Nevada 2019 Regular Session Status: Enacted

SB 463 — Revises provisions related to county officers. (BDR 20-1153)

Last action — Chapter 621.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to coroners; authorizing a coroner to test a decedent for communicable diseases without a court order under certain circumstances; authorizing a coroner to establish certain programs; authorizing a coroner to subpoena certain documents, records and materials; providing that funds from the account for the support of the office of the county coroner can be used to pay expenses relating to certain programs; requiring a postmortem examination be performed by a forensic pathologist under certain circumstances; increasing certain fees for the support of the office of the county coroner; making various other changes relating to coroners; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

358 added · 370 removed

358 line(s) added, 370 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 7, 7.5) (Reprinted with amendments adopted on June 3, 2019) THIRD REPRINT S.B.
Senate Bill No.
463 SENATE BILL NO .
463–Committee on Government Affairs CHAPTER..........
463–COMMITTEE ON GOVERNMENT AFFAIRS M ARCH 25, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions related to county officers.
(BDR 20-1153) FISCAL NOTE:
EffEffect on the State:
Yes.May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(Chapter 259 of NRS) Existing law provides that certain persons, including the county coroner, may petition a court for an order requiring the testing of a person or the person or the person’s employees to a communicable disease.
(Chapter 259 of NRS) Existing law provides that certain persons, including the county coroner, may petition a court for an order requiring the testing of a person or decedent for exposure to a communicable disease if the decedent may have exposed Section 3 of this bill authorizes a coroner to test a decedent under his or her jurisdiction for communicable diseases without obtaining such a court order if:
(NRS 441A.195)ed Section 3 of this bill authorizes a coroner to test a decedent under his or her jurisdiction for communicable diseases without obtaining such a court order if:
(2) a law enforcement officer, emergency medical attendant or firefighter came in contact with the blood or bodily fluids of the other person came in contact with the blood or bodily fluids of the decedent whiley - *SB463_R3* – 2 – rendering care or assistance in an emergency before the decedent came under the jurisdiction of the coroner.
(2) a law enforcement officer, emergency medical attendant or firefighter came in contact with the blood or bodily fluids of the decedent before the decedent came under the jurisdiction of the coroner;
Existing law authorizes a county coroner to use the money in the account to:
or (3) any other person came in contact with the blood or bodily fluids of the decedent while jurisdiction of the coroner.
in an emergency before the decedent came under the Existing law authorizes a county coroner to use the money in the account created for the support of the office of the county coroner to pay expenses relating to:
(NRS 259.025) Section 4 of this bill authorizes a county coroner to create:
(NRS 259.025) Section of this bill authorizes a county coroner to create:
(1) a program to promote the mental health of the employees of the county coroner and any person impacted as a result of providing services in his or her professional capacity in response to an incident involving mass casualties within the county;
(1) a program to promote the mental health of the employees of the county coroner and any person impacted as a incident involving mass casualties within the county;
and (2) a program that provides bereavement services to members of the public.
and (2) a program that to an provides bereavement services to members of the public.
Section 5 of this bill money from the account.oroner to pay expenses relating to those programs with Existing law requires a coroner to conduct an investigation when the coroner or a coroner’s deputy is informed that a person has been killed, has committed suicide or has suddenly died under such circumstances as to afford reasonable ground to suspect that the death has been occasioned by unnatural means.
Section 5 of this bill authorizes the county coroner to pay expenses relating to those programs with money from the account.
(NRS 259.050) Section 6 of this bill authorizes a coroner conducting such an investigation to subpoena the production of any documents, records or materials directly related or also provides that where it is apparent or can be reasonably inferred that a death may have been caused by drug use or poisoning, the coroner shall cause a postmortem examination to be performed by a forensic pathologist, unless the death occurred following a hospitalization stay of 24 hours or more.
Existing law requires a coroner to conduct an investigation when the coroner or a coroner’s deputy is informed that a person has been killed, has committed suicide or has suddenly died under such circumstances as to afford reasonable ground to Section 6 of this bill authorizes a coroner conducting such an investigation to subpoena the production of any documents, records or materials directly related or believed to contain evidence related to an investigation of the coroner.
Section 2 of this bill provides that when a forensic pathologist performs a postmortem examination at the direction of a coroner, the forensic pathologist shall determine the cause of death and the certifier of death shall record the cause of deaExisting law requires:
Section 6 also provides that where it is apparent or can be reasonably inferred that a death - 80th Session (2019) – 2 – may have been caused by drug use or poisoning, the coroner shall cause a postmortem examination to be performed by a forensic pathologist, unless the death occurred following a hospitalization stay of 24 hours or more.
Section 2 of this bill provides that when a forensic pathologist performs a determine the cause of death and the certifier of death shall record the cause ofall death as determined by the forensic pathologist on the certificate of death.
Existing law requires:
Existing law further provides that such fees must include $1 for the support of the office of the county coroner of the county.
Existing law further provides the county.
(NRS 440.700, 440.715) Sections 7 and 7.5 of this bill increase the fees for the support of the office of the county coroner from $1 to $4.
(NRS 440.700, 440.715) Sections 7 and 7.5 of this bill increase the feesf for the support of the office of the county coroner from $1 to $4.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB463_R3* – 3 – (a) A law enforcement officer, emergency medical attendant or firefighter came in contact with the blood or bodily fluids of the decedent in the course of his or her official duties before the decedent came under the jurisdiction of the coroner;
(a) A law enforcement officer, emergency medical attendant or firefighter came in contact with the blood or bodily fluids of the decedent in the course of his or her official duties before the decedent came under the jurisdiction of the coroner;
(a) The employees of the office of the coroner;
- 80th Session (2019) – 3 – (a) The employees of the office of the coroner;
Every county in this State constitutes a coroner’s the provisions of NRS 244.163.e a coroner is appointed pursuant to 2.
Every county in this State constitutes a coroner’s district, except a county where a coroner is appointed pursuant to the2.
The provisions of this chapter, except NRS 259.025, 259.180, inclusive, and sections 2, 3 and 4 of this act do not apply to any county where a coroner is appointed pursuant to the provisions of NRS 244.163.
The provisions of this chapter, except NRS 259.025, 259.045 , subsections 3 and 4 of NRS 259.050, and NRS 259.150 to 259.180, inclusive, and sections 2, 3 and 4 of this act do not apply to any county where a coroner is appointed pursuant to the provisions of NRS 244.163.
Claims against the account must be paid as other claims against the county are paid.
Claims against the account must be paid as other claims aga5.st Except as otherwise provided in subsection 8, the county coroner may use the money in the account to pay expenses relating to:
- *SB463_R3* – 4 – 5.
Except as otherwise provided in subsection 8, the county coroner may use the money in the account to pay expenses relating to:
and (e) Any program established by the coroner pursuant to section 4 of this act.
and - 80th Session (2019) – 4 – (e) Any program established by the coroner pursuant to section 4 of this act.
(a) The board of county commissioners of each county that constitutes a coroner’s district pursuant to NRS 259.010 and which has created an account for the support of the office of the county coroner pursuant to subsection 1 shall designate the office of a county coroner created pursuant to NRS 244.163 to receive the mon(b) The county treasurer of each county that constitutes a coroner’s district pursuant to NRS 259.010 and for which the board the office of the county coroner pursuant to subsection 1 shallof transfer all money in the account to the county treasurer of the county in which the office of the county coroner designated pursuant to paragraph (a) is established.
(a) The board of county commissioners of each county that constitutes a coroner’s district pursuant to NRS 259.010 and which has created an account for the support of the office of the county county coroner created pursuant to NRS 244.163 to receive thef a money in the account.
(b) The county treasurer of each county that constitutes a coroner’s district pursuant to NRS 259.010 and for which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to subsection 1 shall transfer all money in the account to the county treasurer of the county in which the office of the county coroner designated pursuant to paragraph (a) is established.
The office of the county coroner designated to receive money pursuant to subsection 7 may only use the money in each subaccount and any interest attributable to that money to pay expenses which are incurred in the county from which the money was transferred and which relate to the training of an ex officio coroner and his or her deputies on the investigation of deaths.
The office of the county coroner designated to receive money pursuant to subsection 7 may only use the money in each subaccount and any interest attributable to that money to pay was transferred and which relate to the training of an ex officio coroner and his or her deputies on the investigation of deaths.
- *SB463_R3* – 5 – Sec.
Sec.
If the sheriff is not ex officio the coroner, the coroner shall also notify the sheriff, and the district attorney and sheriff shall make the investigation with the assistance of the coroner.
If - 80th Session (2019) – 5 – the sheriff is not ex officio the coroner, the coroner shall also notify the sheriff, and the district attorney and sheriff shall make the investigation with the assistance of the coroner.
4.
document, record or material that is directly related or believed to contain evidence related to an investigation by the coroner.
A coroner may issue a subpoena for the production of any document, record or material that is directly related or believed to contain evidence related to an investigation by the coroner.
5.
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discretion of the district attorney or district judge of the county.
The holding of a coroner’s inquest is within the sound discretion of the district attorney or district judge of the county.
An inquest need not be conducted in any case of death manifestly or when it is publicly known that the death was caused by a personh already in custody, but an inquest must be held unless the district attorney or a district judge certifies that no inquest is required.
An inquest need not be conducted in any case of death manifestly occasioned by natural cause, suicide, accident, motor vehicle crash or when it is publicly known that the death was caused by a person already in custody, but an inquest must be held unless the district attorney or a district judge certifies that no inquest is required.
440.700 1.
State Registrar shall charge and collect a fee in an amounttion, the established by the State Registrar by regulation:
Except as otherwise provided in this section, the State Registrar shall charge and collect a fee in an amount established by the State Registrar by regulation:
- *SB463_R3* – 6 – (c) For establishing and filing a record of paternity, other than a hospital-based paternity, and providing a certified copy of the new record.
(c) For establishing and filing a record of paternity, other than a hospital-based paternity, and providing a certified copy of the new record.
(f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.
- 80th Session (2019) – 6 – (f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(i) For filing a delayed certificate of birth and providing a certified copy of the certificate.
(i) For filing a delayed certificate of birth and providing a cer(j) For the services of a notary public, provided by the State Registrar.
(j) For the services of a notary public, provided by the State Registrar.
a person other than a county clerk or a county recorder of a county in this State.
(l) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State.
computer programming.data files which require specific changes in 2.
(m) For compiling data files which require specific changes in computer programming.
2.
5.
certified copy of a record of birth to:rge a fee for furnishing a (a) A homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.
The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to:
(a) A homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.
- *SB463_R3* – 7 – 6.
6.
7.
- 80th Session (2019) – 7 – 7.
440.715 1.
account for the support of the county coroner pursuant to NRSan 259.025, a district health officer who provides a certified copy of a record of death originating in that county shall charge and collect, in addition to any other fee therefor, the sum of [$1] $4 for the support of the office of the county coroner created pursuant to NRS 244.163.
If a board of county commissioners creates an account for the support of the county coroner pursuant to NRS 259.025, a district health officer who provides a certified copy of a record of death originating in that county shall charge and collect, in addition to any other fee therefor, the sum of [$1] $4 for the support of the office of the county coroner created pursuant to NRS 244.163.
The district health officer shall remit any money collected which the certificate originates for credit to the account for the support of the office of the county coroner created pursuant to NRSSec.
The district health officer shall remit any money collected pursuant to this section to the county treasurer of the county in which the certificate originates for credit to the account for the support of the office of the county coroner created pursuant to NRS 259.025.
8.5.
Sec.
8.
[A] Except as otherwise provided in section 3 of this act, a law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner or any of their employees or volunteers, any other person who is employed by or is a volunteer for an agency of criminal justice or any other public employee or volunteer for a public agency who, in the course of his or her official duties, comes into contact with human blood or bodily fluids, or the employer of such a person or the public agency for which the person volunteers, may petition a court for an order requiring the testing of a person or decedent for exposure to a communicable disease if the person or decedent may have exposed the officer, emergency medical attendant, firefighter, county coroner or medical examiner or their employee or volunteer, other person employed by or volunteering for an agency of criminal justice or other public employee or volunteer for a public agency to a communicable disease.
[A] Except as otherwise provided in section 3 of this act, a law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner or any of their employees or volunteers, any other person who is employed by or is a volunteer for an agency of criminal justice or any other public employee or volunteer for a public agency who, in the course of his or her official duties, comes into contact with human blood or bodily fluids, or the employer of such a petition a court for an order requiring the testing of a person or decedent for exposure to a communicable disease if the person or decedent may have exposed the officer, emergency medical attendant, firefighter, county coroner or medical examiner or their employee or volunteer, other person employed by or volunteering for an agency of criminal justice or other public employee or volunteer for a public agency to a communicable disease.
- *SB463_R3* – 8 – 2.
2.
When possible, before filing a petition pursuant to subsection 1, the person, employer or public agency for which the person volunteers, and who is petitioning shall submit information concerning the possible exposure to a communicable disease to the designated health care officer for the employer or public agency or, if there is no designated health care officer, the person designated by the employer or public agency to document and verify possible exposure to communicable diseases, for verification that there was substantial exposure.
When possible, before filing a petition pursuant to subsection 1, the person, employer or public agency for which the person volunteers, and who is petitioning shall submit information concerning the possible exposure to a communicable disease to the designated health care officer for the employer or public agency or, if there is no designated health care officer, the person designated by - 80th Session (2019) – 8 – the employer or public agency to document and verify possible exposure to communicable diseases, for verification that there was substantial exposure.
A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person or decedent who possibly exposed him or her to a communicable disease.
A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to occurred between the person who filed the petition or on whoseds behalf the petition was filed and the person or decedent who possibly exposed him or her to a communicable disease.
If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred and, that a positive result from the test for the presence of a communicable disease would require the petitioner to seek medical intervention, the court sha(a) Order the person who possibly exposed the petitioner, or the person on whose behalf the petition was filed, to a communicable medical laboratory for testing for exposure to a communicableal or disease;
If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred and, that a positive result from the test for the presence of a communicable disease would require the petitioner to seek medical intervention, the court shall:
(a) Order the person who possibly exposed the petitioner, or the person on whose behalf the petition was filed, to a communicable disease to submit two appropriate specimens to a local hospital or medical laboratory for testing for exposure to a communicable disease;
The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in NRS 629.069.
The local hospital or medical laboratory shall perform the test in disclose the results of the test in the manner set forth inall NRS 629.069.
As soon as practicable - *SB463_R3* – 9 – after the duplicate order is signed, the duplicate order must be returned to the judge or justice of the peace who authorized the signing of it and must indicate on its face the judge or justice of the peace to whom it is to be returned.
As soon as practicable after the duplicate order is signed, the duplicate order must be returned to the judge or justice of the peace who authorized the signing of it and must indicate on its face the judge or justice of the peace to whom it is to be returned.
The judge or justice of the peace, upon receiving the returned order, shall endorse the order with his or her name and enter the date on which the order was returned.
The judge or justice of the peace, - 80th Session (2019) – 9 – upon receiving the returned order, shall endorse the order with his or her name and enter the date on which the order was returned.
8.
As used in this section:
H - *SB463_R3*
~~~~~ 19 - 80th Session (2019)
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Amendments

3 amendments

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Action History

  1. Chapter 621.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. To enrollment.

  5. From printer. To re-engrossment. Re-engrossed. Third reprint.

  6. Conference report adopted by Assembly. (Conference Amend. No. CA1.) To printer.

  7. From committee: Concur in Assembly Amendment No. 765 and further amend. Conference report adopted by Senate.

  8. Assembly Amendment No. 765 not receded from. Conference requested. Conference Committee appointed by Assembly. To Senate. In Senate. Conference Committee appointed by Senate. To committee.

  9. In Assembly.

  10. Assembly Amendment No. 765 not concurred in. To Assembly.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved. (Yeas: 34, Nays: 5, Excused: 2, Vacant: 1.) To Senate.

  13. From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  14. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 765.) To printer.

  15. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  16. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  17. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 258.) To printer.

  18. From printer. To committee.

  19. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Senate Committee on Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 463 do?
AN ACT relating to coroners; authorizing a coroner to test a decedent for communicable diseases without a court order under certain circumstances; authorizing a coroner to establish certain programs; authorizing a coroner to subpoena certain documents, records and materials; providing that funds from the account for the support of the office of the county coroner can be used to pay expenses relating to certain programs; requiring a postmortem examination be performed by a forensic pathologist under certain circumstances; increasing certain fees for the support of the office of the county coroner; making various other changes relating to coroners; and providing other matters properly relating thereto.
Who sponsors SB 463?
SB 463 is sponsored by Senate Committee on Government Affairs.
What is the current status of SB 463?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track SB 463?
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