AB5_EN

Assembly Bill No. 5–Committee of the Whole

CHAPTER..........

AN ACT relating to statutes; making technical corrections to certain measures approved by the 72nd Session of the Nevada Legislature; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 1 of Assembly Bill No. 192 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Section 1. Chapter 482 of NRS is hereby amended by

adding thereto a new section to read as follows:

1. With respect to any special license plate that is issued

pursuant to NRS 482.3667 to 482.3825, inclusive, and for

which an additional fee is imposed for the issuance of the

special license plate to generate financial support for a

charitable organization:

(a) The Director shall, at the request of the charitable

organization that is benefited by the particular special license

plate:

(1) Order the design and preparation of souvenir

license plates, the design of which must be substantially

similar to the particular special license plate; and

(2) Issue such souvenir license plates, for a fee

established pursuant to NRS 482.3825, only to the charitable

organization that is benefited by the particular special license

plate. The charitable organization may resell such souvenir

license plates at a price determined by the charitable

organization.

(b) The Department may, except as otherwise provided in

this paragraph and after [approving the final design of] the

particular special license plate [,] is approved for issuance,

issue the special license plate for a trailer or other type of

vehicle that is not a passenger car or light commercial

vehicle, excluding motorcycles and vehicles required to be

registered with the Department pursuant to NRS 706.801 to

706.861, inclusive, upon application by a person who is

entitled to license plates pursuant to NRS 482.265 and who

otherwise complies with the requirements for registration and

licensing pursuant to this chapter. The Department may not

issue a special license plate for such other types of vehicles if

the Department determines that the design or manufacture of

the plate for those other types of vehicles would not be

feasible. In addition, if the Department incurs additional costs

to manufacture a special license plate for such other types of

vehicles, including, without limitation, costs associated with

the purchase, manufacture or modification of dies or other

equipment necessary to manufacture the special license plate

for such other types of vehicles, those additional costs must

be paid from private sources without any expense to the State

of Nevada.

2. As used in this section, “charitable organization”

means a particular cause, charity or other entity that receives

money from the imposition of an additional fee in connection

with the issuance of a special license plate pursuant to NRS

482.3667 to 482.3825, inclusive. The term includes the

successor, if any, of a charitable organization.

Sec. 2. Section 2 of Assembly Bill No. 388 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Sec. 2. Chapter 287 of NRS is hereby amended by

adding thereto a new section to read as follows:

1. A local government employer and any employee

organization that is recognized by the employer pursuant to

chapter 288 of NRS may, by written agreement between

themselves or with other local government employers and

employee organizations, establish a trust fund to provide

health and welfare benefits to active and retired employees of

the participating employers and the dependents of those

employees.

2. All contributions made to a trust fund established

pursuant to this section must be held in trust and used:

(a) To provide, from principal or income, or both, for the

benefit of the participating employees and their dependents,

medical, hospital, dental, vision, death, disability or accident

benefits, or any combination thereof, and any other benefit

appropriate for an entity that qualifies as a voluntary

employees’ beneficiary association under Section 501(c)(9)

of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(9),

as amended; and

(b) To pay any reasonable administrative expenses

incident to the provision of these benefits and the

administration of the trust.

3. The basis on which contributions are to be made to

the trust must be specified in a collective bargaining

agreement between each participating local government

employer and employee organization or in a written

participation agreement between the employer and employee

organization, jointly, and the trust.

4. The trust must be administered by a board of trustees

on which participating local government employers and

employee organizations are equally represented. The

agreement that establishes the trust must:

(a) Set forth the powers and duties of the board of

trustees, which must not be inconsistent with the provisions

of this section;

(b) Establish a procedure for resolving expeditiously any

deadlock that arises among the members of the board of

trustees; and

results of which must be reported to each participating

employer and employee organization.

5. The provisions of paragraphs (b) and (c) of

subsection 2 of section 1 of Senate Bill No. 28 of the 72nd

Session of the Nevada Legislature apply to a trust fund

established pursuant to this section by the governing body

of a school district.

6. As used in this section:

(a) “Employee organization” has the meaning ascribed to

it in NRS 288.040.

(b) “Local government employer” has the meaning

ascribed to it in NRS 288.060.

Sec. 3. Section 16 of Assembly Bill No. 490 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Sec. 16. 1. The Commissioner shall collect an

assessment pursuant to this section from each:

(a) Escrow [agent] agencythat is supervised pursuant to

chapter 645A of NRS;

(b) Mortgage broker that is supervised pursuant to chapter

645B of NRS; and

645E of NRS.

2. The Commissioner shall determine the total amount

of all assessments to be collected from the entities identified

in subsection 1, but that amount must not exceed the amount

necessary to recover the cost of legal services provided by

the Attorney General to the Commissioner and to the

Division. The total amount of all assessments collected must

be reduced by any amounts collected by the Commissioner

from an entity for the recovery of the costs of legal services

provided by the Attorney General in a specific case.

3. The Commissioner shall collect from each entity

identified in subsection 1 an assessment that is based on:

(a) An equal basis; or

(b) Any other reasonable basis adopted by the

Commissioner.

4. The assessment required by this section is in addition

to any other assessment, fee or cost required by law to be

paid by an entity identified in subsection 1.

5. Money collected by the Commissioner pursuant to

this section must be deposited in the Fund for Mortgage

Lending created by section 17 of this act.

Sec. 4. Section 45 of Assembly Bill No. 490 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Sec. 45. NRS 645B.670 is hereby amended to read as

follows:

645B.670 Except as otherwise provided in

NRS 645B.690:

1. For each violation committed by an applicant for a

license issued pursuant to this chapter,whether or not he is

issued a license, the Commissioner may impose upon the

applicant an administrative fine of not more than $10,000, if

the applicant:

(a) Has knowingly made or caused to be made to the

Commissioner any false representation of material fact;

(b) Has suppressed or withheld from the Commissioner

any information which the applicant possesses and which, if

submitted by him, would have rendered the applicant

ineligible to be licensed pursuant to the provisions of this

chapter; or

adopted pursuant to this chapter or an order of the

Commissioner in completing and filing his application for a

license or during the course of the investigation of his

application for a license.

2. For each violation committed by a [licensee,]

mortgage broker, the Commissioner may impose upon the

[licensee] mortgage broker an administrative fine of not

more than $10,000, may suspend, revoke or place conditions

upon his license, or may do both, if the [licensee,] mortgage

broker, whether or not acting as such:

(a) Is insolvent;

(b) Is grossly negligent or incompetent in performing any

act for which he is required to be licensed pursuant to the

provisions of this chapter;

or has violated any provision of this chapter, a regulation

adopted pursuant to this chapter or an order of the

Commissioner;

(d) Is in such financial condition that he cannot continue

in business with safety to his customers;

(e) Has made a material misrepresentation in connection

with any transaction governed by this chapter;

(f) Has suppressed or withheld from a client any material

facts, data or other information relating to any transaction

governed by the provisions of this chapter which the

[licensee] mortgage broker knew or, by the exercise of

reasonable diligence, should have known;

(g) Has knowingly made or caused to be made to the

Commissioner any false representation of material fact or has

suppressed or withheld from the Commissioner any

information which the [licensee] mortgage broker possesses

and which, if submitted by him, would have rendered the

[licensee] mortgage broker ineligible to be licensed pursuant

to the provisions of this chapter;

(h) Has failed to account to persons interested for all

money received for a trust account;

(i) Has refused to permit an examination by the

Commissioner of his books and affairs or has refused or

failed, within a reasonable time, to furnish any information

or make any report that may be required by the

Commissioner pursuant to the provisions of this chapter or a

regulation adopted pursuant to this chapter;

(j) Has been convicted of, or entered a plea of nolo

contendere to, a felony or any crime involving fraud,

misrepresentation or moral turpitude;

(k) Has refused or failed to pay, within a reasonable time,

any fees, assessments, costs or expenses that the [licensee]

mortgage broker is required to pay pursuant to this chapter

or a regulation adopted pursuant to this chapter;

(l) Has failed to satisfy a claim made by a client which

has been reduced to judgment;

(m) Has failed to account for or to remit any money of a

client within a reasonable time after a request for an

accounting or remittal;

(n) Has commingled the money or other property of a

client with his own or has converted the money or property

of others to his own use;

(o) Has engaged in any other conduct constituting a

deceitful, fraudulent or dishonest business practice;

(p) Has repeatedly violated the policies and procedures of

the mortgage broker;

(q) Has failed to exercise reasonable supervision over the

activities of a mortgage agent as required by NRS 645B.460;

(r) Has instructed a mortgage agent to commit an act that

would be cause for the revocation of the license of the

mortgage broker, whether or not the mortgage agent commits

the act;

(s) Has employed a person as a mortgage agent or

authorized a person to be associated with the [licensee]

mortgage broker as a mortgage agent at a time when the

[licensee] mortgage broker knew or, in light of all the

surrounding facts and circumstances, reasonably should have

known that the person:

(1) Had been convicted of, or entered a plea of nolo

contendere to, a felony or any crime involving fraud,

misrepresentation or moral turpitude; or

(2) Had a financial services license or registration

suspended or revoked within the immediately preceding 10

years; or

(t) Has not conducted verifiable business as a mortgage

broker for 12 consecutive months, except in the case of a

new applicant. The Commissioner shall determine whether a

mortgage broker is conducting business by examining the

monthly reports of activity submitted by the [licensee]

mortgage broker or by conducting an examination of the

[licensee.] mortgage broker.

3. For each violation committed by a mortgage agent,

the Commissioner may impose upon the mortgage agent an

administrative fine of not more than $10,000, may suspend,

revoke or place conditions upon his license, or may do

both, if the mortgage agent, whether or not acting as such:

(a) Is grossly negligent or incompetent in performing

any act for which he is required to be licensed pursuant to

the provisions of this chapter;

(b) Has made a material misrepresentation in

connection with any transaction governed by this chapter;

material facts, data or other information relating to any

transaction governed by the provisions of this chapter

which the mortgage agent knew or, by the exercise of

reasonable diligence, should have known;

(d) Has knowingly made or caused to be made to the

Commissioner any false representation of material fact or

has suppressed or withheld from the Commissioner any

information which the mortgage agent possesses and

which, if submitted by him, would have rendered the

mortgage agent ineligible to be licensed pursuant to the

provisions of this chapter;

(e) Has been convicted of, or entered a plea of nolo

contendere to, a felony or any crime involving fraud,

misrepresentation or moral turpitude;

(f) Has failed to account for or to remit any money of a

client within a reasonable time after a request for an

accounting or remittal;

(g) Has commingled the money or other property of a

client with his own or has converted the money or property

of others to his own use;

(h) Has engaged in any other conduct constituting a

deceitful, fraudulent or dishonest business practice;

(i) Has repeatedly violated the policies and procedures

of the mortgage broker with whom he is associated or by

whom he is employed; or

(j) Has violated any provision of this chapter, a

regulation adopted pursuant to this chapter or an order of

the Commissioner or has assisted or offered to assist

another person to commit such a violation.

Sec. 5. Section 3 of Assembly Bill No. 493 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Sec. 3. 1. On a quarterly or other regular basis, the

Commissioner shall collect an assessment pursuant to this

section from each:

(a) Check-cashing service or deferred deposit service that

is supervised pursuant to chapter 604 of NRS;

(b) [Escrow agent that is supervised pursuant to chapter

645A of NRS;

645B of NRS;

(d) Mortgage company that is supervised pursuant to

chapter 645E of NRS;

(e)]Collection agency that is supervised pursuant to

chapter 649 of NRS;

[(f)] (c)Bank that is supervised pursuant to chapters 657

to 668, inclusive, of NRS;

[(g)] (d)Trust company that is supervised pursuant to

chapter 669 of NRS;

[(h)] (e)Development corporation that is supervised

pursuant to chapter 670 of NRS;

[(i)] (f)Corporation for economic revitalization and

diversification that is supervised pursuant to chapter 670A of

NRS;

[(j)] (g)Person engaged in the business of selling or

issuing checks or of receiving for transmission or

transmitting

money or credits that is supervised pursuant to chapter 671 of

NRS;

[(k)] (h)Savings and loan association that is supervised

pursuant to chapter 673 of NRS;

[(l)] (i)Person engaged in the business of lending that is

supervised pursuant to chapter 675 of NRS;

[(m)] (j)Person engaged in the business of debt adjusting

that is supervised pursuant to chapter 676 of NRS;

[(n)] (k)Thrift company that is supervised pursuant to

chapter 677 of NRS; and

[(o)] (l)Credit union that is supervised pursuant to

chapter 678 of NRS.

2. The Commissioner shall determine the total amount

of all assessments to be collected from the entities identified

in subsection 1, but that amount must not exceed the amount

necessary to recover the cost of legal services provided by

the Attorney General to the Commissioner and to the

Division. The total amount of all assessments collected must

be reduced by any amounts collected by the Commissioner

from an entity for the recovery of the costs of legal services

provided by the Attorney General in a specific case.

3. The Commissioner shall collect from each entity

identified in subsection 1 an assessment that is based on:

(a) A portion of the total amount of all assessments as

determined pursuant to subsection 2, such that the

assessment collected from an entity identified in subsection 1

shall bear the same relation to the total amount of all

assessments as the total assets of that entity bear to the total

of all assets of all entities identified in subsection 1; or

(b) Any other reasonable basis adopted by the

Commissioner.

4. The assessment required by this section is in addition

to any other assessment, fee or cost required by law to be

paid by an entity identified in subsection 1.

5. Money collected by the Commissioner pursuant to

this section must be deposited in the State Treasury pursuant

to the provisions of section 2 of this act.

Sec. 6. Section 15 of Assembly Bill No. 541 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Sec. 15. Chapter 294A of NRS is hereby amended by

adding thereto a new section to read as follows:

The Secretary of State [and a city clerk] shall not request

or require a candidate, person, group of persons, committee

or political party to list each of the expenditures or campaign

expenses of $100 or less on a form designed and provided

pursuant to [NRS 294A.125, 294A.200, 294A.210, 294A.220,

294A.280, 294A.360 or 294A.362.] section 1 of Assembly

Bill No. 529 of the 72nd Session of the Nevada Legislature.

Sec. 7. Section 4 of Assembly Bill No. 555 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Sec. 4. 1. There is hereby appropriated from the State

General Fund to the State Board of Examiners for

reimbursement to any department, commission or agency of

the State of Nevada, including the Judicial Branch of

government, which receives part or all of its funding from

the State General Fund, for the difference between the

maximum amount allowed in sections 1, 2 and 3 of this act

and the amount budgeted for that purpose:

For the Fiscal Year 2004-2005$874,112

2. There is hereby appropriated from the State Highway

Fund to the State Board of Examiners for reimbursement to a

state agency which receives part or all of its funding from the

State Highway Fund, for the difference between the

maximum amount allowed in sections 1, 2 and 3 of this act

and the amount budgeted for that purpose:

For the Fiscal Year 2004-2005$19,188

3. The State Board of Examiners, upon the

recommendation of the Director of the Department of

Administration, may allocate and disburse from the

appropriate fund to various departments, commissions and

agencies of the State of Nevada, out of the money

appropriated by this section such sums of money as may

from time to time be required, which, when added to the

money otherwise appropriated or available, equals the

amount of money required to pay the salaries of the

[classified] unclassified employees of the respective

departments, commissions and agencies under the adjusted

pay plan.

Sec. 8. Senate Bill No. 78 of the 72nd Session of the Nevada

Legislature is hereby amended by adding thereto a new section to

be designated as sec. 7.5, immediately following sec. 7, to read as

follows:

Sec. 7.5. Notwithstanding any law to the contrary, any

regulations adopted pursuant to the amendatory provisions of

Chapter 418, Statutes of Nevada 2001, at page 2120, before

July 1, 2003, that were originally set to:

1. Expire by limitation on June 30, 2003, are hereby

extended and shall remain effective through June 30, 2009;

2. Become effective on July 1, 2003, are hereby delayed

and shall become effective on July 1, 2009,

unless amended or repealed before that date.

Sec. 9. Section 8 of Senate Bill No. 78 of the 72nd Session of

the Nevada Legislature is hereby amended to read as follows:

Sec. 8. 1. This section and section 7.5 of this act

become effective on June 30, 2003.

2. Sections 1, 3, 5, 6 and 7 of this act become effective

on July 1, 2003.

3. Sections 1 and 3 of this act expire by limitation on

June 30, 2009.

4. Sections 2 and 4 of this act become effective on

July 1, 2009.

Sec. 10. Section 1.3 of Senate Bill No. 147 of the 72nd

Session of the Nevada Legislature is hereby amended to read as

follows:

Sec. 1.3. 1. A list of each public officer who is

required to file a statement of financial disclosure [pursuant

to NRS 281.561 or section 1.7 of this act] must be submitted

electronically to the Commission and to the Secretary of

State, in a form prescribed by the Commission, on or before

December 1 of each year by:

(a) Each county clerk for all public officers of the county

and other local governments within the county other than

cities;

(b) Each city clerk for all public officers of the city;

public officers of the Legislative Branch; and

(d) The Chief of the Budget Division of the Department

of Administration for all public officers of the Executive

Branch.

2. The Secretary of State, each county clerk, or the

registrar of voters of the county if one was appointed

pursuant to NRS 244.164, and each city clerk shall submit

electronically to the Commission, and each county clerk, or

the registrar of voters of the county if one was appointed

pursuant to NRS 244.164, and each city clerk shall submit

electronically to the Secretary of State, in a form prescribed

by the Commission, a list of each candidate for public office

who filed a declaration of candidacy or acceptance of

candidacy with that officer within 10 days after the last day

to qualify as a candidate for the applicable office.

Sec. 11. Section 2 of Senate Bill No. 147 of the 72nd Session

of the Nevada Legislature is hereby amended to read as follows:

Sec. 2. NRS 281.431 is hereby amended to read as

follows:

281.431 As used in NRS 281.411 to 281.581, inclusive,

and [sections 1.3 and 1.7]section 1.3 of this act,unless the

context otherwise requires, the words and terms defined in

NRS 281.432 to 281.4375, inclusive, have the meanings

ascribed to them in those sections.

Sec. 12. Section 9 of Senate Bill No. 183 of the 72nd Session

of the Nevada Legislature is hereby amended to read as follows:

Sec. 9. Chapter 287 of NRS is hereby amended by

adding thereto a new section to read as follows:

The governing body of any county, school district,

municipal corporation, political subdivision, public

corporation or other local governmental agency of the State

of Nevada that provides health insurance through a plan of

self-insurance shall provide coverage for colorectal cancer

screening in accordance with:

1. The guidelines concerning colorectal cancer

screening which are published by the American Cancer

Society; or

2. Other guidelines or reports concerning colorectal

cancer screening which are published by nationally

recognized professional organizations and which include

current or prevailing supporting scientific data.

Sec. 13. Section 1 of Senate Bill No. 233 of the 72nd Session

of the Nevada Legislature is hereby amended to read as follows:

Section 1. NRS 349.986 is hereby amended to read as

follows:

349.986 The State Board of Finance shall issue general

obligation bonds of the State of Nevada in the face amount of

not more than [$86,000,000] $90,000,000 to support the

purposes of the program. The net proceeds from the sale of

the bonds must be deposited in the Fund. The bonds must be

redeemed through the Consolidated Bond Interest and

Redemption Fund.

Sec. 14. Section 35 of Senate Bill No. 250 of the 72nd Session

of the Nevada Legislature is hereby amended to read as follows:

Sec. 35. [In] Except as otherwise provided in section 5

of Senate Bill No. 332 of the 72nd Session of the Nevada

Legislature, in addition to the other requirements for

licensure, an applicant for a license to practice medicine shall

cause to be submitted to the Board a certificate of completion

of progressive postgraduate training from the residency

program where the applicant received training.

Sec. 15. Section 52 of Senate Bill No. 250 of the 72nd Session

of the Nevada Legislature is hereby amended to read as follows:

Sec. 52. NRS 630.301 is hereby amended to read as

follows:

630.301 The following acts, among others, constitute

grounds for initiating disciplinary action or denying

licensure:

1. Conviction of a felony[.] relating to the practice of

medicine or the ability to practice medicine. A plea of nolo

contendere is a conviction for the purposes of this

subsection.

2. Conviction of violating any of the provisions of NRS

616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or

616D.350 to 616D.440, inclusive.

3. The revocation, suspension, modification or limitation

of the license to practice any type of medicine by any other

jurisdiction or the surrender of the license or discontinuing

the practice of medicine while under investigation by any

licensing authority, a medical facility, a branch of the Armed

Services of the United States, an insurance company, an

agency of the Federal Government or an employer.

4. Malpractice, which may be evidenced by claims

settled against a practitioner, but only if such malpractice is

established by a preponderance of the evidence.

5. The engaging by a practitioner in any sexual activity

with a patient who is currently being treated by the

practitioner.

6. Disruptive behavior with physicians, hospital

personnel, patients, members of the families of patients or

any other persons if the behavior interferes with patient care

or has an adverse impact on the quality of care rendered to a

patient.

7. The engaging in conduct that violates the trust of a

patient and exploits the relationship between the physician

and the patient for financial or other personal gain.

8. The failure to offer appropriate procedures or studies,

to protest inappropriate denials by organizations for managed

care, to provide necessary services or to refer a patient to an

appropriate provider, when such a failure occurs with the

intent of positively influencing the financial well-being of

the practitioner or an insurer.

9. The engaging in conduct that brings the medical

profession into disrepute, including, without limitation,

conduct that violates any provision of a national code of

ethics adopted by the Board by regulation.

10. The engaging in sexual contact with the surrogate of

a patient or other key persons related to a patient, including,

without limitation, a spouse, parent or legal guardian, which

exploits the relationship between the physician and the

patient in a sexual manner.

Sec. 16. 1. Section 32 of Assembly Bill No. 55 of the 72nd

Session of the Nevada Legislature is hereby repealed.

2. Sections 12, 13 and 14 of Assembly Bill No. 493 of the 72nd

Session of the Nevada Legislature are hereby repealed.

3. Section 38 of Senate Bill No. 100 of the 72nd Session of the

Nevada Legislature is hereby repealed.

4. Sections 1.7, 3.7, 8.3, 8.7, 9 and 11 of Senate Bill No. 147 of

the 72nd Session of the Nevada Legislature are hereby repealed.

5. Section 4 of Senate Bill No. 200 of the 72nd Session of the

Nevada Legislature is hereby repealed.

6. Section 45 of Senate Bill No. 250 of the 72nd Session of the

Nevada Legislature is hereby repealed.

Sec. 17. 1. This section and sections 8 and 9 of this act

become effective upon passage and approval, but apply

retroactively to June 30, 2003.

2. Sections 1 to 5, inclusive, and 7 to 16, inclusive, of this act

become effective upon passage and approval.

3. Section 6 of this act becomes effective on January 1, 2004.

²⁰~~~~~⁰³