Amendment No. CA40

Conference Committee Amendment to Senate Bill No. 544 Third Reprint (BDR 23-230)

Proposed by: First Conference Committee

Amendment Box: Resolves conflicts with A.B. No. 12 and S.B. No. 404. Makes substantive changes.

Resolves Conflicts with: AB12, SB404

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 17, page 11, line 2, after "inclusive," by inserting:

"and section 2 of Senate Bill No. 404 of this [act,] session,".

Amend sec. 17, page 11, line 5, by deleting "to" and inserting:

"to, except as otherwise provided in section 2 of Senate Bill No. 404 of this [act,] session,".

Amend sec. 20, page 14, line 4, after "inclusive," by inserting:

"and sections 2 and 3 of Senate Bill No. 404 of this [act,] session,".

Amend sec. 27, page 17, line 20, after "board," by inserting:

"except as otherwise provided in sections 2 and 3 of Senate Bill No. 404 of this [act,] session,".

Amend the bill as a whole by adding a new section designated sec. 42.7, following sec. 42.5, to read as follows:

"Sec. 42.7. Section 3 of Assembly Bill No. 12 of this session is hereby amended to read as follows:

Sec. 3. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of prisons.

(c) The University and Community College System of Nevada.

(d) The office of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The welfare division of the department of human resources.

(h) The division of health care financing and policy of the department of human resources.

(i) The state board of examiners acting pursuant to chapter 217 of NRS.

(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.

(k) The division of industrial relations of the department of business and industry acting to enforce the provisions of NRS 618.375.

(l) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

2. Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees’ benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;

(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

(e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or

(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.".

Amend sec. 47, page 30, line 16, by deleting "insurance," and inserting:

"insurance or the public employees’ benefits program,".

Amend the bill as a whole by adding new sections designated sections 47.2 and 47.3, following sec. 47, to read as follows:

"Sec. 47.2. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:

Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the [state’s program of group insurance] public employees’ benefits program if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the [state’s program of group insurance] public employees’ benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.

2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the [state’s program of group insurance.] public employees’ benefits program. If such a spouse or child elects to join the [state’s program of group insurance,] public employees’ benefits program, the spouse, child or legal guardian of the child must notify in writing the [committee on benefits] board within 60 days after the date of death of the volunteer fireman.

3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the [state’s program of group insurance] public employees’ benefits program for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the [state’s program of group insurance] public employees’ benefits program for the surviving spouse or child who elects to join the [state’s program of group insurance] public employees’ benefits program pursuant to subsection 2.

4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:

(a) The age of 18 years; or

(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

5. As used in this section "police officer" has the meaning ascribed to it in NRS 617.135.

Sec. 47.3. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:

Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the public employees’ benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the public employees’ benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.

2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the public employees’ benefits program. If such a spouse or child elects to join the public employees’ benefits program the spouse, child or legal guardian of the child must notify in writing the board within 60 days after the date of death of the volunteer fireman.

3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the public employees’ benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the public employees’ benefits program for the surviving spouse or child who elects to join the public employees’ benefits program pursuant to subsection 2.

4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:

(a) The age of 18 years; or

(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

5. As used in this section "police officer" has the meaning ascribed to it in NRS 617.135.".

Amend sec. 49, page 30, line 41, after "42," by inserting "42.7, 47.2,".

Amend sec. 49, page 31, by deleting line 1 and inserting:

"4. Sections 12.5 and 47.3 of this act become effective on July 1, 1999, for the".

Amend sec. 49, page 31, line 2, by deleting "July" and inserting "January".

Amend sec. 50, page 31, line 9, by deleting "to" and inserting "to:"

Amend sec. 50, page 31, line 10, by deleting ""committee" and inserting "(a) "Committee".

Amend sec. 50, page 31, between lines 11 and 12 by inserting:

"(b) "State’s program of group insurance" to "public employees’ benefits program."".

Amend sec. 50, page 31, line 13, by deleting "to committee" and inserting:

"to:

(a) "Committee".

Amend sec. 50, page 31, after line 14 by inserting:

"(b) "State’s program of group insurance" to "public employees’ benefits program."".