New laws take effect Jan. 1

Monday, Dec. 29, 2003 | 10:15 a.m.

CARSON CITY -- New taxes, increased benefits for those injured on the job and tighter restrictions intended to thwart terrorists are among the new laws that become effective Jan. 1 in Nevada.

Among the changes is a new system for background checks of people who want to work in casinos and expanded health insurance coverage for those who undergo experimental treatment as part of clinical studies approved by the federal government.

The 2003 Legislature ended in July, but 23 of the new laws that were passed -- or sections of them -- don't become effective until the new year.

Most of the $833.5 million tax package has already gone into effect, but come Thursday, the 10 percent live entertainment tax kicks in, extending the levy from casinos to other venues such as concerts and strip clubs.

The new entertainment tax is expected to yield $41.2 million this fiscal year and $75.4 million next fiscal year.

Banks will now pay a quarterly tax of $1,750 on each branch in excess of one. That tax is expected to produce $1.3 million for the state this year and $2.6 million next fiscal year.

The Legislature enacted a bill for a periodic cost-of-living increases for payments for certain injured workers who become permanently and totally disabled. A worker or his dependent is entitled to receive a cost-of-living increase of 2.3 percent annually for any injury or disability occurring on or after Jan. 1.

"People will now get automatic annual cost of living adjustments if permanent and totally disabled," said Bob Ostrovsky, lobbyist for Employers Insurance Co. of Nevada.

The new system is "similar to Social Security," Ostrovsky said, referring to the annual adjustment given senior citizens.

Fertilizer checked

The state Department of Agriculture will have the authority to identify and ban fertilizers that could be used in making explosives, similar to the ones used in the Oklahoma City bombing.

Department Director Don Henderson said he would be working with police, fire departments and the industry to compile the list.

"It's a good thing to be tracking these fertilizers more closely," he said.

The law says the director "shall eliminate from use in this state any commercial fertilizer or agricultural mineral that he finds endangers the agricultural or nonagricultural environment."

As part of the Homeland Security Act, the state Department of Motor Vehicles may refuse to accept a driver's license from another state if that state has less stringent standards. The department will set standards for issuing driver's licenses to foreigners and if a person has permission to extend his stay in this country, the driver's license is good only for that time.

Another law makes it a felony for a person to conceal a material fact to get a driver's license. And it would be a felony to alter the license, except if the age is doctored. Some minors change the date on their license in order to buy liquor; that would continue to be a misdemeanor.

License plates

Starting Thursday, the DMV will also be required to tell people from out of state applying for a driver's license that they must get their auto registered in Nevada within 30 days.

Those who don't register their vehicles in 30 days face a maximum fine of $1,000 and six months in jail.

The longtime work card system required for those employed in casinos has given way to modern technology. Beginning Jan. 1, the state, rather than Metro Police, will handle work card registrations in Southern Nevada.

When a person applies to go to work in gaming, the employer will be able to enter the applicant's Social Security number into the computer to see if he has lost or had his work card suspended.

If not, the employer will give the prospective employee a packet of forms to fill out. The employee will then go to a local law enforcement agency or some private companies to "get his fingerprints rolled," said Todd Westergard, senior research specialist for the state Gaming Control Board.

In some cases the fingerprints will be electronically submitted to the state's Criminal History Repository and then to the FBI. In some counties, the fingerprint card will be mailed along with the application to the Control Board.

Westergard said unless the board objects, the employee can go to work for 120 days under a temporary registration. If the employee passes muster, then his name is entered into the database permanently.

Under the old system, the casino worker received a work permit from the county. Under the new system, he will not receive any notification if he is cleared for a permanent registration that lasts for five years.

The cost for state registration will be $75. That includes the fingerprint checks by the state and FBI. It does not include what the local law enforcement agency charges for rolling the prints.

A worker who changes jobs from one casino to another must submit a notice to the board. There is no charge for this.

Still in effect, Westergard said, is the due process for those employees who want to appeal an adverse ruling by the board. The worker can appeal to a hearing officer, then to the board and then to the Nevada Gaming Commission.

An exception in the law will permit Douglas County to run its own work card system, but the worker still must go through the state. There will be a duplicate process, Westergard said.

Another new law says health insurance plans must conditionally provide coverage for treatment of a person if he or she is part of a federally approved clinical study. The clinical experiment must be covered if there are no treatments available that are considered more appropriate. And the insurance company is has immunity from liability if there are adverse effects.

Do not call

The time clock also starts Thursday for Attorney General Brian Sandoval to decide whether Nevada should establish its own "Do Not Call" registry or rely on the federal one. The law says the attorney general must decide by April 1.

The state Board of Education is required to proscribe a course of study to help high school students pass the proficiency test to graduate. A school district may offer the course but it is to be considered as an elective, not a mandatory requirement.

The newly created State Commission on Common Interest Communities is beginning to write regulations to clarify who will qualify as a manager of a condominium or a common interest community. Ombudsman Eldon Hardy said under the old law a person would start a company and get a certificate as a manager. He would then hire people under him to run the communities but they would not have certificates. Hardy said under the proposed regulations, all must have the training and the background investigation.

Campaign donations

As the election year opens, a law will restrict Secretary of State Dean Heller from asking for certain information on campaign contributions as spelled out in the law. These campaign and expenses reports may be filed by e-mail. And surplus contributions received in a previous campaign could be used if the individual decides to run for another office. Political candidates would file their financial disclosure forms with the secretary of state's office rather than the state Ethics Commission.

Starting Jan. 1, resident agents for businesses must file with the secretary of state a certificate if the name of the agent is changed as a result of a merger, sale or reorganization of the corporation.

Other new laws involve increasing the potential penalty for killing a deer, bighorn sheep or other game animals out of season or without a license. Come Thursday, it will be a felony instead of a gross misdemeanor. But a District Court judge could reduce it to a gross misdemeanor after considering certain factors in the case.

Starting Thursday, people who counsel problem gamblers will be required to be certified by the state Board of Examiners for Alcohol and Drug Abuse, which will set the standards.

A criminal offender released on parole for a term less than life will be able to earn 10 days of credit a month toward ending his sentence by staying out of trouble. The individual must be current on his payments defraying the cost of parole supervision and for restitution payments to the victim.

Those enrolled in the state Public Employees Retirement System will now be able to designate more than one life insurance beneficiary.

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