not be returned more than 30 days before the date set for the trial or pronouncement of judgment which must be within 60 days after the receipt of the findings of the sanity commission, or if the case is a misdemeanor, within 60 days after the judge received the notice from the administrator pursuant to subsection 1 of NRS 178.455.]

    (b) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, the judge shall recommit the defendant.

    (c) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

    (d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.

    [4.] 5.  No person who is committed under the provisions of this chapter may be held in the custody of the administrator of the division of mental health and developmental services of the department of human resources or his designee longer than the longest period of incarceration provided for the crime or crimes with which he is charged. Upon expiration of the period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.

    Sec. 6.  NRS 353.264 is hereby amended to read as follows:

    353.264  1.  The reserve for statutory contingency account is hereby created in the state general fund.

    2.  The state board of examiners shall administer the reserve for statutory contingency account, and the money in the account must be expended only for:

    (a) The payment of claims which are obligations of the state pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;

    (b) The payment of claims which are obligations of the state pursuant to:

         (1) Chapter 472 of NRS arising from operations of the division of forestry of the state department of conservation and natural resources directly involving the protection of life and property; and


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

κ2001 Statutes of Nevada, Page 1089 (Chapter 241, AB 582)κ

 

         (2) NRS 7.155, 34.750, 176A.640, [178.465,] 179.225, 213.153 and 293B.210,

but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

    (c) The payment of claims which are obligations of the state pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the fund for insurance premiums is insufficient to pay the claims; and

    (d) The payment of claims which are obligations of the state pursuant to NRS 535.030 arising from remedial actions taken by the state engineer when the condition of a dam becomes dangerous to the safety of life or property.

    Sec. 7.  NRS 178.465 is hereby repealed.

    Sec. 8.  This act becomes effective upon passage and approval.

________

 

CHAPTER 242, AB 318

Assembly Bill No. 318–Committee on Education

 

CHAPTER 242

 

AN ACT relating to education; requiring the department of education to develop an informational pamphlet for the high school proficiency examination; requiring the distribution of the pamphlet to pupils and parents and legal guardians; requiring the department to establish a statewide program for use by schools and school districts in their preparation of pupils for the high school proficiency examination; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.  

    Sec. 2.  1.  The department shall develop an informational pamphlet concerning the high school proficiency examination for pupils who are enrolled in junior high, middle school and high school, and their parents and legal guardians. The pamphlet must include a written explanation of the:

    (a) Importance of passing the examination, including, without limitation, an explanation that if the pupil fails the examination he is not eligible to receive a standard high school diploma;

    (b) Subject areas tested on the examination;

    (c) Format for the examination, including, without limitation, the range of items that are contained on the examination;

    (d) Manner by which the scaled score, as reported to pupils and their parents or legal guardians, is derived from the raw score;

    (e) Timeline by which the results of the examination must be reported to pupils and their parents or legal guardians;

    (f) Maximum number of times that a pupil is allowed to take the examination if he fails to pass the examination after the first administration; and


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

κ2001 Statutes of Nevada, Page 1090 (Chapter 242, AB 318)κ

 

    (g) Courses of study that the department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the examination and pass the examination.

    2.  The department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as it considers necessary to ensure that pupils and their parents or legal guardians fully understand the examination.

    3.  On or before September 1, the department shall provide a copy of the pamphlet or revised pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils enrolled in a junior high, middle school or high school grade level.

    4.  The board of trustees of each school district shall provide a copy of the pamphlet to each junior high, middle school or high school within the school district for posting. The governing body of each charter school shall ensure that a copy of the pamphlet is posted at the charter school. Each principal of a junior high, middle school, high school or charter school shall ensure that the teachers, counselors and administrators employed at the school fully understand the contents of the pamphlet.

    5.  On or before January 15, the:

    (a) Board of trustees of each school district shall provide a copy of the pamphlet to each pupil who is enrolled in a junior high, middle school or high school of the school district and to the parents or legal guardians of such a pupil.

    (b) Governing body of each charter school shall provide a copy of the pamphlet to each pupil who is enrolled in the charter school at a junior high, middle school or high school grade level and to the parents or legal guardians of such a pupil.

    Sec. 3.  1.  The department shall establish a statewide program for use by schools and school districts in their preparation of pupils for the high school proficiency examination. The program must:

    (a) Be designed to ensure that pupils understand the format for the examination;

    (b) Be designed to ensure that the actual examination is not included within the materials and other information used for preparation; and

    (c) Specify the type of sample questions and practice items that may be included with the materials and other information used for preparation.

    2.  Each school district, each middle school, junior high and high school within a school district and each charter school that provides instruction to pupils enrolled in a middle school, junior high or high school grade level, shall comply with the statewide program established pursuant to subsection 1. This subsection does not preclude a school or a school district from providing additional materials and information for preparation if the materials and information comply with the statewide program.

    Sec. 4.  1.  On or before September 1, 2001, the department of education shall develop an informational pamphlet concerning the high school proficiency examination pursuant to section 2 of this act. On or before October 1, 2001, the department of education shall provide a copy of the pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils who are enrolled in a junior high, middle school or high school grade level.


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

κ2001 Statutes of Nevada, Page 1091 (Chapter 242, AB 318)κ

 

    2.  On or before September 1, 2001, the department of education shall establish a statewide program for use by schools and school districts in their preparation of pupils for the high school proficiency examination pursuant to section 3 of this act. On or before October 1, 2001, the department of education shall provide a detailed written explanation of the statewide program to the board of trustees of each school district and the governing body of each charter school that includes pupils who are enrolled in a junior high, middle school or high school grade level.

    Sec. 5.  1.  On or before January 15, 2002, the board of trustees of each school district and the governing body of each charter school that includes pupils who are enrolled in a junior high, middle school or high school grade level, shall provide a copy of the pamphlet developed pursuant to section 2 of this act to each pupil enrolled in a junior high, middle school or high school and to the parents or legal guardians of such a pupil.

    2.  Each school district, each middle school, junior high and high school within a school district and each charter school that provides instruction to pupils enrolled in a middle school, junior high or high school grade level, shall comply with the statewide program for the preparation of pupils for the high school proficiency examination established by the department of education pursuant to section 3 of this act commencing with preparation that is provided for administrations of the examination in the spring semester of 2002.

    Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 243, AB 534

Assembly Bill No. 534–Committee on Transportation

 

CHAPTER 243

 

AN ACT relating to regional transportation commissions; increasing the membership of the regional transportation commission in certain less populous counties; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 373.040 is hereby amended to read as follows:

    373.040  1.  In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities from among their members:

    (a) Two by the board.

    (b) Two by the governing body of the largest city.

    (c) One by the governing body of each additional city in the county.

    2.  In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

    (a) If the county contains [a] three or more cities:


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

κ2001 Statutes of Nevada, Page 1092 (Chapter 243, AB 534)κ

 

         (1) Two by the board.

         (2) One by the governing body of the largest city.

    (b) If the county contains only two cities:

         (1) Three by the board, at least one of whom is a representative of the public who is a resident of the county.

         (2) One by the governing body of each city in the county.

    (c) If the county contains only one city:

         (1) Two by the board.

         (2) One by the governing body of the [largest city.

    (b)] city.

    (d) If the county contains no city, the board shall select:

         (1) Two members of the board; and

         (2) One representative of the public, who is a resident of the largest town, if any, in the county.

    3.  In Carson City, the commission must be composed of representatives selected by the board of supervisors as follows:

    (a) Two members of the board of supervisors, one of whom must be designated by the commission to serve as chairman of the commission.

    (b) Three representatives of the city at large.

    4.  The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsections 5, 6 and 7, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection 7, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

    5.  In Carson City:

    (a) One representative of the commission who is a member of the board of supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

    (b) One representative of the commission who is a member of the board of supervisors and two representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

    6.  In counties whose population is 100,000 or more, but less than 400,000:

    (a) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an even-numbered year; and

    (b) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an odd-numbered year.

    7.  In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.


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

κ2001 Statutes of Nevada, Page 1093 (Chapter 243, AB 534)κ

 

    Sec. 2.  The additional representatives required by the amendatory provisions of section 1 of this act to be selected to serve as members of the regional transportation commission of a county whose population is less than 100,000 that contains only two cities must be selected as soon as practicable after July 1, 2001, and must serve until December 31, 2002.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 244, AB 135

Assembly Bill No. 135–Assemblymen Dini and Perkins

 

CHAPTER 244

 

AN ACT relating to insurance; making various changes to the provisions governing the investigation and prosecution of insurance fraud; providing that an insurer and certain other organizations and persons shall be deemed to be victims in cases involving insurance fraud for purposes of restitution; requiring the establishment of a fraud control unit for insurance within the office of the attorney general; defining the duties of the fraud control unit; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.

    Sec. 2.  As used in NRS 679B.153 to 679B.158, inclusive, and sections 2 to 6.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Fraud control unit” means the fraud control unit for insurance established by the attorney general pursuant to section 27 of this act.

    Sec. 4.  “Insurance fraud” has the meaning ascribed to it in section 14 of this act.

    Sec. 5.  Nothing in section 27 of this act limits or diminishes the exclusive jurisdiction of the commissioner otherwise granted by statute to investigate or take administrative or civil action:

    1.  For any violation of this Title by any person or entity who is or has been licensed by the commissioner pursuant to this Title;

    2.  Against any person or entity who is or has been engaged in the business of insurance without a license as required by this Title, including, without limitation, the unauthorized transaction of insurance in violation of chapter 685B of NRS; or

    3.  Against any person or entity as the commissioner deems appropriate.

    Sec. 6.  (Deleted by amendment.)

    Sec. 6.5.  1.  All records and other information related to an investigation conducted by the attorney general and the fraud control unit for the prosecution of insurance fraud are confidential unless:

    (a) The attorney general releases, in such manner as he deems appropriate, all or any part of the records or information for public inspection after determining that the release of the records or information:


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

κ2001 Statutes of Nevada, Page 1094 (Chapter 244, AB 135)κ

 

         (1) Will not harm the investigation or the person who is being investigated; or

         (2) Serves the interests of a policyholder, the shareholders of the insurer or the public; or

    (b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the fraud control unit.

    2.  The attorney general may classify as confidential specific records and other information if the records or other information was obtained from a governmental agency or other source upon the express condition that the contents would remain confidential.

    3.  All information and documents in the possession of the attorney general and the fraud control unit that are related to cases or matters under investigation are confidential for the duration of the investigation and may not be made public unless the attorney general finds the existence of an imminent threat of harm to the safety or welfare of the policyholder, shareholders or the public and determines that the interests of the policyholder, shareholders or the public will be served by publication thereof, in which event he may make a record public or publish all or any part of the record in any manner he deems appropriate.

    Sec. 7.  NRS 679B.155 is hereby amended to read as follows:

    679B.155  To investigate [fraudulent claims for benefits from a policy of insurance,] violations of the provisions of this Title, or to assist the attorney general or other local, state or federal investigative and law enforcement agencies in investigating an act of insurance fraud, the commissioner may:

    1.  Designate employees of the division as investigators to carry out the provisions of NRS 679B.153 to 679B.158, inclusive [.] , and sections 2 to 6.5, inclusive, of this act.

    2.  Conduct investigations into such activities occurring outside this state, if necessary. To conduct these investigations, the commissioner or his investigators may:

    (a) Travel outside this state;

    (b) Cooperate with appropriate agencies or persons outside this state; or

    (c) Designate those agencies to conduct investigations for the commissioner.

    3.  Assist officials of investigative or law enforcement agencies of any other state or the Federal Government who are investigating fraudulent claims and who request assistance from the commissioner.

    Sec. 8.  NRS 679B.156 is hereby amended to read as follows:

    679B.156  1.  Every person in charge of an investigative or law enforcement agency within this state shall [cooperate] :

    (a) Cooperate with the commissioner [or] and his investigators [and shall furnish the commissioner, upon his] , and the attorney general and the members of the fraud control unit; and

    (b) Upon request, furnish the commissioner or attorney general, as appropriate, with any information necessary for [his] the investigation of [fraudulent claims.] insurance fraud.

    2.  The commissioner and the attorney general shall:

    (a) Assist any official of an investigative or a law enforcement agency of this state, any other state or the Federal Government who requests assistance in investigating [fraudulent claims against an insurer;] any act of insurance fraud; and


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

κ2001 Statutes of Nevada, Page 1095 (Chapter 244, AB 135)κ

 

    (b) Furnish to those officials any information, not otherwise confidential, concerning his investigation or his report on [fraudulent claims.] insurance fraud.

    Sec. 9.  NRS 679B.157 is hereby amended to read as follows:

    679B.157  [An] Any person, governmental entity, insurer, employee or representative of an insurer, official of an investigative or law enforcement agency, employee of the division , [or] the commissioner , the attorney general or a member of the fraud control unit is not subject to a criminal penalty or subject to civil liability for libel, slander or any similar cause of action in tort if he, without malice, discloses information on a fraudulent claim or suspicious fire.

    Secs. 10-12.  (Deleted by amendment.)

    Sec. 13.  Chapter 686A of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 17, inclusive, of this act.

    Sec. 14.  “Insurance fraud” means knowingly and willfully:

    1.  Presenting or causing to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, if the person who presents or causes the presentation of the statement knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title.

    2.  Presenting or causing to be presented any statement as a part of, or in support of, a claim for payment or other benefits under a policy of insurance issued pursuant to this Title, if the person who presents or causes the presentation of the statement knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to that claim.

    3.  Assisting, abetting, soliciting or conspiring with another person to present or cause to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, if the person who assists, abets, solicits or conspires knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title or a claim for payment or other benefits under such a policy.

    4.  Acting or failing to act with the intent of defrauding or deceiving an insurer, a reinsurer, a producer, a broker or any agent thereof, to obtain a policy of insurance pursuant to this Title or any proceeds or other benefits under such a policy.

    5.  As a practitioner, an insurer or any agent thereof, acting to assist, conspire with or urge another person to commit any act or omission specified in this section through deceit, misrepresentation or other fraudulent means.

    6.  Accepting any proceeds or other benefits under a policy of insurance issued pursuant to this Title, if the person who accepts the proceeds or other benefits knows that the proceeds or other benefits are derived from any act or omission specified in this section.

    7.  Employing a person to procure clients, patients or other persons who obtain services or benefits under a policy of insurance issued pursuant to this Title for the purpose of engaging in any act or omission specified in this section, except that such insurance fraud does not include contact or communication by an insurer or his agent or representative with a client, patient or other person if the contact or communication is made for a lawful purpose, including, without limitation, communication by an insurer with a holder of a policy of insurance issued by the insurer or with a claimant concerning the settlement of any claims against the policy.


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

κ2001 Statutes of Nevada, Page 1096 (Chapter 244, AB 135)κ

 

lawful purpose, including, without limitation, communication by an insurer with a holder of a policy of insurance issued by the insurer or with a claimant concerning the settlement of any claims against the policy.

    8.  Participating in, aiding, abetting, conspiring to commit, soliciting another person to commit, or permitting an employee or agent to commit any act or omission specified in this section.

    Sec. 15.  “Investigative or law enforcement agency” includes:

    1.  The state fire marshal;

    2.  The chief or other officer of the fire department in whose jurisdiction a fire has occurred;

    3.  The district attorney of the county where any fraudulent activity has occurred or where a fraudulent claim has been made; and

    4.  Any other officer of an agency in this state who has the authority to investigate the fraudulent activity or claim.

    Sec. 16.  “Practitioner” means:

    1.  A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractor, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist or other provider of health services who is authorized to engage in his occupation by the laws of this state or another state; and

    2.  An attorney admitted to practice law in this state or any other state.

    Sec. 17.  1.  A court may, in addition to imposing the penalties set forth in NRS 193.130, order a person who is convicted of, or who pleads guilty or nolo contendere to, insurance fraud to pay:

    (a) Court costs; and

    (b) The cost of the investigation and prosecution of the insurance fraud for which the person was convicted or to which the person pleaded guilty or nolo contendere.

    2.  Any money received by the attorney general pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to pay the expenses of the fraud control unit for insurance established pursuant to section 27 of this act, and is hereby authorized for expenditure for that purpose. The money in the account does not revert to the state general fund at the end of any fiscal year and must be carried forward to the next fiscal year.

    3.  An insurer or other organization, or any other person, subject to the jurisdiction of the commissioner pursuant to this Title shall be deemed to be a victim for the purposes of restitution in a case that involves insurance fraud or that is related to a claim of insurance fraud.

    Sec. 18.  NRS 686A.281 is hereby amended to read as follows:

    686A.281  As used in NRS 686A.281 to 686A.295, inclusive, and sections 14 to 17, inclusive, of this act, unless the context otherwise requires, the [term “investigative or law enforcement agency” includes:

    1.  The state fire marshal;

    2.  The district attorney of the county where any fraudulent activity has occurred or a fraudulent claim has been made;

    3.  The chief or other officer of the fire department where a fire occurred; and

    4.  Any other agency in this state who has the authority to investigate the fraudulent claims or activities.] words and terms defined in sections 14, 15 and 16 of this act have the meanings ascribed to them in those sections.


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

κ2001 Statutes of Nevada, Page 1097 (Chapter 244, AB 135)κ

 

    Sec. 19.  NRS 686A.283 is hereby amended to read as follows:

    686A.283  1.  Any person, governmental entity, insurer or authorized representative of an insurer [, who believes, or has reason to believe, that a fraudulent claim for benefits under a policy of insurance has been made, or is about to be made] shall report any information concerning [that claim] insurance fraud to the commissioner and attorney general on a form prescribed by the commissioner [.] and attorney general.

    2.  The commissioner and attorney general shall [:] each independently:

    (a) Review each report of [a fraudulent claim;] insurance fraud; and

    (b) Determine whether an investigation should be made of the facts in the report.

    3.  During [his investigation,] their respective investigations, the commissioner and attorney general shall independently determine whether there is probable cause to believe that [there was deceit, fraud or an intentional misrepresentation of a material fact in the claim.

    4.  If the commissioner determines that the provisions of NRS 686A.010 to 686A.310, inclusive, have been violated he shall report his findings to the district attorney of the county where the violation occurred.] insurance fraud has occurred.

    4.  A district attorney of any county where fraudulent activity has occurred or is occurring or where a fraudulent claim that would constitute insurance fraud has been made may, with the permission of the attorney general or at the request of the attorney general, institute proceedings in the name of the State of Nevada.

    Sec. 20.  NRS 686A.285 is hereby amended to read as follows:

    686A.285  1.  If an insurer [believes] has a reasonable suspicion that a loss to an insured may have been caused by other than an accidental or a natural occurrence, the insurer shall notify the commissioner and attorney general in writing of the insurer’s reasons for [so believing.] the suspicion.

    2.  Any insurer making such a report shall provide the commissioner and attorney general with any information the insurer obtained during its investigation of the claim.

    3.  If the loss referred to in subsection 1 is believed to be caused by fire, the insurer shall also so notify an investigative or law enforcement agency.

    Sec. 21.  NRS 686A.287 is hereby amended to read as follows:

    686A.287  1.  Every insurer shall provide information [on a fraudulent claim] concerning insurance fraud to the attorney general, the commissioner, any investigative or law enforcement agency or any agency of the Federal Government , if the insurer receives a request in writing for that information.

    2.  The information requested from an insurer may include:

    (a) Information about the policy of insurance on the property which was demolished or destroyed, including information from the application for insurance;

    (b) Information on previous claims made by the insured;

    (c) Records of the premiums paid for the policy of insurance; and

    (d) Information concerning the insurer’s investigation of the claim, including statements of any person, information submitted as proof of the loss or any other relevant information on the claim.

    Sec. 22.  NRS 686A.289 is hereby amended to read as follows:

    686A.289  1.  Any insurer giving information to the attorney general, the commissioner or any investigative or law enforcement agency concerning


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

κ2001 Statutes of Nevada, Page 1098 (Chapter 244, AB 135)κ

 

an act or omission alleged [fraudulent claim] to be insurance fraud is entitled to receive, upon completion of the investigation or prosecution of the [claim,] insurance fraud, whichever occurs later, any relevant information concerning the [claim.] fraudulent activity.

    2.  The attorney general, the commissioner or any investigative or law enforcement agency receiving information from another person, agency or insurer shall:

    (a) Keep the information confidential and not release the information except pursuant to subsection 1;

    (b) Provide information concerning its investigation of the [claim] insurance fraud to the insurer reporting the [claim] fraudulent activity upon the completion of its investigation or a criminal prosecution, whichever occurs later; and

    (c) Provide any documents necessary or allow its employees or agents to testify in any action by or against the insurer if the insurer or its insured furnished the information for the investigation or a criminal prosecution.

    Sec. 23.  NRS 686A.291 is hereby amended to read as follows:

    686A.291  [1.  A person commits insurance fraud if he knowingly and willfully:

    (a) Presents or causes to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, known by him to contain false, incomplete or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title.

    (b) Presents or causes to be presented any statement as a part of, or in support of, a claim for payment or other benefits under a policy of insurance issued pursuant to this Title, known by him to contain false, incomplete or misleading information concerning any fact material to that claim.

    (c) Assists, abets, solicits or conspires with another person to present or cause to be presented any statement to an insurer, reinsurer, producer, broker or any agent thereof, known by him to contain false, incomplete or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title or a claim for payment or other benefits under such a policy.

    (d) Acts or fails to act with the intent of defrauding or deceiving an insurer, a reinsurer, a producer, a broker or any agent thereof, in order to obtain a policy of insurance pursuant to this Title or any proceeds or other benefits under such a policy.

    (e) As a practitioner, an insurer or any agent thereof, acts to assist, conspire with or urge another person to violate any provision of this section through deceit, misrepresentation or other fraudulent means.

    (f) Accepts any proceeds or other benefits under a policy of insurance issued pursuant to this Title known by him to be derived from any act or omission which violates any provision of this section.

    (g) Employs a person to procure clients, patients or other persons who obtain services or benefits under a policy of insurance issued pursuant to this Title for the purpose of engaging in any activity prohibited by this section. This paragraph does not prohibit contact or communication by an insurer or his agent or representative with a client, patient or other person if the contact or communication is made for a lawful purpose, including, without limitation, communication by an insurer with a holder of a policy of insurance issued by the insurer or with a claimant concerning the settlement of any claims against the policy.


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

κ2001 Statutes of Nevada, Page 1099 (Chapter 244, AB 135)κ

 

    2.  A person commits insurance fraud if he knowingly and willfully participates in, aids, abets, conspires to commit, solicits another person to commit, or permits an employee or agent to commit an act of insurance fraud prohibited by subsection 1.

    3.]  A person who commits insurance fraud is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    [4.  For the purposes of this section, “practitioner” means:

    (a) A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractor, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist or other provider of health services who is authorized to engage in his occupation by the laws of this state or another state; and

    (b) An attorney admitted to practice law in this state or any other state.]

    Sec. 24.  NRS 686A.295 is hereby amended to read as follows:

    686A.295  If a person who is licensed or registered under the laws of the State of Nevada to engage in a business or profession is convicted of or pleads guilty to engaging in an act of insurance fraud , [prohibited by NRS 686A.291,] the commissioner and the attorney general shall forward to each agency by which the convicted person is licensed or registered a copy of the conviction or plea and all supporting evidence of the act of insurance fraud. An agency that receives information from the commissioner and attorney general pursuant to this section shall, not later than 1 year after the date on which it receives the information, submit a report which sets forth the action taken by the agency against the convicted person, including, but not limited to, the revocation or suspension of the license or any other disciplinary action, to the director of the legislative counsel bureau for transmittal to the legislature.

    Sec. 25.  NRS 686A.315 is hereby amended to read as follows:

    686A.315  1.  If a hospital submits to an insurer the form commonly referred to as the “UB-82,” the form must contain or be accompanied by a statement in substantially the following form:

 

    Any person who misrepresents or falsifies essential information requested on this form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both.

 

    2.  If a person who is licensed to practice one of the health professions regulated by Title 54 of NRS submits to an insurer the form commonly referred to as the “HCFA-1500” for a patient who is not covered by any governmental program which offers insurance coverage for health care, the form must be accompanied by a statement in substantially the following form:

 

    Any person who knowingly files a statement of claim containing any misrepresentation or any false, incomplete or misleading information may be guilty of a criminal act punishable under state or federal law, or both, and may be subject to civil penalties.

 

    3.  The failure to provide any of the statements required by this section is not a defense in a prosecution for [a violation of] insurance fraud pursuant to NRS 686A.291.


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

κ2001 Statutes of Nevada, Page 1100 (Chapter 244, AB 135)κ

 

    Sec. 26.  NRS 207.360 is hereby amended to read as follows:

    207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

    1.  Murder;

    2.  Manslaughter;

    3.  Mayhem;

    4.  Battery which is punished as a felony;

    5.  Kidnapping;

    6.  Sexual assault;

    7.  Arson;

    8.  Robbery;

    9.  Taking property from another under circumstances not amounting to robbery;

    10.  Extortion;

    11.  Statutory sexual seduction;

    12.  Extortionate collection of debt in violation of NRS 205.322;

    13.  Forgery;

    14.  Any violation of NRS 199.280 which is punished as a felony;

    15.  Burglary;

    16.  Grand larceny;

    17.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

    18.  Battery with intent to commit a crime in violation of NRS 200.400;

    19.  Assault with a deadly weapon;

    20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;

    21.  Receiving or transferring a stolen vehicle;

    22.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

    23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

    24.  Receiving, possessing or withholding stolen goods valued at $250 or more;

    25.  Embezzlement of money or property valued at $250 or more;

    26.  Obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses;

    27.  Perjury or subornation of perjury;

    28.  Offering false evidence;

    29.  Any violation of NRS 201.300 or 201.360;

    30.  Any violation of NRS 90.570, 91.230 [,] or 686A.290 , or insurance fraud pursuant to NRS 686A.291; or

    31.  Any violation of NRS 205.506, 205.920 or 205.930.

    Sec. 27.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The attorney general has primary jurisdiction to conduct criminal investigations into and may bring a criminal prosecution for any act alleged to be insurance fraud.

    2.  The attorney general shall establish within his office a fraud control unit for insurance. The fraud control unit must consist of such persons as are necessary to carry out the duties set forth in this section, NRS 679B.153 to 679B.158, inclusive, and sections 2 to 6.5, inclusive, of this act, and NRS 686A.281 to 686A.291, inclusive, and sections 14 to 17, inclusive, of this act, including, without limitation, attorneys and investigators.


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

κ2001 Statutes of Nevada, Page 1101 (Chapter 244, AB 135)κ

 

inclusive, of this act, including, without limitation, attorneys and investigators.

    3.  The attorney general, acting through the fraud control unit:

    (a) Is the single state agency responsible for the criminal prosecution of insurance fraud;

    (b) Shall cooperate with the commissioner of insurance, insurers, and investigators and prosecutors of other states and the Federal Government in coordinating state and federal criminal investigations and criminal prosecutions involving insurance fraud;

    (c) Shall protect the privacy of insurers and insured persons who are eligible to receive benefits pursuant to the provisions of Title 57 of NRS and shall establish procedures to prevent the misuse of information obtained in carrying out this section; and

    (d) May, upon written request, inspect the records of any insurer, the commissioner of insurance and the division of insurance of the department of business and industry to conduct a criminal investigation into any act alleged to be insurance fraud.

    4.  To investigate any act alleged to be insurance fraud, the attorney general and members of the fraud control unit may conduct investigations into any activity related thereto occurring outside of this state, if necessary. To conduct these investigations, the attorney general and members of the fraud control unit may:

    (a) Travel outside of this state;

    (b) Cooperate with appropriate agencies or persons outside of this state; and

    (c) Designate those agencies or persons to conduct investigations for the attorney general.

    5.  When acting pursuant to this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution. The attorney general may conduct preliminary hearings or grand juries for the purposes of filing an information or indictment.

    6.  The attorney general shall report the name of each person who has been convicted of insurance fraud to the commissioner of insurance.

    7.  The provisions of this section must not be construed to limit or diminish the jurisdiction of the commissioner of insurance to regulate persons transacting insurance in this state.

    8.  As used in this section, “insurance fraud” has the meaning ascribed to it in section 14 of this act.

    Sec. 28.  NRS 477.030 is hereby amended to read as follows:

    477.030  1.  Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

    (a) The prevention of fire.

    (b) The storage and use of:

         (1) Combustibles, flammables and fireworks; and

         (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

under those circumstances that are not otherwise regulated by the division of industrial relations of the department of business and industry pursuant to NRS 618.890.

    (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose.


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

κ2001 Statutes of Nevada, Page 1102 (Chapter 244, AB 135)κ

 

residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

    (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a county whose population is 50,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.

    2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.

    3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

    4.  The state fire marshal shall cooperate with the division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

    5.  The state fire marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

    6.  Except as otherwise provided in subsection 10, the state fire marshal shall:

    (a) Investigate any fire which occurs in a county other than one whose population is 50,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

    (b) Investigate any fire which occurs in a county whose population is 50,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

    (c) Cooperate with the commissioner of insurance , the attorney general and the fraud control unit established pursuant to section 27 of this act in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

    (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

    (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.


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

κ2001 Statutes of Nevada, Page 1103 (Chapter 244, AB 135)κ

 

    7.  The state fire marshal shall put the National Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.

    8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

    9.  The state fire marshal shall:

    (a) Assist in checking plans and specifications for construction;

    (b) Provide specialized training to local fire departments; and

    (c) Assist local governments in drafting regulations and ordinances,

on request or as he deems necessary.

    10.  In a county other than one whose population is 50,000 or more or which has been converted into a consolidated municipality, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.

    Sec. 29.  This act becomes effective upon passage and approval.

________

 

CHAPTER 245, AB 302

Assembly Bill No. 302–Assemblywoman Giunchigliani

 

CHAPTER 245

 

AN ACT relating to Oriental medicine; revising the provisions relating to the issuance of a license to practice as a doctor of Oriental medicine; abolishing the license to practice as a doctor of acupuncture and the license for an assistant in acupuncture; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a written complaint regarding a licensee is filed with the board, the board shall review the complaint. If, from the complaint or from other records, it appears that the complaint is not frivolous, the board shall transmit the original complaint and any facts or information obtained from the review to the attorney general.

    2.  The attorney general shall conduct an investigation of the complaint to determine whether it warrants proceedings for the modification, suspension or revocation of the license. If the attorney general determines that further proceedings are warranted, he shall report the results of his investigation and his recommendation to the board.

    3.  The board shall promptly make a determination with respect to each complaint reported to it by the attorney general. The board shall:

    (a) Dismiss the complaint; or


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

κ2001 Statutes of Nevada, Page 1104 (Chapter 245, AB 302)κ

 

    (b) Proceed with appropriate disciplinary action.

    Sec. 2.  NRS 634A.020 is hereby amended to read as follows:

    634A.020  As used in this chapter, unless the context otherwise requires:

    1.  “Acupuncture” means the insertion of needles into the human body by piercing the skin of the body to control and regulate the flow and balance of energy in the body and to cure, relieve or palliate:

    (a) Any ailment or disease of the mind or body; or

    (b) Any wound, bodily injury or deformity.

    2.  “Board” means the state board of Oriental medicine.

    3.  [“Doctor of acupuncture” means a person licensed under the provisions of this chapter to practice acupuncture.

    4.]  “Doctor of Oriental medicine” means a person who is licensed under the provisions of this chapter to practice as a doctor of Oriental medicine.

    [5.] 4.  “Herbal medicine” and “practice of herbal medicine” mean suggesting, recommending, prescribing or directing the use of herbs for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, bodily injury or deformity.

    [6.] 5.  “Herbs” means plants or parts of plants valued for medicinal qualities.

    [7.  “Licensed assistant in acupuncture” means a person who assists in the practice of acupuncture under the direct supervision of a person licensed under the provisions of this chapter to practice Oriental medicine or acupuncture.

    8.] 6.  “Oriental medicine” means that system of the healing art which places the chief emphasis on the flow and balance of energy in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease. The term includes the practice of acupuncture and herbal medicine and other services approved by the board.

    Sec. 3.  NRS 634A.080 is hereby amended to read as follows:

    634A.080  The board shall:

    1.  Hold meetings at least once a year and at any other time at the request of the president or the majority of the members;

    2.  Have and use a common seal;

    3.  Deposit in interest-bearing accounts in the State of Nevada all [moneys] money received under the provisions of this chapter, which [shall] must be used to defray the expenses of the board;

    4.  Establish and maintain a list of accredited schools and colleges of Oriental medicine that are approved by the board;

    5.  Operate on the basis of the fiscal year beginning July 1, and ending June 30; and

    [5.] 6.  Keep a record of its proceedings which [shall] must be open to the public at all times and which [shall also] must contain the name and business address of every registered licensee in this state.

    Sec. 4.  NRS 634A.090 is hereby amended to read as follows:

    634A.090  1.  A school or college of Oriental medicine may be established and maintained in this state only if:

    (a) Its establishment is approved by the board; and

    (b) Its curriculum is approved annually by the board for content and quality of instruction in accordance with the requirements of this chapter.

    2.  The board may prescribe the [courses] course of study required for the [respective degrees of doctor of acupuncture and] degree of doctor of Oriental medicine.


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

κ2001 Statutes of Nevada, Page 1105 (Chapter 245, AB 302)κ

 

    Sec. 5.  NRS 634A.120 is hereby amended to read as follows:

    634A.120  1.  [Examinations must be given at least once a year at a time and place fixed by the board.

    2.  Applicants for licenses to practice acupuncture or Oriental medicine or to practice as an assistant in acupuncture must be examined in the appropriate subjects as determined by the board.] Each applicant for a license to practice as a doctor of Oriental medicine must pass:

    (a) An examination in Oriental medicine that is administered by a national organization approved by the board; and

    (b) A practical examination approved by the board that tests the applicant’s knowledge and understanding of the laws and regulations of this state relating to health and safety in the practice of Oriental medicine. The board shall contract for the preparation, administration and grading of the practical examination.

    2.  Except as otherwise provided in subsection 3, the board shall offer the practical examination at least two times each year at a time and place established by the board.

    3.  The board may cancel a scheduled practical examination if, within 60 days before the examination, the board has not received a request to take the examination.

    4.  A person who fails the practical examination may retake the examination.

    Sec. 6.  NRS 634A.140 is hereby amended to read as follows:

    634A.140  The board shall issue [separate licenses] a license to practice [respectively] as a doctor of Oriental medicine [or acupuncture, as appropriate, where the applicant:

    1.  Has successfully completed a course of study of:

    (a) Four years in Oriental medicine; or

    (b) Three years in acupuncture,

at any college or school approved by the board which is located in any country, territory, province or state or has qualifications considered equivalent by the board;

    2.  Has practiced Oriental medicine, including acupuncture and herbal medicine for 6 years; and

    3.  Passes the examination of the board.] to an applicant who:

    1.  Has:

    (a) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine that is approved by the board; and

    (b) Passed the examinations required by NRS 634A.120; or

    2.  Has:

    (a) Successfully completed a 4-year program, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the board;

    (b) Lawfully practiced Oriental medicine in another state or foreign country for at least 4 years;

    (c) Passed an investigation of his background and personal history conducted by the board; and

    (d) Passed the examinations required by NRS 634A.120.

    Sec. 7.  NRS 634A.160 is hereby amended to read as follows:

    634A.160  1.  Every license must be displayed in the office, place of business or place of employment of the holder thereof.


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

κ2001 Statutes of Nevada, Page 1106 (Chapter 245, AB 302)κ

 

    2.  Every person holding a license shall pay to the board on or before February 1 of each year, the annual [registration] fee for a license required pursuant to subsection 4. The holder of a license shall submit with the [registration] fee the statement required pursuant to NRS 634A.115. If the holder of a license fails to pay the [registration] fee or submit the statement, his license must be suspended. The license may be reinstated by payment of the required fee and submission of the statement within 90 days after February 1.

    3.  A license which is suspended for more than 3 months under the provisions of subsection 2 may be canceled by the board after 30 days’ notice to the holder of the license.

    4.  The annual [registration fees] fee for a license must be prescribed annually by the board and must not exceed $1,000.

    Sec. 8.  NRS 634A.167 is hereby amended to read as follows:

    634A.167  1.  To renew a license issued pursuant to this chapter, each person must, on or before February 1 of each year:

    (a) Apply to the board for renewal;

    (b) Submit the statement required pursuant to NRS 634A.115;

    (c) Pay the annual fee for [registration] a license prescribed by the board; and

    (d) Submit evidence to the board of his completion of the requirements for continuing education.

    2.  The board shall, as a prerequisite for the renewal or reinstatement of a license, require each holder of a license to comply with the requirements for continuing education adopted by the board.

    Sec. 9.  NRS 634A.170 is hereby amended to read as follows:

    634A.170  The board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

    1.  Conviction of:

    (a) A felony;

    (b) Any offense involving moral turpitude;

    (c) A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court; or

    (d) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

    2.  The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;

    3.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

    4.  Advertising by means of a knowingly false or deceptive statement;

    5.  Advertising, practicing or attempting to practice under a name other than one’s own;

    6.  Habitual drunkenness or habitual addiction to the use of a controlled substance;

    7.  Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;

    8.  Sustaining a physical or mental disability which renders further practice dangerous;


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

κ2001 Statutes of Nevada, Page 1107 (Chapter 245, AB 302)κ

 

    9.  Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;

    10.  Using any false or fraudulent statement in connection with the practice of Oriental medicine or any branch thereof;

    11.  Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;

    12.  Being adjudicated incompetent or insane;

    13.  Advertising in an unethical or unprofessional manner;

    14.  Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;

    15.  Willful disclosure of a privileged communication;

    16.  Failure of a licensee to designate the nature of his practice in the professional use of his name by the term doctor of Oriental medicine ; [, doctor of acupuncture or acupuncture assistant, as the case may be;]

    17.  Willful violation of the law relating to the health, safety or welfare of the public or of the regulations adopted by the state board of health;

    18.  Administering, dispensing or prescribing any controlled substance, except for the prevention, alleviation or cure of disease or for relief from suffering; and

    19.  Performing, assisting or advising in the injection of any liquid silicone substance into the human body.

    Sec. 10.  NRS 634A.190 is hereby amended to read as follows:

    634A.190  1.  Persons licensed pursuant to this chapter are not subject to the provisions of chapter 630 of NRS.

    2.  A person who is licensed pursuant to this chapter to practice as a doctor of Oriental medicine may refer to himself as a physician of Oriental medicine.

    Sec. 11.  NRS 634A.210 is hereby amended to read as follows:

    634A.210  Doctors of Oriental medicine [and doctors of acupuncture] shall observe and are subject to all state and municipal regulations relative to reporting all births and deaths in all matters pertaining to the public health.

    Sec. 12.  NRS 41A.097 is hereby amended to read as follows:

    41A.097  1.  Except as otherwise provided in subsection 2, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

    (a) Injury to or the wrongful death of a person, based upon alleged professional negligence of the provider of health care;

    (b) Injury to or the wrongful death of a person from professional services rendered without consent; or

    (c) Injury to or the wrongful death of a person from error or omission in practice by the provider of health care.

    2.  This time limitation is tolled:

    (a) For any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to him.

    (b) In any action governed by the provisions of NRS 41A.003 to 41A.069, inclusive, from the date a claimant files a complaint for review by a screening panel until 30 days after the date the panel notifies the claimant, in writing, of its findings.


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

κ2001 Statutes of Nevada, Page 1108 (Chapter 245, AB 302)κ

 

writing, of its findings. The provisions of this paragraph apply to an action against the provider of health care and to an action against any person, government or political subdivision of a government who is alleged by the claimant to be liable vicariously for the medical or dental malpractice of the provider of health care, if the provider, person, government or political subdivision has received notice of the filing of a complaint for review by a screening panel within the limitation of time provided in subsection 1.

    3.  For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of:

    (a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.

    (b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.

    4.  As used in this section, “provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, [doctor of acupuncture,] medical laboratory director or technician, or a licensed hospital as the employer of any such person.

    Sec. 13.  NRS 202.2491 is hereby amended to read as follows:

    202.2491  1.  Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:

    (a) Public elevator.

    (b) Public building.

    (c) Public waiting room, lobby or hallway of any:

         (1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

         (2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist [,] or doctor of Oriental medicine . [or doctor of acupuncture.]

    (d) Hotel or motel when so designated by the operator thereof.

    (e) Public area of a store principally devoted to the sale of food for human consumption off the premises.

    (f) Child care facility.

    (g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

    (h) School bus.

    2.  The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:

    (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

    (b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:


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

κ2001 Statutes of Nevada, Page 1109 (Chapter 245, AB 302)κ

 

         (1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and

         (2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.

    3.  The person in control of a public building:

    (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

    (b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.

    4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

    5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

    6.  The smoking of tobacco is not prohibited in:

    (a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

    (b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

    7.  The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.

    8.  As used in this section:

    (a) “Child care facility” means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.

    (b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

    (c) “Public building” means any building or office space owned or occupied by:

         (1) Any component of the University and Community College System of Nevada and used for any purpose related to the system.

         (2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.

         (3) Any county, city, school district or other political subdivision of the state and used for any public purpose.

If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

    (d) “School bus” has the meaning ascribed to it in NRS 483.160.

    Sec. 14.  NRS 634A.150 is hereby repealed.

    Sec. 15.  A person who submits an application to the state board of Oriental medicine for a license to practice as a doctor of Oriental medicine before January 1, 2002, is not required to comply with the requirement set forth in paragraph (a) of subsection 1 of NRS 634A.120 if he has passed an examination in Oriental medicine administered by a national organization after June 30, 1999, and before the effective date of this act.


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

κ2001 Statutes of Nevada, Page 1110 (Chapter 245, AB 302)κ

 

examination in Oriental medicine administered by a national organization after June 30, 1999, and before the effective date of this act.

    Sec. 16.  Notwithstanding the provisions of NRS 634A.140, the state board of Oriental medicine shall issue a license to practice as a doctor of Oriental medicine to any person who, on the effective date of this act, holds a license as an assistant in acupuncture or a license to practice as a doctor of acupuncture issued by the board if he submits an application and the fee for the issuance of the license to the board before January 1, 2002.

    Sec. 17.  This act becomes effective upon passage and approval.

________

 

CHAPTER 246, AB 336

Assembly Bill No. 336–Assemblymen Dini, Parks, Giunchigliani, Ohrenschall, Manendo, Anderson, Arberry, Bache, Buckley, Chowning, Claborn, Collins, de Braga, Freeman, Goldwater, Koivisto, Lee, Leslie, McClain, Mortenson, Neighbors, Oceguera, Parnell, Perkins, Price, Smith and Williams

 

CHAPTER 246

 

AN ACT relating to the adoption of children; requiring the provision of certain information and assistance to certain adoptive parents, prospective adoptive parents and other persons involved in the process of adoption; requiring the division of child and family services of the department of human resources and a child-placing agency timely and diligently to schedule evaluations necessary to identify any special needs an adoptive child may have; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 127.009 is hereby amended to read as follows:

    127.009  1.  The division shall prepare a booklet on adoption in this state which includes the following information:

    (a) The legal basis of adoption;

    (b) The purpose of adoption;

    (c) The process of adoption;

    (d) The number of children who are waiting to be adopted, including statistical information regarding:

         (1) The gender and ethnic background of the children who are waiting to be adopted;

         (2) The number of children placed in foster homes who are waiting to be adopted;

         (3) The number of children with special needs who are waiting to be adopted; and

         (4) The number of siblings who are waiting to be adopted;

    (e) The name and location of agencies in Nevada that place children with adoptive parents;

    (f) The number of prospective adoptive parents;

    (g) A comparison of Nevada to the surrounding states regarding the placement of children with adoptive parents; [and]

    (h) A comparison of the division to other agencies located in Nevada regarding the placement of children with adoptive parents [.] ; and


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

κ2001 Statutes of Nevada, Page 1111 (Chapter 246, AB 336)κ

 

    (i) Any subsidies, assistance and other services that may be available to adoptive parents and prospective adoptive parents, including, without limitation, services for children with special needs.

    2.  The division shall:

    (a) Revise the information in the booklet annually.

    (b) Distribute the booklet to persons and organizations whose patients or clients are likely to become involved with the process of adoption in this state. The booklet must also be distributed to prospective adoptive parents and natural parents giving children up for adoption.

    3.  The division may accept gifts and grants to assist in the production and distribution of the booklet.

    Sec. 2.  NRS 127.152 is hereby amended to read as follows:

    127.152  1.  Except as otherwise provided in subsection [2,] 3, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

    (a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency . [; and]

    (b) Any information obtained by the division or licensed child-placing agency during interviews of the natural parent regarding:

         (1) The medical and sociological history of the child and the natural parents of the child; and

         (2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies adopted by the division for the disclosure of such information.

    (c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.

    2.  The division or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.

    3.  The report [created] required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.

    Sec. 3.  NRS 127.186 is hereby amended to read as follows:

    127.186  1.  The division, or a child-placing agency licensed by the division pursuant to this chapter, may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the division or the licensed agency by proposed adoptive parents when, in the judgment of the division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home.

    2.  The division or child-placing agency shall [determine whether] in a timely and diligent manner:

    (a) Schedule any evaluations necessary to identify any special needs the child may have.

    (b) If it determines that the child has any special needs [and notify] :

         (1) Notify the proposed adoptive parents [of a child who is determined to have special needs:

    (a)] :

             (I) That they may be eligible for a grant of financial assistance pursuant to this section [if the petition for adoption is granted; and

    (b)] ; and


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

κ2001 Statutes of Nevada, Page 1112 (Chapter 246, AB 336)κ

 

             (II) The manner in which to apply for such financial assistance [.] ; and

         (2) Assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.

    3.  The division may grant financial assistance for attorney’s fees in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents of a child with special needs out of money provided for that purpose if the administrator of the division has reviewed and approved in writing the [proposed adoption and] grant of financial assistance.

    4.  The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the division and the adoptive parents. [The agreement does] Such an agreement must not become effective [until] before the entry of the order of adoption.

    5.  Any grant of financial assistance must be reviewed and evaluated at least once annually by the division. The evaluation must be presented for approval to the administrator of the division. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the division that continued assistance is denied.

    6.  All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.

    7.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

    8.  A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the division or child-placing agency consents to the adoption of such a child pursuant to this section.

    Sec. 4.  NRS 127.2817 is hereby amended to read as follows:

    127.2817  1.  The division shall [:

    1.  Adopt] adopt regulations setting forth the criteria to be used by the division or a licensed child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption . [; and

    2.  If a determination is made pursuant to an investigation required by]

    2.  Upon the completion of an investigation conducted by the division or a licensed child-placing agency pursuant to NRS 127.120 or 127.2805 , the division or child-placing agency shall inform the prospective adoptive parent or parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the division or child-placing agency shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the division before the issuance of the results of the investigation. The identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.

    Sec. 5.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.

________


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

κ2001 Statutes of Nevada, Page 1113κ

 

CHAPTER 247, AB 609

Assembly Bill No. 609–Committee on Ways and Means

 

CHAPTER 247

 

AN ACT relating to the department of motor vehicles and public safety; extending the authorized period of expenditure of money appropriated to the department of motor vehicles and public safety for the purchase of modular furniture for the remodeled office in Carson City; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 2 of chapter 510, Statutes of Nevada 1999, at page 2613, is hereby amended to read as follows:

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after [June 30,] December 31, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 248, AB 659

Assembly Bill No. 659–Committee on Education

 

CHAPTER 248

 

AN ACT relating to education; revising provisions pertaining to the contents of policies adopted by certain larger school districts concerning the reconstruction, renovation or replacement of older buildings; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 393.103 is hereby amended to read as follows:

    393.103  A school district that has more than 150,000 pupils enrolled shall develop and adopt a policy concerning the renovation or reconstruction of older buildings for schools or related facilities. As part of the policy, consideration must be given to the relative advantages and disadvantages of the renovation or reconstruction of older buildings for schools or related facilities as compared to the design, construction or purchase of new buildings for schools or related facilities. The policy must include, without limitation, guidelines for use by the board of trustees in determining [whether] :

    1.  Whether older buildings should be renovated or reconstructed or whether new buildings to replace those older buildings should be constructed or purchased.


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

κ2001 Statutes of Nevada, Page 1114 (Chapter 248, AB 659)κ

 

    2.  The manner in which the board of trustees will expend or disburse money that the board did not otherwise anticipate would be available to finance the renovation or reconstruction of older buildings and the construction or purchase of new buildings, if such money, in fact, becomes available.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 249, AB 662

Assembly Bill No. 662–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 249

 

AN ACT relating to wild horses; revising the provisions relating to the authorization for the expenditure of money in the Heil trust fund for wild horses; and providing other matters properly relating thereto.

 

[Approved: May 30, 3001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 504.450 is hereby amended to read as follows:

    504.450  1.  There is hereby created as a trust fund, the Heil trust fund for wild horses. The fund is a continuing fund without reversion. All money received from the Heil trust, and all money from any other source designated for deposit in the fund, must be deposited in that fund. The director shall administer the fund.

    2.  The money in the fund must be invested as other money of the state is invested. All interest earned on the deposit or investment of the money in the fund must be credited to that fund.

    3.  The director shall authorize the expenditure of the interest and principal of the fund but the principal of the fund must not be reduced to less than $900,000, unless the [money is needed for an emergency and the] expenditure is approved by the legislature, if it is in session, or the interim finance committee. Claims against the fund must be paid as other claims against the state are paid.

    4.  The expenses of the commission must be paid from the interest earned on the deposit or investment of the money in the fund.

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

________

 


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

κ2001 Statutes of Nevada, Page 1115κ

 

CHAPTER 250, SB 525

Senate Bill No. 525–Committee on Transportation

 

CHAPTER 250

 

AN ACT relating to motor vehicles; extending the reversion date of an appropriation made in the previous session for the production of certain license plates; requiring the Department of Motor Vehicles and Public Safety to complete the replacement of the bighorn sheep license plates within a specified period; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 2 of chapter 609, Statutes of Nevada 1999, at page 3327, is hereby amended to read as follows:

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2001,] 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.

    Sec. 2.  The Department of Motor Vehicles and Public Safety shall, on or before December 31, 2002, and upon payment of all applicable registration fees and governmental services taxes, replace all previously issued bighorn sheep license plates:

    1.  With the redesigned license plates issued pursuant to NRS 482.270 as that section existed on July 1, 1999; or

    2.  Upon request of the registrant and payment of any additional licensing fees, with any other type of license plate for which the registrant is eligible.

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

________

 

CHAPTER 251, SB 540

Senate Bill No. 540–Committee on Government Affairs

 

CHAPTER 251

 

AN ACT relating to mental health; changing the name of the Nevada mental health institute to northern Nevada adult mental health services; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 433.233 is hereby amended to read as follows:

    433.233  1.  The division facilities providing mental health services are designated as:

    (a) Northern Nevada adult mental health [institute;] services;

    (b) Southern Nevada adult mental health services;

    (c) Rural clinics; and

    (d) Lakes Crossing center.


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

κ2001 Statutes of Nevada, Page 1116 (Chapter 251, SB 540)κ

 

    2.  The division facilities providing services for mentally retarded persons and persons with related conditions are designated as:

    (a) Desert regional center;

    (b) Sierra regional center; and

    (c) Rural regional center.

    3.  Division facilities established after July 1, 1981, must be named by the administrator, subject to the approval of the director of the department.

    Sec. 2.  NRS 433A.090 is hereby amended to read as follows:

    433A.090  There is hereby created a revolving account for [the] northern Nevada adult mental health [institute] services in the sum of $7,500, which may be used for the payment of bills [of the institute] requiring immediate payment and for no other purpose. The administrative officer [for the institute] shall deposit the revolving account in one or more banks or credit unions of reputable standing. Payments made from the revolving account must be promptly reimbursed from money appropriated [money of the institute] for northern Nevada adult mental health services as other claims against the state are paid.

    Sec. 3.  NRS 433B.110 is hereby amended to read as follows:

    433B.110  1.  The division facilities providing services for the mental health of children are designated as:

    (a) The Nevada youth hospital;

    (b) The adolescent treatment center ; [of the Nevada mental health institute;]

    (c) Northern Nevada children’s behavioral services; and

    (d) Southern Nevada children’s behavioral services.

    2.  Division facilities established after July 1, 1993, must be named by the administrator, subject to the approval of the director of the department.

    Sec. 4.  NRS 41.325 is hereby amended to read as follows:

    41.325  After any proceeding in which a person, previously adjudicated to be insane, is adjudicated to be sane, the clerk of the district court shall immediately notify the administrative officer and the medical director of [the] northern Nevada adult mental health [institute] services of the adjudication.

    Sec. 5.  NRS 160.161 is hereby amended to read as follows:

    160.161  1.  Upon commitment, a person is subject to the rules and regulations of the Department of Veterans Affairs or other agency when admitted to any facility operated by any such agency within or without this state.

    2.  The chief officer of any facility of the Department of Veterans Affairs or institution operated by any other agency of the United States to which the person is so committed is, with respect to [such] that person, vested with the same powers as the [institute] director and the medical director of [the] northern Nevada adult mental health [institute] services with respect to retention of custody, transfer, parole or discharge.

    3.  The committing court shall retain jurisdiction:

    (a) To inquire, at any time, into the mental condition of persons so committed.

    (b) To determine the necessity for the continuance of his restraint.

    Sec. 6.  NRS 160.162 is hereby amended to read as follows:

    160.162  1.  Upon receipt of a certificate of the Department of Veterans Affairs or another agency of the United States that facilities are available for the care or treatment of any person previously committed to the custody of northern Nevada adult mental health [institute] services and that [such] the person is eligible for care or treatment, the [institute] director of [the] northern Nevada adult mental health [institute] services may cause the transfer of [such] the person to the Department of Veterans Affairs or other agency of the United States for care or treatment.


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

κ2001 Statutes of Nevada, Page 1117 (Chapter 251, SB 540)κ

 

northern Nevada adult mental health [institute] services and that [such] the person is eligible for care or treatment, the [institute] director of [the] northern Nevada adult mental health [institute] services may cause the transfer of [such] the person to the Department of Veterans Affairs or other agency of the United States for care or treatment.

    2.  The committing court must be notified by the [institute] director of [the] northern Nevada adult mental health [institute] services upon effecting such a transfer.

    3.  No person may be transferred to the Department of Veterans Affairs or such other agency of the United States if he is confined pursuant to a conviction of a felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless before the transfer the court originally committing [such] the person enters an order for the transfer after appropriate motion and hearing.

    4.  Any person transferred as provided in this section shall be deemed to be committed to the Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.

    Sec. 7.  NRS 444.330 is hereby amended to read as follows:

    444.330  1.  The health division has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:

    (a) Institutions and facilities of the department of prisons.

    (b) Northern Nevada adult mental health [institute.] services.

    (c) Nevada youth training center.

    (d) Caliente youth center.

    (e) Northern Nevada children’s home.

    (f) Southern Nevada children’s home.

    (g) University and Community College System of Nevada.

    2.  The state board of health may adopt regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and, as it pertains to the foregoing matters, the safety of those institutions.

    3.  The state health officer or his authorized agent shall inspect those institutions at least once each calendar year and whenever he deems an inspection necessary to carry out the provisions of this section.

    4.  The state health officer may publish reports of the inspections.

    5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate the institutions in conformity with the regulations adopted by the state board of health pursuant to subsection 2.

    6.  The state health officer or his authorized agent may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of the institutions and to determine whether the provisions of this section and the regulations of the state board of health pertaining thereto are being violated.

    Sec. 8.  NRS 502.077 is hereby amended to read as follows:

    502.077  1.  The division shall issue special fishing permits to the administrative head of:

    (a) [The] Northern Nevada adult mental health [institute;] services;

    (b) Southern Nevada adult mental health services;

    (c) The northern Nevada children’s home;

    (d) The southern Nevada children’s home;


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

κ2001 Statutes of Nevada, Page 1118 (Chapter 251, SB 540)κ

 

    (e) The Nevada youth training center;

    (f) The Caliente youth center;

    (g) The Spring Mountain Youth Camp;

    (h) The China Spring Youth Camp;

    (i) Any facility which provides temporary foster care for children who are not delinquent; and

    (j) Such other public or charitable institutions or organizations as are designated by regulations adopted by the commission,

for use only by the members, patients or children of such institutions or organizations.

    2.  The permits:

    (a) Must be in the possession of the officer or employee who is supervising a member, patient or child while he is fishing.

    (b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, if the officer or employee has a valid Nevada fishing license.

    (c) Must be issued pursuant and subject to regulations prescribed by the commission.

    (d) Must contain the words “Nevada Special Fishing Permit” and the number of the permit printed on the face of the permit.

    (e) May authorize no more than 15 members, patients or children, respectively, to fish.

    3.  Each institution or organization shall pay to the division an annual fee of $15 for each permit issued to the institution or organization pursuant to this section. The division shall not issue more than two permits per year to each institution or organization.

    4.  It is unlawful for any person other than a member, patient or child in one of these organizations or institutions to fish with a permit issued by the division pursuant to this section.

    Sec. 9.  NRS 433.114 is hereby repealed.

    Sec. 10.  This act becomes effective upon passage and approval.

________

 

CHAPTER 252, SB 70

Senate Bill No. 70–Senator Amodei

 

CHAPTER 252

 

AN ACT relating to taxation; revising the provisions governing the classification of manufactured homes as real property for the purpose of property taxes; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 361.244 is hereby amended to read as follows:

    361.244  1.  A mobile or manufactured home is eligible to become real property if [the running gear is removed and] it becomes [, on or after July 1, 1979,] permanently affixed to land which is owned by the owner of the mobile or manufactured home.


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

κ2001 Statutes of Nevada, Page 1119 (Chapter 252, SB 70)κ

 

    2.  A mobile or manufactured home becomes real property when the assessor of the county in which the mobile or manufactured home is located has placed it on the tax roll as real property. [The] Except as otherwise provided in subsection 5, the assessor shall not place a mobile or manufactured home on the tax roll until:

    (a) He has received verification from the manufactured housing division of the department of business and industry that [there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of] the mobile or manufactured home has been converted to real property;

    (b) The unsecured personal property tax has been paid in full for the current fiscal year;

    (c) An affidavit of conversion of the mobile or manufactured home from personal to real property has been recorded in the county recorder’s office of the county in which the mobile or manufactured home is located; and

    (d) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile or manufactured home in its former condition as personal property.

    3.  A mobile or manufactured home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.

    4.  Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing.

    5.  [A manufactured home, as defined in NRS 489.113, constitutes real property if it becomes, on or after January 1, 2000, permanently affixed to land which is owned by the owner of the manufactured home.

    6.] The assessor of the county in which a manufactured home is located shall, without regard to the conditions set forth in subsection 2, place the manufactured home on the tax roll as real property if, on or after July 1, 2001, the manufactured home is permanently affixed to a residential lot pursuant to an ordinance required by NRS 278.02095.

    6.  The provisions of subsection 5 do not apply to a manufactured home located in:

    (a) An area designated by local ordinance for the placement of a manufactured home without conversion to real property;

    (b) A mobile home park; or

    (c) Any other area to which the provisions of NRS 278.02095 do not apply.

    7.  For the purposes of this section, “land which is owned” includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.

    Sec. 2.  NRS 278.02095 is hereby amended to read as follows:

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

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

    (a) The manufactured home:

         (1) Be permanently affixed to a residential lot;


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

κ2001 Statutes of Nevada, Page 1120 (Chapter 252, SB 70)κ

 

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

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

         (4) Consist of more than one section; and

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

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

The governing body of a local government in a county whose population is less than 25,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

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

    4.  Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the manufactured housing division of the department of business and industry. The division shall provide proof of such surrender to the owner who must submit that proof to the building department.

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

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

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

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

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 


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

κ2001 Statutes of Nevada, Page 1121κ

 

CHAPTER 253, SB 135

Senate Bill No. 135–Senators Care, Amodei, Wiener, Titus, Carlton and Jacobsen

 

Joint Sponsor: Assemblyman Neighbors

 

CHAPTER 253

 

AN ACT relating to veterans’ homes; requiring the appointment of an administrator for each veterans’ home in this state and establishing his qualifications; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 417.147 is hereby amended to read as follows:

    417.147  1.  The executive director shall:

    (a) Appoint an administrator for each veterans’ home in this state. Each administrator must be licensed as a nursing facility administrator pursuant to NRS 654.170.

    (b) Take such other actions as are necessary for the maintenance and operation of veterans’ homes in this state . [; and

    (b)] (c) Apply for federal grants and other sources of money available for establishing veterans’ homes. Federal grants and other money received pursuant to this paragraph must be deposited with the state treasurer for credit to the veterans’ home account. A federal grant must be used only as permitted by the terms of the grant.

    2.  The first veterans’ home that is established in this state must be established at a location in southern Nevada determined to be appropriate by the interim finance committee. The interim finance committee shall give preference to a site that is zoned appropriately for the establishment of a veterans’ home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans’ home. The site for the construction of the veterans’ home in southern Nevada must be:

    (a) Located in reasonable proximity to:

         (1) A public transportation system;

         (2) Shopping centers; and

         (3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the administrator of the health division of the department of human resources.

    (b) Not less than 5 acres in area.

    3.  If an additional veterans’ home is authorized, it must be established in northern Nevada.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 


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

κ2001 Statutes of Nevada, Page 1122κ

 

CHAPTER 254, SB 222

Senate Bill No. 222–Committee on Taxation

 

CHAPTER 254

 

AN ACT relating to taxation; authorizing the Nevada tax commission to exchange with certain local governmental entities information concerning businesses that are subject to the business tax; providing that such exchanges of information are not confidential and privileged; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 364A.100 is hereby amended to read as follows:

    364A.100  1.  Except as otherwise provided in this section and NRS 360.250 , [and subsections 2 and 3,] the records and files of the department concerning the administration of this chapter are confidential and privileged. The department, and any employee engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the department nor any employee of the department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

    2.  The records and files of the department concerning the administration of this chapter are not confidential and privileged in the following cases:

    (a) Testimony by a member or employee of the department and production of records, files and information on behalf of the department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby are directly involved in the action or proceeding.

    (b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

    (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

    (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

    (e) Disclosure in confidence to the governor or his agent in the exercise of the governor’s general supervisory powers, or to any person authorized to audit the accounts of the department in pursuance of an audit, or to the attorney general or other legal representative of the state in connection with an action or proceeding pursuant to this chapter , or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

    (f) Exchanges of information pursuant to subsection 3.

    3.  The commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.


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

κ2001 Statutes of Nevada, Page 1123 (Chapter 254, SB 222)κ

 

    4.  The executive director shall periodically, as he deems appropriate, but not less often than annually, transmit to the administrator of the division of industrial relations of the department of business and industry a list of the businesses of which he has a record. The list must include the mailing address of the business and the approximate number of employees of the business as reported to the department.

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

________

 

CHAPTER 255, SB 329

Senate Bill No. 329–Senator Care

 

Joint Sponsor: Assemblyman Parks

 

CHAPTER 255

 

AN ACT relating to public bodies; prohibiting certain public bodies from taking action by vote without the affirmative vote of a majority of the members of the public body; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 241 of NRS is hereby amended by adding thereto a new section to read as follows:

    A public body that is required to be composed of elected officials only may not take action by vote unless at least a majority of all the members of the public body vote in favor of the action. For purposes of this section, a public body may not count an abstention as a vote in favor of an action.

    Sec. 2.  NRS 241.015 is hereby amended to read as follows:

    241.015  As used in this chapter, unless the context otherwise requires:

    1.  “Action” means:

    (a) A decision made by a majority of the members present during a meeting of a public body;

    (b) A commitment or promise made by a majority of the members present during a meeting of a public body; [or

    (c) A]

    (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of [a] the public body [.] ; or

    (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

    2.  “Meeting” means the gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

    3.  Except as otherwise provided in this subsection, “public body” means any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax


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

κ2001 Statutes of Nevada, Page 1124 (Chapter 255, SB 329)κ

 

revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405. “Public body” does not include the legislature of the State of Nevada.

    4.  “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.

    Sec. 3.  NRS 244.060 is hereby amended to read as follows:

    244.060  1.  [A] Except as otherwise provided in section 1 of this act, a majority of the board [shall form] constitutes a quorum for the transaction of business.

    2.  When a majority only of the members [shall be] is present at [the] a meeting of the board, in case of a tie vote on any question, [it shall] the vote must be postponed to a subsequent meeting.

    Sec. 4.  NRS 244.345 is hereby amended to read as follows:

    244.345  1.  Every natural person wishing to be employed as an entertainer for an entertainment by referral service and every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must:

    (a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.

    (b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.

The board, in counties whose population is less than 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.

    2.  The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.

    3.  The license board may, without further compensation to the board or its clerk:

    (a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section.

    (b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.


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

κ2001 Statutes of Nevada, Page 1125 (Chapter 255, SB 329)κ

 

    (c) Adopt, amend and repeal regulations relating to licenses and licensees.

    (d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency , the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.

    4.  The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for 2 weeks before the hearing.

    5.  Upon adoption of new regulations , the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption , a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.

    6.  [A majority vote of the members of the license board present governs in the transaction of all business. A] Except as otherwise provided in section 1 of this act, a majority of the members constitutes a quorum for the transaction of business.

    7.  Any natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.

    8.  In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.

    9.  As used in this section:

    (a) “Entertainer for an entertainment by referral service” means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.

    (b) “Entertainment by referral service” means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.

    Sec. 5.  NRS 266.235 is hereby amended to read as follows:

    266.235  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time and may compel the attendance of absentees under such penalties as may be prescribed by ordinance.

    Sec. 6.  NRS 266.250 is hereby amended to read as follows:

    266.250  1.  The council’s deliberations, sessions and proceedings must be public.

    2.  The council shall keep a journal of its own proceedings. The yeas and nays [shall] must be taken upon the passage of all ordinances, and all propositions to create any liability against the city, or to grant, deny, increase, decrease, abolish [,] or revoke licenses, and in all other cases at the request of any member or of the mayor, which yeas and nays [shall] must be entered upon the journal of its proceedings.


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

κ2001 Statutes of Nevada, Page 1126 (Chapter 255, SB 329)κ

 

request of any member or of the mayor, which yeas and nays [shall] must be entered upon the journal of its proceedings.

    3.  The [concurrence] affirmative vote of a majority of all the members elected to the city council [shall be] is necessary to pass any such ordinance or proposition.

    Sec. 7.  NRS 269.025 is hereby amended to read as follows:

    269.025  1.  The town board or board of county commissioners of any county in this state having jurisdiction of the affairs of any town or city, as in this chapter provided, shall hold a regular meeting in the town offices or in the courthouse at the county seat at least once in each month, on a day previously fixed by the board, for the purpose of transacting the business provided for in this chapter, and shall continue in session from day to day until such business is completed.

    2.  The town board or board of county commissioners may also hold special meetings upon a call of the chairman of the board, or a majority of the members thereof.

    3.  A majority of the town board or board of county commissioners [shall be necessary to constitute] constitutes a quorum . [, and a] An affirmative vote of the majority of the whole board [shall be] is necessary to carry any question.

    Sec. 8.  NRS 278.349 is hereby amended to read as follows:

    278.349  1.  Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority [vote] of all the members , [present,] approve, conditionally approve [,] or disapprove a tentative map filed pursuant to NRS 278.330:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after receipt of the planning commission’s recommendations.

    2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the map is filed with the clerk of the governing body.

    3.  The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:

    (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

    (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

    (c) The availability and accessibility of utilities;

    (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

    (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;


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

κ2001 Statutes of Nevada, Page 1127 (Chapter 255, SB 329)κ

 

    (f) General conformity with the governing body’s master plan of streets and highways;

    (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

    (h) Physical characteristics of the land such as flood plain, slope and soil;

    (i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

    (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.

    4.  The governing body or planning commission shall, by an affirmative vote of a majority [vote] of all the members , [present,] make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.

    Sec. 9.  NRS 309.120 is hereby amended to read as follows:

    309.120  1.  The officers of such district shall consist of three, five or seven directors as aforesaid, a president and a vice president elected from their number, a secretary and a treasurer. The board may also appoint an assistant secretary who shall exercise such [of the] powers and perform such [of the] duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of the board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer.

    2.  The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county where the organization of the district was effected as the office of the board, and the board shall hold a regular monthly meeting in its office on such day of the month as that fixed upon by resolution duly entered upon the minutes, and when the time for such a monthly meeting has been fixed , it cannot again be changed for 12 months, and it can only be changed by resolution passed at least 2 months prior to the time such change [shall] will take effect and upon publication in a newspaper of general circulation in the district for at least 2 weeks prior to such change. Should the regular meeting day fall upon a nonjudicial day, such meeting [shall] must be held on the first judicial day thereafter.

    3.  The board of directors shall hold such special meetings as shall be required for the purpose of transaction of business , [;] but all special meetings must be called by the president or a majority of the board. The order calling such special meeting [shall] must be entered on the record, and the secretary shall give each member not joining in the order 3 days’ notice of such special meeting. The order must specify the business to be transacted at such special meeting , [;] and none other than that specified shall be transacted.

    4.  Whenever all members of the board are present at a meeting, the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings of the board [shall] must be public and a majority of the members [shall constitute] constitutes a quorum for the transaction of business, but on all questions requiring a vote there [shall be a concurrence of] must be an affirmative vote of at least a majority of all the members of the board.


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

κ2001 Statutes of Nevada, Page 1128 (Chapter 255, SB 329)κ

 

    5.  All records of the board [shall] must be open to the inspection of any elector during business hours.

    6.  At the regular monthly meeting in January next following their elections, the board of directors shall meet and organize and elect a president and vice president and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which [shall] must be approved by the board, for the faithful performance of their duties.

    7.  Any vacancies in the offices of directors [shall] must be filled from the division in which the vacancy occurs by the remaining members of the board. A director appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election and until his successor is elected and qualified.

    Sec. 10.  NRS 320.090 is hereby amended to read as follows:

    320.090  1.  After taking oaths and filing bonds, the members of the board shall, by a majority vote, elect a chairman, vice chairman, secretary and treasurer from among the members. The secretary and treasurer may be one person. After the initial election, the chairman, vice chairman, secretary and treasurer serve in that office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in any of those offices, the members of the board shall elect a member of the board to serve in that office for the remainder of the unexpired term.

    2.  Three members of the board constitute a quorum, and except as otherwise provided in section 1 of this act, a quorum may exercise all the powers and duties of the board.

    3.  The board shall:

    (a) Meet at such times and places specified by a call of the chairman or by a majority of the members of the board;

    (b) Adopt bylaws prescribing its management and government; and

    (c) Comply with the provisions of chapter 241 of NRS.

    4.  The members of the board serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally.

    5.  If a vacancy occurs in the membership of the board, the remaining members of the board shall appoint a person to serve on the board until his successor is elected and qualified. A person appointed to serve on the board pursuant to this subsection must qualify in the manner provided in NRS 320.070. If the board fails to fill a vacancy within 30 days after the vacancy occurs, the board of county commissioners where the district is located shall appoint a person to serve on the board in the manner provided in this subsection.

    Sec. 11.  NRS 353.015 is hereby amended to read as follows:

    353.015  [A] Except as otherwise provided in section 1 of this act, a majority of the state board of examiners [shall constitute] constitutes a quorum and may, as such, discharge any of the duties specified by law.

    Sec. 12.  NRS 403.040 is hereby amended to read as follows:

    403.040  1.  The board of county highway commissioners must hold regular meetings monthly on or about the 1st day of each month.

    2.  Special meetings may be called by the chairman, but no bills [shall] may be allowed at special meetings. Every member [shall] must be notified of special meetings in ample time to attend.

    3.  In counties having three county commissioners, two members [shall] constitute a quorum, but an affirmative vote of a majority [vote] of all the members [shall be] is required at all times for the passing of any motion.


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

κ2001 Statutes of Nevada, Page 1129 (Chapter 255, SB 329)κ

 

members [shall be] is required at all times for the passing of any motion. In counties having five county commissioners, three members [shall] constitute a quorum, but an affirmative vote of a majority [vote] of all the members [shall be] is required at all times for the passing of any motion.

    Sec. 13.  NRS 450.140 is hereby amended to read as follows:

    450.140  1.  The board of hospital trustees shall hold meetings at least once each month, and shall keep a complete record of all its transactions.

    2.  Except as otherwise provided in section 1 of this act:

    (a) In counties where three county commissioners are not members of the board, three members of the board constitute a quorum for the transaction of business.

    [3.  Except]

    (b) And except as otherwise provided in [subsection 4,] paragraph (c), in counties where three county commissioners are members of the board, any five of the members constitute a quorum for the transaction of business.

    [4.] (c) In counties where the board of county commissioners is the board of hospital trustees, a majority of the board constitutes a quorum for the transaction of business.

    Sec. 14.  NRS 539.095 is hereby amended to read as follows:

    539.095  A majority of the members [shall constitute] constitutes a quorum for the transaction of business, but on all questions requiring a vote , there [shall be a concurrence] must be an affirmative vote of at least a majority of all the members of the board.

    Sec. 15.  NRS 548.305 is hereby amended to read as follows:

    548.305  A majority of the supervisors [shall constitute] constitutes a quorum, and except as otherwise provided in section 1 of this act, the concurrence of a majority of the quorum in any matter within their duties [shall be] is required for their determination.

    Sec. 16.  Section 2.040 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 58, is hereby amended to read as follows:

    Sec. 2.040  Meetings: Quorum.

    1.  The city council shall hold at least two regular meetings each month, and by ordinance may provide for additional regular meetings.

    2.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

    3.  Except as otherwise provided by law, all sessions and all proceedings of the city council [shall] must be public.

    Sec. 17.  Section 2.050 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 606, is hereby amended to read as follows:

    Sec. 2.050  Meetings: Quorum.

    1.  The board of councilmen shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.

    2.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the board of councilmen constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.


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

κ2001 Statutes of Nevada, Page 1130 (Chapter 255, SB 329)κ

 

    3.  Except as otherwise provided by law, all sessions and all proceedings of the board of councilmen [shall] must be public.

    Sec. 18.  Section 2.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 295, is hereby amended to read as follows:

    Sec. 2.050  Meetings: Quorum.

    1.  The board shall hold at least two regular meetings each month , and by ordinance may provide for the holding of additional regular meetings.

    2.  Special meetings may be held on call of the mayor or by a majority of the board, by giving a minimum of 6 hours’ notice of such special meeting to each member of the board prior to the meeting. No contract involving the expenditure of money may be made or claim allowed at a special meeting unless notice of the meeting called to consider such action is published in a newspaper within Carson City at least 1 day before such meeting, and no business may be transacted at a special meeting except such as has been stated in the call of the meeting, and no ordinance may be passed at a special meeting except an emergency ordinance.

    3.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the board constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

    4.  Except as otherwise provided by law , the sessions and all proceedings of the board [shall] must be public.

    Sec. 19.  Section 2.050 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 477, is hereby amended to read as follows:

    Sec. 2.050  Meetings: Quorum.

    1.  The board of supervisors shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.

    2.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the board of supervisors constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

    3.  Except as otherwise provided by law, all sessions and all proceedings of the board of supervisors [shall] must be public.

    Sec. 20.  (Deleted by amendment.)

    Sec. 21.  Section 2.040 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 405, is hereby amended to read as follows:

    Sec. 2.040  Meetings: Quorum.

    1.  The city council shall hold at least two regular meetings each month, and by ordinance may provide for additional regular meetings.

    2.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

    3.  Except as otherwise provided by law, all sessions and all proceedings of the city council [shall] must be public.


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

κ2001 Statutes of Nevada, Page 1131 (Chapter 255, SB 329)κ

 

    Sec. 22.  Section 2.060 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1395, is hereby amended to read as follows:

    Sec. 2.060  Meetings: Quorum.

    1.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time or compel the attendance of the absent members, or both, under such penalties as may be prescribed by ordinance.

    2.  [Unless] Except as otherwise provided in section 1 of this act, and unless otherwise provided by any other provision of law, including sections 1.160, 2.100 and 3.050 and subsection 3 of section 2.110 of this charter, the concurrence of a majority of a quorum of the city council is necessary to pass any proposition.

    Sec. 23.  Section 2.040 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 301, Statutes of Nevada 1979, at page 451, is hereby amended to read as follows:

    Sec. 2.040  Meetings: Quorum.

    1.  The city council shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.

    2.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the city council constitutes a quorum to do business.

    3.  Except as otherwise provided by law, all sessions and all proceedings of the city council [are] must be public.

    Sec. 24.  Section 2.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 203, Statutes of Nevada 1989, at page 444, is hereby amended to read as follows:

    Sec. 2.040  Meetings: Quorum.

    1.  The city council shall hold not less than two regular meetings each month. The times and dates of the meetings must be established by ordinance.

    2.  [A] Except as otherwise provided in section 1 of this act, a majority of all the members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

    3.  Except as otherwise provided by law, all sessions and all proceedings of the city council must be public.

    Sec. 25.  Section 2.030 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1313, is hereby amended to read as follows:

    Sec. 2.030  Meetings: Regular; special; quorum.

    1.  The city council shall hold regular meetings at least twice each month at times it designates by ordinance. When a regular meeting falls on a holiday, the council must hold the meeting on the next business day.

    2.  Special meetings may be held on a call of the mayor or by a majority of the council. Reasonable effort must be made to give notice of a special meeting to each member of the council, the mayor, city clerk, city attorney, city manager and to any other person who has submitted a request for notice to the city clerk.


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

κ2001 Statutes of Nevada, Page 1132 (Chapter 255, SB 329)κ

 

clerk, city attorney, city manager and to any other person who has submitted a request for notice to the city clerk. Notice is not required if the mayor has declared an emergency.

    3.  At a special meeting, unless the entire city council otherwise consents:

    (a) Or unless notice of the meeting is published in a newspaper of general circulation in the city at least 1 day before the meeting, a contract or claim involving the expenditure of money may not be approved;

    (b) Only emergency ordinances may be passed; and

    (c) Only that business which was stated in the call of the meeting may be discussed.

    4.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess and compel the attendance of the absent members.

    5.  No meeting of the city council may be held for the purpose of conducting or discussing city business except as provided in this section.

    Sec. 26.  Section 2.050 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 460, is hereby amended to read as follows:

    Sec. 2.050  Meetings: Quorum.

    1.  The board of councilmen shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.

    2.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the board of councilmen constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

    3.  Except as otherwise provided by law, all sessions and all proceedings of the board of councilmen [shall] must be public.

    Sec. 27.  Section 2.040 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 184, Statutes of Nevada 1985, at page 643, is hereby amended to read as follows:

    Sec. 2.040  Meetings: Quorum.

    1.  The city council shall hold at least two regular meetings each month, on the second and fourth Mondays, and by ordinance may provide for additional regular meetings.

    2.  If the date of any regular meeting of the city council falls on a legal holiday, the meeting must be held on the next day which is not a legal holiday.

    3.  [A] Except as otherwise provided in section 1 of this act, a majority of all members of the city council constitutes a quorum to do business.

    Sec. 28.  Section 8 of chapter 167, Statutes of Nevada 1947, as last amended by chapter 468, Statutes of Nevada 1977, at page 932, is hereby amended to read as follows:

    Sec. 8.  The officers of the district shall consist of directors as specified in section 5.1, a president, a vice president , a secretary [,] and a treasurer. The chairman of the board of county commissioners of Clark County may be president of the board of directors of the district , or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as president of the board of directors of the district for a term of 1 year.


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

κ2001 Statutes of Nevada, Page 1133 (Chapter 255, SB 329)κ

 

Clark County may be president of the board of directors of the district , or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as president of the board of directors of the district for a term of 1 year. The vice chairman of the board of county commissioners may be vice president of the board of directors of the district , or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice president of the board of directors of the district for a term of 1 year. The board may appoint an assistant secretary, who shall exercise such [of the] powers and perform such [of the] duties of the secretary as may be designated by the board of directors, except that the assistant secretary may not sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may not be members of the board. These officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board may designate the county clerk of Clark County and the county treasurer of Clark County, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of the offices. No additional bond may be required of the county treasurer of Clark County as ex officio district treasurer. The board may also appoint an engineer and manager and such other assistants as may be necessary. The board of directors shall designate some place within the county as the office of the board and shall hold a regular monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes. All meetings of the board [shall] must be public, and , except as otherwise provided in section 1 of this act, a majority of the members [shall constitute] constitutes a quorum for the transaction of business, but on all questions requiring a vote , there [shall be a concurrence] must be an affirmative vote of at least a majority of all the members of the board. All records of the board [shall] must be open to the inspection of any elector during business hours.

    Sec. 29.  Section 10 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 379, is hereby amended to read as follows:

    Sec. 10.  [A] Except as otherwise provided in section 1 of this act, a majority of the members [constitute] constitutes a quorum at any meeting [,] and the [Board] board may take action either by motion or by resolution, which must be adopted by at least a majority of the members present and constituting a quorum.

    Sec. 30.  Section 8 of chapter 458, Statutes of Nevada 1983, as amended by chapter 97, Statutes of Nevada 1985, at page 363, is hereby amended to read as follows:

    Sec. 8.  1.  The board shall meet regularly at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the board require, on notice to each board member.

    2.  A majority of the members [shall constitute] constitutes a quorum at any meeting. [Every] Except as otherwise provided in section 1 of this act, every motion and resolution of the board must be adopted by at least a majority of the members present and constituting the quorum at such meeting.


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

κ2001 Statutes of Nevada, Page 1134 (Chapter 255, SB 329)κ

 

    3.  If any member is absent from three consecutive regular meetings of the board, without good cause as determined by the board, his office thereupon becomes vacant.

    4.  The board shall adopt a seal.

    Sec. 31.  Section 4 of chapter 477, Statutes of Nevada 1983, as amended by chapter 175, Statutes of Nevada 1999, at page 886, is hereby amended to read as follows:

    Sec. 4.  All powers, duties and privileges of the Moapa Valley Water District must be exercised and performed by the governing board of the district. Except as otherwise provided in section 5 of this chapter, the board consists of five members elected as prescribed in this act. A simple majority of the members of the board constitutes a quorum. The affirmative vote of a [simple] majority of [the quorum] all the members of the board is required to take action.

    Sec. 32.  Section 8 of chapter 477, Statutes of Nevada 1983, as amended by chapter 175, Statutes of Nevada 1999, at page 888, is hereby amended to read as follows:

    Sec. 8.  1.  The board shall:

    (a) Choose one of its members chairman of the board and president of the district, and prescribe the term of office and the powers and duties thereof.

    (b) Fix the time and place at which its regular meetings must be held and provide for the calling and conduct of special meetings.

    (c) Fix the location of the principal place of business of the district.

    (d) Elect a secretary-treasurer of the board and the district, who may or may not be a member of the board.

    (e) Appoint a general manager who must not be a member of the board.

    (f) Delegate and redelegate to officers of the agency the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.

    (g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the district, and require all bonds necessary to protect the money and other property of the district.

    (h) Take all actions and do all things reasonably and lawfully necessary to conduct the business of the district and to achieve the purpose of this act.

    2.  No regular or special meeting of the board may commence or continue unless a quorum of at least three members is present. [A majority] The affirmative vote of the [quorum present] majority of all the members of the board is required to take action with respect to any matter.

    3.  Members of the board serve without compensation, except that they are entitled to reasonable per diem and travel expenses, set by the board, for attendance at meetings and conducting other business of the district.


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

κ2001 Statutes of Nevada, Page 1135 (Chapter 255, SB 329)κ

 

    Sec. 33.  Section 9 of chapter 489, Statutes of Nevada 1999, at page 2531, is hereby amended to read as follows:

    Sec. 9.  1.  The board shall meet each month at a time and place designated by the chairman of the board. The board may hold special meetings as often as the needs of the board require, upon notice to each member of the board.

    2.  The board [must] shall provide notice of a meeting in the manner prescribed by NRS 241.020.

    3.  Except as otherwise provided in subsection 4 [:] and section 1 of this act:

    (a) A majority of the members of the board constitutes a quorum; and

    (b) All actions must be adopted by at least a majority of the members present and constituting the quorum at such a meeting.

    4.  The affirmative vote of at least two-thirds of the members of the board is necessary to pass an action relating to:

    (a) A budgetary matter or a matter which involves an expenditure of public money; or

    (b) A contract or other instrument that creates a binding legal obligation on a public entity.

    Sec. 34.  Section 12 of Assembly Bill No. 11 of this session is hereby amended to read as follows:

    Sec. 12.  Section 2.050 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 477, is hereby amended to read as follows:

    Sec. 2.050  Meetings: Quorum.

    1.  The [board of supervisors] city council shall hold at least one regular meeting each month, and , by ordinance , may provide for additional regular meetings.

    2.  Except as otherwise provided in section 1 of Senate Bill No. 329 of this [act,] session, a majority of all members of the [board of supervisors] city council constitutes a quorum to do business, but a lesser number of the members of the city council may meet and recess from time to time, and compel the attendance of the absent members.

    3.  Except as otherwise provided by law, all sessions and all proceedings of the [board of supervisors] city council must be public.

    Sec. 35.  This act becomes effective on July 1, 2001.

________

 


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

κ2001 Statutes of Nevada, Page 1136κ

 

CHAPTER 256, SB 389

Senate Bill No. 389–Senators O’Donnell, Rawson, Titus, Raggio, Jacobsen, Amodei, Care, Coffin, James, Mathews, McGinness, Neal, Porter, Rhoads, Schneider, Shaffer, Washington and Wiener

 

CHAPTER 256

 

AN ACT relating to the Civil Air Patrol; increasing the maximum amount that may be paid to the Civil Air Patrol account from the account for taxes on aviation fuel; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 365.565 is hereby amended to read as follows:

    365.565  The tax derived from aviation fuel must be distributed quarterly from the account for taxes on aviation fuel in the following manner:

    1.  There must be transferred to the Civil Air Patrol account, hereby created, from the account for taxes on aviation fuel, for the ensuing fiscal year, a sum not to exceed [$85,000] $130,000 or the total amount in the account, whichever is less. The amount so transferred must be expended for the support of the Nevada Wing [27001] of the Civil Air Patrol and is in addition to and separate from any legislative appropriations made to the Civil Air Patrol account for the support of that wing.

    2.  Money in the Civil Air Patrol account may be paid out only upon claims certified by the wing commander and the wing finance officer and approved by the state board of examiners, in the same manner as other claims against the state are paid.

    3.  Money in the Civil Air Patrol account may be used only by the wing to:

    (a) Carry out its search, rescue and emergency operations;

    (b) Maintain a headquarters; and

    (c) Purchase, maintain and repair emergency and training equipment.

    4.  No money in the Civil Air Patrol account may be expended for:

    (a) The purchase of any aircraft;

    (b) Travel expenses;

    (c) Training expenses; or

    (d) Fuel for vehicles or aircraft used in an official mission of the United States Air Force.

    5.  Any person who makes a claim against the Civil Air Patrol account shall reimburse the account if payment for the claim is also received from another source.

    6.  There must be remitted to the treasurer of each county such portion of the remaining balance in the account for taxes on aviation fuel as is proportional to the excise taxes remitted by dealers or users in his county.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 


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

κ2001 Statutes of Nevada, Page 1137κ

 

CHAPTER 257, SB 480

Senate Bill No. 480–Committee on Finance

 

CHAPTER 257

 

AN ACT relating to state financial administration; extending the date for submittal of biennial budgets proposed by state agencies; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 353.210 is hereby amended to read as follows:

    353.210  1.  Except as otherwise provided in subsection 6, on or before [August 15] September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on money designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

    2.  The chief shall direct that one copy of the forms submitted pursuant to subsection 1, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before [August 15] September 1 of each even-numbered year.

    3.  The budget division of the department of administration shall give advance notice to the fiscal analysis division of the legislative counsel bureau of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates. A fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

    4.  The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures, and must include a mission statement and measurement indicators for each program. The organizational units may be subclassified by functions and activities, or in any other manner at the discretion of the chief.

    5.  If any department, institution or other agency of the executive department of the state government, whether its money is derived from state money or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may, from any data at hand in his office or which he may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.


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

κ2001 Statutes of Nevada, Page 1138 (Chapter 257, SB 480)κ

 

    6.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system and the judicial department of the state government shall submit to the chief for his information in preparing the proposed executive budget the budgets which they propose to submit to the legislature.

________

 

CHAPTER 258, SB 546

Senate Bill No. 546–Committee on Judiciary

 

CHAPTER 258

 

AN ACT relating to crimes; revising the penalties for abuse or neglect of a child; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 200.508 is hereby amended to read as follows:

    200.508  1.  A person who [:

    (a) Willfully] willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect [; or

    (b) Is] :

    (a) If substantial bodily or mental harm results to the child:

         (1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

         (2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or

    (b) If substantial bodily or mental harm does not result to the child:

         (1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

         (2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,

unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.


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

κ2001 Statutes of Nevada, Page 1139 (Chapter 258, SB 546)κ

 

    2.  A person who is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect [,

is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.

    2.  A person who violates any provision of subsection 1, if] :

    (a) If substantial bodily or mental harm results to the child:

    [(a)]    (1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished 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; or

    [(b)] (2) In all other such cases to which [paragraph (a)] subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years [.] ; or

    (b) If substantial bodily or mental harm does not result to the child:

         (1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or

         (2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,

unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

    3.  As used in this section:

    (a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

    (b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.

    (c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.

    (d) “Physical injury” means:

         (1) Permanent or temporary disfigurement; or

         (2) Impairment of any bodily function or organ of the body.

    (e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.


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

κ2001 Statutes of Nevada, Page 1140 (Chapter 258, SB 546)κ

 

    Sec. 2.  NRS 207.012 is hereby amended to read as follows:

    207.012  1.  A person who:

    (a) Has been convicted in this state of a felony listed in subsection 2; and

    (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this state would be a felony listed in subsection 2, whether the prior convictions occurred in this state or elsewhere,

is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

         (1) For life without the possibility of parole;

         (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

         (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

    2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 4 of NRS 200.460, NRS 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.

    3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

    Sec. 3.  NRS 178.5698 is hereby amended to read as follows:

    178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the written request of a victim or witness, inform him:

    (a) When the defendant is released from custody at any time before or during the trial;

    (b) If the defendant is so released, the amount of bail required, if any; and

    (c) Of the final disposition of the criminal case in which he was directly involved.

    2.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

    (a) To each witness, documentation that includes:

         (1) A form advising the witness of the right to be notified pursuant to subsection 4;

         (2) The form that the witness must use to request notification; and

         (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

    (b) To each person listed in subsection 3, documentation that includes:

         (1) A form advising the person of the right to be notified pursuant to subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;

 

Link to Page 1141