Sec. 54. This chapter does not apply to common-interest

subsection 2 of section 108 of this act.

Sec. 71. 1. Except in cases of amendments that may be

the name of the parties executing the amendment.

4. Except to the extent expressly permitted or required by other

provisions of this chapter, no amendment may create or increase

special declarant’s rights, increase the number of units, change the

boundaries of any unit, change the allocated interests of a unit or

change the uses to which any unit is restricted, in the absence of

unanimous consent of the units’ owners affected and the consent of

a majority of the owners of the remaining units.

5. Amendments to the declaration required by this chapter to be

recorded by the association must be prepared, executed, recorded

and certified on behalf of the association by any officer of the

association designated for that purpose or, in the absence of

designation, by the president of the association.

Sec. 140.7. Section 25 of chapter 573, Statutes of Nevada

1993, at page 2362, is hereby amended to read as follows:

Sec. 25. NRS 116.2117 is hereby amended to read as

4. Except to the extent expressly permitted or required by

restricted, in the absence of unanimous consent of the units’

owners affected and the consent of a majority of the owners of

the remaining units.

5. Amendments to the declaration required by this chapter to

be recorded by the association must be prepared, executed,

recorded and certified on behalf of the association by any officer

of the association designated for that purpose or, in the absence

of designation, by the president of the association.

Sec. 8. NRS 205.380 is hereby amended to read as follows:

205.380 1. A person who knowingly and designedly by any

false pretense obtains from any other person any chose in action,

money, goods, wares, chattels, effects or other valuable thing,

including rent or the labor of another person not his employee, with

the intent to cheat or defraud the other person, is a cheat, and,

unless otherwise prescribed by law, shall be punished:

(a) If the value of the thing or labor fraudulently obtained was

$250 or more, for a category B felony 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 by a fine of not more than

$10,000, or by both fine and imprisonment. In addition to any other

penalty, the court shall order the person to pay restitution.

(b) If the value of the thing or labor fraudulently obtained was

less than $250, for a misdemeanor, and must be sentenced to restore

the property fraudulently obtained, if it can be done, or tender

payment for rent or labor.

2. For the purposes of this section, it is prima facie evidence of

an intent to defraud if the drawer of a check or other instrument

given in payment for:

(a) Property which can be returned in the same condition in

which it was originally received;

(b) Rent; or

(c) Labor performed in a workmanlike manner whenever a

written estimate was furnished before the labor was performed and

the actual cost of the labor does not exceed the estimate,

stops payment on that instrument and fails to return or offer to

return the property in that condition, or to specify in what way the

labor was deficient within 5 days after receiving notice from the

payee that the instrument has not been paid by the drawee.

3. The notice must be sent to the drawer by certified mail,

return receipt requested, at the address shown on the instrument.

The notice must include a statement of the penalties set forth in this

section. Return of the notice because of nondelivery to the drawer

raises a rebuttable presumption of the intent to defraud.

4. A notice in boldface type clearly legible and in substantially

the following form must be posted in a conspicuous place in every

principal and branch office of every bank and in every place of

business in which retail selling is conducted or labor is performed

for the public and must be furnished in written form by a landlord to

a tenant:

The notice must be prepared and copies thereof supplied on demand

division of the department of administration, who may charge a fee

based on the cost for each copy of the notice supplied to any

person.

Section 1. NRS 277.185 is hereby amended to read as follows:

277.185 1. The agencies of this state, and the local

governments within this state, that collect taxes or fees from persons

engaged in business, or require such persons to provide related

information and forms, shall coordinate their collection of

information and forms so that each enterprise is required to furnish

information in as few separate reports as possible. This section

applies specifically, but is not limited, to the department of taxation,

the employment security division of the department of employment,

training and rehabilitation, the state department of conservation and

natural resources, the state industrial insurance system, and the

counties and cities that require a business license.

2. On or before October 1 of each year, the executive director

of the department of taxation shall convene the heads, or persons

designated by the respective heads, of the state agencies named in

subsection 1 and the appropriate officers of the cities and counties

that require a business license. The secretary of state, a

representative of the Nevada Association of Counties and a

representative of the Nevada League of Cities must be invited to

attend the meeting. If he knows, or is made aware by persuasive

information furnished by any enterprise required to pay a tax or fee

or to provide information, that any other state or local agency needs

to participate to accomplish the purpose set forth in subsection 1, he

shall also invite the head of that agency or the appropriate officer of

the local government, and the person so invited shall attend. The

director of the department of information technology shall assist in

effecting the consolidation of the information and the creation of the

forms.

3. The persons so assembled shall design and modify, as

appropriate, the necessary joint forms for use during the ensuing

fiscal year to accomplish the purpose set forth in subsection 1. If

any dispute cannot be resolved by the participants, it must be

referred to the Nevada tax commission for a decision that is binding

on all parties.

Sec. 27.1. Section 17.3 of chapter 587, Statutes of Nevada

1995, at page 2124, is hereby amended to read as follows:

Sec. 18. Section 1 of Assembly Bill No. 105 of this session is

hereby amended to read as follows:

Section 1. Chapter 623 of NRS is hereby amended by

adding thereto a new section to read as follows:

The board may, by regulation, require each architect,

certificate of registration pursuant to the provisions of this

chapter to complete not more than 12 hours per year of

continuing education as a condition to the renewal of his

certificate.

Section 1. Section 53 of chapter 580, Statutes of Nevada 1995,

at page 2010, is hereby amended to read as follows:

Sec. 53. NRS 616A.465 is hereby amended to read as

follows:

616A.465 1. Except as otherwise provided in this section,

and the division’s regulations.

2. The commissioner is responsible for reviewing rates,

NRS.

3. The department of administration is responsible for

appeals pursuant to NRS 616B.215.

4. The Nevada attorney for injured workers is responsible for

legal representation of claimants pursuant to NRS 616A.435 to

616A.460, inclusive, and 616D.120.

5. The division is responsible for the investigation of

complaints. If a complaint is filed with the division, the

administrator shall cause to be conducted an investigation which

includes a review of relevant records and interviews of affected

persons. If the administrator determines that a violation may have

occurred, the administrator shall proceed in accordance with the

provisions of NRS 616D.120 and 616D.130.

Sec. 2. Section 14 of chapter 580, Statutes of Nevada 1995, at

page 2001, is hereby amended to read as follows:

July 1, 1999.

Sec. 15. NRS 706.541 is hereby amended to read as follows:

706.541 1. Any person who elects to purchase a temporary

route.

Sec. 18. NRS 205.275 is hereby amended to read as follows:

owner from again possessing his property, buys, receives, possesses

(b) Under such circumstances as should have caused a

person to pay restitution.

or a similar class or type of personal property on which a

permanently affixed manufacturer’s serial number or

manufacturer’s identification number has been removed, altered or

defaced, is prima facie evidence that the person has violated this

section.

Sec. 62. NRS 104.8206 is hereby amended to read as follows:

signatures necessary to its issue or transfer but is incomplete in any

other respect:

(a) Any person may complete it by filling in the blanks as

authorized; and

(b) Even though the blanks are incorrectly filled in, the security

for value and without notice of the incorrectness.

improperly altered, even though fraudulently, remains enforceable,

but only according to its original terms.

Section 1. NRS 14.030 is hereby amended to read as follows:

14.030 1. If any such company, association or municipal

for 30 days after a vacancy occurs in such agency, on the

production of a certificate of the secretary of state showing either

delivering a copy to the secretary of state, or, in his absence, to any

answer or plead.

shall make or cause to be made and filed an affidavit setting forth

the facts, showing that due diligence has been used to ascertain the

whereabouts of the officers of such company, association or

municipal corporation, and the facts showing that direct or personal

corporation cannot be had.

there is a last known address of such company, association or

municipal corporation, or any known officers thereof, the plaintiff

shall, in addition to and after such service on the secretary of state,

address, by registered or certified mail, a copy of the summons and

which to appear in the action.

Sec. 20. Sections 11, 15, 18, 22 and 25 of chapter 501,

Statutes of Nevada 1995, at pages 1652, 1655 and 1658, are hereby

amended to read respectively as follows:

Sec. 11. NRS 632.320 is hereby amended to read as follows:

632.320 The board may deny, revoke or suspend any license

1. Is guilty of fraud or deceit in procuring or attempting to

in which case the record of conviction is conclusive evidence

thereof.

3. Has been convicted of violating any of the provisions of

NRS 616.630, 616.635, 616.640 or 616.675 to 616.700,

inclusive.

4. Is unfit or incompetent by reason of gross negligence or

recklessness in carrying out usual nursing functions.

6. Is mentally incompetent.

(a) Conviction of practicing medicine without a license in

violation of chapter 630 of NRS, in which case the record of

conviction is conclusive evidence thereof.

applicant in any examination required pursuant to this chapter for

of malpractice settled against him.

8. Has willfully or repeatedly violated the provisions of this

violation of this chapter.

violation of this chapter.

10. Has falsified an entry on a patient’s medical chart

concerning a controlled substance.

11. Has falsified information which was given to a physician,

substance.

13. Has engaged in conduct likely to deceive, defraud or

endanger a patient or the general public.

Sec. 15. NRS 632.3425 is hereby amended to read as

follows:

certification until the completion of the suspension.

Sec. 18. NRS 632.400 is hereby amended to read as follows:

632.400 1. The board shall render a decision on any

complaint within 60 days after the final hearing thereon. For the

purposes of this subsection, the final hearing on a matter

delegated to a hearing officer pursuant to NRS 632.355 is the

final hearing conducted by the hearing officer unless the board

conducts a hearing with regard to the complaint.

and 632.420 are hereby repealed.

2168 and 2170, are hereby amended to read respectively as follows:

Sec. 147. 1. NRS 616.2213, 616.2214, 616.2215,

616.2216, 616.2217, 616.2225, 616.3445, 616.383, 616.387,

616.440, 616.450, 616.455, 616.460, 616.470, 616.475, 616.517,

2. Sections 158, 160 and 162 of chapter 265, Statutes of

Nevada 1993, are hereby repealed.

Sec. 155. 1. This section and subsection 2 of section 147

of this act become effective on June 30, 1995.

2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38,

39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85,

105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134,

149, 152 and 153 of this act become effective on July 1, 1995.

3. Sections 45, 77, 106 and 106.5 of this act become

effective at 12:01 a.m. on July 1, 1995.

130.6 of this act become effective on July 1, 1999.

2. Chapter 587, Statutes of Nevada 1995, at page 2124, is

hereby amended by adding thereto new sections to be designated as

sections 17.3, 17.5 and 17.7, immediately following section 17, to

read respectively as follows:

3. Chapter 587, Statutes of Nevada 1995, at page 2153, is

hereby amended by adding thereto a new section to be designated as

section 95.5, immediately following section 95, to read as follows:

Sec. 95.5. NRS 616.560 is hereby amended to read as

follows:

616.560 1. If an injured employee or, in the event of his

death, his dependents, bring an action in tort against his employer

to recover payment for an injury which is compensable under this

chapter or chapter 617 of NRS and, notwithstanding the

provisions of NRS 616.370, receive payment from the employer

for that injury:

(a) The amount of compensation the injured employee or his

dependents are entitled to receive pursuant to the provisions of

this chapter, including any future compensation, must be reduced

by the amount paid by the employer.

(b) The insurer, or in the case of claims involving the

fund the administrator, has a lien upon the total amount paid by

the employer if the injured employee or his dependents receive

compensation pursuant to the provisions of this chapter.

This subsection is applicable whether the money paid to the

employee or his dependents by the employer is classified as a

gift, a settlement or otherwise. The provisions of this subsection

do not grant to an injured employee any right of action in tort to

recover damages from his employer for his injury.

2. When an employee receives an injury for which

compensation is payable pursuant to the provisions of this

chapter and which was caused under circumstances creating a

legal liability in some person, other than the employer or a person

in the same employ, to pay damages in respect thereof:

(a) The injured employee, or in case of death his dependents,

may take proceedings against that person to recover damages, but

the amount of the compensation the injured employee or his

dependents are entitled to receive pursuant to the provisions of

this chapter, including any future compensation, must be reduced

by the amount of the damages recovered, notwithstanding any act

or omission of the employer or a person in the same employ

which was a direct or proximate cause of the employee’s injury.

(b) If the injured employee, or in case of death his dependents,

receive compensation pursuant to the provisions of this chapter,

the insurer, or in case of claims involving the uninsured

administrator, has a right of action against the person so liable to

pay damages and is subrogated to the rights of the injured

employee or of his dependents to recover therefor.

3. When an injured employee incurs an injury for which

compensation is payable pursuant to the provisions of this

chapter and which was caused under circumstances entitling him,

or in the case of death his dependents, to receive proceeds under

his employer’s policy of uninsured or underinsured vehicle

coverage:

(a) The injured employee, or in the case of death his

dependents, may take proceedings to recover those proceeds, but

the amount of compensation the injured employee or his

dependents are entitled to receive pursuant to the provisions of

this chapter, including any future compensation, must be reduced

by the amount of proceeds received.

(b) If an injured employee, or in the case of death his

dependents, receive compensation pursuant to the provisions of

this chapter, the insurer, or in the case of claims involving the

fund the administrator, is subrogated to the rights of the injured

employee or his dependents to recover proceeds under the

employer’s policy of uninsured or underinsured vehicle coverage.

The insurer and the administrator are not subrogated to the rights

of an injured employee or his dependents under a policy of

uninsured or underinsured vehicle coverage purchased by the

employee.

4. In any action or proceedings taken by the insurer or the

administrator pursuant to this section, evidence of the amount of

compensation, accident benefits and other expenditures which the

subsequent injury fund have paid or become obligated to pay by

reason of the injury or death of the employee is admissible. If in

such action or proceedings the insurer or the administrator

recovers more than those amounts, the excess must be paid to the

injured employee or his dependents.

5. In any case where the insurer or the administrator is

subrogated to the rights of the injured employee or of his

dependents as provided in subsection 2 or 3, the insurer or the

administrator has a lien upon the total proceeds of any recovery

from some person other than the employer, whether the proceeds

of such recovery are by way of judgment, settlement or

otherwise. The injured employee, or in the case of his death his

dependents, are not entitled to double recovery for the same

injury, notwithstanding any act or omission of the employer or a

person in the same employ which was a direct or proximate cause

of the employee’s injury.

6. The lien provided for under subsection 1 or 5 includes the

total compensation expenditure incurred by the insurer, the

fund for the injured employee and his dependents.

7. An injured employee, or in the case of death his

dependents, shall notify the insurer, or in the case of claims

injury fund the administrator, in writing before initiating a

proceeding or action pursuant to this section.

8. Within 15 days after the date of recovery by way of actual

receipt of the proceeds of the judgment, settlement or otherwise:

(a) The injured employee or his dependents, or the attorney or

representative of the injured employee or his dependents; and

(b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the

administrator, of the recovery and pay to the insurer or the

administrator, respectively, the amount due under this section

together with an itemized statement showing the distribution of

the total recovery. The attorney or representative of the injured

employee or his dependents and the third-party insurer are jointly

and severally liable for any amount to which an insurer is entitled

pursuant to this section if the attorney, representative or third-

party insurer has knowledge of the lien provided for in this

section.

9. An insurer shall not sell its lien to a third-party insurer

unless the injured employee or his dependents, or the attorney or

representative of the injured employee or his dependents, refuses

to provide to the insurer information concerning the action

against the third party.

10. In any trial of an action by the injured employee, or in

the case of his death by his dependents, against a person other

than the employer or a person in the same employ, the jury must

receive proof of the amount of all payments made or to be made

by the insurer or the administrator. The court shall instruct the

jury substantially as follows:

11. For the purposes of calculating an employer’s premium,

the employer’s account with the system must be credited with an

amount equal to that recovered by the system from a third party

pursuant to this section, less the system’s share of the expenses of

litigation incurred in obtaining the recovery, except that the total

credit must not exceed the amount of compensation actually paid

or reserved by the system on the injured employee’s claim.

12. As used in this section, "third-party insurer" means an

insurer that issued to a third party who is liable for damages

pursuant to subsection 2, a policy of liability insurance the

proceeds of which are recoverable pursuant to this section. The

term includes an insurer that issued to an employer a policy of

uninsured or underinsured vehicle coverage.

4. Chapter 587, Statutes of Nevada 1995, at page 2169, is

hereby amended by adding thereto a new section to be designated as

section 137.5, immediately following section 137, to read as

follows:

Sec. 137.5. Section 106.5 of chapter 265, Statutes of

Nevada 1993, at page 699, is hereby amended to read as follows:

5. Chapter 587, Statutes of Nevada 1995, at page 2170, is

hereby amended by adding thereto a new section to be designated as

section 146.5, immediately following section 146, to read as

follows:

Sec. 146.5. Section 88 of chapter 580, Statutes of Nevada

1995, at page 2025, is hereby amended to read as follows:

Sec. 6. NRS 695C.330 is hereby amended to read as follows:

695C.330 1. The commissioner may suspend or revoke any

certificate of authority issued to a health maintenance organization

following conditions exist:

(a) The health maintenance organization is operating

significantly in contravention of its basic organizational document,

its health care plan or in a manner contrary to that described in and

reasonably inferred from any other information submitted pursuant

amendments to those submissions have been filed with and

approved by the commissioner;

(b) The health maintenance organization issues evidence of

coverage or uses a schedule of charges for health care services

which do not comply with the requirements of NRS 695C.170 to

(c) The health care plan does not furnish comprehensive health

care services as provided for in subsection 1 of NRS 695C.030;

(d) The state board of health certifies to the commissioner that:

(1) The health maintenance organization does not meet the

requirements of subsection 2 of NRS 695C.080; or

(2) The health maintenance organization is unable to fulfill its

obligations to furnish health care services as required under its

health care plan;

(e) The health maintenance organization is no longer financially

responsible and may reasonably be expected to be unable to meet

its obligations to enrollees or prospective enrollees;

(f) The health maintenance organization has failed to put into

effect a mechanism affording the enrollees an opportunity to

(g) The health maintenance organization has failed to put into

effect the system for complaints required by NRS 695C.260 in a

manner reasonably to dispose of valid complaints;

(h) The health maintenance organization or any person on its

behalf has advertised or merchandised its services in an untrue,

misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance

organization would be hazardous to its enrollees; or

(j) The health maintenance organization has otherwise failed to

chapter.

2. A certificate of authority must be suspended or revoked only

after compliance with the requirements of NRS 695C.340.

organization is suspended, the health maintenance organization

shall not, during the period of that suspension, enroll any additional

groups or new individual contracts, unless those groups or persons

were contracted for before the date of suspension.

organization is revoked, the organization shall proceed,

immediately following the effective date of the order of revocation,

to wind up its affairs and shall conduct no further business except as

may be essential to the orderly conclusion of the affairs of the

organization. It shall engage in no further advertising or solicitation

permit such further operation of the organization as he may find to

coverage for health care.

Sec. 5.1. NRS 695C.050 is hereby amended to read as follows:

695C.050 1. Except as otherwise provided in this chapter or

in specific provisions of this Title, the provisions of this Title are

not applicable to any health maintenance organization granted a

certificate of authority under this chapter. This provision does not

apply to an insurer licensed and regulated pursuant to this Title

except with respect to its activities as a health maintenance

organization authorized and regulated pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance

organization granted a certificate of authority, or its representatives,

must not be construed to violate any provision of law relating to

solicitation or advertising by practitioners of a healing art.

3. Any health maintenance organization authorized pursuant to

this chapter shall not be deemed to be practicing medicine and is

exempt from the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.170 to 695C.200,

not apply to a health maintenance organization that provides health

care services through managed care to recipients of Medicaid

pursuant to a contract with the welfare division of the department of

human resources. This subsection does not exempt a health

maintenance organization from any provision of this chapter for

services provided pursuant to any other contract.

Sec. 6.1. Section 6 of chapter 412, Statutes of Nevada 1997, at

page 1462, is hereby amended to read as follows:

Sec. 6. NRS 695C.330 is hereby amended to read as

follows:

695C.330 1. The commissioner may suspend or revoke any

certificate of authority issued to a health maintenance

organization pursuant to the provisions of this chapter if he finds

that any of the following conditions exist:

(a) The health maintenance organization is operating

significantly in contravention of its basic organizational

document, its health care plan or in a manner contrary to that

described in and reasonably inferred from any other information

submitted pursuant to NRS 695C.060, 695C.070 and 695C.140,

unless any amendments to those submissions have been filed with

and approved by the commissioner;

(b) The health maintenance organization issues evidence of

coverage or uses a schedule of charges for health care services

which do not comply with the requirements of NRS 695C.170 to

(c) The health care plan does not furnish comprehensive

health care services as provided for in subsection 1 of NRS

695C.030;

(d) The state board of health certifies to the commissioner

that:

(1) The health maintenance organization does not meet the

requirements of subsection 2 of NRS 695C.080; or

(2) The health maintenance organization is unable to fulfill

its obligations to furnish health care services as required under its

health care plan;

(e) The health maintenance organization is no longer

financially responsible and may reasonably be expected to be

unable to meet its obligations to enrollees or prospective

enrollees;

(f) The health maintenance organization has failed to put into

effect a mechanism affording the enrollees an opportunity to

participate in matters relating to the content of programs pursuant

to NRS 695C.110;

(g) The health maintenance organization has failed to put into

effect the system for complaints required by NRS 695C.260 in a

manner reasonably to dispose of valid complaints;

(h) The health maintenance organization or any person on its

behalf has advertised or merchandised its services in an untrue,

misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance

organization would be hazardous to its enrollees; or

(j) The health maintenance organization has otherwise failed

to comply substantially with the provisions of this chapter.

2. A certificate of authority must be suspended or revoked

only after compliance with the requirements of NRS 695C.340.

3. If the certificate of authority of a health maintenance

organization is suspended, the health maintenance organization

shall not, during the period of that suspension, enroll any

additional groups or new individual contracts, unless those

groups or persons were contracted for before the date of

suspension.

4. If the certificate of authority of a health maintenance

organization is revoked, the organization shall proceed,

immediately following the effective date of the order of

revocation, to wind up its affairs and shall conduct no further

business except as may be essential to the orderly conclusion of

the affairs of the organization. It shall engage in no further

advertising or solicitation of any kind. The commissioner may by

written order permit such further operation of the organization as

he may find to be in the best interest of enrollees to the end that

enrollees are afforded the greatest practical opportunity to obtain

continuing coverage for health care.

4. Chapter 214, Statutes of Nevada 1997, at page 746, is

hereby amended by adding thereto a new section to be designated

as section 8, immediately following section 7, to read as follows:

Sec. 8. Section 5.1 of this act becomes effective at 12:02 a.m.

on October 1, 1997.

Sec. 5. NRS 62.226 is hereby amended to read as follows:

or private property, real or personal, of another, in violation of NRS

206.125 or 206.330, the judge, or his authorized representative,

may, if the child possesses a driver’s license, issue an order

2. If the child does not possess a driver’s license and the child

the 2 years immediately following the date of the order, the judge,

or his authorized representative, may issue an order prohibiting the

child from applying for a driver’s license for a period specified by

(a) Immediately following the date of the order, if the child is

license on the date of the order.

3. If a child is already the subject of a court order suspending

or delaying the issuance of his driver’s license, the court shall order

the additional suspension or delay, as appropriate, to apply

consecutively with the previous order.

Sec. 3. NRS 202.350 is hereby amended to read as follows:

202.350 1. It is unlawful for a person within this state to:

(a) Manufacture or cause to be manufactured, or import into the

state, or keep, offer or expose for sale, or give, lend or possess any

knife which is made an integral part of a belt buckle or any

instrument or weapon of the kind commonly known as a

switchblade knife, blackjack, slung shot, billy, sand-club, sandbag

or metal knuckles; or

(b) Except as otherwise provided in subsection 4, carry

concealed upon his person any:

(1) Explosive substance, other than ammunition or any

components thereof;

(2) Dirk, dagger or machete;

(3) Pistol, revolver or other firearm, or other dangerous or

deadly weapon; or

(4) Knife which is made an integral part of a belt buckle.

2. It is unlawful for a person to possess or use a:

(a) Nunchaku or trefoil with the intent to inflict harm upon the

person of another; or

(b) Machine gun or a silencer.

3. Except as otherwise provided in NRS 202.275 and 212.185,

a person who violates any of the provisions of subsection 1 or 2 is

guilty:

(a) For the first offense, of a gross misdemeanor.

(b) For any subsequent offense, of a category D felony, and shall

be punished as provided in NRS 193.130.

4. Except as otherwise provided in this subsection and NRS

202.3653 to 202.369, inclusive, the sheriff of any county may, upon

written application by a resident of that county showing the reason

or the purpose for which a concealed weapon is to be carried, issue

a permit authorizing the applicant to carry in this state the concealed

weapon described in the permit. The sheriff shall not issue a permit

to a person to carry a switchblade knife.

to shoot or can be readily restored to shoot more than one shot,

without manual reloading, by a single function of the trigger.

more sticks, clubs, bars or rods connected by a rope, cord, wire or

chain used as a weapon in forms of Oriental combat.

diminishing the report of a firearm, including any combination of

parts, designed or redesigned, and intended for use in assembling or

fabricating a silencer or muffler, and any part intended only for use

in such assembly or fabrication.

-blade knife or any other knife having the appearance of a pocket

knife, any blade of which is 2 or more inches long and which can be

released automatically by a flick of a button, pressure on the handle

or other mechanical device, or is released by any type of

mechanism.

plate having three or more radiating points with sharp edges,

designed in the shape of a star, cross or other geometric figure and

used as a weapon for throwing.

Sec. 4. NRS 62.080 is hereby amended to read as follows:

jurisdiction or certify the child for proper criminal proceedings to

force or violence against the victim; or

certify the child for proper criminal proceedings to any court

actions were substantially the result of his substance abuse or

emotional or behavioral problems and such substance abuse or

problems may be appropriately treated through the jurisdiction of

warrant accepting jurisdiction.

Sec. 3. NRS 483.840 is hereby amended to read as follows:

483.840 1. The form of the identification cards must be

similar to that of drivers’ licenses but distinguishable in color or

otherwise.

2. Identification cards do not authorize the operation of any

motor vehicles.

3. Identification cards must include the following information

concerning the holder:

(a) Name and sample signature of holder.

(c) Personal description.

(d) Date of birth.

(e) Current address in this state.

(f) A colored photograph of the holder in full face if he is 21

years of age or older, or a colored photograph in profile if he is

under 21 years of age.

4. At the time of the issuance of the identification card, the

department shall give the holder the opportunity to indicate on his

identification card that he wishes to be a donor of all or part of his

body pursuant to NRS 451.500 to 451.590, inclusive, or that he

refuses to make an anatomical gift of his body or part of his body.

Sec. 2. NRS 562.090 is hereby amended to read as follows:

562.090 1. Each member of the board is entitled to receive

for his services $500 per year or a lesser amount if and as

determined by a majority of the board.

officers.

Section 1. Chapter 176 of NRS is hereby amended by adding

thereto a new section to read as follows:

Sec. 28.1. NRS 396.360 is hereby amended to read as follows:

396.360 The interest derived from the irreducible university

and constitute a fund to be known as the contingent university fund.

Sec. 28.2. NRS 396.370 is hereby amended to read as follows:

396.370 1. The following money is hereby set aside and

2. Additional state maintenance and support of the system must

be provided by direct legislative appropriation from the general

fund, upon the presentation of budgets in the manner required by

law.

Section 1. Section 158 of chapter 580, Statutes of Nevada

1995, at page 2051, is hereby amended to read as follows:

Sec. 55. NRS 666.405 is hereby amended to read as follows:

666.405 1. Except as otherwise provided in this section, an

out-of-state depository institution without a branch in Nevada, or an

out-of-state holding company without a depository institution in

Nevada, may acquire a Nevada depository institution and convert

the institution to a branch of the out-of-state depository institution

or depository institution of the out-of-state holding company. If the

Nevada depository institution is chartered after September 28,

1995, the Nevada depository institution may be so acquired only if

it has been in existence for at least 5 years.

time before the acquisition.

depositors, creditors and other customers of a failing depository

institution or a failing holding company which controls a depository

institution, he may authorize the acquisition of the institution or

company by, or its merger with, another institution or company

regardless of the duration of existence of the failing depository

institution or failing holding company.

to an acquisition of, or merger between, affiliated depository

institutions.

Sec. 5. NRS 361.157 is hereby amended to read as follows:

361.157 1. When any real estate or portion of real estate

which for any reason is exempt from taxation is leased, loaned or

otherwise made available to and used by a natural person,

association, partnership or corporation in connection with a

business conducted for profit or as a residence, or both, the

leasehold interest, possessory interest, beneficial interest or

beneficial use of the lessee or user of the property is subject to

taxation to the extent the:

(a) Portion of the property leased or used; and

(b) Percentage of time during the fiscal year that the property is

leased by the lessee or used by the user,

can be segregated and identified. The taxable value of the interest

or use must be determined in the manner provided in subsection 3

of NRS 361.227.

2. Subsection 1 does not apply to:

(a) Property located upon a public airport, park, market or

fairground or any property owned by a public airport, unless the

property owned by the public airport is not located upon the public

airport and the property is leased, loaned or otherwise made

available for purposes other than for the purposes of a public

airport, including, without limitation, residential, commercial or

industrial purposes;

(b) Federal property for which payments are made in lieu of

taxes in amounts equivalent to taxes which might otherwise be

lawfully assessed;

(c) Property of any state-supported educational institution;

(d) Property leased or otherwise made available to and used by a

natural person, private association, private corporation, municipal

corporation, quasi-municipal corporation or a political subdivision

under the provisions of the Taylor Grazing Act or by the United

States Forest Service or the Bureau of Reclamation of the United

States Department of the Interior;

(e) Property of any Indian or of any Indian tribe, band or

community which is held in trust by the United States or subject to a

restriction against alienation by the United States;

(f) Vending stand locations and facilities operated by blind

department of employment, training and rehabilitation, whether or

not the property is owned by the federal, state or a local

government;

(g) Leases held by a natural person, corporation, association,

municipal corporation, quasi-municipal corporation or political

subdivision for development of geothermal resources, but only for

resources which have not been put into commercial production;

(h) The use of exempt property that is leased, loaned or made

available to a public officer or employee, incident to or in the

course of public employment;

(i) A parsonage owned by a recognized religious society or

corporation when used exclusively as a parsonage;

(j) Property owned by a charitable or religious organization all

or a portion of which is made available to and is used as a residence

by a natural person in connection with carrying out the activities of

the organization;

(k) Property owned by a governmental entity and used to provide

shelter at a reduced rate to elderly persons or persons having low

incomes;

(l) The occasional rental of meeting rooms or similar facilities

for periods of less than 30 consecutive days; or

(m) The use of exempt property to provide day care for children

if the day care is provided by a nonprofit organization.

3. Taxes must be assessed to lessees or users of exempt real

estate and collected in the same manner as taxes assessed to owners

of other real estate, except that taxes due under this section do not

become a lien against the property. When due, the taxes constitute a

debt due from the lessee or user to the county for which the taxes

were assessed and, if unpaid, are recoverable by the county in the

proper court of the county.

4. As used in this section, the term "park" does not include a

golf course.

Sec. 3. NRS 200.366 is hereby amended to read as follows:

200.366 1. A person who subjects another person to sexual

penetration, or who forces another person to make a sexual

penetration on himself or another, or on a beast, against the

perpetrator knows or should know that the victim is mentally or

physically incapable of resisting or understanding the nature of his

conduct, is guilty of sexual assault.

2. Except as otherwise provided in subsection 3, a person who

commits a sexual assault is guilty of a category A felony and shall

be punished:

(a) If substantial bodily harm to the victim results from the

actions of the defendant committed in connection with or as a part

of the sexual assault, by imprisonment in the state prison:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole, with eligibility for

parole beginning when a minimum of 15 years has been served; or

(3) For a definite term of 40 years, with eligibility for parole

beginning when a minimum of 15 years has been served.

parole beginning when a minimum of 10 years has been served; or

term of 25 years, with eligibility for parole beginning when a

minimum of 10 years has been served.

3. A person who commits a sexual assault against a child under

the age of 16 years is guilty of a category A felony and shall be

punished:

(a) If the crime results in substantial bodily harm to the child, by

imprisonment in the state prison for life without the possibility of

parole.

(b) Except as otherwise provided in paragraph (c), if the crime

does not result in substantial bodily harm to the child, by

parole beginning when a minimum of 20 years has been served; or

(c) If the crime is committed against a child under the age of 14

years and does not result in substantial bodily harm to the child, by

imprisonment in the state prison for life with the possibility of

parole, with eligibility for parole beginning when a minimum of 20

years has been served.

Sec. 17. NRS 616B.374 is hereby amended to read as follows:

616B.374 1. Except as otherwise provided in this section, a

person shall not advertise or offer for sale in this state any policies

or memberships or solicit or receive any money, subscriptions,

applications, premiums, assessments, memberships or any other fee

or charge in connection with a proposed association of self-insured

public or private employers unless he has obtained a solicitor’s

permit from the commissioner.

2. To obtain a solicitor’s permit, a person must file a written

application with the commissioner. The application must include:

(a) The name, type and purposes of the association formed or

proposed to be formed or financed;

(b) The name, residential address, business, professional or

employment experience for the preceding 10 years and

qualifications of each person associated or to be associated as

director, promoter, manager, member of the board or in other

similar capacity in the association, or in the formation of the

proposed association or in the proposed financing, together with the

fingerprints of each person so associated or to be associated, on

forms furnished by the commissioner;

(c) A full disclosure of the terms of all pertinent understandings

and agreements existing or proposed among any persons or entities

so associated or to be associated, and a copy of each such

agreement;

(d) A copy of the articles of incorporation and bylaws of a

solicitor, if incorporated;

(e) The plan according to which solicitations are to be made and

a reasonably detailed estimate of all administrative and sales

expenses to be incurred;

(f) A copy of any certificate proposed to be offered, and a copy

of any proposed application therefor;

(g) A copy of any prospectus, offering circular, advertising or

sales literature or materials proposed to be used;

(h) Proof of an escrow account and agreement for the deposit of

all funds collected during the formation of the association; and

(i) Such additional pertinent information as the commissioner

may reasonably require.

3. The application must be accompanied by a fee of $500 for

the filing of the application and for the issuance of the permit, if

granted. A solicitor must submit this fee each year thereafter if he

continues to recruit new members for an association.

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

(a) A bona fide trade association that has been in existence for at

least 5 years and solicits members of its trade association; or

(b) A person who is employed by:

(1) Current members of an association; or

(2) Employers that are considering membership in an

association,

whose primary duties do not include solicitation of potential

members of the association.

inclusive, and 14 to 22, inclusive, become effective on October 1,

1997.

3. Sections 1 and 13 of this act become effective on July 1,

1998.

Section 1. Chapter 37 of NRS is hereby amended by adding

thereto a new section to read as follows:

Sec. 2. NRS 213.400 is hereby amended to read as follows:

from his residence, employment, treatment, including, but not

limited to, medical treatment, or any other activity authorized by the

2. The chief parole and probation officer may issue a warrant

same manner as ordinary criminal process.

Sec. 6. NRS 361A.031 is hereby amended to read as follows:

361A.031 1. "Converted to a higher use" means:

(a) A physical alteration of the surface of the property enabling it

to be used for a higher use;

(b) The recording of a final map or parcel map which creates one

or more parcels not intended for agricultural use;

(c) The existence of a final map or parcel map which creates one

or more parcels not intended for agricultural use; or

(d) A change in zoning to a higher use made at the request of the

owner.

2. The term does not apply to the property remaining after a

portion of the parcel is converted to higher use pursuant to

paragraph (b) or (c) of subsection 1 if the remaining portion

continues to qualify as agricultural real property.

:

(a) "Final map" has the meaning ascribed to it in NRS 278.0145.

(b) "Parcel map" has the meaning ascribed to it in NRS 278.017.

250.040 In case of a vacancy in the office of the county

assessor, or failure of any county assessor to qualify as required in

this chapter, the board of county commissioners, within 45 days

oath of office prescribed by law that is required of county assessors

Sec. 2. NRS 207.080 is hereby amended to read as follows:

207.080 1. Except as otherwise provided in subsection 2, as

means:

violation is punishable as a felony:

(1) Relating to or regulating the possession, distribution,

character described and referred to in the Uniform Controlled

(2) Regulating or prohibiting the carrying, possession or

or attachment designed or intended to be used to silence the report

(3) Regulating or prohibiting the use, possession, manufacture

described or referred to in NRS 207.080 to 207.150, inclusive.

2. For the purposes of NRS 207.080 to 207.150, inclusive,

"convicted person" does not include:

(a) A person who has been convicted of a crime against a child,

(b) Except as otherwise provided in NRS 207.090 to 207.150,

inclusive, a person whose conviction is or has been set aside in the

manner provided by law.

effective upon passage and approval.

2. Sections 11 and 12 of this act become effective upon passage

and approval for the purpose of appointing members to the advisory

board on the repair of motor vehicles and on July 1, 1997, for all

other purposes, and expire by limitation on July 1, 1999.

Sec. 26.1. Sections 2 and 8 of this act are hereby amended to

read respectively as follows:

act, unless the context otherwise requires, the words and terms

defined in sections 3 to 6, inclusive, of this act have the meanings

ascribed to them in those sections.

Sec. 8. 1. On and after January 1, 1998, a garageman shall

register with the department for authorization to operate a garage.

2. An application for registration must be on a form provided

by the department. The application must include:

(a) The name of the applicant, including each name under

which he intends to do business;

(b) The complete street address of each location from which

the applicant will be conducting business, including a designation

of the location that will be his principal place of business;

(c) A copy of the business license for each garage operated by

the applicant if the county or city in which the applicant operates

a garage requires such a license;

(d) The type of repair work offered at each garage operated by

the applicant;

(e) The number of mechanics employed at each garage

operated by the applicant; and

(f) Any other information required by the department.

3. For each garage operated by an applicant, the department

shall charge a fee of $25 for the issuance or renewal of

registration. If an applicant operates more than one garage, he

may file one application if he clearly indicates on the application

the location of each garage operated by the applicant and each

person responsible for the management of each garage.

the state treasurer to the credit of the account for regulation of

salvage pools, automobile wreckers, body shops and garages.

5. An applicant for registration or renewal of registration

shall notify the department of any material change in the

information contained in his application for registration or

renewal within 10 days after his knowledge of the change.

Sec. 4. NRS 504.165 is hereby amended to read as follows:

504.165 1. The commission shall adopt regulations governing

the disbursement of money to:

(a) Prevent or mitigate damage to private property and privately

maintained improvements; and

(b) Compensate persons for grazing reductions and the loss of

stored and standing crops,

caused by elk or game mammals not native to this state.

2. The regulations must contain:

(a) Requirements for the eligibility of those persons claiming

damage to private property or privately maintained improvements to

receive money or materials from the division, including a

requirement that such a person enter into a cooperative agreement

with the administrator for purposes related to this Title.

(b) Procedures for the formation of local panels to assess

damage caused by elk or game mammals not native to this state and

to determine the value of a loss claimed if the person claiming the

loss and the division do not agree on the value of the loss.

(c) Procedures for the use on private property of materials

purchased by the state to prevent damage caused by elk or game

mammals not native to this state.

(d) Any other regulations necessary to carry out the provisions of

this section and NRS 504.155 and 504.175.

section unless the claimant shows by a preponderance of the

evidence that the damage for which he is seeking compensation was

caused solely by elk or game mammals not native to this state.

Sec. 2. NRS 483.810 is hereby amended to read as follows:

483.810 The legislature finds and declares that:

1. A need exists in this state for the creation of a system of

identification for:

(a) Residents who are 10 years of age or older and who do not

hold a valid driver’s license or identification card from any state or

jurisdiction; and

(b) Seasonal residents who are 10 years of age or older and who

do not hold a valid Nevada driver’s license.

2. To serve this purpose, official identification cards must be

prepared for issuance to those residents and seasonal residents who

them. The cards must be designed in such form and distributed

pursuant to such controls that they will merit the general

acceptability of drivers’ licenses for personal identification.

Sec. 3. NRS 483.820 is hereby amended to read as follows:

does not hold a valid driver’s license or identification card from any

state or jurisdiction; or

2. The department shall charge and collect the following fees

for issuance of an original, duplicate and changed identification

card:

3. The department shall not charge a fee for an identification

card issued to a person who has voluntarily surrendered his driver’s

license pursuant to NRS 483.420.

Sec. 4. NRS 483.850 is hereby amended to read as follows:

483.850 1. Every application for an identification card must

be made upon a form provided by the department and include:

(a) The applicant’s full name.

(b) His social security number, if any.

(c) His date of birth.

(d) His state of legal residence.

(e) His current address in this state, unless the applicant is on

active duty in the military service of the United States.

(f) A statement from:

(1) A resident stating that he does not hold a valid driver’s

license or identification card from any state or jurisdiction; or

(2) A seasonal resident stating that he does not hold a valid

Nevada driver’s license.

2. When the form is completed, the applicant must sign the

form and verify the contents before a person authorized to

administer oaths.

3. At the time of applying for an identification card, an

applicant may, if eligible, register to vote pursuant to NRS 293.524.

Sec. 5. NRS 483.870 is hereby amended to read as follows:

483.870 1. An identification card that is issued to:

(a) A seasonal resident remains valid so long as the person does

not become licensed in Nevada to drive a motor vehicle and the

surrendered by a seasonal resident upon issuance of a Nevada

driver’s license.

(b) A resident remains valid so long as the person does not

become licensed in any state or jurisdiction to drive a motor vehicle

and the facts and circumstances declared in the application and

surrendered by a resident upon issuance of a driver’s license from

any state or jurisdiction.

2. The holder of an identification card shall promptly report

any change in the information declared in the application and stated

in the card to the department.

3. Any change occurring in the holder’s address or name as the

result of marriage or otherwise or any loss of an identification card

must be reported within 10 days after the occurrence to the

department.

Section 1. NRS 375.070 is hereby amended to read as follows:

375.070 1. The county recorder shall transmit the proceeds of

the real property transfer tax at the end of each quarter in the

following manner:

(a) An amount equal to that portion of the proceeds which is

equivalent to 10 cents for each $500 of value or fraction thereof

must be transmitted to the state treasurer who shall deposit that

amount in the account for low-income housing created pursuant to

NRS 319.500.

(b) In a county whose population is more than 400,000, an

amount equal to that portion of the proceeds which is equivalent to

60 cents for each $500 of value or fraction thereof must be

transmitted to the county treasurer for deposit in the county school

district’s fund for capital projects established pursuant to NRS

387.328, to be held and expended in the same manner as other

money deposited in that fund.

(c) The remaining proceeds must be transmitted to the county

treasurer, who shall in Carson City, and in any county where there

are no incorporated cities, deposit them all in the general fund, and

in other counties deposit 25 percent of them in the general fund and

apportion the remainder as follows:

(1) If there is one incorporated city in the county, between that

city and the county general fund in proportion to the respective

populations of the city and the unincorporated area of the county.

(2) If there are two or more cities in the county, among the

cities in proportion to their respective populations.

2. If there is any incorporated city in a county, the county

recorder shall charge each city a fee equal to 2 percent of the real

property transfer tax which is transferred to that city.

Sec. 2. Section 19 of chapter 660, Statutes of Nevada 1997, at

page 3288, is hereby amended to read as follows:

Sec. 19. NRS 375.070 is hereby amended to read as follows:

375.070 1. The county recorder shall transmit the proceeds

of the real property transfer tax at the end of each quarter in the

following manner:

(a) An amount equal to that portion of the proceeds which is

equivalent to 10 cents for each $500 of value or fraction thereof

must be transmitted to the state treasurer who shall deposit that

amount in the account for low-income housing created pursuant

to NRS 319.500.

(b) In a county whose population is more than 400,000, an

amount equal to that portion of the proceeds which is equivalent

to 60 cents for each $500 of value or fraction thereof must be

transmitted to the county treasurer for deposit in the county

school district’s fund for capital projects established pursuant to

NRS 387.328, to be held and expended in the same manner as

other money deposited in that fund.

receives pursuant to subsection 1, a county or city may use the

proceeds to pay expenses related to or incurred for the

development of affordable housing for families whose income

does not exceed 80 percent of the median income for families

residing in the same county, as that percentage is defined by the

United States Department of Housing and Urban Development. A

county or city that uses the proceeds in that manner must give

priority to the development of affordable housing for persons

who are disabled or elderly.

but are not limited to:

(a) The costs to acquire land and developmental rights;

(b) Related predevelopment expenses;

(c) The costs to develop the land, including the payment of

related rebates;

(d) Contributions toward down payments made for the

purchase of affordable housing; and

(e) The creation of related trust funds.

Sec. 2. NRS 616C.230 is hereby amended to read as follows:

616C.230 1. Compensation is not payable pursuant to the

provisions of chapters 616A to 616D, inclusive, of NRS for an

injury:

(a) Caused by the employee’s willful intention to injure himself.

(b) Caused by the employee’s willful intention to injure another

.

(c) Proximately caused by the employee’s intoxication. If the

employee was intoxicated at the time of his injury, intoxication

must be presumed to be a proximate cause unless rebutted by

evidence to the contrary.

(d) Proximately caused by the employee’s use of a controlled

substance. If the employee had any amount of a controlled

substance in his system at the time of his injury for which the

employee did not have a current and lawful prescription issued in

his name, the controlled substance must be presumed to be a

proximate cause unless rebutted by evidence to the contrary.

described in NRS 50.315 is admissible to prove the existence of any

alcohol or the existence, quantity or identity of a controlled

substance in an employee’s system. If the affidavit or declaration is

to be so used, it must be submitted in the manner prescribed in NRS

616C.355.

treatment of an employee if his death is caused by, or insofar as his

disability is aggravated, caused or continued by, an unreasonable

refusal or neglect to submit to or to follow any competent and

reasonable surgical treatment or medical aid.

practice that imperils or retards his recovery, or refuses to submit to

such medical or surgical treatment as is necessary to promote his

recovery, his compensation may be reduced or suspended.

accident benefits, must be suspended if:

(a) A physician or chiropractor determines that the employee is

unable to undergo treatment, testing or examination for the

industrial injury solely because of a condition or injury that did not

arise out of and in the course of his employment; and

(b) It is within the ability of the employee to correct the

nonindustrial condition or injury.

The compensation must be suspended until the injured employee is

able to resume treatment, testing or examination for the industrial

injury. The insurer may elect to pay for the treatment of the

nonindustrial condition or injury.

Sec. 3. NRS 50.320 is hereby amended to read as follows:

other person who has qualified in the district court of any county to

testify as an expert witness regarding the presence in the breath,

blood or urine of a person of alcohol, a controlled substance, or a

chemical, poison or organic solvent, or the identity or quantity of a

controlled substance alleged to have been in the possession of a

person, which is submitted to prove:

(a) The quantity of the purported controlled substance; or

(b) The amount of alcohol or the presence or absence of a

controlled substance, chemical, poison or organic solvent, as the

case may be,

is admissible in the manner provided in this section.

fact set forth in subsection 1 must be admitted into evidence when

submitted during any administrative proceeding, preliminary

hearing or hearing before a grand jury. The court shall not sustain

3. The defendant may object in writing to admitting into

forth in subsection 1 during his trial. If the defendant makes such an

evidence and the prosecution may cause the person to testify in

4. The committee on testing for intoxication shall adopt

described in this section.

Sec. 5.1. Section 1 of chapter 708, Statutes of Nevada 1995, at

page 2712, is hereby amended to read as follows:

Section 1. Chapter 50 of NRS is hereby amended by adding

thereto a new section to read as follows:

Sec. 3. Section 60 of chapter 580, Statutes of Nevada 1995, at

page 2014, is hereby amended to read as follows:

Sec. 60. NRS 616A.470 is hereby amended to read as

follows:

616A.470 1. Except as otherwise provided in subsection 2,

the system, the office of the Nevada attorney for injured workers

or the hearings division of the department of administration, as

appropriate, for all services which the system, the occupational

safety and health review board, the Nevada attorney for injured

workers, the mediators and the appeals officers provide to those

attorney for injured workers or the division, as appropriate,

charged for the service.

2. All compensation must be on the basis of actual cost and

not on a basis which includes any subsidy for the system, the

office of the Nevada attorney for injured workers, the division or

other employers.

Sec. 12. Section 17 of chapter 580, Statutes of Nevada 1995,

at page 2001, is hereby amended to read as follows:

Sec. 21. Section 85 of chapter 580, Statutes of Nevada 1995,

at page 2024, is hereby amended to read as follows:

Sec. 85. NRS 616B.215 is hereby amended to read as

Sec. 22. Section 88 of chapter 580, Statutes of Nevada 1995,

at page 2025, is hereby amended to read as follows:

Sec. 88. NRS 616B.224 is hereby amended to read as

follows:

(a) The total amount paid to employees for services

performed;

(b) The amount of tips reported to him by every employee

or more; and

(c) A segregation of employment in accordance with the

together with the premium due thereon. The payroll and premium

and premium.

this section and NRS 616B.218 operates as a rejection of

chapters 616A to 616D, inclusive, of NRS, effective at the

employer shows that the actual premium earned exceeds the

require the payment of money sufficient to cover the deficit,

together with such amount as in his judgment constitutes an

adequate advance premium for the period covered by the

estimate.

representative by first-class mail of any failure on his part to

comply with the provisions of this section. The notice or its

omission does not modify or waive the requirements or effective

rejection of chapters 616A to 616D, inclusive, of NRS as

otherwise provided in those chapters.

premium required in subsection 1 within the time allowed, unless

the employer has applied for and been granted an extension of

that time by the manager.

are due under the provisions of chapters 616A to 616D,

inclusive, of NRS even if an employer’s debts have been

discharged in a bankruptcy proceeding.

Sec. 23. NRS 616B.236 is hereby amended to read as follows:

616B.236 Except as otherwise provided in NRS 616D.200,

unpaid on the date on which it becomes due, as prescribed by NRS

616B.224, it bears interest at the rate of 1 percent for each month or

portion of a month thereafter until payment of the premium, plus

Sec. 26. Section 22 of chapter 580, Statutes of Nevada 1995,

at page 2003, is hereby amended to read as follows:

Sec. 41. Section 91 of chapter 580, Statutes of Nevada 1995,

at page 2027, is hereby amended to read as follows:

Sec. 91. NRS 616C.255 is hereby amended to read as

Sec. 49. NRS 616C.590 is hereby amended to read as follows:

616C.590 1. Except as otherwise provided in this section, an

injured employee is not eligible for vocational rehabilitation

services, unless:

(a) The treating physician or chiropractor approves the return of

the injured employee to work but imposes permanent restrictions

that prevent the injured employee from returning to the position that

he held at the time of his injury;

(b) The injured employee’s employer does not offer employment

that the employee is eligible for considering the restrictions

imposed pursuant to paragraph (a); and

(c) The injured employee is unable to return to gainful

employment at a gross wage that is equal to or greater than 80

percent of the gross wage that he was earning at the time of his

injury.

2. If the treating physician or chiropractor imposes permanent

restrictions on the injured employee for the purposes of paragraph

(a) of subsection 1, he shall specify in writing:

(a) The medically objective findings upon which his

determination is based; and

(b) A detailed description of the restrictions.

the findings and the description of the restrictions to the insurer.

3. If there is a question as to whether the restrictions imposed

upon the injured employee are permanent, the employee may

receive vocational rehabilitation services until a final determination

concerning the duration of the restrictions is made.

4. Vocational rehabilitation services must cease as soon as the

injured employee is no longer eligible for the services pursuant to

subsection 1.

5. An injured employee is not entitled to vocational

rehabilitation services solely because the position that he held at the

time of his injury is no longer available.

6. An injured employee or his dependents are not entitled to

accrue or be paid any money for vocational rehabilitation services

during the time the injured employee is incarcerated.

7. Any injured employee eligible for compensation other than

accident benefits may not be paid those benefits if he refuses

counseling, training or other vocational rehabilitation services

offered by the insurer. Except as otherwise provided in NRS

counseling, training and other vocational rehabilitation services

while he is incarcerated.

8. If an insurer cannot locate an injured employee for whom it

has ordered vocational rehabilitation services, the insurer may close

his claim 21 days after the insurer determines that the employee

cannot be located. The insurer shall make a reasonable effort to

locate the employee.

9. The reappearance of the injured employee after his claim has

been closed does not automatically reinstate his eligibility for

vocational rehabilitation benefits. If the employee wishes to

reestablish his eligibility for such benefits, he must file a written

application with the insurer to reinstate his claim. The insurer shall

reinstate the employee’s claim if good cause is shown for the

employee’s absence.

Sec. 62. Section 130.6 of chapter 587, Statutes of Nevada

1995, at page 2166, is hereby amended to read as follows:

Sec. 130.6. NRS 680B.060 is hereby amended to read as

follows:

collected by the department of taxation and promptly deposited

with the state treasurer for credit to the state general fund.

2. If the tax is not paid by the insurer on or before the date

required for payment, the tax then becomes delinquent, and

payment thereof may be enforced by court action instituted on

behalf of the state by the attorney general. The attorney general

may employ additional counsel in the city where the home office

of the insurer is located, subject to approval of compensation for

such services by the state board of examiners. The administrative

and substantive enforcement provisions of chapters 360 and 372

of NRS apply to the enforcement of the taxes imposed under

NRS 680B.027.

of the department of taxation shall notify the commissioner, who

shall suspend or revoke the insurer’s certificate of authority

pursuant to NRS 680A.190.

4. If a dispute arises between an insurer and the state as to

the amount of tax, if any, payable, the insurer is entitled to pay

under protest the tax in the amount assessed by the department of

taxation, without waiving or otherwise affecting any right of the

insurer to recover any amount determined, through appropriate

legal action taken by the insurer against the department of

taxation, to have been in excess of the amount of tax lawfully

payable.

taxes, fees, licenses, fines and charges collected under this code,

including the general premium tax provided for under NRS

680B.027 and as increased in any instances pursuant to NRS

680A.330, must be promptly deposited with the state treasurer

for credit to the state general fund.

Sec. 62.5. Section 149 of chapter 580, Statutes of Nevada

1995, at page 2049, is hereby amended to read as follows:

Sec. 63. Section 154 of chapter 580, Statutes of Nevada 1995,

at page 2050, is hereby amended to read as follows:

Sec. 65. Section 155 of chapter 580, Statutes of Nevada 1995,

at page 2050, is hereby amended to read as follows: