Link to Page 2404

 

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ê2007 Statutes of Nevada, Page 2405 (Chapter 454, SB 529)ê

 

      (a) Upon request of the state agency, provide to the state agency information regarding the insured to determine:

             (1) Any period during which the insured, his spouse or dependent may be or may have been covered by the society; and

             (2) The nature of the coverage that is or was provided by the society, including, without limitation, the name and address of the insured and the identifying number of the certificate for health benefits, evidence of coverage or contract;

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      Sec. 34.  NRS 695B.340 is hereby amended to read as follows:

      695B.340  1.  A corporation shall not, when considering eligibility for coverage or making payments under a contract, consider the availability of, or any eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care, a corporation:

      (a) Shall treat Medicaid as having a valid and enforceable assignment of benefits of a subscriber or policyholder or claimant under him regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its subscriber or policyholder.

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by a contract,

Ê the corporation that issued the contract shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the same contract.

      4.  If a state agency is assigned any rights of a subscriber or policyholder who is eligible for medical assistance under Medicaid, a corporation shall:

      (a) Upon request of the state agency, provide to the state agency information regarding the subscriber or policyholder to determine:

             (1) Any period during which the subscriber or policyholder, his spouse or dependent may be or may have been covered by a contract; and

             (2) The nature of the coverage that is or was provided by the corporation, including, without limitation, the name and address of the subscriber or policyholder and the identifying number of the contract;

 


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ê2007 Statutes of Nevada, Page 2406 (Chapter 454, SB 529)ê

 

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      Sec. 35.  NRS 695C.163 is hereby amended to read as follows:

      695C.163  1.  A health maintenance organization shall not, when considering eligibility for coverage or making payments under a health care plan, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care, a health maintenance organization:

      (a) Shall treat Medicaid as having a valid and enforceable assignment of benefits due an enrollee or claimant under him regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by its plan, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid to reimbursement against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its enrollee.

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by a health care plan,

Ê the organization responsible for the health care plan shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the same plan.

      4.  If a state agency is assigned any rights of an enrollee who is eligible for medical assistance under Medicaid, a health maintenance organization shall:

      (a) Upon request of the state agency, provide to the state agency information regarding the enrollee to determine:

             (1) Any period during which the enrollee, his spouse or dependent may be or may have been covered by the health care plan; and

             (2) The nature of the coverage that is or was provided by the organization, including, without limitation, the name and address of the enrollee and the identifying number of the health care plan;

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

 


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ê2007 Statutes of Nevada, Page 2407 (Chapter 454, SB 529)ê

 

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      Sec. 36.  NRS 695F.440 is hereby amended to read as follows:

      695F.440  1.  An organization shall not, when considering eligibility for coverage or making payments under any evidence of coverage, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care , a prepaid limited health service organization:

      (a) Shall treat Medicaid as having a valid and enforceable assignment of benefits due a subscriber or claimant under him regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by its evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its subscriber.

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by any evidence of coverage,

Ê the prepaid limited health service organization that issued the evidence of coverage shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by any evidence of coverage.

      4.  If a state agency is assigned any rights of a subscriber who is eligible for medical assistance under Medicaid, a prepaid limited health service organization shall:

      (a) Upon request of the state agency, provide to the state agency information regarding the subscriber to determine:

             (1) Any period during which the subscriber, his spouse or dependent may be or may have been covered by the organization; and

             (2) The nature of the coverage that is or was provided by the organization, including, without limitation, the name and address of the subscriber and the identifying number of the evidence of coverage;

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

 


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ê2007 Statutes of Nevada, Page 2408 (Chapter 454, SB 529)ê

 

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      Sec. 37.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 455, SB 516

Senate Bill No. 516–Committee on Government Affairs

 

CHAPTER 455

 

AN ACT relating to public officers; revising the provisions governing the compensation of certain elected county officers; revising certain provisions relating to the payment of per diem allowances and travel expenses; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill increases, by 4 percent for each of Fiscal Years 2007-2008, 2008-2009, 2009-2010 and 2010-2011, the maximum amount at which the board of county commissioners may set the annual salary for a county commissioner of that county. Section 1 also increases the compensation to be paid to certain other elected county officers. For Fiscal Year 2007-2008, the total increase is 7 percent, which includes a base salary increase of 4 percent and an additional increase in compensation of 3 percent. For each of Fiscal Years 2008-2009, 2009-2010 and 2010-2011, the increase in compensation is 3 percent. (NRS 245.043)

      Under existing law, a board of county commissioners must reimburse an eligible county or township officer or employee of the county for the actual living expenses incurred during travel conducted for the transaction of public business and may allow reimbursement for traveling by private conveyance, but if a private conveyance is used for reasons of personal convenience in the transaction of state business, the standard mileage reimbursement rate for traveling by private conveyance is limited to one-half the established rate for which a deduction is allowed for the purposes of federal income tax. (NRS 245.060, 281.160) Section 2.5 of this bill allows the board of county commissioners of a county to provide to such an officer or employee a per diem allowance and travel expenses at the full rate established for employees of the Federal Government, provided that the travel for the transaction of public business is for a period of not more than 5 consecutive working days at a time.

      Pursuant to section 3 of this bill, the increases in salary and compensation applicable pursuant to section 1 of this bill for: (1) Fiscal Year 2007-2008, become effective on July 1, 2007; (2) Fiscal Year 2008-2009, become effective on July 1, 2008; (3) Fiscal Year 2009-2010, become effective on July 1, 2009; and (4) Fiscal Year 2010-2011, become effective on July 1, 2010. However, section 4 of this bill authorizes a county that has not commenced payment of the increased annual salaries to request and receive a waiver from payment of the increases based on insufficient financial resources. If a waiver is granted for any fiscal year, section 4 prohibits retroactive payment of the increases for that fiscal year.

      Section 1 of this bill also changes the salary classification of Storey County to the category of a county of class 4, thereby increasing the amount of the annual salaries paid to its elected county officers. Section 3.5 of this bill provides that the change in the salary classification of Storey County is retroactive to January 1, 2003, for the purpose of determining the maximum salary payable to members of the board of county commissioners of Storey County. Section 2 of this bill clarifies that county commissioners are eligible for longevity pay. (NRS 245.044)

 


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ê2007 Statutes of Nevada, Page 2409 (Chapter 455, SB 516)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 245.043 is hereby amended to read as follows:

      245.043  1.  As used in this section:

      (a) “County” includes Carson City.

      (b) “County commissioner” includes the Mayor and supervisors of Carson City.

      2.  Except as otherwise provided by any special law, the elected officers of the counties of this State are entitled to receive , for the appropriate fiscal year, annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.

 

ANNUAL SALARIES

 

                                               District                                County     County          County          County           Public

Class   County                  Attorney        Sheriff            Clerk      Assessor        Recorder       Treasurer  Administrator

 

     1      Clark                      [$155,745   $134,263     $91,138     $91,138        $91,138           $91,138            $91,138]

             FY 2007-2008          $166,647   $143,661     $97,518     $97,518        $97,518           $97,518              $97,518

              FY 2008-2009             171,647     147,971     100,443     100,443        100,443           100,443              100,443

             FY 2009-2010             176,796     152,410     103,456     103,456        103,456           103,456              103,456

             FY 2010-2011             182,100     156,983     106,560     106,560        106,560           106,560              106,560

     2      Washoe                   [137,485     110,632       83,543       83,543          83,543              83,543               83,543]

             FY 2007-2008             147,109     118,376       89,391       89,391          89,391              89,391                89,391

             FY 2008-2009             151,522     121,928       92,073       92,073          92,073              92,073                92,073

             FY 2009-2010             156,068     125,585       94,835       94,835          94,835              94,835                94,835

             FY 2010-2011             160,750     129,353       97,680       97,680          97,680              97,680                97,680

     3      Carson City              [98,707        81,846       65,012       65,012            --------              65,012                --------]

             FY 2007-2008             105,616        87,575       69,563       69,563          69,563              69,563                             

             FY 2008-2009             108,785        90,202       71,650       71,650          71,650              71,650                             

             FY 2009-2010             112,049        92,909       73,799       73,799          73,799              73,799                             

             FY 2010-2011             115,410        95,696       76,013       76,013          76,013              76,013                             

             Churchill                   [98,707        81,846       65,012       65,012          65,012               --------                --------]

             FY 2007-2008             105,616        87,575       69,563       69,563          69,563              69,563                             

             FY 2008-2009             108,785        90,202       71,650       71,650          71,650              71,650                             

             FY 2009-2010             112,049        92,909       73,799       73,799          73,799              73,799                             

             FY 2010-2011             115,410        95,696       76,013       76,013          76,013              76,013                             

             Douglas                     [98,707        81,846       65,012       65,012          65,012               --------                --------]

             FY 2007-2008             105,616        87,575       69,563       69,563          69,563              69,563                             

             FY 2008-2009             108,785        90,202       71,650       71,650          71,650              71,650                             

             FY 2009-2010             112,049        92,909       73,799       73,799          73,799              73,799                             

             FY 2010-2011             115,410        95,696       76,013       76,013          76,013              76,013                             

             Elko                            [98,707        81,846       65,012       65,012          65,012              65,012                --------]

             FY 2007-2008             105,616        87,575       69,563       69,563          69,563              69,563                             

             FY 2008-2009             108,785        90,202       71,650       71,650          71,650              71,650                             

             FY 2009-2010             112,049        92,909       73,799       73,799          73,799              73,799                             

             FY 2010-2011             115,410        95,696       76,013       76,013          76,013              76,013                             

 


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ê2007 Statutes of Nevada, Page 2410 (Chapter 455, SB 516)ê

 

ANNUAL SALARIES

 

                                               District                                County     County          County          County           Public

Class   County                  Attorney        Sheriff            Clerk      Assessor        Recorder       Treasurer  Administrator

 

             Humboldt               [$98,707     $81,846     $65,012     $65,012        $65,012           $65,012                --------]

             FY 2007-2008          $105,616     $87,575     $69,563     $69,563        $69,563           $69,563                             

             FY 2008-2009             108,785        90,202       71,650       71,650          71,650              71,650                             

             FY 2009-2010             112,049        92,909       73,799       73,799          73,799              73,799                             

             FY 2010-2011             115,410        95,696       76,013       76,013          76,013              76,013                             

             Lyon                           [98,707        81,846       65,012       65,012          65,012               --------                --------]

             FY 2007-2008             105,616        87,575       69,563       69,563          69,563              69,563                             

             FY 2008-2009             108,785        90,202       71,650       71,650          71,650              71,650                             

             FY 2009-2010             112,049        92,909       73,799       73,799          73,799              73,799                             

             FY 2010-2011             115,410        95,696       76,013       76,013          76,013              76,013                             

             Nye                             [98,707        81,846       65,012       65,012          65,012              65,012                --------]

             FY 2007-2008             105,616        87,575       69,563       69,563          69,563              69,563                             

             FY 2008-2009             108,785        90,202       71,650       71,650          71,650              71,650                             

             FY 2009-2010             112,049        92,909       73,799       73,799          73,799              73,799                             

             FY 2010-2011             115,410        95,696       76,013       76,013          76,013              76,013                             

     4      Lander                        [93,223        73,662       54,227       54,227          54,227              54,227                --------]

             FY 2007-2008               99,749        78,818       58,023       58,023          58,023              58,023                             

             FY 2008-2009             102,741        81,183       59,764       59,764          59,764              59,764                             

             FY 2009-2010             105,823        83,618       61,556       61,556          61,556              61,556                             

             FY 2010-2011             108,998        86,127       63,403       63,403          63,403              63,403                             

             Storey

             FY 2007-2008               99,749        78,818       58,023       58,023          58,023              58,023                             

             FY 2008-2009             102,741        81,183       59,764       59,764          59,764              59,764                             

             FY 2009-2010             105,823        83,618       61,556       61,556          61,556              61,556                             

             FY 2010-2011             108,998        86,127       63,403       63,403          63,403              63,403                             

             White Pine                [93,223        73,662       54,227       54,227          54,227              54,227                --------]

             FY 2007-2008               99,749        78,818       58,023       58,023          58,023              58,023                             

             FY 2008-2009             102,741        81,183       59,764       59,764          59,764              59,764                             

             FY 2009-2010             105,823        83,618       61,556       61,556          61,556              61,556                             

             FY 2010-2011             108,998        86,127       63,403       63,403          63,403              63,403                             

     5      Eureka                        [82,256        58,929       48,607       48,607          48,607               --------                --------]

             FY 2007-2008               88,014        63,054       52,009       52,009          52,009              52,009                             

             FY 2008-2009               90,654        64,946       53,570       53,570          53,570              53,570                             

             FY 2009-2010               93,374        66,894       55,177       55,177          55,177              55,177                             

             FY 2010-2011               96,175        68,901       56,832       56,832          56,832              56,832                             

             Lincoln                      [82,256        58,929       48,607       48,607          48,607              48,607                --------]

             FY 2007-2008               88,014        63,054       52,009       52,009          52,009              52,009                             

             FY 2008-2009               90,654        64,946       53,570       53,570          53,570              53,570                             

             FY 2009-2010               93,374        66,894       55,177       55,177          55,177              55,177                             

             FY 2010-2011               96,175        68,901       56,832       56,832          56,832              56,832                             

             Mineral                      [82,256        58,929       48,607       48,607          48,607               --------                --------]

             FY 2007-2008               88,014        63,054       52,009       52,009          52,009              52,009                             

             FY 2008-2009               90,654        64,946       53,570       53,570          53,570              53,570                             

             FY 2009-2010               93,374        66,894       55,177       55,177          55,177              55,177                             

             FY 2010-2011               96,175        68,901       56,832       56,832          56,832              56,832                             

             Pershing                     [82,256        58,929       48,607       48,607          48,607               --------                --------]

             FY 2007-2008               88,014        63,054       52,009       52,009          52,009              52,009                             

             FY 2008-2009               90,654        64,946       53,570       53,570          53,570              53,570                             

             FY 2009-2010               93,374        66,894       55,177       55,177          55,177              55,177                             

             FY 2010-2011               96,175        68,901       56,832       56,832          56,832              56,832                             

             [Storey]                      [82,256        58,929       48,607       48,607          48,607               --------                --------]

 


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ê2007 Statutes of Nevada, Page 2411 (Chapter 455, SB 516)ê

 

ANNUAL SALARIES

 

                                               District                                County     County          County          County           Public

Class   County                  Attorney        Sheriff            Clerk      Assessor        Recorder       Treasurer  Administrator

 

     6      Esmeralda               [$65,314     $52,382     $42,531     $42,531        $42,531               --------                --------]

             FY 2007-2008             $69,886     $56,049     $45,508     $45,508        $45,508                                                        

             FY 2008-2009               71,983        57,730       46,873       46,873          46,873                                                        

             FY 2009-2010               74,142        59,462       48,280       48,280          48,280                                                        

             FY 2010-2011               76,366        61,246       49,728       49,728          49,728                                                        

 

      3.  A board of county commissioners may, by a vote of at least a majority of all the members of the board, set the annual salary for the county commissioners of that county, but in no event may the annual salary exceed an amount which equals [126.65] :

      (a) For Fiscal Year 2007-2008, 131.716 percent ;

      (b) For Fiscal Year 2008-2009, 136.985 percent;

      (c) For Fiscal Year 2009-2010, 142.464 percent; and

      (d) For Fiscal Year 2010-2011, 148.163 percent,

Ê of the amount of the annual salary for the county commissioners of that county that was in effect by operation of statute on January 1, 2003.

      Sec. 2.  NRS 245.044 is hereby amended to read as follows:

      245.044  1.  On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he is entitled to an additional salary of 2 percent of his base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or his annual salary set pursuant to subsection 3 of NRS 245.043, as applicable, for each full calendar year he has served in his office.

      2.  The additional salary provided in this section for an eligible county officer:

      (a) Must be computed on July 1 of each year by multiplying 2 percent of the base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or the annual salary set pursuant to subsection 3 of NRS 245.043, as applicable, by the number of full calendar years the elected county officer has served in his office; and

      (b) Must not exceed 20 percent of the base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 [.] or the annual salary set pursuant to subsection 3 of NRS 245.043, as applicable.

      3.  Service on the Board of Supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the first Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.

      Sec. 2.5.  NRS 245.060 is hereby amended to read as follows:

      245.060  [If]

      1.  Except as otherwise provided in subsection 2, if a county or township officer or an employee of the county is entitled to receive reimbursement for his necessary traveling expenses for the transaction of public business, such reimbursement must include actual living expenses, but the amount allowed for traveling by private conveyance must not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, may allow for traveling by private conveyance an amount not to exceed the maximum per-mile allowance for travel by private conveyance of state officers and employees specified in subsection 3 of NRS 281.160.

 


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ê2007 Statutes of Nevada, Page 2412 (Chapter 455, SB 516)ê

 

in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, may allow for traveling by private conveyance an amount not to exceed the maximum per-mile allowance for travel by private conveyance of state officers and employees specified in subsection 3 of NRS 281.160.

      2.  The board of county commissioners of a county may provide, to any county or township officer or employee of the county who is required to travel for the transaction of public business for a period of not more than 5 consecutive working days at a time, a per diem allowance and travel expenses at the same rate as the comparable rate established for employees of the Federal Government by the Administrator of General Services pursuant to 5 U.S.C. § 5707, excluding any federal requirement, restriction or other condition which is applicable to that comparable rate.

      Sec. 3.  Except as otherwise provided in section 4 of this act, each county shall commence payment of the increased annual salaries of the elected officers of the county set forth in the table of annual salaries contained in subsection 2 of NRS 245.043, as amended by section 1 of this act:

      1.  For Fiscal Year 2007-2008, on July 1, 2007.

      2.  For Fiscal Year 2008-2009, on July 1, 2008.

      3.  For Fiscal Year 2009-2010, on July 1, 2009.

      4.  For Fiscal Year 2010-2011, on July 1, 2010.

      Sec. 3.5.  For the purposes of calculating the maximum salary that may be paid to a county commissioner pursuant to the provisions of subsection 3 of NRS 245.043, as amended by section 1 of this act, Storey County shall be deemed to have been categorized as a county of class 4 on January 1, 2003.

      Sec. 4.  1.  Except as otherwise provided in subsection 3, a board of county commissioners may apply to the Committee on Local Government Finance for a waiver from the requirement to increase the annual salaries of elected officers of the county to the annual salaries set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, for any of Fiscal Years 2007-2008, 2008-2009, 2009-2010 or 2010-2011, if the board determines that the financial resources of the county are insufficient to pay those increased annual salaries in the applicable fiscal year. The Committee on Local Government Finance shall grant such a waiver if it finds that the financial resources of the county are insufficient to pay those increased annual salaries in the applicable fiscal year.

      2.  A board of county commissioners that has been granted a waiver for a fiscal year as described in subsection 1 may apply to the Committee on Local Government Finance for an additional waiver for the next consecutive fiscal year if the board determines that the financial resources of the county continue to be insufficient to pay the increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, in that fiscal year. There is no limitation on the number of waivers for consecutive fiscal years that the board of county commissioners may be granted if the board determines that the financial resources of the county continue to be insufficient to pay the increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, in that fiscal year.

      3.  After commencing payment of the increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, in any fiscal year, a board of county commissioners may not apply for a waiver in any subsequent fiscal year.

 


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ê2007 Statutes of Nevada, Page 2413 (Chapter 455, SB 516)ê

 

of NRS 245.043, as amended by section 1 of this act, in any fiscal year, a board of county commissioners may not apply for a waiver in any subsequent fiscal year.

      4.  The increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, must not be paid retroactively for any fiscal year for which a waiver was granted to the county pursuant to subsection 1.

      Sec. 5.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 456, SB 483

Senate Bill No. 483–Committee on Judiciary

 

CHAPTER 456

 

AN ACT relating to business; revising provisions relating to corporations; revising the provisions relating to the reinstatement, renewal or revival of certain business associations; revising provisions relating to limited-liability companies; revising the applicability of the Uniform Partnership Act (1997); revising provisions relating to professional corporations and associations; revising provisions relating to the exemption of certain property of judgment debtors from attachment or execution; requiring financing statements of a transmitting utility to be filed in the Office of the Secretary of State; revising provisions relating to a trustee’s power of sale involving real property; making various other changes relating to business; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill expands a corporation’s powers to include the specific renunciation of certain business opportunities. (NRS 78.070) Section 2 of this bill clarifies existing law to specify that a board of directors may authorize a transaction by written consent even if the votes of common and interested directors are not counted and regardless of whether the members whose votes are not counted join or abstain from joining in such authorization. (NRS 78.140)

      Existing law sets forth provisions relating to the reinstatement, renewal or revival of certain business associations. (NRS 78.180, 78.740, 80.170, 82.5237, 82.546, 84.150, 86.276, 86.5467, 86.580, 87.530, 87.5435, 88.410, 88.594, 88A.650, 88A.737, 89.256) Sections 3, 10-14, 17, 21, 22, 28-33 and 44 of this bill provide that a reinstatement, renewal or revival of certain business associations relate back to the date of forfeiture.

      Section 5 of this bill prohibits a corporation from issuing stock certificates in bearer form. (NRS 78.235)

      Existing law requires written consent to be signed by all members of a board or committee of a corporation before taking certain actions. (NRS 78.315) Section 6 of this bill establishes provisions exempting certain directors from signing such written consent.

 


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ê2007 Statutes of Nevada, Page 2414 (Chapter 456, SB 483)ê

 

      Existing law requires directors of every corporation to be elected by a plurality of votes cast at the annual stockholders’ meeting. (NRS 78.330) Section 8 of this bill allows the articles of incorporation or bylaws to require more than a plurality of the vote.

      Section 15 of this bill establishes provisions allowing the dissolution of a limited-liability company before the commencement of any business. Section 16 of this bill provides limitations on liability by providing that a limited-liability company is an entity distinct from its managers and members. (NRS 86.201)

      Existing law establishes provisions relating to the operating agreement of a limited-liability company. (NRS 86.286) Section 18 of this bill provides that an operating agreement adopted after the filing of the articles of incorporation or after the formation of the limited-liability company may be enforced against the limited-liability company whether or not it assents to the agreement.

      Section 20 of this bill expands the class of members which may bring an action on behalf of a limited-liability company to include noneconomic members. (NRS 86.483) Section 26 of this bill revises the provisions concerning applicability of the Uniform Partnership Act (1997). (NRS 87.025, 87.4314) Section 27 of this bill revises the filing requirements for a registered limited-liability partnership to exclude the filing of a statement of the professional service rendered by the partnership. (NRS 87.440) Sections 34-43 of this bill revise the provisions relating to professional corporations and associations to reflect the inclusion of all professional entities and the formation of professional limited-liability companies. (NRS 89.020, 89.025, 89.030-89.110).

      Existing law establishes the right of shareholders to dissent from corporate actions. (NRS 92A.380) Section 45 of this bill prohibits a dissenting shareholder to vote his shares or to receive certain dividends or distributions after his dissent.

      Existing law exempts certain property of a judgment debtor from attachment or execution. (NRS 21.075, 21.090, 31.045) Sections 46-48 of this bill limit the exemption of payments received pursuant to the federal Social Security Act to such payments made for the individual support of the judgment debtor.

      Existing law provides that a transmitting utility may file a financing statement in the Office of the Secretary of State or the county recorder of the appropriate county. (NRS 104.9501) Section 49 of this bill no longer allows such financing statements to be filed in a county recorder’s office.

      Existing law sets forth certain requirements relating to a trustee’s power of sale involving real property. (NRS 107.080) Section 50 of this bill provides that, except under certain circumstances, for a sale to be declared void within 90 days after the date of the sale, an action must be commenced in the county where the sale took place and, within 30 days after commencing the action, notice of the action must be recorded in the office of the county recorder.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 78.070 is hereby amended to read as follows:

      78.070  Subject to such limitations, if any, as may be contained in its articles of incorporation, every corporation has the following powers:

      1.  To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation and to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or other security, or unsecured, for money borrowed, or in payment for property purchased or acquired, or for any other lawful object.

 


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ê2007 Statutes of Nevada, Page 2415 (Chapter 456, SB 483)ê

 

      2.  To guarantee, purchase, hold, take, obtain, receive, subscribe for, own, use, dispose of, sell, exchange, lease, lend, assign, mortgage, pledge, or otherwise acquire, transfer or deal in or with bonds or obligations of, or shares, securities or interests in or issued by, any person, government, governmental agency or political subdivision of government, and to exercise all the rights, powers and privileges of ownership of such an interest, including the right to vote, if any.

      3.  To purchase, hold, sell, pledge and transfer shares of its own stock, and use therefor its property or money.

      4.  To conduct business, have one or more offices, and hold, purchase, lease, mortgage, convey and take by devise or bequest real and personal property in this State, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, Puerto Rico and any foreign countries.

      5.  To do everything necessary and proper for the accomplishment of the objects enumerated in its articles of incorporation or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not the business is similar in nature to the objects set forth in the articles of incorporation, except that:

      (a) A corporation created under the provisions of this chapter does not possess the power of issuing bills, notes or other evidences of debt for circulation of money; and

      (b) This chapter does not authorize the formation of banking corporations to issue or circulate money or currency within this State, or outside of this State, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.

      6.  To make donations for the public welfare or for charitable, scientific or educational purposes.

      7.  To enter into any relationship with another person in connection with any lawful activities.

      8.  To renounce in its articles of incorporation or by action by the board of directors any interest or expectancy to participate in specified business opportunities or specified classes or categories of business opportunities that are presented to the corporation or one or more of its officers, directors or stockholders.

      Sec. 2.  NRS 78.140 is hereby amended to read as follows:

      78.140  1.  A contract or other transaction is not void or voidable solely because:

      (a) The contract or transaction is between a corporation and:

             (1) One or more of its directors or officers; or

             (2) Another corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested;

      (b) A common or interested director or officer:

             (1) Is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction; or

             (2) Joins in the signing of a written consent which authorizes or approves the contract or transaction pursuant to subsection 2 of NRS 78.315; or

      (c) The vote or votes of a common or interested director are counted for the purpose of authorizing or approving the contract or transaction,

Ê if one of the circumstances specified in subsection 2 exists.

 


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ê2007 Statutes of Nevada, Page 2416 (Chapter 456, SB 483)ê

 

      2.  The circumstances in which a contract or other transaction is not void or voidable pursuant to subsection 1 are:

      (a) The fact of the common directorship, office or financial interest is known to the board of directors or committee, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of the common or interested director or directors.

      (b) The fact of the common directorship, office or financial interest is known to the stockholders, and they approve or ratify the contract or transaction in good faith by a majority vote of stockholders holding a majority of the voting power. The votes of the common or interested directors or officers must be counted in any such vote of stockholders.

      (c) The fact of the common directorship, office or financial interest is not known to the director or officer at the time the transaction is brought before the board of directors of the corporation for action.

      (d) The contract or transaction is fair as to the corporation at the time it is authorized or approved.

      3.  Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at the meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.

      4.  The fact that the vote or votes of the common or interested director or directors are not counted for purposes of subsection 2 does not prohibit any authorization, approval or ratification of a contract or transaction to be given by written consent pursuant to subsection 2 of NRS 78.315, regardless of whether the common or interested director signs such written consent or abstains in writing from providing consent.

      5.  Unless otherwise provided in the articles of incorporation or the bylaws, the board of directors, without regard to personal interest, may establish the compensation of directors for services in any capacity. If the board of directors establishes the compensation of directors pursuant to this subsection, such compensation is presumed to be fair to the corporation unless proven unfair by a preponderance of the evidence.

      Sec. 3.  NRS 78.180 is hereby amended to read as follows:

      78.180  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the corporation its right to carry on business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 78.150;

             (2) The statement required by NRS 78.153, if applicable; and

             (3) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which it failed to file each required annual list in a timely manner;

             (2) The fee set forth in NRS 78.153, if applicable; and

             (3) A fee of $300 for reinstatement.

 


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ê2007 Statutes of Nevada, Page 2417 (Chapter 456, SB 483)ê

 

      2.  When the Secretary of State reinstates the corporation, he shall issue to the corporation a certificate of reinstatement if the corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 8 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      5.  Except as otherwise provided in NRS 78.185, a reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 4.  NRS 78.185 is hereby amended to read as follows:

      78.185  1.  Except as otherwise provided in subsection 2, if a corporation applies to reinstate or revive its charter but its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the corporation shall in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its corporate existence to be reinstated or revived. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall [reinstatement] reinstate the corporation under that new name. Upon the issuance of a certificate of reinstatement or revival under that new name, the articles of incorporation of the applying corporation shall be deemed to reflect the new name without the corporation having to comply with the provisions of NRS 78.385, 78.390 or 78.403.

      2.  If the applying corporation submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying corporation or a new name it has submitted, it may be reinstated or revived under that name.

      3.  For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination of these.

      4.  The Secretary of State may adopt regulations that interpret the requirements of this section.

      Sec. 5.  NRS 78.235 is hereby amended to read as follows:

      78.235  1.  Except as otherwise provided in subsection 4, every stockholder is entitled to have a certificate, signed by officers or agents designated by the corporation for the purpose, certifying the number of shares [owned by him] in the corporation [.] owned by the stockholder. A corporation has no power to issue a certificate in bearer form, and any such certificate that is issued is void and of no force or effect.

      2.  Whenever any certificate is countersigned or otherwise authenticated by a transfer agent or transfer clerk, and by a registrar, then a facsimile of the signatures of the officers or agents, the transfer agent or transfer clerk or the registrar of the corporation may be printed or lithographed upon the certificate in lieu of the actual signatures.

 


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ê2007 Statutes of Nevada, Page 2418 (Chapter 456, SB 483)ê

 

the registrar of the corporation may be printed or lithographed upon the certificate in lieu of the actual signatures. If a corporation uses facsimile signatures of its officers and agents on its stock certificates, it cannot act as registrar of its own stock, but its transfer agent and registrar may be identical if the institution acting in those dual capacities countersigns or otherwise authenticates any stock certificates in both capacities.

      3.  If any officer or officers who have signed, or whose facsimile signature or signatures have been used on, any certificate or certificates for stock cease to be an officer or officers of the corporation, whether because of death, resignation or other reason, before the certificate or certificates have been delivered by the corporation, the certificate or certificates may nevertheless be adopted by the corporation and be issued and delivered as though the person or persons who signed the certificate or certificates, or whose facsimile signature or signatures have been used thereon, had not ceased to be an officer or officers of the corporation.

      4.  Unless otherwise provided in the articles of incorporation or bylaws, the board of directors may authorize the issuance of uncertificated shares of some or all of the shares of any or all of its classes or series. The issuance of uncertificated shares has no effect on existing certificates for shares until surrendered to the corporation, or on the respective rights and obligations of the stockholders. Unless otherwise provided by a specific statute, the rights and obligations of stockholders are identical whether or not their shares of stock are represented by certificates.

      5.  Within a reasonable time after the issuance or transfer of shares without certificates, the corporation shall send the stockholder a written statement containing the information required on the certificates pursuant to subsection 1. At least annually thereafter, the corporation shall provide to its stockholders of record, a written statement confirming the information contained in the informational statement previously sent pursuant to this subsection.

      6.  Unless otherwise provided in the articles of incorporation or bylaws, a corporation may issue a new certificate of stock or, if authorized by the board of directors pursuant to subsection 4, uncertificated shares in place of a certificate previously issued by it and alleged to have been lost, stolen or destroyed. A corporation may require an owner or legal representative of an owner of a lost, stolen or destroyed certificate to give the corporation a bond or other security sufficient to indemnify it against any claim that may be made against it for the alleged loss, theft or destruction of a certificate, or the issuance of a new certificate or uncertificated shares.

      Sec. 6.  NRS 78.315 is hereby amended to read as follows:

      78.315  1.  Unless the articles of incorporation or the bylaws provide for a greater or lesser proportion, a majority of the board of directors of the corporation then in office, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the voting power of the directors, present at a meeting at which a quorum is present, is the act of the board of directors.

      2.  Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee [.] , except that such written consent is not required to be signed by:

 


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ê2007 Statutes of Nevada, Page 2419 (Chapter 456, SB 483)ê

 

      (a) A common or interested director who abstains in writing from providing consent to the action. If a common or interested director abstains in writing from providing consent:

             (1) The fact of the common directorship, office or financial interest must be known to the board of directors or committee before a written consent is signed by all the members of the board of the committee.

             (2) Such fact must be described in the written consent.

             (3) The board of directors or committee must approve, authorize or ratify the action in good faith by unanimous consent without counting the abstention of the common or interested director.

      (b) A director who is a party to an action, suit or proceeding who abstains in writing from providing consent to the action of the board of directors or committee. If a director who is a party to an action, suit or proceeding abstains in writing from providing consent on the basis that he is a party to an action, suit or proceeding, the board of directors or committee must:

             (1) Make a determination pursuant to NRS 78.751 that indemnification of the director is proper under the circumstances.

             (2) Approve, authorize or ratify the action of the board of directors or committee in good faith by unanimous consent without counting the abstention of the director who is a party to an action, suit or proceeding.

      3.  Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee by means of a telephone conference or similar methods of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 7.  NRS 78.320 is hereby amended to read as follows:

      78.320  1.  Unless this chapter, the articles of incorporation or the bylaws provide for different proportions:

      (a) A majority of the voting power, which includes the voting power that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and

      (b) Action by the stockholders on a matter other than the election of directors is approved if the number of votes cast in favor of the action exceeds the number of votes cast in opposition to the action.

      2.  Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if, before or after the action, a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.

      3.  In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given.

      4.  Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders by means of a telephone conference or similar methods of communication by which all persons participating in the meeting can hear each other.

 


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ê2007 Statutes of Nevada, Page 2420 (Chapter 456, SB 483)ê

 

persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      5.  Unless [otherwise provided in] this chapter, the articles of incorporation or the bylaws [,] provide for different proportions, if voting by a class or series of stockholders is permitted or required [, a] :

      (a) A majority of the voting power of the class or series that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business [.] ; and

      (b) An act by the stockholders of each class or series is approved if a majority of the voting power of a quorum of the class or series votes for the action.

      Sec. 8.  NRS 78.330 is hereby amended to read as follows:

      78.330  1.  Unless elected pursuant to NRS 78.320, or unless the articles of incorporation or the bylaws require more than a plurality of the votes cast, directors of every corporation must be elected at the annual meeting of the stockholders by a plurality of the votes cast at the election. Unless otherwise provided in this chapter or in the bylaws, the board of directors has the authority to set the date, time and place for the annual meeting of the stockholders. If for any reason directors are not elected pursuant to NRS 78.320 or at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose. Unless otherwise provided in the articles of incorporation or bylaws, each director holds office after the expiration of his term until his successor is elected and qualified, or until he resigns or is removed.

      2.  The articles of incorporation or the bylaws may provide for the classification of directors as to the duration of their respective terms of office or as to their election by one or more authorized classes or series of shares, but at least one-fourth in number of the directors of every corporation must be elected annually. If an amendment reclassifying the directors would otherwise increase the term of a director, unless the amendment is to the articles of incorporation and otherwise provides, the term of each incumbent director on the effective date of the amendment terminates on the date it would have terminated had there been no reclassification.

      3.  The articles of incorporation may provide that the voting power of individual directors or classes of directors may be greater than or less than that of any other individual directors or classes of directors, and the different voting powers may be stated in the articles of incorporation or may be dependent upon any fact or event that may be ascertained outside the articles of incorporation if the manner in which the fact or event may operate on those voting powers is stated in the articles of incorporation. If the articles of incorporation provide that any directors may have voting power greater than or less than other directors, every reference in this chapter to a majority or other proportion of directors shall be deemed to refer to a majority or other proportion of the voting power of all of the directors or classes of directors, as may be required by the articles of incorporation.

      Sec. 9.  NRS 78.565 is hereby amended to read as follows:

      78.565  1.  Unless otherwise provided in the articles of incorporation, every corporation may, by action taken at any meeting of its board of directors, sell, lease or exchange all of its property and assets, including its goodwill and its corporate franchises, upon such terms and conditions as its board of directors may approve, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power .

 


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ê2007 Statutes of Nevada, Page 2421 (Chapter 456, SB 483)ê

 

board of directors may approve, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power . [given at a stockholders’ meeting called for that purpose.]

      2.  Unless otherwise provided in the articles of incorporation, a vote of stockholders is not necessary:

      (a) For a transfer of assets by way of mortgage, or in trust or in pledge to secure indebtedness of the corporation; or

      (b) To abandon the sale, lease or exchange of assets.

      Sec. 10.  NRS 78.740 is hereby amended to read as follows:

      78.740  1.  Any corporation existing on or incorporated after April 1, 1925, desiring to renew or revive its corporate existence, upon complying with the provisions of this chapter, is and continues for the time stated in its certificate of renewal to be a corporation, and in addition to the rights, privileges and immunities conferred by its original charter, possesses and enjoys all the benefits of this chapter that are applicable to the nature of its business, and is subject to the restrictions and liabilities by this chapter imposed on such corporations.

      2.  Except as otherwise provided in NRS 78.185, a renewal or revival pursuant to NRS 78.730 relates back to the date on which the corporation’s charter expired or was revoked and renews or revives the corporation’s charter and right to transact business as if such right had at all times remained in full force and effect.

      Sec. 11.  NRS 80.170 is hereby amended to read as follows:

      80.170  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list as provided in NRS 80.110 and 80.140;

             (2) The statement required by NRS 80.115, if applicable; and

             (3) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 80.110 and 80.150 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 80.115, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the corporation, he shall issue to the corporation a certificate of reinstatement if the corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 8 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a corporation to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

      5.  Except as otherwise provided in NRS 80.175, a reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

 


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forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 12.  NRS 82.5237 is hereby amended to read as follows:

      82.5237  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign nonprofit corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of NRS 82.523 to 82.5239, inclusive, and restore to the foreign nonprofit corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State a list as provided in NRS 82.523; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 82.523 and 82.5235 for each year or portion thereof that its right to transact business was forfeited; and

             (2) A fee of $100 for reinstatement.

      2.  When the Secretary of State reinstates the foreign nonprofit corporation, he shall issue to the foreign nonprofit corporation a certificate of reinstatement if the foreign nonprofit corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the fees as provided in subsection 8 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign nonprofit corporation to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.

      5.  Except as otherwise provided in NRS 82.5239, a reinstatement pursuant to this section relates back to the date on which the foreign nonprofit corporation forfeited its right to transact business under the provisions of this chapter and reinstates the foreign nonprofit corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 13.  NRS 82.546 is hereby amended to read as follows:

      82.546  1.  Any corporation which did exist or is existing pursuant to the laws of this State may, upon complying with the provisions of NRS 78.150 and 82.193, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or its existing charter, by filing:

      (a) A certificate with the Secretary of State, which must set forth:

             (1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.

             (2) The name and street address of the lawfully designated resident agent of the filing corporation, and his mailing address if different from his street address.

 


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             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

             (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

             (5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) A list of its president, secretary and treasurer and all of its directors and their mailing or street addresses, either residence or business.

      2.  A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by an officer of the corporation. The certificate must be approved by a majority of the last-appointed surviving directors.

      3.  A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary. The signing and filing of the certificate must be approved unanimously by the last-appointed surviving directors of the corporation and must contain a recital that unanimous consent was secured. The corporation shall pay to the Secretary of State the fee required to establish a new corporation pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation named therein.

      5.  Except as otherwise provided in NRS 78.185, a renewal or revival pursuant to this section relates back to the date on which the corporation’s charter expired or was revoked and renews or revives the corporation’s charter and right to transact business as if such right had at all times remained in full force and effect.

      Sec. 14.  NRS 84.150 is hereby amended to read as follows:

      84.150  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any corporation sole which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this State and exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State a certificate of acceptance of appointment signed by the resident agent of the corporation; and

      (b) Pays to the Secretary of State:

             (1) The filing fees and penalties set forth in this chapter for each year or portion thereof during which its charter has been revoked; and

             (2) A fee of $25 for reinstatement.

      2.  When the Secretary of State reinstates the corporation to its former rights, he shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and

      (b) Upon demand, issue to the corporation a certified copy of the certificate of reinstatement.

 


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      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of its charter occurred only by reason of its failure to pay the fees and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.

      5.  A reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 15.  Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before the commencement of business by any limited-liability company where management is vested in one or more managers and where no member’s interest in the limited-liability company has been issued, at least two-thirds of the organizers or the managers of the limited-liability company may dissolve the limited-liability company by filing with the Secretary of State a certificate of dissolution to dissolve the limited-liability company.

      2.  A certificate of dissolution filed with the Secretary of State pursuant to subsection 1 must state that:

      (a) The management of the limited-liability company is vested in one or more managers;

      (b) The limited-liability company has not commenced business; and

      (c) No member’s interest in the limited-liability company has been issued.

      Sec. 16.  NRS 86.201 is hereby amended to read as follows:

      86.201  1.  A limited-liability company is considered legally organized pursuant to this chapter upon:

      (a) Filing the articles of organization with the Secretary of State or upon a later date specified in the articles of organization;

      (b) Filing the certificate of acceptance of the resident agent with the Secretary of State; and

      (c) Paying the required filing fees to the Secretary of State.

      2.  A limited-liability company must not transact business or incur indebtedness, except that which is incidental to its organization or to obtaining subscriptions for or payment of contributions, until the company is considered legally organized pursuant to subsection 1.

      3.  A limited-liability company is an entity distinct from its managers and members.

      Sec. 17.  NRS 86.276 is hereby amended to read as follows:

      86.276  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any limited-liability company which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the company its right to carry on business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 86.263;

             (2) The statement required by NRS 86.264, if applicable; and

             (3) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

 


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             (1) The filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which it failed to file in a timely manner each required annual list;

             (2) The fee set forth in NRS 86.264, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the limited-liability company, he shall issue to the company a certificate of reinstatement if the limited-liability company:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 86.561.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

      4.  If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      5.  Except as otherwise provided in NRS 86.278, a reinstatement pursuant to this section relates back to the date on which the company forfeited its right to transact business under the provisions of this chapter and reinstates the company’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 18.  NRS 86.286 is hereby amended to read as follows:

      86.286  1.  A limited-liability company may, but is not required to, adopt an operating agreement. An operating agreement may be adopted only by the unanimous vote or unanimous written consent of the members, or by the sole member, and the operating agreement must be in writing. Unless otherwise provided in the operating agreement, amendments to the agreement may be adopted only by the unanimous vote or unanimous written consent of the persons who are members at the time of amendment.

      2.  An operating agreement may be adopted before, after or at the time of the filing of the articles of organization and, whether entered into before, after or at the time of the filing, may become effective at the formation of the limited-liability company or at a later date specified in the operating agreement. If an operating agreement is adopted [before] :

      (a) Before the filing of the articles of organization or before the effective date of formation specified in the articles of organization, the operating agreement is not effective until the effective date of formation of the limited-liability company.

      (b) After the filing of the articles of organization or after the effective date of formation specified in the articles of organization, the operating agreement binds the limited-liability company and may be enforced whether or not the limited-liability company assents to the operating agreement.

      3.  An operating agreement may provide that a certificate of limited-liability company interest issued by the limited-liability company may evidence a member’s interest in a limited-liability company.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  NRS 86.483 is hereby amended to read as follows:

      86.483  A member, [when permitted] including a noneconomic member unless otherwise prohibited by the terms of the articles of organization or operating agreement, may bring an action in the right of a limited-liability company to recover a judgment in its favor if managers or members with authority to do so have refused to bring the action or if an effort to cause those managers or members to bring the action is not likely to succeed.

 


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members with authority to do so have refused to bring the action or if an effort to cause those managers or members to bring the action is not likely to succeed.

      Sec. 21.  NRS 86.5467 is hereby amended to read as follows:

      86.5467  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign limited-liability company which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited-liability company its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 86.5461;

             (2) The statement required by NRS 86.5462, if applicable; and

             (3) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 86.5461 and 86.5465 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 86.5462, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign limited-liability company, he shall issue to the foreign limited-liability company a certificate of reinstatement if the foreign limited-liability company:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 86.561.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign limited-liability company to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right must not be reinstated.

      5.  Except as otherwise provided in NRS 86.5468, a reinstatement pursuant to this section relates back to the date on which the foreign limited-liability company forfeited its right to transact business under the provisions of this chapter and reinstates the foreign limited-liability company’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 22.  NRS 86.580 is hereby amended to read as follows:

      86.580  1.  A limited-liability company which did exist or is existing pursuant to the laws of this State may, upon complying with the provisions of NRS 86.276, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing:

      (a) A certificate with the Secretary of State, which must set forth:

             (1) The name of the limited-liability company, which must be the name of the limited-liability company at the time of the renewal or revival, or its name at the time its original charter expired.

 


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             (2) The name of the person lawfully designated as the resident agent of the limited-liability company, his street address for the service of process, and his mailing address if different from his street address.

             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

             (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

             (5) That the limited-liability company desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) A list of its managers, or if there are no managers, all its managing members and their mailing or street addresses, either residence or business.

      2.  A limited-liability company whose charter has not expired and is being renewed shall cause the certificate to be signed by its manager, or if there is no manager, by a person designated by its members. The certificate must be approved by a majority in interest.

      3.  A limited-liability company seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the members. The signing and filing of the certificate must be approved by the written consent of a majority in interest and must contain a recital that this consent was secured. The limited-liability company shall pay to the Secretary of State the fee required to establish a new limited-liability company pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence of the limited-liability company therein named.

      5.  Except as otherwise provided in NRS 86.278, a renewal or revival pursuant to this section relates back to the date on which the limited-liability company’s charter expired or was revoked and renews or revives the limited-liability company’s charter and right to transact business as if such right had at all times remained in full force and effect.

      Sec. 23.  NRS 87.020 is hereby amended to read as follows:

      87.020  As used in NRS 87.010 to 87.430, inclusive, unless the context otherwise requires:

      1.  “Bankrupt” includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.

      2.  “Conveyance” includes every assignment, lease, mortgage or encumbrance.

      3.  “Court” includes every court and judge having jurisdiction in the case.

      4.  “Real property” includes land and any interest or estate in land.

      5.  “Registered limited-liability partnership” means a partnership formed pursuant to an agreement governed by NRS 87.010 to 87.430, inclusive, [for the purpose of rendering a professional service] and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.

      Sec. 24.  (Deleted by amendment.)

 


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      Sec. 25.  NRS 87.4311 is hereby amended to read as follows:

      87.4311  “Registered limited-liability partnership” means a partnership formed pursuant to an agreement governed by NRS 87.4301 to 87.4357, inclusive, [for the purpose of rendering a professional service] and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.

      Sec. 26.  NRS 87.4314 is hereby amended to read as follows:

      87.4314  The provisions of NRS 87.4301 to 87.4357, inclusive, apply to a partnership:

      1.  Which [was formed before July 1, 2006; or

      2.  Which is formed on or after July 1, 2006,

Ê and which] voluntarily elects to be governed by the provisions of NRS 87.4301 to 87.4357, inclusive [.] ; or

      2.  Which is formed on or after July 1, 2006, and which does not voluntarily elect to be governed by the provisions of NRS 87.010 to 87.430, inclusive.

      Sec. 27.  NRS 87.440 is hereby amended to read as follows:

      87.440  1.  To become a registered limited-liability partnership, a partnership shall file with the Secretary of State a certificate of registration stating each of the following:

      (a) The name of the partnership.

      (b) The street address of its principal office.

      (c) The name of the person designated as the partnership’s resident agent, the street address of the resident agent where process may be served upon the partnership and the mailing address of the resident agent if it is different than his street address.

      (d) The name and business address of each managing partner in this State.

      (e) [A brief statement of the professional service rendered by the partnership.

      (f)] That the partnership thereafter will be a registered limited-liability partnership.

      [(g)] (f) Any other information that the partnership wishes to include.

      2.  The certificate of registration must be signed by a majority in interest of the partners or by one or more partners authorized to sign such a certificate.

      3.  The certificate of registration must be accompanied by a fee of $75.

      4.  The Secretary of State shall register as a registered limited-liability partnership any partnership that submits a completed certificate of registration with the required fee.

      5.  The registration of a registered limited-liability partnership is effective at the time of the filing of the certificate of registration.

      Sec. 28.  NRS 87.530 is hereby amended to read as follows:

      87.530  1.  Except as otherwise provided in subsection 3, the Secretary of State shall reinstate the certificate of registration of a registered limited-liability partnership that is revoked pursuant to NRS 87.520 if the registered limited-liability partnership:

      (a) Files with the Secretary of State:

             (1) The information required by NRS 87.510; and

             (2) A certificate of acceptance of appointment signed by its resident agent; and

 


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      (b) Pays to the Secretary of State:

             (1) The fee required to be paid pursuant to NRS 87.510;

             (2) Any penalty required to be paid pursuant to NRS 87.520; and

             (3) A reinstatement fee of $300.

      2.  When the Secretary of State reinstates the registered limited-liability partnership, he shall issue to the registered limited-liability partnership a certificate of reinstatement if the registered limited-liability partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 87.550.

      3.  The Secretary of State shall not reinstate the certificate of registration of a registered limited-liability partnership if the certificate was revoked pursuant to the provisions of this chapter at least 5 years before the date of the proposed reinstatement.

      4.  Except as otherwise provided in NRS 87.455, a reinstatement pursuant to this section relates back to the date on which the registered limited-liability partnership’s certificate of registration was revoked and reinstates the registered limited-liability’s certificate of registration as if such certificate had at all times remained in full force and effect.

      Sec. 29.  NRS 87.5435 is hereby amended to read as follows:

      87.5435  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign registered limited-liability partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign registered limited-liability partnership its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 87.541; and

             (2) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 87.541 and 87.5425 for each year or portion thereof that its right to transact business was forfeited; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign registered limited-liability partnership, he shall issue to the foreign registered limited-liability partnership a certificate of reinstatement if the foreign registered limited-liability partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 87.550.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign registered limited-liability partnership to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.

      5.  Except as otherwise provided in NRS 87.544, a reinstatement pursuant to this section relates back to the date on which the foreign registered limited-liability partnership forfeited its right to transact business under the provisions of this chapter and reinstates the foreign registered limited-liability partnership’s right to transact business as if such right had at all times remained in full force and effect.

 


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registered limited-liability partnership’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 30.  NRS 88.410 is hereby amended to read as follows:

      88.410  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and restore to the limited partnership its right to carry on business in this State, and to exercise its privileges and immunities if it:

      (a) Files with the Secretary of State:

             (1) The list required pursuant to NRS 88.395;

             (2) The statement required by NRS 88.397, if applicable; and

             (3) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88.395 and 88.400 for each year or portion thereof during which the certificate has been revoked;

             (2) The fee set forth in NRS 88.397, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the limited partnership, he shall issue to the limited partnership a certificate of reinstatement if the limited partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88.415.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation occurred only by reason of failure to pay the fees and penalties.

      4.  If a limited partnership’s certificate has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 years, the certificate must not be reinstated.

      5.  Except as otherwise provided in NRS 88.327, a reinstatement pursuant to this section relates back to the date on which the limited partnership forfeited its right to transact business under the provisions of this chapter and reinstates the limited partnership’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 31.  NRS 88.594 is hereby amended to read as follows:

      88.594  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited partnership its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 88.591;

             (2) The statement required by NRS 88.5915, if applicable; and

             (3) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88.591 and 88.593 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 88.5915, if applicable; and

             (3) A fee of $300 for reinstatement.

 


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      2.  When the Secretary of State reinstates the foreign limited partnership, he shall issue to the foreign limited partnership a certificate of reinstatement if the foreign limited partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88.415.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign limited partnership to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

      5.  Except as otherwise provided in NRS 88.5945, a reinstatement pursuant to this section relates back to the date on which the foreign limited partnership forfeited its right to transact business under the provisions of this chapter and reinstates the foreign limited partnership’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 32.  NRS 88A.650 is hereby amended to read as follows:

      88A.650  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a business trust which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the business trust its right to carry on business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 88A.600; and

             (2) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88A.600 and 88A.630 for each year or portion thereof during which its certificate of trust was revoked; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the business trust, he shall issue to the business trust a certificate of reinstatement if the business trust:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88A.900.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the certificate of trust occurred only by reason of the failure to file the list or pay the fees and penalties.

      4.  If a certificate of business trust has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the certificate must not be reinstated.

      5.  Except as otherwise provided in NRS 88A.660, a reinstatement pursuant to this section relates back to the date on which the business trust forfeited its right to transact business under the provisions of this chapter and reinstates the business trust’s right to transact business as if such right had at all times remained in full force and effect.

 


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      Sec. 33.  NRS 88A.737 is hereby amended to read as follows:

      88A.737  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign business trust which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign business trust its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 88A.732; and

             (2) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88A.732 and 88A.735 for each year or portion thereof that its right to transact business was forfeited; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign business trust, he shall issue to the foreign business trust a certificate of reinstatement if the foreign business trust:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88A.900.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign business trust to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.

      5.  Except as otherwise provided in NRS 88A.738, a reinstatement pursuant to this section relates back to the date the foreign business trust forfeited its right to transact business under the provisions of this chapter and reinstates the foreign business trust’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 34.  NRS 89.020 is hereby amended to read as follows:

      89.020  As used in this chapter, unless the context requires otherwise:

      1.  “Articles” means either the articles of incorporation of a professional corporation or the articles of organization of a professional limited-liability company.

      2.  “Employee” means a person licensed or otherwise legally authorized to render professional service within this State who renders such service through a professional [corporation] entity or a professional association, but does not include clerks, bookkeepers, technicians or other persons who are not usually considered by custom and practice of the profession to be rendering professional services to the public.

      [2.] 3.  “Licensed” means legally authorized by the appropriate regulating board of this State to engage in a regulated profession in this State.

      [3.] 4.  “Professional association” means a common-law association of two or more persons licensed or otherwise legally authorized to render professional service within this State when created by written articles of association which contain in substance the following provisions characteristic of corporate entities:

 


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      (a) The death, insanity, bankruptcy, retirement, resignation, expulsion or withdrawal of any member of the association does not cause its dissolution.

      (b) The authority to manage the affairs of the association is vested in a board of directors or an executive board or committee, elected by the members of the association.

      (c) The members of the association are employees of the association.

      (d) Members’ ownership is evidenced by certificates.

      [4.] 5.  “Owner” means the owner of stock in a professional corporation or the owner of a member’s interest, as defined in NRS 86.091, in a professional limited-liability company.

      6.  “Owner’s interest” means the stock of a professional corporation or a member’s interest, as defined in NRS 86.091, of a professional limited-liability company.

      7.  “Professional corporation” means a corporation organized under this chapter to render a professional service.

      [5.] 8.  “Professional entity” means either a professional corporation or a professional limited-liability company.

      9.  “Professional limited-liability company” means a limited-liability company organized pursuant to this chapter to render professional service.

      10.  “Professional service” means any type of personal service which may legally be performed only pursuant to a license, certificate of registration or other legal authorization.

      [6.] 11.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      [7.] 12.  “Regulating board” means the body which regulates and authorizes the admission to the profession which a professional [corporation] entity or a professional association is authorized to perform.

      [8.] 13.  “Sign” means to affix a signature to a record.

      [9.] 14.  “Signature” means a name, word, symbol or mark executed or otherwise adopted, or a record encrypted or similarly processed in whole or in part, by a person with the present intent to identify himself and adopt or accept a record. The term includes, without limitation, an electronic signature as defined in NRS 719.100.

      Sec. 35.  NRS 89.025 is hereby amended to read as follows:

      89.025  Except as otherwise provided in NRS 89.200 to 89.270, inclusive, the fees set forth in NRS 78.755 to 78.785 , inclusive, apply to [this chapter.] professional corporations and the fees set forth in NRS 86.561 apply to professional limited-liability companies.

      Sec. 36.  NRS 89.030 is hereby amended to read as follows:

      89.030  The laws applicable to other Nevada [private] corporations organized under chapter 78 of NRS and limited-liability companies organized under chapter 86 of NRS and all rights, privileges and duties thereunder shall apply to professional corporations [,] and professional limited-liability companies, respectively, except where such laws are in conflict with or inconsistent with the provisions of this chapter. In case of conflict, the provisions of this chapter shall apply.

      Sec. 37.  NRS 89.040 is hereby amended to read as follows:

      89.040  1.  One or more persons may organize a professional [corporation] entity in the manner provided for organizing a [private] corporation pursuant to chapter 78 of NRS [.] or a limited-liability company pursuant to chapter 86 of NRS. Each person organizing the [corporation] professional entity must, except as otherwise provided in subsection 2 of NRS 89.050, be authorized to perform the professional service for which the [corporation] professional entity is organized.

 


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professional entity must, except as otherwise provided in subsection 2 of NRS 89.050, be authorized to perform the professional service for which the [corporation] professional entity is organized. The articles [of incorporation] must contain the following additional information:

      (a) The profession to be practiced by means of the professional [corporation.] entity.

      (b) The names and addresses, either residence or business, of the original stockholders and directors of the professional corporation [.] or the original members and managers of the professional limited-liability company.

      (c) Except as otherwise provided in paragraph (d) of this subsection, a certificate from the regulating board of the profession to be practiced showing that each of the directors, [and each of the] stockholders , managers or members who is a natural person, is licensed to practice the profession.

      (d) For a professional [corporation] entity organized pursuant to this chapter and practicing pursuant to the provisions of NRS 623.349, a certificate from the regulating board or boards of the profession or professions to be practiced showing that control and two-thirds ownership of the [corporation] professional entity is held by persons registered or licensed pursuant to the applicable provisions of chapter 623, 623A or 625 of NRS. As used in this paragraph, “control” has the meaning ascribed to it in NRS 623.349.

      2.  The corporate name of a professional corporation must contain the words “Professional Corporation” or the abbreviation “Prof. Corp.,” “P.C.” or “PC,” or the word “Chartered” or the abbreviation “Chtd.,” or “Limited” or the abbreviation “Ltd.” The corporate name must contain the last name of one or more of its current or former stockholders. [The corporation]

      3.  The name of a professional limited-liability company must contain the words “Professional Limited-Liability Company” or the abbreviations “Prof. L.L.C.,” “Prof. LLC,” “P.L.L.C.,” “PLLC,” or the word “Chartered” or the abbreviation “Chtd.,” or “Limited” or the abbreviation “Ltd.” The name of a professional limited-liability company must contain the last name of one or more of its current or former members.

      4.  The professional entity may render professional services and exercise its authorized powers under a fictitious name if the [corporation] professional entity has first registered the name in the manner required by chapter 602 of NRS.

      Sec. 38.  NRS 89.050 is hereby amended to read as follows:

      89.050  1.  Except as otherwise provided in subsection 2, a professional [corporation] entity may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional [corporation] entity may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.

      2.  A professional [corporation] entity may be organized to render a professional service relating to:

      (a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:

             (1) Engaged in the practice of architecture as provided in chapter 623 of NRS;

 


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ê2007 Statutes of Nevada, Page 2435 (Chapter 456, SB 483)ê

 

             (2) Practicing as a registered interior designer as provided in chapter 623 of NRS;

            (3) Engaged in the practice of residential design as provided in chapter 623 of NRS;

             (4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and

             (5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.

      (b) Medicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional [corporation] entity may market and manage additional professional [corporations] entities which are organized to render a professional service relating to medicine, homeopathy and osteopathy.

      (c) Mental health services, and may be composed of the following persons, in any number and in any combination:

             (1) Any psychologist who is licensed to practice in this State;

             (2) Any social worker who holds a master’s degree in social work and who is licensed by this State as a clinical social worker;

             (3) Any registered nurse who is licensed to practice professional nursing in this State and who holds a master’s degree in the field of psychiatric nursing; and

             (4) Any marriage and family therapist who is licensed by this State pursuant to chapter 641A of NRS.

Ê Such a professional [corporation] entity may market and manage additional professional [corporations] entities which are organized to render a professional service relating to mental health services pursuant to this paragraph.

      3.  A professional [corporation] entity may render a professional service only through its officers , managers and employees who are licensed or otherwise authorized by law to render the professional service.

      Sec. 39.  NRS 89.060 is hereby amended to read as follows:

      89.060  The provisions of this chapter relating to professional [corporations] entities do not modify any law applicable to the relationship between a person furnishing professional service and a person receiving such service, including liability arising out of such professional service, but nothing contained in this section renders:

      1.  A person personally liable in tort for any act in which he has not personally participated.

      2.  A director, officer or employee of a professional [corporation] entity liable in contract for any contract which he signs on behalf of a professional [corporation] entity within the limits of his actual authority.

      Sec. 40.  NRS 89.070 is hereby amended to read as follows:

      89.070  1.  Except as otherwise provided in this section and NRS 623.349:

      (a) No [corporation organized under the provisions of this chapter] professional entity may issue any of its [stock] owner’s interest to anyone other than a natural person who is licensed to render the same specific professional services as those for which the [corporation] professional entity was [incorporated.] formed.

 


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ê2007 Statutes of Nevada, Page 2436 (Chapter 456, SB 483)ê

 

      (b) No [stockholder of a corporation organized under this chapter] owner may enter into a voting trust agreement or any other type of agreement vesting another person with the authority to exercise the voting power of any or all of his [stock,] owner’s interest, unless the other person is licensed to render the same specific professional services as those for which the [corporation] professional entity was [incorporated.] formed.

      (c) No [shares of a corporation organized under this chapter] owner’s interest may be sold or transferred except to a natural person who is eligible to be [a stockholder of the corporation] an owner or to the personal representative or estate of a deceased or legally incompetent stockholder. The personal representative or estate of the [stockholder] owner may continue to own [shares] the owner’s interest for a reasonable period, but may not participate in any decisions concerning the rendering of professional services.

Ê The articles , [of incorporation or] bylaws or operating agreement of the professional entity may provide specifically for additional restrictions on the transfer of [shares] an owner’s interest and may provide for the redemption or purchase of the [shares] owner’s interest by the [corporation,] professional entity, its [stockholders] owners or an eligible individual account plan complying with the requirements of subsection 2 at prices and in a manner specifically set forth. [A stockholder] An owner may transfer his [shares] owner’s interest in the [corporation] professional entity or any other interest in the assets of the [corporation] professional entity to a revocable trust if he acts as trustee of the revocable trust and any person who acts as cotrustee and is not licensed to perform the services for which the [corporation] professional entity was [incorporated] formed does not participate in any decisions concerning the rendering of those services.

      2.  Except as otherwise provided in NRS 623.349, a person not licensed to render the professional services for which the [corporation] professional entity was [incorporated] formed may own a beneficial interest in any of the assets, including [corporate shares,] an owner’s interest, held for his account by an eligible individual account plan sponsored by the professional [corporation] entity for the benefit of its employees, which is intended to qualify under section 401 of the Internal Revenue Code, 26 U.S.C. § 401, if the terms of the trust are such that the total number of shares which may be distributed for the benefit of persons not licensed to render the professional services for which the [corporation] professional entity was [incorporated] formed is less than a controlling interest and:

      (a) The trustee of the trust is licensed to render the same specific professional services as those for which the [corporation] professional entity was [incorporated;] formed; or

      (b) The trustee is not permitted to participate in any [corporate] decisions concerning the rendering of professional services in his capacity as trustee.

Ê A trustee who is individually [a stockholder of the corporation] an owner may participate in his individual capacity as [a stockholder,] an owner, manager, director or officer in any [corporate] decision.

      3.  Except as otherwise provided in subsection 4, a professional [corporation] entity in which all the [stockholders] owners who are natural persons are licensed to render the same specific professional service may acquire and hold [stock] an owner’s interest in another professional [corporation,] entity or in a similar [corporation] entity organized pursuant to the corresponding law of another state, only if all the [stockholders] owners who are natural persons of the [corporation] professional entity whose stock is acquired are licensed in that [corporation’s] professional entity’s state of [incorporation] formation to render the same specific professional service as the [stockholders] owners who are natural persons of the professional [corporation] entity that acquires the [stock.]

 


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ê2007 Statutes of Nevada, Page 2437 (Chapter 456, SB 483)ê

 

who are natural persons of the [corporation] professional entity whose stock is acquired are licensed in that [corporation’s] professional entity’s state of [incorporation] formation to render the same specific professional service as the [stockholders] owners who are natural persons of the professional [corporation] entity that acquires the [stock.] owner’s interest.

      4.  A professional [corporation] entity practicing pursuant to NRS 623.349 in which all the [stockholders] owners are natural persons, regardless of whether or not the natural persons are licensed to render the same specific professional service, may acquire and hold [stock] an owner’s interest in another professional [corporation] entity or in a similar [corporation] entity organized pursuant to the corresponding law of another state if control and two-thirds ownership of the business organization or association that is acquired is held by persons registered or licensed pursuant to the applicable provisions of chapter 623, 623A or 625 of NRS. As used in this subsection, “control” has the meaning ascribed to it in NRS 623.349.

      5.  Any act in violation of this section is void and does not pass any rights or privileges or vest any powers, except to an innocent person who is not [a stockholder] an owner and who has relied on the effectiveness of the action.

      Sec. 41.  NRS 89.080 is hereby amended to read as follows:

      89.080  1.  If any officer, stockholder, director , member, manager or employee of [a corporation] a professional entity organized under this chapter who has been rendering professional service to the public becomes legally disqualified to render such professional services within this State, he shall sever within a reasonable period all professional service with and financial interest in the [corporation,] professional entity, but this chapter does not prevent a [corporation] professional entity formed under this chapter from entering into a contract with an employee which provides for severance pay or for compensation for past services upon termination of professional service, whether by death or otherwise.

      2.  Except as otherwise provided in NRS 623.349, a natural person may not be an officer , [or] director or manager of a [corporation organized] professional entity formed under this chapter unless he is licensed to render the same specific professional services as those for which the [corporation] professional entity was [incorporated.] formed.

      3.  Upon the death of [a stockholder] an owner of a [corporation] professional entity who has transferred his interest in the [corporation] professional entity to a revocable trust as permitted by NRS 89.070, the trustee of the revocable trust may continue to retain any interest so transferred [, including corporate shares,] for a reasonable period, but may not exercise any authority concerning the rendering of professional services and may not, except as otherwise provided in NRS 623.349, distribute the [corporate] owner’s interest to any person not licensed to render the services for which the [corporation] professional entity was [incorporated.] formed.

      4.  A [corporation’s] professional entity’s failure to require compliance with the provisions of this section is a ground for the forfeiture of its charter.

      Sec. 42.  NRS 89.100 is hereby amended to read as follows:

      89.100  The provisions of this chapter relating to professional [corporations] entities do not bar the regulating board of any profession from taking any action otherwise within its power, nor do they affect the rules of ethics or practice of any profession.

 


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ê2007 Statutes of Nevada, Page 2438 (Chapter 456, SB 483)ê

 

      Sec. 43.  NRS 89.110 is hereby amended to read as follows:

      89.110  No professional [corporation] entity may do any act which is prohibited to be done by natural persons licensed to practice the profession which the professional [corporation] entity is organized to practice.

      Sec. 44.  NRS 89.256 is hereby amended to read as follows:

      89.256  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any professional association which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this State and exercise its privileges and immunities if it:

      (a) Files with the Secretary of State:

             (1) The list and certification required by NRS 89.250; and

             (2) A certificate of acceptance of appointment signed by its resident agent; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 89.250 and 89.252 for each year or portion thereof during which the articles of association have been revoked; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the professional association, he shall issue to the professional association a certificate of reinstatement if the professional association:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 8 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the articles of association occurred only by reason of the failure to pay the fees and penalties.

      4.  If the articles of association of a professional association have been revoked pursuant to the provisions of this chapter and have remained revoked for 10 consecutive years, the articles must not be reinstated.

      5.  A reinstatement pursuant to this section relates back to the date on which the professional association forfeited its right to transact business under the provisions of this chapter and reinstates the professional association’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 45.  NRS 92A.380 is hereby amended to read as follows:

      92A.380  1.  Except as otherwise provided in NRS 92A.370 and 92A.390, any stockholder is entitled to dissent from, and obtain payment of the fair value of his shares in the event of any of the following corporate actions:

      (a) Consummation of a conversion or plan of merger to which the domestic corporation is a constituent entity:

             (1) If approval by the stockholders is required for the conversion or merger by NRS 92A.120 to 92A.160, inclusive, or the articles of incorporation, regardless of whether the stockholder is entitled to vote on the conversion or plan of merger; or

             (2) If the domestic corporation is a subsidiary and is merged with its parent pursuant to NRS 92A.180.

 


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ê2007 Statutes of Nevada, Page 2439 (Chapter 456, SB 483)ê

 

      (b) Consummation of a plan of exchange to which the domestic corporation is a constituent entity as the corporation whose subject owner’s interests will be acquired, if his shares are to be acquired in the plan of exchange.

      (c) Any corporate action taken pursuant to a vote of the stockholders to the extent that the articles of incorporation, bylaws or a resolution of the board of directors provides that voting or nonvoting stockholders are entitled to dissent and obtain payment for their shares.

      (d) Any corporate action not described in paragraph (a), (b) or (c) that will result in the stockholder receiving money or scrip instead of fractional shares [.] except where the stockholder would not be entitled to receive such payment pursuant to NRS 78.205, 78.2055 or 78.207.

      2.  A stockholder who is entitled to dissent and obtain payment pursuant to NRS 92A.300 to 92A.500, inclusive, may not challenge the corporate action creating his entitlement unless the action is unlawful or fraudulent with respect to him or the domestic corporation.

      3.  From and after the effective date of any corporate action described in subsection 1, no stockholder who has exercised his right to dissent pursuant to NRS 92A.300 to 92A.500, inclusive, is entitled to vote his shares for any purpose or to receive payment of dividends or any other distributions on shares. This subsection does not apply to dividends or other distributions payable to stockholders on a date before the effective date of any corporate action from which the stockholder has dissented.

      Sec. 46.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      A court has determined that you owe money to .................... (name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments for your individual support received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

 


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ê2007 Statutes of Nevada, Page 2440 (Chapter 456, SB 483)ê

 

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed $350,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  A vehicle, if your equity in the vehicle is less than $15,000.

      11.  Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      12.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

 


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former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

Ê These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 


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ê2007 Statutes of Nevada, Page 2442 (Chapter 456, SB 483)ê

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

      Sec. 47.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:

      (a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.

      (b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of himself and his family not to exceed $10,000 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:

             (1) “Disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.

             (2) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

 


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ê2007 Statutes of Nevada, Page 2443 (Chapter 456, SB 483)ê

 

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $15,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $350,000 in value and the dwelling is situated upon lands not owned by him.

      (n) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $500,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

             (5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

 


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ê2007 Statutes of Nevada, Page 2444 (Chapter 456, SB 483)ê

 

      (r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      (t) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      (u) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (v) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (w) Payments received as restitution for a criminal act.

      (x) Payments for individual support received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

      Sec. 48.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

Ê If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 


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ê2007 Statutes of Nevada, Page 2445 (Chapter 456, SB 483)ê

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments for your individual support received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed $350,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  A vehicle, if your equity in the vehicle is less than $15,000.

      11.  Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      12.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

 


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ê2007 Statutes of Nevada, Page 2446 (Chapter 456, SB 483)ê

 

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

Ê These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption.

 


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ê2007 Statutes of Nevada, Page 2447 (Chapter 456, SB 483)ê

 

file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

      IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

      Sec. 49.  NRS 104.9501 is hereby amended to read as follows:

      104.9501  1.  Except as otherwise provided in subsection 2, if the law of this State governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:

      (a) The office designated for the filing or recording of a mortgage on the real property, if:

             (1) The collateral is as-extracted collateral or timber to be cut; or

             (2) The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or

      (b) The office of the Secretary of State in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.

      2.  The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Secretary of State . [or the county recorder of the appropriate county, as determined pursuant to chapter 105 of NRS.] The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.

      Sec. 50.  NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 107.085, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

 


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ê2007 Statutes of Nevada, Page 2448 (Chapter 456, SB 483)ê

 

power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) In the case of any trust agreement coming into force:

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

             (2) On or after July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment;

      (b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of his election to sell or cause to be sold the property to satisfy the obligation; and

      (c) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor, and to the person who holds the title of record on the date the notice of default and election to sell is recorded, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor and any other person entitled to notice pursuant to this section by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold; and

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated.

 


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ê2007 Statutes of Nevada, Page 2449 (Chapter 456, SB 483)ê

 

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and his successors in interest without equity or right of redemption. A [person who purchases property pursuant to this section is not a bona fide purchaser, and the] sale made pursuant to this section may be declared void by any court of competent jurisdiction in the county where the sale took place if [the] :

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section [.] ;

      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.

      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.

      7.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      Sec. 51.  (Deleted by amendment.)

      Sec. 52.  NRS 87.003 is hereby repealed.

________

 


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ê2007 Statutes of Nevada, Page 2450ê

 

CHAPTER 457, SB 328

Senate Bill No. 328–Senator Beers

 

CHAPTER 457

 

AN ACT relating to educational personnel; revising provisions governing the monthly salaries of the members of the boards of trustees of school districts; requiring the board of trustees of each school district to adopt a program to engage certain administrators in annual classroom instruction, observation and other activities; making various changes regarding the evaluation and admonition of educational personnel; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law prescribes varying salaries for the officers and other members of the boards of trustees of school districts based on the number of pupils enrolled in the school district during the immediately preceding school year. (NRS 386.320) Section 2 of this bill revises provisions governing the salaries of the members of the boards of trustees of school districts based on the population of the county in which the school district is located. Section 2 also authorizes a member of the board of trustees to donate all or a part of his salary to a school within the school district or to the school district.

      The board of trustees of a school district is authorized to employ a superintendent of schools, teachers and all other necessary employees. (NRS 391.100, 391.110, 391.120) Section 4 of this bill requires the board of trustees of each school district to adopt a program to engage administrators employed at the district level in annual classroom instruction, observation and other activities in a manner that is appropriate for the responsibilities, position and duties of the administrators.

      Existing law requires each probationary teacher to be evaluated at least three times during each school year and a postprobationary teacher to be evaluated at least once each school year. (NRS 391.3125) Section 8 of this bill requires an administrator who is responsible for evaluating a teacher to personally observe that teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period. If a deficiency is discovered during the evaluation process, every effort must be made to assist the teacher to correct the deficiency. Existing law prescribes the circumstances under which an administrator may admonish an employee. (NRS 391.313) Section 9 of this bill requires that, if an administrator admonishes a teacher, an admonition must include a description of the deficiencies of the teacher and the actions that are necessary to correct those deficiencies.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.290 is hereby amended to read as follows:

      386.290  1.  In addition to salaries [allowed under] required by NRS 386.320 , a trustee [shall] must be allowed:

      (a) His traveling expenses for traveling each way between his home and the place where board meetings are held at the rate authorized by law for state officers.

      (b) His living expenses necessarily incurred while in actual attendance at board meetings at the rate authorized by law for state officers.

      2.  Claims for mileage and per diem allowances [shall] must be allowed and paid in the same manner as other claims against the school district fund are paid, but no claim for mileage and per diem allowances for living expenses [shall] must be allowed or paid to a trustee residing not more than 5 miles from the place where board meetings are held.

 


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ê2007 Statutes of Nevada, Page 2451 (Chapter 457, SB 328)ê

 

expenses [shall] must be allowed or paid to a trustee residing not more than 5 miles from the place where board meetings are held.

      Sec. 2.  NRS 386.320 is hereby amended to read as follows:

      386.320  1.  [If the total pupil enrollment in the school district for the immediately preceding school year is less than 1,000:

      (a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed $170 a month.

      (b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed $160 a month.

      (c)] Each member of the board of trustees of a school district in a county whose population is less than 20,000 must receive a salary of $250 per month.

      2.  Each member of the board of trustees of a school district in a county whose population is 20,000 or more but less than 100,000 must receive a salary of $400 per month.

      3.  Each member of the board of trustees of a school in a county whose population is 100,000 or more must receive a salary of $750 per month.

      4.  A member of the board of trustees of a school district who receives a salary pursuant to this section may:

      (a) Donate all or a part of the monthly salary that he receives to a school within the school district or to the school district; or

      (b) In lieu of making a donation after he receives the salary, request that all or a part of his monthly salary be paid directly to a school within the school district or to the school district.

      5.  The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.

      [2.  If the total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:

      (a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed $510 a month.

      (b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed $480 a month.

      (c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.]

      Sec. 3.  NRS 387.310 is hereby amended to read as follows:

      387.310  1.  Except as otherwise provided by the board of trustees, the clerk of the board shall draw all orders for the payment of money belonging to the school district. The orders must be listed on cumulative voucher sheets.

      2.  The board of trustees shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed. The procedures must provide:

      (a) That the approval of the board of trustees is required before orders are paid unless a payment must be expedited for the school district to:

             (1) Receive a discount or other savings which is related to the timeliness of payment;

 


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ê2007 Statutes of Nevada, Page 2452 (Chapter 457, SB 328)ê

 

             (2) Avoid a service charge or other cost which is related to the timeliness of payment; or

             (3) Abide by a purchase order, contract or other order for payment which has been approved by the board of trustees at a public meeting.

      (b) For ratification by the board of trustees at its next regularly scheduled meeting of any payment that is made without the approval of the board pursuant to an exception set forth in paragraph (a).

      3.  When the orders have been approved and the cumulative voucher sheets have been signed in accordance with such procedures, the orders are valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of money belonging to the school district.

      4.  No order in favor of the board of trustees or any member thereof, except for salaries as [authorized] required by NRS 386.320 [, authorized] or travel expenses and subsistence [of trustees or for services of any trustee as clerk of the board,] as authorized by NRS 386.290, may be drawn.

      5.  No order for salary for any teacher may be drawn unless the teacher is included in the directory of teachers supplied to the clerk of the board of trustees pursuant to the provisions of NRS 391.045.

      6.  An order drawn by a clerk of a board of trustees pursuant to subsection 1 is void if not presented for payment within 1 year after the date of issuance.

      7.  Any order remaining unpaid after the expiration of 1 year, whether outstanding or uncalled for in the office of the county auditor, must be cancelled by the county auditor, who shall immediately notify the county treasurer of the cancellation. The county treasurer shall not pay a warrant presented for payment more than 1 year after the date of issuance of such an order. This subsection does not apply if the board of trustees establishes and administers a separate account pursuant to NRS 354.603.

      Sec. 4.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of each school district shall adopt a policy that sets forth procedures and conditions for a program to engage administrators employed by the school district at the district level in annual classroom instruction, observation and other activities in a manner that is appropriate for the responsibilities, position and duties of the administrators. The policy must require each administrator employed by the school district at the district level to:

      (a) If he holds a license to teach, provide instruction in a core academic subject in a classroom for at least 1 regularly scheduled full instructional day in each school year; or

      (b) If he does not hold a license to teach:

            (1) Personally observe a classroom for at least one-half of a regularly scheduled full instructional day in each school year; or

             (2) Otherwise participate in activities with pupils in the classroom in each school year, including, without limitation, serving as a guest speaker in the classroom, reading to pupils in elementary school and participating in career day.

      2.  A district level administrator may choose a school within the school district at which he will carry out the requirements of this section.

      3.  An administrator who provides instruction pursuant to paragraph (a) of subsection 1 must be assigned as a substitute teacher for the full instructional day in which he carries out the requirements of this section.

 


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ê2007 Statutes of Nevada, Page 2453 (Chapter 457, SB 328)ê

 

      4.  The provisions of this section do not apply to administrators who are employed by a school district to provide administrative service at the school level, including, without limitation, a principal or vice principal.

      5.  As used in this section, “core academic subject” means the core academic subjects designated pursuant to NRS 389.018.

      Secs. 5-7.  (Deleted by amendment.)

      Sec. 8.  NRS 391.3125 is hereby amended to read as follows:

      391.3125  1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.

      2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must set forth a means according to which an employee’s overall performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In a similar manner, counselors, librarians and other licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

      3.  A conference and a written evaluation for a probationary employee must be concluded [no] not later than:

      (a) December 1;

      (b) February 1; and

      (c) April 1,

Ê of each school year of the probationary period, except that a probationary employee assigned to a school that operates all year must be evaluated at least three times during each 12 months of employment on a schedule determined by the board. An administrator charged with the evaluation of a probationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 45 consecutive minutes.

      4.  Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the second year of the probationary period or the school year following the probationary period, he shall bring the matter to the employee’s attention in a written document which is separate from the evaluation [no] not later than [February 15] March 1 of the current school year. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.

      5.  Each postprobationary teacher must be evaluated at least once each year. An administrator charged with the evaluation of a postprobationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 30 consecutive minutes.

 


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ê2007 Statutes of Nevada, Page 2454 (Chapter 457, SB 328)ê

 

      6.  The evaluation of a probationary teacher or a postprobationary teacher must [, if] include, without limitation:

      (a) An evaluation of the classroom management skills of the teacher;

      (b) A review of the lesson plans and the work log or grade book of pupils prepared by the teacher;

      (c) An evaluation of whether the curriculum taught by the teacher is aligned with the standards of content and performance established pursuant to NRS 389.520, as applicable for the grade level taught by the teacher;

      (d) An evaluation of whether the teacher is appropriately addressing the needs of the pupils in the classroom, including, without limitation, special educational needs, cultural and ethnic diversity, the needs of pupils enrolled in advanced courses of study and the needs of pupils who are limited English proficient;

      (e) If necessary, [include] recommendations for improvements in [his] the performance [. A reasonable effort must be made to assist the teacher to correct any deficiencies noted in the evaluation.] of the teacher;

      (f) A description of the action that will be taken to assist the teacher in correcting any deficiencies reported in the evaluation; and

      (g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

      7.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to correct those deficiencies reported in the evaluation of the teacher for which the teacher requests assistance.

      Sec. 9.  NRS 391.313 is hereby amended to read as follows:

      391.313  1.  Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that he believes may lead to demotion [,] or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.312, he shall:

      (a) Except as otherwise provided in subsection [2,] 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to his demotion, dismissal or a refusal to reemploy him, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for his potential demotion, dismissal or a potential recommendation not to reemploy him; and

      (b) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

Ê The admonition must include a description of the deficiencies of the teacher and the action that is necessary to correct those deficiencies.

      2.  An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for him by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.

      [2.] 3.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his employment will be terminated pursuant to NRS 391.3197.

 


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ê2007 Statutes of Nevada, Page 2455 (Chapter 457, SB 328)ê

 

to NRS 391.3197. If by [February 15] March 1 of the first or second year of his probationary period a probationary employee does not receive a written notice pursuant to subsection 4 of NRS 391.3125 of a potential decision not to reemploy him, he must receive an admonition before any such decision is made.

      [3.] 4.  A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of NRS 391.312.

      Sec. 10.  NRS 391.3197 is hereby amended to read as follows:

      391.3197  1.  A probationary employee is employed on a contract basis for two 1-year periods and has no right to employment after either of the two probationary contract years.

      2.  The board shall notify each probationary employee in writing on or before May 1 of the first and second school years of his probationary period, as appropriate, whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. The employee must advise the board in writing on or before May 10 of the first or second year of his probationary period, as appropriate, of his acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify him in writing, in both the first and second years of his probationary period, no later than 45 days before his last day of work for the year under his contract whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. He must advise the board in writing within 10 days after the date of notification of his acceptance or rejection of reemployment for another year. Failure to advise the board of his acceptance of reemployment constitutes rejection of the contract.

      3.  A probationary employee who completes his 2-year probationary period and receives a notice of reemployment from the school district in the second year of his probationary period is entitled to be a postprobationary employee in the ensuing year of employment.

      4.  [A] If a probationary employee [who receives an unsatisfactory evaluation] receives notice pursuant to subsection 4 of NRS 391.3125 not later than March 1 of a potential decision not to reemploy him, the employee may request a supplemental evaluation by another administrator in the school district selected by him and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in [the] this State. If a probationary employee has received during the first school year of his probationary period three evaluations which state that the employee’s overall performance has been satisfactory, the superintendent of schools of the school district or his designee shall waive the second year of the employee’s probationary period by expressly providing in writing on the final evaluation of the employee for the first probationary year that the second year of his probationary period is waived. Such an employee is entitled to be a postprobationary employee in the ensuing year of employment.

      5.  If a probationary employee is notified that he will not be reemployed for the second year of his probationary period or the ensuing school year, his employment ends on the last day of the current school year.

 


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ê2007 Statutes of Nevada, Page 2456 (Chapter 457, SB 328)ê

 

employment ends on the last day of the current school year. The notice that he will not be reemployed must include a statement of the reasons for that decision.

      6.  A new employee or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a 2-year probationary period as an administrator in accordance with the provisions of this section. If the administrator does not receive an unsatisfactory evaluation during the first year of probation, the superintendent or his designee shall waive the second year of the administrator’s probationary period. Such an administrator is entitled to be a postprobationary employee in the ensuing year of employment. If:

      (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after either year of his probationary period; and

      (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

      7.  An administrator who has completed his probationary period pursuant to subsection 6 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the additional probationary period, the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

      8.  Before dismissal, the probationary employee is entitled to a hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.

      Sec. 11.  On or before February 1, 2008, the board of trustees of each school district shall submit a copy of the program to engage administrators in annual classroom instruction, observation and other activities adopted by the school district pursuant to section 4 of this act to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

      Sec. 12.  Notwithstanding the provisions of NRS 386.320, as amended by section 2 of this act, to the contrary, the salaries of the members of the board of trustees of a school district are not required to be increased pursuant to that section until January 1, 2009. The board of trustees of a school district may, by affirmative vote, provide for the increase of salaries pursuant to NRS 386.320, as amended by section 2 of this act, before January 1, 2009.

      Sec. 13.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 14.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 2457ê

 

CHAPTER 458, SB 403

Senate Bill No. 403–Senator Washington

 

CHAPTER 458

 

AN ACT relating to insurance; providing requirements relating to coverage for group health insurance to certain associations; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides requirements concerning group health insurance. (Chapter 689B of NRS) This bill provides requirements for the provision of coverage for group health insurance to members, employees of members and employees of a guaranteed association.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer may offer a policy of group health insurance to a guaranteed association if the policy provides coverage for 200 or more members, employees of members or employees of the guaranteed association or their dependents.

      2.  When an insurer offers coverage to a guaranteed association pursuant to subsection 1, the insurer shall offer coverage to all members, employees of members and employees of the guaranteed association and all dependents thereof without regard to the actual or expected health status of any such member or employee or dependent thereof. The provisions of this subsection apply only for the purpose of requiring coverage to be offered to all such members, employees and dependents.

      3.  An insurer offering coverage to a guaranteed association pursuant to subsection 1 shall establish rates for premiums as follows:

      (a) For the initial 12-month period of coverage, the insurer shall submit to the Commissioner the opinion of a qualified actuary that the rates charged by the guaranteed association for premiums are actuarially sound. The opinion must certify the accuracy of the rating methodology as established by the American Academy of Actuaries or a successor organization approved by the Commissioner. The Commissioner by regulation may further define or enlarge the scope of this opinion.

      (b) For any subsequent 12-month period of coverage, according to a rating methodology as established by the American Academy of Actuaries or a successor organization approved by the Commissioner.

      4.  Except as otherwise provided in subsection 5, a member, employee of a member or employee of a guaranteed association may apply for coverage offered pursuant to subsection 1 only:

      (a) If, as applicable, the person has been an active member of the association or employed by a member or the guaranteed association for not less than 30 days;

      (b) During an annual open enrollment period offered by the guaranteed association; and

 


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ê2007 Statutes of Nevada, Page 2458 (Chapter 458, SB 403)ê

 

      (c) After meeting any additional eligibility requirements agreed upon by the guaranteed association and the insurer.

      5.  If a member, employee of a member or employee of a guaranteed association or a dependent thereof terminates coverage offered pursuant to subsection 1, the member, employee or dependent must be excluded from such coverage until the beginning of the next annual enrollment period. During the next annual enrollment period or any annual enrollment period thereafter, such a member or employee may enroll for coverage of the member or employee or dependent thereof pursuant to subsection 4.

      6.  The provisions of this section do not apply to or affect the status of a person, including, without limitation, whether the person is an employee, self-employed or an independent contractor, for the purposes of industrial insurance or any other law relating to labor or employment.

      7.  As used in this section:

      (a) “Guaranteed association” means an association which:

             (1) Has a constitution and bylaws;

             (2) Is determined by the Commissioner to be a bona fide association which was organized and is maintained in good faith for purposes other than that of obtaining insurance; and

             (3) Has been in existence for at least 5 years.

      (b) “Qualified actuary” means a member in good standing of the American Academy of Actuaries, or a successor organization approved by the Commissioner.

      Sec. 2.  The provisions of subparagraph 3 of paragraph (a) of subsection 7 of section 1 of this act do not apply to an association which was in existence on January 1, 2007.

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ê2007 Statutes of Nevada, Page 2459ê

 

CHAPTER 459, SB 374

Senate Bill No. 374–Senator Hardy

 

CHAPTER 459

 

AN ACT relating to tax increment areas; authorizing the creation of tax increment areas by cooperative agreement between a city and the Board of Regents of the University of Nevada in certain circumstances; changing the manner in which certain revenue limitations apply to securities issued for certain tax increment areas; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the creation of tax increment areas by the governing body of a county or city. (NRS 278C.150) The governing body may dedicate the revenues from the property tax imposed in a tax increment area to the financing, acquisition, improvement or equipment of certain specific undertakings, including a drainage and flood control project, overpass project, sewerage project, street project, underpass project or water project. (NRS 278C.140) Section 1 of this bill authorizes the creation of a tax increment area by cooperative agreement between a city and the Board of Regents of the University of Nevada in certain circumstances. Section 2 of this bill provides that for the purposes of a tax increment area created by such a cooperative agreement, in addition to other undertakings, an undertaking may include certain projects for infrastructure and capital projects for the principal campus of the Nevada State College.

      Under existing law, the total revenue paid to a tax increment area is limited to 10 percent if the population of the applicable municipality is 100,000 or more and is limited to 15 percent if the population of the applicable municipality is less than 100,000. (NRS 278C.250) Section 3 of this bill provides that if a municipality issues securities for a tax increment area when the population of the municipality is less than 100,000, the municipality will receive the benefit of the higher 15-percent revenue limitation until such securities are paid in full, regardless of whether the population of the municipality reaches or exceeds 100,000 after such securities are issued.

      Existing law provides that when real estate or a portion of real estate which is exempt from taxation is leased, loaned or otherwise made available to and used by a person or entity in connection with a business conducted for profit, or as a residence, that real estate is subject to a certain amount of taxation, except in certain circumstances, including when it involves property of any state-supported educational institution. (NRS 361.157) Section 4 of this bill excludes from that exception any part of such property located within a tax increment area created pursuant to this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A tax increment area may be created pursuant to this section by a cooperative agreement between a city in which the principal campus of the Nevada State College is located or intended to be located and the Nevada System of Higher Education, if the boundaries of the tax increment area include only land:

      (a) On which the principal campus of the Nevada State College is located or intended to be located; and

      (b) Which:

 


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ê2007 Statutes of Nevada, Page 2460 (Chapter 459, SB 374)ê

 

             (1) Consists of not more than 509 acres;

             (2) Was transferred by the city creating the tax increment area to the Nevada System of Higher Education for the use of the Nevada State College;

             (3) Has never been subject to property taxation; and

             (4) The Nevada System of Higher Education has agreed to continue to own for the term of the tax increment area.

Ê The provisions of NRS 278C.160, subsections 4, 6 and 7 of NRS 278C.170, NRS 278C.220, paragraphs (c) and (d) of subsection 1 of NRS 278C.250 and paragraph (d) of subsection 4 of NRS 278C.250 do not apply to a tax increment area created pursuant to this section, but such a tax increment area is subject to the provisions of subsections 2 to 9, inclusive.

      2.  Whenever the governing body of a city in which the principal campus of the Nevada State College is located or intended to be located and the Board of Regents of the University of Nevada determine that the interests of the city, the Nevada System of Higher Education and the public require an undertaking, the governing body and the Board of Regents may enter into a cooperative agreement pursuant to NRS 277.080 to 277.180, inclusive, which describes by reference to the general types of undertakings authorized pursuant to NRS 278C.140 and the undertakings proposed for the tax increment area, and which contains or refers to an exhibit filed with the clerk of the city and the Secretary of the Board of Regents which contains:

      (a) A statement of the last finalized amount of the assessed valuation of the real property within the boundaries of the tax increment area, which boundaries must be in compliance with subsection 1, and a statement that, based upon the records of the county treasurer, no property taxes were collected on any of that property, or on any interest therein, during the most recent year for which those records are available; and

      (b) A description of the tax increment area or its location, so that the various tracts of taxable real property and any taxable personal property may be identified and determined to be within or without the tax increment area, except that the description need not describe in complete detail each tract of real property proposed to be included within the tax increment area.

      3.  The governing body may, at any time after the effective date of a cooperative agreement entered into pursuant to this section, adopt a resolution that provisionally orders the undertakings and creation of the tax increment area.

      4.  The notice of the meeting required pursuant to subsection 3 of NRS 278C.170 must:

      (a) Describe by reference the general types of undertakings authorized pursuant to NRS 278C.140 and the undertakings proposed for the tax increment area;

      (b) Describe the last finalized amount of the assessed valuation of the real property within the boundaries of the tax increment area, and state that, based upon the records of the county treasurer, no property taxes were collected on any of that property, or on any interest therein, during the most recent year for which those records are available;

      (c) Describe the tax increment area or its location, so that the various tracts of taxable real or personal property may be identified and determined to be within or without the tax increment area; and

 


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ê2007 Statutes of Nevada, Page 2461 (Chapter 459, SB 374)ê

 

      (d) State the date, time and place of the meeting described in subsection 1 of NRS 278C.170.

      5.  If, after considering all properly submitted and relevant written and oral complaints, protests, objections and other relevant comments and after considering any other relevant material, the governing body determines that the undertaking is in the public interest and defines that public interest, the governing body shall determine whether to proceed with the undertaking. If the governing body has ordered any modification to an undertaking and has determined to proceed, the governing body must consult with the Board of Regents to obtain its consent to the proposed modification. When the Board of Regents and the governing body are in agreement on the modification, if any, and a statement of the modification is filed with the clerk, if the governing body wants to proceed with the undertaking, the governing body shall adopt an ordinance in the same manner as any other ordinance:

      (a) Overruling all complaints, protests and objections not otherwise acted upon;

      (b) Ordering the undertaking;

      (c) Describing the tax increment area to which the undertaking pertains; and

      (d) Creating a tax increment account for the undertaking.

      6.  Money deposited in the tax increment account as described in paragraph (b) of subsection 1 of NRS 278C.250 may be used to pay the capital costs of the undertaking directly, in addition to being used to pay the bond requirements of loans, money advanced or indebtedness incurred to finance or refinance an undertaking, and may continue to be used for those purposes until the expiration of the tax increment area pursuant to NRS 278C.300.

      7.  The Board of Regents may pledge to any securities it issues under a delegation pursuant to subsection 8, or irrevocably dedicate to the city that will issue securities hereunder, any revenues of the Nevada System of Higher Education derived from the campus of the Nevada System of Higher Education whose boundaries are included in whole or in part in the tax increment area, other than revenues from state appropriations and from student fees, and subject to any covenants or restrictions in any instruments authorizing other securities. Such an irrevocable dedication must be for the term of the securities issued by the city and any securities refunding those securities and may also extend for the term of the tax increment area.

      8.  The city may delegate to the Board of Regents the authority to issue any security other than a general obligation security which the city is authorized to issue pursuant to this chapter, and in connection therewith, may irrevocably dedicate to the Board of Regents the revenues that are authorized pursuant to this chapter to be pledged or used to repay those securities, including, without limitation, all money in the tax increment account created pursuant to subsection 5. The irrevocable dedication of any security pursuant to this subsection must be for the term of the security issued by the Nevada System of Higher Education and any security refunding those securities and may also extend for the term of the tax increment area.

      9.  If the boundaries of a county school district include a tax increment area created pursuant to this section and the county school district operates a public school on property within the boundaries of that tax increment area, the county school district and the Nevada System of Higher Education shall consult with one another regarding funding for the operating costs of that public school.

 


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ê2007 Statutes of Nevada, Page 2462 (Chapter 459, SB 374)ê

 

district operates a public school on property within the boundaries of that tax increment area, the county school district and the Nevada System of Higher Education shall consult with one another regarding funding for the operating costs of that public school.

      Sec. 2.  NRS 278C.140 is hereby amended to read as follows:

      278C.140  “Undertaking” means any enterprise to acquire, improve or equip, or any combination thereof:

      1.  In the case of counties:

      (a) A drainage and flood control project, as defined in NRS 244A.027;

      (b) An overpass project, as defined in NRS 244A.037;

      (c) A sewerage project, as defined in NRS 244A.0505;

      (d) A street project, as defined in NRS 244A.053;

      (e) An underpass project, as defined in NRS 244A.055; or

      (f) A water project, as defined in NRS 244A.056.

      2.  In the case of cities:

      (a) A drainage project or flood control project, as defined in NRS 268.682;

      (b) An overpass project, as defined in NRS 268.700;

      (c) A sewerage project, as defined in NRS 268.714;

      (d) A street project, as defined in NRS 268.722;

      (e) An underpass project, as defined in NRS 268.726; or

      (f) A water project, as defined in NRS 268.728.

      3.  In the case of a city with respect to any tax increment area created pursuant to a cooperative agreement between the city and the Nevada System of Higher Education pursuant to section 1 of this act, in addition to the projects described in subsection 2:

      (a) A project for any other infrastructure necessary or desirable for the principal campus of the Nevada State College that is approved by the Board of Regents of the University of Nevada; or

      (b) An educational facility or other capital project for the principal campus of the Nevada State College that is owned by the Nevada System of Higher Education and approved by the Board of Regents of the University of Nevada.

      Sec. 3.  NRS 278C.250 is hereby amended to read as follows:

      278C.250  1.  After the effective date of the ordinance adopted pursuant to NRS 278C.220, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the State, the municipality and any public body must be divided as follows:

      (a) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the last equalized assessment roll used in connection with the taxation of the property by the taxing agency, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid.

      (b) Except as otherwise provided in this section, the portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) must be allocated to, and when collected must be paid into, the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking.

 


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ê2007 Statutes of Nevada, Page 2463 (Chapter 459, SB 374)ê

 

refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in this subsection, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      (c) The amount of the taxes levied each year which are paid into the tax increment account pursuant to paragraph (b) must be limited by the governing body to an amount not to exceed the combined total amount required for annual debt service of the project or projects acquired, improved or equipped, or any combination thereof, as part of the undertaking.

      (d) Any revenues generated within the tax increment district in excess of the amount referenced in paragraph (c), if any, will be paid into the funds of the respective taxing agencies in the same proportion as their base amount was distributed.

      2.  [In] Except as otherwise provided in this subsection, in any fiscal year, the total revenue paid to a tax increment area in combination with the total revenue paid to any other tax increment areas and any redevelopment agencies of a municipality must not exceed:

      (a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

Ê Notwithstanding the provisions of this subsection, if a municipality has a population of less than 100,000 at the time the municipality issues securities for a tax increment area pursuant to NRS 278C.280, the revenue limitation set forth in paragraph (b) must remain the revenue limitation for the tax increment area until such time as the securities issued for that tax increment area pursuant to NRS 278C.280 have been paid in full, including any securities issued to refund those securities, regardless of whether the population of the municipality reaches or exceeds 100,000 after the issuance of those securities.

      3.  If the revenue paid to a tax increment area must be limited pursuant to paragraph (a) or (b) of subsection 2 and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue that would be allocated to a tax increment area but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      [3.] 4.  The portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) of subsection 1 which is attributable to any tax rate levied by a taxing agency:

      (a) To produce revenue in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the debt service fund of that taxing agency.

 


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ê2007 Statutes of Nevada, Page 2464 (Chapter 459, SB 374)ê

 

      (b) In excess of any tax rate of that taxing agency applicable to the last taxation of the property before the effective date of the ordinance, if that additional rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.

      (c) Pursuant to NRS 387.3285 or 387.3287, if that rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.

      (d) For the support of the public schools within a county school district pursuant to NRS 387.195, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.

      [4.] 5.  The provisions of paragraph (a) of subsection [3] 4 include, without limitation, a tax rate approved for bonds of a county school district issued pursuant to NRS 350.020, including, without limitation, amounts necessary for a reserve account in the debt service fund.

      [5.] 6.  As used in this section, the term “last equalized assessment roll” means the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.

      Sec. 4.  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, in accordance with NRS 361.2275,

Ê 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 and in accordance with NRS 361.2275.

      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 [;] , except any part of such property located within a tax increment area created pursuant to section 1 of this act;

      (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;

 


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ê2007 Statutes of Nevada, Page 2465 (Chapter 459, SB 374)ê

 

      (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 persons under the auspices of the Bureau of Services to the Blind and Visually Impaired of the Rehabilitation Division of the 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.

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ê2007 Statutes of Nevada, Page 2466ê

 

CHAPTER 460, SB 314

Senate Bill No. 314–Senators Woodhouse, Horsford, Titus, Amodei, Beers, Coffin, Heck, Lee, Schneider and Wiener

 

Joint Sponsors: Assemblymen Parnell, Parks, Gerhardt, McClain, Bobzien, Denis, Manendo, Segerblom, Smith and Womack

 

CHAPTER 460

 

AN ACT relating to residential facilities; requiring that certain facilities and entities provide notice of the limitations on the services provided at the facility and certain other information; requiring the Aging Services Division of the Department of Health and Human Services to develop the required notice; requiring the Department to develop a brochure and website to assist older persons in determining the appropriate level of care and type of facility they require to meet their needs; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the licensing and regulation of certain facilities and services for dependent persons. (Chapter 449 of NRS) Some facilities that serve as residences for independent living are not required to be licensed pursuant to chapter 449 of NRS. In some situations, such a facility may contain some units that are subject to licensure because of the services that they provide and other units that are not subject to licensure because they do not provide those services. Section 3 of this bill requires certain facilities which offer independent living to provide notice of the limitations on the services provided and certain other information. Section 4 of this bill requires the Department of Health and Human Services to develop a brochure and a website to assist older persons seeking residential care or services in determining the appropriate level of care and services available at different facilities.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  1.  A facility for the dependent, a medical facility, a home for individual residential care or an entity affiliated with such a facility or home which offers housing to persons that does not include the provision of care or services which require licensure pursuant to this chapter shall conspicuously post in the facility or home and shall include in any contracts of sale or agreements for occupancy a notice that includes the following information:

      (a) That the specific area of the facility or home is intended for independent living and does not directly provide or coordinate the oversight of services to meet the scheduled and unscheduled needs of its residents, including, without limitation, the provision of personal care, supportive services and health-related services.

      (b) The other levels of care that are available to persons who require personal care, supportive services or health-related services, including, without limitation, residential facilities for groups, facilities for intermediate care and facilities for skilled nursing.

 


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ê2007 Statutes of Nevada, Page 2467 (Chapter 460, SB 314)ê

 

intermediate care and facilities for skilled nursing. The notice must describe the facilities and levels of care in language that is easy to understand.

      (c) A statement that encourages residents to reassess on a regular basis the type of housing and care that is most appropriate for them.

      2.  The Aging Services Division of the Department of Health and Human Services shall develop the language for the notice required by subsection 1 in consultation with nationally recognized advocacy groups for older persons and housing organizations.

      3.  For the purposes of this section, an entity is affiliated with a facility or home described in subsection 1 if:

      (a) It is under common or shared ownership;

      (b) It is under common or shared management; or

      (c) It receives promotional or marketing support from the facility or home.

      Sec. 4.  1.  The Department of Health and Human Services shall develop a brochure and website to assist persons who are 55 years of age or older in determining the appropriate level of care and type of housing that they require to meet their individual needs. The brochure and website must include, without limitation:

      (a) The various types of housing and levels of care that are available to persons who are 55 years of age or older, including, without limitation, residential facilities for groups, facilities for intermediate care and facilities for skilled nursing, distinguishing the varying degree of services that are offered by the different types of facilities;

      (b) Whether individual facilities accept payment through Medicaid or Medicare for the level of care and type of housing that the facilities provide;

      (c) The manner in which a person may obtain information concerning whether the facility has ever been found to have violated the provisions of this chapter; and

      (d) Such other information as the Department deems to be beneficial to persons who are 55 years of age or older in determining the appropriate level of care and type of housing that they require to meet their individual needs.

      2.  As used in this section:

      (a) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (b) “Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 5.  (Deleted by amendment.)

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ê2007 Statutes of Nevada, Page 2468ê

 

CHAPTER 461, SB 307

Senate Bill No. 307–Senator Titus

 

CHAPTER 461

 

AN ACT relating to purchasing; prohibiting the solicitation or provision of certain information before the award of purchasing contracts; imposing certain requirements on public officers and employees relating to inducements offered by bidders on such contracts; prohibiting the solicitation or acceptance of certain employment by certain contracting officials within a certain period after their employment or service is terminated; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, persons who have bid on a contract proposed to be awarded by a local government or by the Purchasing Division of the Department of Administration are prohibited from soliciting or obtaining proprietary information regarding the contract from officers or employees of the governmental entity on whose behalf the contract is being offered. (NRS 332.810, 333.800) Sections 2 and 4 of this bill expand this prohibition to include the soliciting or obtaining of information regarding another person’s bid on the contract, unless such information is available to the general public. Section 5 of this bill prohibits officers and employees of the State or a local government from offering or providing to a bidder on a purchasing contract with the State or local government certain information before the award of the contract. Section 5 also requires those officers and employees to refuse inducements offered by bidders and to report such inducements to their immediate supervisors.

      Under existing law, certain regulated businesses must observe a 1-year “cooling off” period before hiring certain former public officers and employees who were involved in regulating such a business. (NRS 281.236) Section 6 of this bill prohibits a former public officer or employee whose position allowed him to affect or influence the awarding of a state or local governmental purchasing contract in an amount that exceeds $25,000 from soliciting or accepting employment from the person who was awarded the contract for a period of 1 year after the date of the award of the contract. Section 6 allows the Commission on Ethics to provide relief from the strict application of this rule under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 332.810 is hereby amended to read as follows:

      332.810  1.  Before a contract is awarded, a person who has bid on the contract or an officer, employee, representative, agent or consultant of such a person shall not:

      (a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, an evaluator or member of the governing body offering the contract;

      (b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to an evaluator or member of the governing body offering the contract; or

 


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ê2007 Statutes of Nevada, Page 2469 (Chapter 461, SB 307)ê

 

      (c) Solicit or obtain from an officer, employee or member of the governing body offering the contract [, any] :

             (1) Any proprietary information regarding the contract [.] ; or

             (2) Any information regarding a bid on the contract submitted by another person, unless such information is available to the general public.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  NRS 333.800 is hereby amended to read as follows:

      333.800  1.  Before a contract is awarded, a person who has provided a bid or proposal on the contract or an officer, employee, representative, agent or consultant of such a person shall not:

      (a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, the Chief, a purchasing officer or an employee of the using agency for which the contract is being offered;

      (b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to the Chief, a purchasing officer or an employee of the using agency for which the contract is being offered; or

      (c) Solicit or obtain [any proprietary information regarding the contract] from the Chief, a purchasing officer or an employee of the using agency for which the contract is being offered [.] :

             (1) Any proprietary information regarding the contract; or

             (2) Any information regarding a bid or proposal on the contract submitted by another person, unless such information is available to the general public.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.

      Sec. 5.  Chapter 334 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An officer or employee of the State or a local government who receives an offer or promise of future employment, a business opportunity, money, a gratuity or any other thing of value from a person who has provided a bid or proposal on a contract for supplies, materials, equipment or services to be awarded by the State or local government or from an officer, employee, representative, agent or consultant of such a person shall:

      (a) Refuse the offer or promise; and

      (b) Within 72 hours after receiving the offer or promise, report the occurrence to his immediate supervisor or, if he does not have an immediate supervisor, to the administrative head of the agency by which he is employed. The requirement to report such an offer or promise pursuant to this paragraph applies regardless of whether the offer or promise is subsequently withdrawn.

      2.  Before a contract for supplies, materials, equipment or services is awarded by the State or a local government, an officer or employee of the State or local government shall not offer or provide to a person who has bid on the contract:

 


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ê2007 Statutes of Nevada, Page 2470 (Chapter 461, SB 307)ê

 

      (a) Any proprietary information regarding the contract; or

      (b) Any information regarding a bid on the contract submitted by another person, unless such information is available to the general public.

      3.  An officer or employee of the State or a local government who violates the provisions of subsection 1 or 2 is subject to disciplinary action.

      4.  As used in this section:

      (a) “Local government” means any political subdivision of the State, including, without limitation, a county, city, town, school district, general improvement district or other district.

      (b) “State” means the State of Nevada or any board, commission, department or other agency or instrumentality thereof.

      Sec. 6.  NRS 281.236 is hereby amended to read as follows:

      281.236  1.  A public utility or parent organization or subsidiary of a public utility shall not employ a former member of the Public Utilities Commission of Nevada for 1 year after the termination of his service on the Commission.

      2.  A person who holds a license issued pursuant to chapter 463 or 464 of NRS or who is required to register with the Nevada Gaming Commission pursuant to chapter 463 of NRS shall not employ a former member of the State Gaming Control Board or the Nevada Gaming Commission for 1 year after the termination of the member’s service on the Board or Commission.

      3.  In addition to the prohibitions set forth in subsections 1 and 2, a business or industry whose activities are governed by regulations adopted by a department, division or other agency of the Executive Branch of State Government shall not, except as otherwise provided in subsection [4,] 5, employ a former public officer or employee of the agency, except a clerical employee, for 1 year after the termination of his service or period of employment if:

      (a) His principal duties included the formulation of policy contained in the regulations governing the business or industry;

      (b) During the immediately preceding year , he directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected the business or industry which might, but for this section, employ him; or

      (c) As a result of his governmental service or employment, he possesses knowledge of the trade secrets of a direct business competitor.

      4.  A former public officer or employee of the State or a local government, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the State or a local government, as applicable, for 1 year after the termination of the officer’s or employee’s service or period of employment, if:

      (a) The amount of the contract exceeded $25,000;

      (b) The contract was awarded within the 12-month period immediately preceding the termination of the officer’s or employee’s service or period of employment; and

      (c) The position held by the former public officer or employee at the time the contract was awarded allowed him to affect or influence the awarding of the contract.

      5.  A public officer or employee may request that the Commission on Ethics [to] apply the relevant facts in his case to the provisions of subsection 3 or 4, as applicable, and determine whether relief from the strict application of [the] those provisions is proper.

 


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ê2007 Statutes of Nevada, Page 2471 (Chapter 461, SB 307)ê

 

of [the] those provisions is proper. If the Commission on Ethics determines that relief from the strict application of the provisions of subsection 3 or 4, as applicable, is not contrary to:

      (a) The best interests of the public;

      (b) The continued integrity of State Government; and

      (c) The code of ethical standards prescribed in NRS 281.481,

Ê it may issue an opinion to that effect and grant such relief. The opinion of the Commission on Ethics in such a case is subject to judicial review.

      [5.] 6.  As used in this section, “regulation” has the meaning ascribed to it in NRS 233B.038.

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CHAPTER 462, SB 298

Senate Bill No. 298–Senators Hardy and Townsend

 

CHAPTER 462

 

AN ACT relating to civil liability; enacting provisions relating to civil liability for causing the injury or death of certain pets; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under general legal principles, a pet is considered the personal property of its owner. If a person negligently, recklessly, willfully or intentionally injures or kills the pet of another person, the owner of the pet may recover the same damages that the owner could recover for damage to or destruction of the owner’s personal property. Section 1 of this bill replaces this general legal principle with a statutory provision which provides that a person who intentionally, willfully, recklessly or negligently injures or kills the dog or cat of another person is liable for certain economic damages and that the award of such damages must not exceed $5,000. Under section 1, punitive damages and noneconomic damages may not be awarded.

      Section 2 of this bill provides that the owner of the dog or cat must bring an action within 2 years after the cause of action accrues.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, if a natural person intentionally, willfully, recklessly or negligently injures or kills the pet of another natural person, the person is liable for the following:

      (a) The cost of veterinary care incurred by the owner because of the injury or death of the pet.

      (b) If the pet is injured, any reduction in the market value of the pet caused by the injury.

      (c) If the pet is killed, the market value of the pet and reasonable burial expenses.

      (d) Reasonable attorney’s fees and costs incurred by the owner in bringing an action pursuant to this section.

 


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ê2007 Statutes of Nevada, Page 2472 (Chapter 462, SB 298)ê

 

      2.  Punitive damages and noneconomic damages may not be awarded in an action brought under this section.

      3.  In an action brought under this section, the award of damages must not exceed $5,000 for each pet.

      4.  The provisions of this section do not authorize an award of damages pursuant to subsection 1 if:

      (a) A nonprofit organization, society for the prevention of cruelty to animals established pursuant to NRS 574.010 or governmental entity, or an employee or agent thereof, injures or kills a pet while acting in furtherance of public health or animal welfare.

      (b) The action is based on the killing of a dog that had been or was killing or causing damage to livestock.

      (c) The person reasonably believed that:

            (1) The pet presented a risk to his safety or to the safety of another person; and

             (2) The action was necessary to protect himself or another person.

      5.  As used in this section:

      (a) “Livestock” has the meaning ascribed to it in NRS 569.0085.

      (b) “Owner” means a natural person who owns, possesses, harbors, keeps or has control or custody of a pet.

      (c) “Pet” means any domesticated dog or cat normally maintained in or near the household of its owner.

      Sec. 2.  NRS 11.190 is hereby amended to read as follows:

      11.190  Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      (d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

 


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ê2007 Statutes of Nevada, Page 2473 (Chapter 462, SB 298)ê

 

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      (f) An action to recover damages under section 1 of this act.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      Sec. 3.  This act applies to a cause of action that accrues on or after October 1, 2007.

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ê2007 Statutes of Nevada, Page 2474ê

 

CHAPTER 463, SB 289

Senate Bill No. 289–Committee on Human Resources and Education

 

CHAPTER 463

 

AN ACT relating to fire protection; revising provisions that authorize a fire protection district receiving federal aid to annex territory which is contiguous to the district; authorizing a fire protection district receiving federal aid to reorganize as a county fire protection district; authorizing the adjustment of the boundaries of certain contiguous fire protection districts located in a county; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the creation of fire protection districts. (Chapters 473 and 474 of NRS) A fire protection district established pursuant to chapter 473 of NRS may annex territory which is contiguous to the district only upon a petition signed by a majority of the property owners within the territory and approval by the State Forester Firewarden. (NRS 473.035)

      Section 1 of this bill provides an additional procedure for the annexation of new territory in a fire protection district established pursuant to chapter 473 of NRS. Section 1 authorizes the board of county commissioners of the county in which the district is organized to propose the annexation of new territory by the adoption of a resolution and approval by the State Forester Firewarden.

      Section 3 of this bill authorizes a fire protection district organized as provided in chapter 473 of NRS to reorganize as an existing or new fire protection district that is subject to the provisions of: (1) NRS 474.010 to 474.450, inclusive; or (2) NRS 474.460 to 474.540, inclusive. The proposed reorganization may be initiated by a petition of a majority of the owners within the district proposed for reorganization or by a resolution of the board of county commissioners of the county in which the district proposed for reorganization is located. The State Forester Firewarden must approve the reorganization.

      Section 4 of this bill authorizes the adjustment of boundaries as between certain contiguous fire protection districts located in the same county. The proposed adjustment of boundaries must be approved by: (1) a majority of the directly affected owners of property; and (2) resolution of the board of county commissioners of the county in which the districts whose boundaries are proposed to be adjusted are located.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 473.035 is hereby amended to read as follows:

      473.035  1.  New territory may be included in any fire protection district organized under this chapter in the manner provided in subsections 2 to [5, inclusive.

      2.  Upon receiving a written petition containing a] 7, inclusive. Any new territory which is proposed to be included in a fire protection district must be contiguous to the district.

      2.  The inclusion of new territory in a fire protection district organized under this chapter may be initiated by:

      (a) A petition signed by a majority of the owners of the property located within the territory proposed to be included in the district; or

 


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ê2007 Statutes of Nevada, Page 2475 (Chapter 463, SB 289)ê

 

      (b) A resolution of the board of county commissioners of the county in which the district is located that includes a description of the territory proposed to be included in the district.

      3.  The petition must include:

      (a) A description of the territory proposed to be included [(which territory must be contiguous to the district), which petition must contain a] in the fire protection district; and

      (b) A statement advising the signers that their property will be subject to the levy of a tax for the support of the fire protection district . [, and be signed by not less than a majority of the property owners within the territory,]

      4.  Upon receipt of the petition or resolution, the State Forester Firewarden shall determine the feasibility of including that territory in the fire protection district and shall notify the board of directors of the district of his decision.

      [3.] 5.  The board of directors, upon receipt of a notice in writing from the State Forester Firewarden of the decision to include territory in the fire protection district, shall prepare a resolution:

      (a) Describing the territory to be included; and

      (b) Stating the purpose for its inclusion.

      [4.] 6.  Upon the adoption of the resolution , the board of directors shall forthwith notify the State Forester Firewarden of the resolution. The territory is included in the fire protection district from the date of the resolution.

      [5.] 7.  Upon the inclusion of any contiguous territory in a fire protection district , the State Forester Firewarden shall adopt regulations for the organization of the territory to meet the terms and requirements for federal aid.

      Sec. 2.  Chapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  A fire protection district organized as provided in chapter 473 of NRS may, in the manner provided in this section, be reorganized as an existing or new fire protection district subject to the provisions of:

      (a) NRS 474.010 to 474.450, inclusive; or

      (b) NRS 474.460 to 474.540, inclusive.

      2.  The reorganization of such a district may be initiated by:

      (a) A petition signed by a majority of the owners of the property located within the district proposed to be reorganized; or

      (b) A resolution of the board of county commissioners of the county in which the district proposed to be reorganized is located.

      3.  If, after notice and a hearing, the board of county commissioners determines that the proposed reorganization is in the best interests of the county and the district, the board shall notify the State Forester Firewarden of that determination.

      4.  The State Forester Firewarden shall determine whether the reorganization is feasible and shall notify the board of county commissioners, in writing, of his decision. If the State Forester Firewarden determines that the reorganization is feasible, he shall further notify the board of county commissioners, in writing, that the petition or resolution, as applicable, proposing the reorganization of the district is approved.

      5.  Upon receipt of a notice in writing from the State Forester Firewarden that the petition or resolution proposing the reorganization is approved, the board of county commissioners shall adopt an ordinance reorganizing the district as an existing or new fire protection district subject to the provisions of:

 


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ê2007 Statutes of Nevada, Page 2476 (Chapter 463, SB 289)ê

 

approved, the board of county commissioners shall adopt an ordinance reorganizing the district as an existing or new fire protection district subject to the provisions of:

      (a) NRS 474.010 to 474.450, inclusive; or

      (b) NRS 474.460 to 474.540, inclusive.

      6.  The board of county commissioners shall cause a copy of the ordinance, certified by the clerk of the board of county commissioners, to be filed immediately for record in the office of the county recorder.

      7.  All debts, obligations, liabilities and assets of a fire protection district organized as provided in chapter 473 of NRS that is reorganized pursuant to this section must be assumed or taken over by the fire protection district into which that district is reorganized.

      8.  A district reorganized pursuant to this section as an existing or new fire protection district subject to the provisions of:

      (a) NRS 474.010 to 474.450, inclusive, has all of the powers granted by those sections and shall be deemed to have been formed under the provisions of those sections.

      (b) NRS 474.460 to 474.540, inclusive, has all of the powers granted by those sections and shall be deemed to have been organized in accordance with NRS 474.460.

      Sec. 4.  1.  The boundaries of two or more contiguous fire protection districts located within a county and organized pursuant to NRS 474.010 or 474.460 may be adjusted in the manner provided in this section so that all or any part of the area of one such fire protection district is excluded from that district and added to the area of another such fire protection district.

      2.  The adjustment of the boundaries of fire protection districts pursuant to this section must be approved by:

      (a) A majority of the owners of property located within the portions of those districts directly affected by the proposed adjustment of boundaries; and

      (b) Resolution of the board of county commissioners of the county in which the districts are located, which resolution must also be approved by the governing bodies of the fire protection districts whose boundaries are proposed to be adjusted.

Ê For the purposes of this subsection, an owner of property located within a fire protection district is “directly affected” by a proposed adjustment of boundaries if the adjustment will cause that property, or other property immediately adjacent to that property, to be excluded from the district in which it is currently located and added to a district other than that in which it is currently located.

      3.  If, after notice and a hearing, the board of county commissioners determines that the proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted, the board of county commissioners shall adopt an ordinance adjusting the boundaries of those districts. The ordinance must include the name and boundaries of each district that will result from the adjustment.

      4.  For the purposes of subsection 3, a board of county commissioners shall not determine that a proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted unless the board concludes, after conducting a reasonable investigation, that:

 


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ê2007 Statutes of Nevada, Page 2477 (Chapter 463, SB 289)ê

 

      (a) The total assessed valuation of taxable property in the districts whose boundaries are proposed to be adjusted is substantially equivalent; and

      (b) The total ad valorem tax levied within the districts whose boundaries are proposed to be adjusted is substantially equivalent.

      5.  The board of county commissioners shall cause a copy of any ordinance adopted pursuant to subsection 3 to be certified by the clerk of the board and filed immediately for record in the office of the county recorder.

      6.  If an adjustment of boundaries pursuant to this section causes:

      (a) Part of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the districts may, but are not required to, enter into such an agreement as they determine equitable to address the apportionment of debts, obligations, liabilities and assets.

      (b) All of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the debts, obligations, liabilities and assets of the district from which the area is excluded must be assumed by the district to which the area is added.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  The amendatory provisions of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a fire protection district, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.

      Sec. 7.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 2478ê

 

CHAPTER 464, SB 228

Senate Bill No. 228–Senator Heck

 

CHAPTER 464

 

AN ACT relating to emergency medical services; enacting provisions related to the access, sharing and confidentiality of certain information by various medical review committees; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law grants certain privileges to various medical review committees in regard to the nondisclosure of information. (NRS 49.117-49.123) This bill enacts provisions regarding the access, sharing and confidentiality of certain information by various medical review committees.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A medical review committee is entitled to access to any autopsy records relating to a death under review.

      2.  Each organization represented on a medical review committee to review the medical care or death of a person shall share with other members of the committee information in its possession concerning the person who is the subject of the review and any other information deemed by the organization to be pertinent to the review.

      3.  Any autopsy records provided to a medical review committee pursuant to this section are privileged records for the purposes of NRS 49.119 and 49.121.

      4.  As used in this section, “medical review committee” means a medical review committee of a county or district board of health that certifies, licenses or regulates providers of emergency medical services pursuant to the provisions of this chapter, but only when functioning as a peer review committee.

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ê2007 Statutes of Nevada, Page 2479ê

 

CHAPTER 465, SB 202

Senate Bill No. 202–Senator Washington

 

Joint Sponsor: Assemblyman Carpenter

 

CHAPTER 465

 

AN ACT relating to domestic relations; codifying certain common law factors that a court must consider when determining alimony; revising the provisions governing the reporting of information concerning investigations of domestic violence; requiring the Director of the Department of Public Safety to submit an annual report concerning temporary and extended orders for protection against domestic violence to the Legislature; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing case law in Nevada, a court determining whether alimony should be awarded and the appropriate amount of alimony is required to consider several relevant factors including: (1) the financial condition of the parties; (2) the nature and value of their respective property; (3) the contribution of each party to any property held by both parties as tenants by the entirety; (4) the duration of the marriage; and (5) the income, earning capacity, age and health of each party. (Buchanan v. Buchanan, 90 Nev. 209, 215 (1974)) Section 1 of this bill codifies those factors as well as factors from subsequent case law so that a court must consider those factors when determining alimony. (Buchanan, 90 Nev. at 215; Sprenger v. Sprenger, 110 Nev. 855, 859 (1994); Rodriguez v. Rodriguez, 116 Nev. 993, 999 (2000))

      Existing law sets forth provisions governing the reporting of information concerning investigations of domestic violence. (NRS 171.1227) Section 5 of this bill revises the manner in which information concerning an investigation of domestic violence must be forwarded to the Central Repository for Nevada Records of Criminal History. Section 5 also requires the Director of the Department of Public Safety to prescribe the form in which such information must be supplied and lists additional information that must be contained in the form.

      Section 6 of this bill requires the Director of the Department of Public Safety to submit a written report concerning the temporary and extended orders for protection against domestic violence issued in this State to the Director of the Legislative Counsel Bureau which includes the total number of temporary and extended orders granted, the number of grants of temporary custody that are included in such temporary and extended orders, the number of such orders that are issued to women and the number of such orders that are issued to men.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125.150 is hereby amended to read as follows:

      125.150  Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

 


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ê2007 Statutes of Nevada, Page 2480 (Chapter 465, SB 202)ê

 

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

Ê As used in this subsection, “contribution” includes , without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.

      4.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

      5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments.

 


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ê2007 Statutes of Nevada, Page 2481 (Chapter 465, SB 202)ê

 

subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.

      8.  In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

      (a) The financial condition of each spouse;

      (b) The nature and value of the respective property of each spouse;

      (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;

      (d) The duration of the marriage;

      (e) The income, earning capacity, age and health of each spouse;

      (f) The standard of living during the marriage;

      (g) The career before the marriage of the spouse who would receive the alimony;

      (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

      (i) The contribution of either spouse as homemaker;

      (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and

      (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

      9.  In granting a divorce , the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      [9.] 10.  If the court determines that alimony should be awarded pursuant to the provisions of subsection [8:] 9:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

 


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ê2007 Statutes of Nevada, Page 2482 (Chapter 465, SB 202)ê

 

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his career; or

                   (III) Courses of training in skills desirable for employment.

      [10.] 11.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.

      Secs. 2-4.  (Deleted by amendment.)

      Sec. 5.  NRS 171.1227 is hereby amended to read as follows:

      171.1227  1.  If a peace officer investigates an act that constitutes domestic violence pursuant to NRS 33.018, he shall prepare and submit a written report of his investigation to his supervisor or to another person designated by his supervisor, regardless of whether the peace officer makes an arrest.

      2.  If the peace officer investigates a mutual battery that constitutes domestic violence pursuant to NRS 33.018 and finds that one of the persons involved was the primary physical aggressor, he shall include in his report:

      (a) The name of the person who was the primary physical aggressor; and

      (b) A description of the evidence which supports his finding.

      3.  If the peace officer does not make an arrest, he shall include in his report the reason he did not do so.

      4.  [A copy of] The information [the] contained in a report made pursuant to subsections 1 and 2 must be [forwarded immediately] :

      (a) Aggregated each month; and

      (b) Forwarded by each jurisdiction to the Central Repository for Nevada Records of Criminal History [.] not later than the 15th day of the following month.

      5.  The Director of the Department of Public Safety shall prescribe the form on which the information described in subsection 4 must be reported to the Central Repository. In addition to the information required pursuant to subsections 1 and 2, the form must also require the inclusion of the following information from each report:

      (a) The gender, age and race of the persons involved;

      (b) The relationship of the persons involved;

      (c) The date and time of day of the offense;

      (d) The number of children present, if any, at the time of the offense;

      (e) Whether or not an order for protection against domestic violence was in effect at the time of the offense;

      (f) Whether or not any weapons were used during the commission of the offense;

      (g) Whether or not any person required medical attention;

      (h) Whether or not any person was given a domestic violence card that contains information about appropriate counseling or other supportive services available in the community in which that person resides;

 


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ê2007 Statutes of Nevada, Page 2483 (Chapter 465, SB 202)ê

 

      (i) Whether or not the primary physical aggressor, if identified, was arrested and, if not, any mitigating circumstances explaining why an arrest was not made; and

      (j) Whether or not any other person was arrested.

      Sec. 6.  NRS 179A.350 is hereby amended to read as follows:

      179A.350  1.  The Repository for Information Concerning Orders for Protection Against Domestic Violence is hereby created within the Central Repository.

      2.  Except as otherwise provided in subsection 4, the Repository for Information Concerning Orders for Protection Against Domestic Violence must contain a complete and systematic record of all temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada, in accordance with regulations adopted by the Director of the Department, including, without limitation, any information received pursuant to NRS 33.095. Information received by the Central Repository pursuant to NRS 33.095 must be entered in the Repository for Information Concerning Orders for Protection Against Domestic Violence not later than 8 hours after it is received by the Central Repository.

      3.  The information in the Repository for Information Concerning Orders for Protection Against Domestic Violence must be accessible by computer at all times to each agency of criminal justice.

      4.  On or before February 15 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection against domestic violence issued pursuant to NRS 33.020 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection Against Domestic Violence. The report must include, without limitation, information for each court that issues temporary or extended orders for protection against domestic violence concerning:

      (a) The total number of temporary and extended orders that were granted by the court pursuant to NRS 33.020 during the calendar year to which the report pertains;

      (b) The number of temporary and extended orders that were granted to women;

      (c) The number of temporary and extended orders that were granted to men;

      (d) The number of temporary and extended orders that were vacated or expired;

      (e) The number of temporary orders that included a grant of temporary custody of a minor child; and

      (f) The number of temporary and extended orders that were served on the adverse party.

      5.  The information provided pursuant to subsection 4 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.

      6.  The Repository for Information Concerning Orders for Protection Against Domestic Violence must not contain any information concerning an event that occurred before October 1, 1998.

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ê2007 Statutes of Nevada, Page 2484ê

 

CHAPTER 466, SB 200

Senate Bill No. 200–Committee on Government Affairs

 

CHAPTER 466

 

AN ACT relating to redevelopment; extending the duration of certain redevelopment plans; requiring the North Las Vegas Redevelopment Agency to review and report on certain of its redevelopment activities; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a redevelopment plan adopted by a redevelopment agency before July 1, 1987, terminates at the end of the fiscal year in which the principal and interest of the last maturing securities issued before that date concerning the redevelopment area are fully paid, or 45 years after the date on which the original redevelopment plan was adopted, whichever is later. (NRS 279.438) A redevelopment plan adopted on or after July 1, 1987, terminates not later than 30 years after the date on which the original redevelopment plan was adopted. (NRS 279.439)

      This bill makes applicable to any redevelopment plans adopted on or after July 1, 1987, but before January 1, 1991, the more lengthy durational limits currently applicable to redevelopment plans adopted before July 1, 1987.

      This bill also requires the North Las Vegas Redevelopment Agency to conduct a review of certain matters relating to redevelopment and to prepare a report summarizing that review for transmittal to the 76th Session of the Nevada Legislature.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 279.438 is hereby amended to read as follows:

      279.438  A redevelopment plan adopted before [July 1, 1987,] January 1, 1991, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or 45 years after the date on which the original redevelopment plan was adopted, whichever is later.

      Sec. 2.  NRS 279.439 is hereby amended to read as follows:

      279.439  A redevelopment plan adopted on or after [July 1, 1987,] January 1, 1991, and any amendments to the plan must terminate not later than 30 years after the date on which the original redevelopment plan is adopted.

      Sec. 2.5.  The North Las Vegas Redevelopment Agency shall:

      1.  Conduct a review of its activities relating to redevelopment, including, without limitation, an analysis of:

      (a) The progress made by the Agency in carrying out the Downtown Redevelopment Plan, the North Redevelopment Plan and any other redevelopment plans adopted by the North Las Vegas City Council;

      (b) The benefits realized by extending the permissible duration of certain redevelopment plans pursuant to the amendatory provisions of this act; and

      (c) Ways in which the Agency may ensure that redevelopment takes place in a carefully planned manner without undue delay.

 


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ê2007 Statutes of Nevada, Page 2485 (Chapter 466, SB 200)ê

 

      2.  Prepare a report summarizing the review conducted pursuant to subsection 1 and submit the report by July 1, 2010, to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and to the 76th Session of the Nevada Legislature. The report must be made available to the general public.

      Secs. 3-5.  (Deleted by amendment.)

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 467, SB 157

Senate Bill No. 157–Senators Mathews, Wiener, Heck, Amodei, Horsford, Raggio and Townsend

 

Joint Sponsor: Assemblywoman McClain

 

CHAPTER 467

 

AN ACT relating to public guardians; allowing a board of county commissioners to pay the necessary expenses incurred by a public guardian during a guardianship; allowing a board of county commissioners to establish a revolving fund to pay for the necessary expenses incurred by a public guardian during a guardianship; requiring a public guardian to reimburse the county from the assets of the ward for any expenses paid by the county; requiring boards of county commissioners to establish the office of public guardian; revising provisions governing the appointment or designation of a public guardian; revising the requirements governing eligibility to utilize a public guardian; revising provisions concerning attorneys retained by a public guardian; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 9 of this bill changes existing law, which currently allows a board of county commissioners to establish the office of public guardian, by requiring the board of county commissioners of each county to establish the office of public guardian. (NRS 253.150) Section 9 provides a board of county commissioners with four alternative methods to meet this requirement: (1) appoint a public guardian for a term of 4 years; (2) designate a county officer to serve as ex officio public guardian; (3) except in a county whose population is 100,000 or more (currently Clark and Washoe Counties), contract with a private professional guardian to act as public guardian; or (4) contract with the board of county commissioners of a neighboring county which is in the same judicial district to use the neighboring county’s public guardian as the public guardian of the county. After the board of county commissioners has designated or appointed a public guardian, section 3 of this bill allows the board to establish regulations for the form of reports and budgets made by the public guardian and to review reports and budgets submitted to the board by the public guardian. Section 10 of this bill requires the public guardian of a county to appoint one or more deputies to perform the duties of his office in his absence. (NRS 253.175)

 


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ê2007 Statutes of Nevada, Page 2486 (Chapter 467, SB 157)ê

 

      Existing law provides that a resident of the State is eligible to have the public guardian appointed as his guardian if there is no individual able and willing to serve as his guardian or if the resident does not have assets sufficient to pay for a private guardian. (NRS 253.200) Section 11 of this bill eliminates inability to pay for a private guardian as a condition for eligibility for having the public guardian appointed as guardian but requires that the individual is a resident of the county in which guardianship proceedings are filed. Section 11 also requires that the public guardian or deputy public guardian receive a copy of any petition for the appointment of the public guardian as a guardian before such a petition is filed.

      Section 2 of this bill allows a county to advance to the public guardian the necessary expenses incurred or to be incurred by the public guardian during a guardianship. However, if a county provides such an advance, the public guardian must reimburse the county from the assets of the estate of the ward as soon as, and to the extent that, those assets become available. The board of county commissioners may establish a revolving fund to be used to pay for advances to the public guardian of necessary expenses or must pay such advances from the county general fund.

      Existing law allows a public guardian to retain an attorney to assist him when necessary for the proper administration of a guardianship but requires that such employment be rotated among the attorneys practicing in the county who are qualified and willing to accept such employment. (NRS 253.215) In addition to such rotation of employment, section 12 of this bill allows the public guardian to retain one attorney to assist him or to obtain the assistance of the district attorney’s office if the board of county commissioners approves such assistance.

      Section 13 of this bill clarifies that a public guardian is not required to hire or be licensed as a private investigator to investigate the financial status, assets and personal history of a person for whom he has been appointed as guardian. (NRS 253.220)

      Under existing law, the reasonable value of the services rendered by the public guardian without cost to a ward must be allowed as a claim against the estate of the ward upon the death of the ward. (NRS 253.240) Section 14 of this bill allows claims for such services against a ward’s estate before the death of the ward upon approval of a court.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 253 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A public guardian may file with the board of county commissioners a request for an advance of money to pay necessary expenses incurred, or to be incurred, by the public guardian during a guardianship. The board may approve or deny the request. If the board approves the request, the board shall determine the amount to be advanced and advance that amount to the public guardian.

      2.  The board of county commissioners of any county may establish a revolving fund to be used to provide advances to the public guardian pursuant to subsection 1. If the board has established a revolving fund pursuant to this subsection, the board shall pay any advance approved pursuant to subsection 1 from the revolving fund to the extent that there is sufficient money in the revolving fund to pay the advance. After the money in the revolving fund has been exhausted, the board shall pay any advance, or any part of an advance, approved by the board from the general fund of the county. If the board has not established a revolving fund pursuant to this subsection, the board shall pay any advance approved pursuant to subsection 1 from the general fund of the county.

 


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ê2007 Statutes of Nevada, Page 2487 (Chapter 467, SB 157)ê

 

      3.  The public guardian must reimburse the county for any advance provided pursuant to subsection 1 from the assets of the estate of the ward as soon as, and to the extent that, the assets become available. If the board of county commissioners has established a revolving fund pursuant to subsection 2, the board shall deposit in the revolving fund the money obtained from a reimbursement provided pursuant to this subsection. If the board has not established a revolving fund pursuant to subsection 2, the board shall deposit in the general fund of the county the money obtained from a reimbursement provided pursuant to this subsection.

      Sec. 3.  1.  The board of county commissioners may:

      (a) Establish regulations for the form of any reports or budgets made by the public guardian.

      (b) Review reports or budgets submitted to the board by the public guardian.

      2.  The board of county commissioners may at any time investigate any guardianship for which the public guardian has been appointed.

      Sec. 4.  NRS 253.0415 is hereby amended to read as follows:

      253.0415  1.  The public administrator shall:

      (a) Investigate:

             (1) [The financial status of any proposed ward for whom he has been requested to serve as guardian to determine whether he is eligible to serve in that capacity.

             (2)] The financial status of any decedent for whom he has been requested to serve as administrator to determine the assets and liabilities of the estate.

             [(3)] (2) Whether there is any qualified person who is willing and able to serve as [guardian for a ward or] administrator of the estate of an intestate decedent to determine whether he is eligible to serve in that capacity.

      (b) [Petition the court for appointment as guardian of the person and estate of any ward if, after investigation, the public administrator finds that he is eligible to serve. Except as otherwise provided in subsection 2, this petition for appointment as guardian must be made by the public administrator regardless of the amount of assets in the guardianship estate if no other qualified person having a prior right is willing and able to serve.

      (c)] Except as otherwise provided in NRS 253.0403 and 253.0425, petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve.

      [(d)] (c) Upon court order, act as [:

             (1) Guardian of the person and estate of an adult ward; or

             (2) Administrator] administrator of the estate of a person dying intestate,

[Ê] regardless of the amount of assets in the estate of the [ward or] decedent if no other qualified person is willing and able to serve.

      2.  The public administrator is not eligible to serve as a guardian of the person and estate of a ward [if the board of county commissioners of his county has established the office of public guardian pursuant to NRS 253.150,] unless the board has designated the public administrator as ex officio public guardian.

 


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ê2007 Statutes of Nevada, Page 2488 (Chapter 467, SB 157)ê

 

      Sec. 5.  NRS 253.042 is hereby amended to read as follows:

      253.042  In connection with an investigation conducted pursuant to subsection 1 of NRS 253.0415, a public administrator may:

      1.  Require [any proposed ward or] any spouse, parent, child or other kindred of the [proposed ward] decedent to give any information and to execute any written requests or authorizations necessary to provide the public administrator with access to records, otherwise confidential, needed to evaluate the public administrator’s eligibility to serve.

      2.  Obtain information from the public records in any office of the State or any of its agencies or subdivisions upon request and without payment of any fee.

      Sec. 6.  NRS 253.044 is hereby amended to read as follows:

      253.044  In a county whose population is less than 100,000, the board of county commissioners may, after reviewing each case, direct the public administrator or any other suitable person to:

      1.  Investigate [:

      (a) The financial status of any proposed ward for whom a request to serve as guardian has been received to determine whether there is a need for a guardian to be appointed and whether the public administrator or other suitable person designated by the board is able and eligible to serve in that capacity.

      (b) Whether] whether there is any qualified person who is willing and able to serve as [guardian for a ward or] administrator of the estate of an intestate decedent, and to determine whether there is a need for [a guardian or] an administrator and whether the public administrator or other suitable person designated by the board is eligible to serve in that capacity.

      2.  [Petition the court for appointment as guardian of the person or as guardian of the person and estate of any ward if, after investigation, the public administrator or other suitable person designated by the board finds that there is a need for such an appointment and that he is able and eligible to serve. If no other qualified person having a prior right is willing and able to serve, the public administrator or other suitable person designated by the board shall petition for appointment as guardian regardless of the amount of assets in the estate of the proposed ward.

      3.]  Petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator or other suitable person designated by the board finds that there is no other qualified person having a prior right who is willing and able to serve.

      [4.] 3.  File an affidavit pursuant to NRS 253.0403 to administer the estate if, after investigation, the public administrator or other suitable person designated by the board finds that the gross value of the decedent’s property situated in this State does not exceed $20,000.

      [5.] 4.  Act, upon order of a court, as [:

      (a) Guardian of the person and estate of an adult ward; or

      (b) Administrator] administrator of the estate of a person dying intestate,

[Ê] regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.

      Sec. 7.  NRS 253.0445 is hereby amended to read as follows:

      253.0445  In an investigation conducted pursuant to subsection 1 of NRS 253.044, a public administrator or other suitable person designated by the board of county commissioners may:

 


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ê2007 Statutes of Nevada, Page 2489 (Chapter 467, SB 157)ê

 

      1.  Require any [proposed ward or any] spouse, parent, child or other kindred of the [proposed ward] decedent to give any information and to execute any written requests or authorizations necessary to provide the public administrator or other suitable person designated by the board with access to records, otherwise confidential, needed to evaluate the public administrator’s or other suitable person’s eligibility to serve.

      2.  Obtain information from the public records in any office of the State or any of its agencies or subdivisions upon request and without payment of any fee.

      Sec. 8.  NRS 253.091 is hereby amended to read as follows:

      253.091  1.  The board of county commissioners shall:

      (a) Establish regulations for the form of any reports made by the public administrator.

      (b) Review reports submitted to the board by the public administrator.

      (c) Investigate any complaint received by the board against the public administrator.

      2.  The board of county commissioners may at any time investigate any [guardianship or] estate for which the public administrator is serving as [guardian or] administrator.

      Sec. 9.  NRS 253.150 is hereby amended to read as follows:

      253.150  1.  The board of county commissioners of [any county may] each county shall establish the office of public guardian.

      2.  The board of county commissioners [may:] shall:

      (a) Appoint a public guardian, who serves at the pleasure of the board, for a term of 4 years from the day of appointment; [or]

      (b) Designate an elected or appointed county officer as ex officio public guardian [.] ;

      (c) Except in a county whose population is 100,000 or more, contract with a private professional guardian to act as public guardian; or

      (d) Contract with the board of county commissioners of a neighboring county in the same judicial district to designate as public guardian the public guardian of the neighboring county.

      3.  The compensation of a public guardian appointed or designated pursuant to subsection 2 must be fixed by the board of county commissioners and paid out of the county general fund.

      4.  As used in this section, “private professional guardian” means a person who receives compensation for services as a guardian to three or more wards who are not related to the person by blood or marriage. The term does not include:

      (a) A governmental agency.

      (b) A banking corporation, as defined in NRS 657.016, or an organization permitted to act as fiduciary pursuant to NRS 662.245 if it is appointed as guardian of an estate only.

      (c) A trust company, as defined in NRS 669.070.

      (d) A court-appointed attorney licensed to practice law in this State.

      Sec. 10.  NRS 253.175 is hereby amended to read as follows:

      253.175  1.  A public guardian [may] shall appoint one or more deputies to perform the duties of his office [.] in his absence. A deputy so appointed may transact all official business relating to the office of the public guardian to the same extent as the public guardian, except that the deputy is not authorized to employ or terminate the employment of subordinates in the office. Before entering upon the discharge of his duties, each deputy must take and subscribe to the constitutional oath of office.

 


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ê2007 Statutes of Nevada, Page 2490 (Chapter 467, SB 157)ê

 

take and subscribe to the constitutional oath of office. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county public guardian or the county by which the deputy is employed.

      2.  Each appointment must be in writing and recorded, with the oath of office of that deputy, in the office of the county recorder. Any revocation or resignation of an appointment must be recorded in the office of the county recorder.

      3.  The public guardian is responsible on his official bond for any official malfeasance or nonfeasance of his deputies and may require a bond for the faithful performance of the official duties of his deputies.

      4.  The compensation of a deputy public guardian must be fixed by the board of county commissioners and paid out of the county general fund.

      Sec. 11.  NRS 253.200 is hereby amended to read as follows:

      253.200  1.  A resident of Nevada is eligible to have the public guardian of the county in which he resides appointed as his temporary individual guardian pursuant to NRS 159.0523 or 159.0525.

      2.  A resident of Nevada is eligible to have the public guardian of a county appointed as his permanent or general individual guardian if he:

      (a) Has no relative or friend able and willing to serve as his guardian; [or] and

      (b) [Lacks sufficient assets to provide the requisite compensation to a private guardian.] Is a resident of that county.

      [2.] 3.  A person [so] qualified [,] pursuant to subsection 1 or 2, or anyone on his behalf, may petition the district court of the county in which he resides to make the appointment.

      4.  Before a petition for the appointment of the public guardian as a guardian may be filed pursuant to subsection 3, a copy of the petition and copies of all accompanying documents to be filed must be delivered to the public guardian or a deputy public guardian.

      5.  Any petition for the appointment of the public guardian as a guardian filed pursuant to subsection 3 must include a statement signed by the public guardian or deputy public guardian and in substantially the following form:

 

      The undersigned is the Public Guardian or a Deputy Public Guardian of .............County. The undersigned certifies that he has received a copy of this petition and all accompanying documents to be filed with the court.

 

      6.  A petition for the appointment of the public guardian as permanent or general guardian must be filed separately from a petition for the appointment of a temporary guardian.

      7.  If a person other than the public guardian served as temporary guardian prior to the appointment of the public guardian as permanent or general guardian, the temporary guardian must file an accounting and report with the court in which the petition for the appointment of a public guardian was filed within 30 days of the appointment of the public guardian as permanent or general guardian.

      8.  For the purposes of this section:

 


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ê2007 Statutes of Nevada, Page 2491 (Chapter 467, SB 157)ê

 

      (a) Except as otherwise provided in paragraph (b), the county of residence of a person is the county to which the person moved with the intent to reside for an indefinite period.

      (b) The county of residence of a person placed in institutional care is the county that was the county of residence of the person before the person was placed in institutional care by a guardian or agency or under power of attorney.

      Sec. 12.  NRS 253.215 is hereby amended to read as follows:

      253.215  1.  When necessary for the proper administration of a guardianship, a public guardian may [retain] :

      (a) Retain an attorney to assist him [, rotating this employment in successive guardianships among the attorneys practicing] if the attorney practices law in the county [who are] and is qualified by experience and willing to serve [.] or rotate this employment among attorneys who practice law in the county and who are qualified by experience and willing to serve; or

      (b) Upon approval of the board of county commissioners, obtain assistance from the office of the district attorney of the county.

      2.  [The] Any attorney’s fee must be paid from the assets of the ward.

      Sec. 13.  NRS 253.220 is hereby amended to read as follows:

      253.220  A public guardian [shall] may investigate the financial status , assets and personal and family history of any person for whom [the appointment of] the public guardian [as his guardian is requested.] has been appointed as guardian, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS. In connection with the investigation, the public guardian may require [that person] any proposed ward or any spouse, parent, child or other kindred of the proposed ward to give any information and to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, [needed to evaluate eligibility.] which are needed by the public guardian. The public guardian may obtain information from any public record office of the State or any of its agencies or subdivisions upon request and without payment of any fees.

      Sec. 14.  NRS 253.240 is hereby amended to read as follows:

      253.240  The reasonable value of a public guardian’s services rendered without cost to a ward shall be allowed as a claim against the estate of the ward upon the [death of the ward.] approval of the court. Money received in payment of a claim against the estate of the ward shall be deposited by the public guardian to the credit of the county general fund [.] or any other county fund, as determined by the board of county commissioners.

      Sec. 15.  NRS 648.060 is hereby amended to read as follows:

      648.060  1.  [No] Except as otherwise provided in NRS 253.220, no person may:

      (a) Engage in the business of private investigator, private patrolman, process server, repossessor, dog handler, security consultant, or polygraphic examiner or intern; or

      (b) Advertise his business as such, irrespective of the name or title actually used,

Ê unless he is licensed pursuant to this chapter.

 


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ê2007 Statutes of Nevada, Page 2492 (Chapter 467, SB 157)ê

 

      2.  No person may be employed by a licensee unless the person holds a work card issued by the sheriff of the county in which the work is to be performed. The provisions of this subsection do not apply to a person licensed pursuant to this chapter.

      3.  A person licensed pursuant to this chapter may employ only another licensee, or a nonlicensed person who:

      (a) Is at least 18 years of age.

      (b) Is a citizen of the United States or lawfully entitled to remain and work in the United States.

      (c) Is of good moral character and temperate habits.

      (d) Has not been convicted of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.

      Sec. 16.  NRS 648.063 is hereby amended to read as follows:

      648.063  An unlicensed person who performs a single act for which a license is required has engaged in the business for which the license is required and, unless exempt from licensing [,] or performing an investigation pursuant to NRS 253.220, has violated NRS 648.060.

      Sec. 17.  NRS 648.203 is hereby amended to read as follows:

      648.203  1.  Except as otherwise provided in subsection 2 [,] or NRS 253.220, it is unlawful for a person to:

      (a) Allow an employee, including an independent contractor, to perform any work regulated pursuant to the provisions of this chapter unless the employee holds a work card authorizing his work which is issued by the sheriff of the county in which the work is performed. The provisions of this paragraph do not apply to a person licensed pursuant to this chapter.

      (b) Work as a security guard unless he holds a work card authorizing his work as a security guard issued in accordance with applicable ordinances by the sheriff of the county in which the work is performed.

      2.  The provisions of subsection 1 do not apply in any county whose population is less than 100,000, but this subsection does not prohibit a board of county commissioners from adopting similar restrictions by ordinance.

      3.  The sheriff of any county in which such restrictions apply shall require any person applying for such a work card to submit a complete set of his fingerprints to the sheriff who may forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the applicant’s criminal history.

________

 


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ê2007 Statutes of Nevada, Page 2493ê

 

CHAPTER 468, SB 140

Senate Bill No. 140–Committee on Government Affairs

 

CHAPTER 468

 

AN ACT relating to purchasing; requiring organizations that wish to participate in the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations to register with and submit quarterly reports to the Rehabilitation Division of the Department of Employment, Training and Rehabilitation; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to establish a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations. (NRS 334.025) Existing law also authorizes an exception to the competitive bidding process for purchasing by the State and by local governments from organizations and agencies whose primary purpose is the training and employment of persons with mental or physical disabilities. (NRS 332.117, 333.375) Sections 1-3 of this bill require organizations that wish to participate in the Program and qualify for the exemption to the competitive bidding process to register with, and to submit quarterly reports to, the Rehabilitation Division.

      Section 4 of this bill requires the Administrator of the Division to review the registration and reporting requirements imposed by this bill and to report on that review to the 75th Session of the Nevada Legislature.

      Section 5 of this bill repeals the expiration of section 14 of chapter 377, Statutes of Nevada 2005, at page 1445. Thus, the changes made by section 14 of that chapter of Statutes of Nevada to NRS 334.025 will no longer expire by limitation on June 30, 2013, and the Program will continue to be administered by the Division instead of a Committee on Employment of Persons with Disabilities created by the Governor.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 332.117 is hereby amended to read as follows:

      332.117  1.  [A] In accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, a governing body of a local government or its authorized representative may award, without complying with the requirements for competitive bidding set forth in this chapter, a contract for services or for the purchase of supplies, materials, equipment or labor to an organization or agency whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a community-based training center for the care and training of mentally and functionally retarded persons described in chapter 435 of NRS.

      2.  An organization or agency that [wishes] :

      (a) Wishes to submit a bid for such a contract must [establish] :

             (1) Register with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation as required pursuant to NRS 334.025; and

 


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ê2007 Statutes of Nevada, Page 2494 (Chapter 468, SB 140)ê

 

             (2) Establish a fair-market price for those services, supplies, materials, equipment or labor by conducting a market survey and must include the survey with the bid submitted to the local government.

      (b) Is awarded such a contract must report quarterly to the Rehabilitation Division as required pursuant to NRS 334.025.

      Sec. 2.  NRS 333.375 is hereby amended to read as follows:

      333.375  1.  The provisions of NRS 331.100 notwithstanding, and in accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, the Purchasing Division may award without accepting competitive bids a contract for services or the purchase of commodities to organizations or agencies whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a community-based training center for the care and training of mentally and functionally retarded persons described in chapter 435 of NRS.

      2.  An organization or agency that [wishes] :

      (a) Wishes to submit a bid for such a contract must [establish] :

             (1) Register with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation as required pursuant to NRS 334.025; and

             (2) Establish a fair-market price for those services or commodities by conducting a market survey and must include the survey with the bid submitted to the Purchasing Division.

      (b) Is awarded such a contract must report quarterly to the Rehabilitation Division as required pursuant to NRS 334.025.

      Sec. 3.  NRS 334.025 is hereby amended to read as follows:

      334.025  1.  The Rehabilitation Division of the Department of Employment, Training and Rehabilitation shall establish and administer a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations.

      2.  The Program may include:

      (a) A method for assisting an agency that wishes to purchase commodities or services from an organization to locate such commodities and services that meet the needs of the agency;

      (b) A method for assisting an organization to locate an agency that wishes to purchase commodities or services from organizations;

      (c) A method for encouraging agencies to purchase commodities and services from organizations;

      (d) A method to review objections to an award of a contract to an organization, which method must be limited to a review of the process used for awarding the contract to ensure that the appropriate procedures were followed in awarding the contract;

      (e) The establishment of a percentage, not to exceed 4 percent, of the full amount of payment to an organization which is awarded a contract for all commodities and services to be provided to the agency pursuant to the contract that is sufficient to pay the cost to the Rehabilitation Division of establishing and administering the Program; and

      (f) A method for collecting information from an agency in a report to the Rehabilitation Division, which report may include, without limitation:

 


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ê2007 Statutes of Nevada, Page 2495 (Chapter 468, SB 140)ê

 

             (1) The number of persons currently employed at the agency who are mentally or physically disabled; and

             (2) The number of contracts the agency has entered into pursuant to the Program which are currently in effect and a list of the organizations with which the agency has entered such contracts.

      3.  An organization that wishes to participate in the Program must register with the Rehabilitation Division on a form prescribed by the Administrator before contacting any agency concerning entering into a contract pursuant to the Program.

      4.  In administering the Program, the Rehabilitation Division shall, upon request of an agency or organization, assist the agency or organization in establishing a contract for the purchase of commodities or services.

      [4.] 5.  A contract entered into pursuant to the Program must provide for a payment to the Rehabilitation Division in an amount equal to the full amount of payment to the organization for all commodities and services to be provided to the agency pursuant to the contract multiplied by the percentage established pursuant to paragraph (e) of subsection 2.

      [5.] 6.  An organization that has entered into a contract with an agency pursuant to the Program shall report quarterly to the Rehabilitation Division, on a form prescribed by the Administrator, such information as the Rehabilitation Division deems necessary to administer the Program.

      7.  The Administrator may adopt regulations to carry out the provisions of this section.

      8.  As used in this section:

      (a) “Administrator” means the Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

      (b) “Agency” means a local government as defined in NRS 332.015 and using agencies as defined in NRS 333.020.

      [(b)] (c) “Organization” means an organization whose primary purpose is the training and employment of mentally or physically disabled persons, including, without limitation, community-based training centers for the care and training of mentally and functionally retarded persons described in chapter 435 of NRS.

      Sec. 4.  1.  The Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation shall review the registration and reporting requirements imposed by the amendatory provisions of this act.

      2.  The Administrator shall prepare a report summarizing the review and submit the report by July 1, 2008, to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and to the 75th Session of the Nevada Legislature. The report must be made available to the general public.

      Sec. 5.  Section 18 of Chapter 377, Statutes of Nevada 2005, at page 1445, is hereby amended to read as follows:

      Sec. 18.  1.  This section and sections 1 to [14,] 13, inclusive, and 17 of this act become effective upon passage and approval and expire by limitation on June 30, 2013.

      2.  Section 14 of this act becomes effective upon passage and approval.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 2496 (Chapter 468, SB 140)ê

 

      3.  Section 16 of this act becomes effective on July 1, 2005.

      [3.] 4.  Section 15 of this act becomes effective on July 1, 2007, and expires by limitation on June 30, 2013.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 469, SB 136

Senate Bill No. 136–Committee on Government Affairs

 

CHAPTER 469

 

AN ACT relating to periods of observance; designating the month of May of each year as Archeological Awareness and Historic Preservation Month in this State; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, various days and weeks of observance are recognized in this State. (NRS 236.018-236.065) This bill designates the month of May of each year as Archeological Awareness and Historic Preservation Month in this State and requires the Governor to issue annually a proclamation encouraging the observance of Archeological Awareness and Historic Preservation Month.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The month of May of each year is designated as Archeological Awareness and Historic Preservation Month in this State.

      2.  The Governor shall issue annually a proclamation encouraging the observance of Archeological Awareness and Historic Preservation Month. The proclamation may, without limitation:

      (a) Call upon state and local officers, private nonprofit groups and foundations, schools, businesses and other public and private entities to work toward the goal of preserving the irreplaceable historic, archeological and cultural resources of this State;

      (b) Recognize the important contributions of many cultures to the history of this State; and

      (c) Recognize the importance of specific historic, archeological and cultural sites in this State, including, without limitation:

             (1) Tule Springs in southern Nevada as an area well known in the scientific community as one of the best Pleistocene paleontologic sites in the western United States and in which the fossil remains of several extinct animals have been found, including ground sloths, mammoths, prehistoric horses and American camels;

             (2) Springs Preserve in southern Nevada as a site organized to manage the rich cultural and biological resources of the 180-acre Big Springs Archaeological District, which is considered to be the birthplace of the City of Las Vegas and in which archaeological discoveries have been made, including a Pueblo Indian pithouse, one of the last undisturbed spring mounds, pottery, arrowheads and other artifacts, endangered plants and animals, as well as historic buildings and infrastructure from southern Nevada’s first water system; and

 


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ê2007 Statutes of Nevada, Page 2497 (Chapter 469, SB 136)ê

 

spring mounds, pottery, arrowheads and other artifacts, endangered plants and animals, as well as historic buildings and infrastructure from southern Nevada’s first water system; and

             (3) Other specific historic, archeological and cultural sites located throughout this State in both urban and rural areas, regardless of whether those sites are listed in the National Register of Historic Places.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 470, SB 117

Senate Bill No. 117–Senators Raggio, Townsend and Washington

 

Joint Sponsors: Assemblymen Gansert, Marvel, Anderson, Bobzien, Cobb, Leslie and Smith

 

CHAPTER 470

 

AN ACT relating to the Reno-Tahoe Airport Authority; exempting certain contracts entered into by the Board of Trustees of the Authority from certain requirements; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Reno-Tahoe Airport Authority is subject, with certain exceptions, to the Local Government Purchasing Act and requirements relating to competitive bidding on public works. (Chapters 332, 338 and 339 of NRS; Reno-Tahoe Airport Authority Act §§ 9, 9.5, 10.2) This bill exempts the Authority from the Local Government Purchasing Act and certain requirements relating to contracts for public works for the construction or installation of an integrated in-line explosive detection system that is mandated by the Transportation Security Administration of the United States Department of Homeland Security. This bill also provides that such exemption expires by limitation on July 1, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Reno-Tahoe Airport Authority Act, being chapter 474, Statutes of Nevada 1977, at page 968, is hereby amended by adding thereto a new section to be designated as section 9.3, immediately following section 9, to read as follows:

      Sec. 9.3.  1.  Except as otherwise provided in subsection 2, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, acquisition, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to any contract entered into by the Board for the construction or installation of an integrated in-line explosive detection system mandated by the Transportation Security Administration of the United States Department of Homeland Security.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 2498 (Chapter 470, SB 117)ê

 

      2.  A contract entered into by the Board pursuant to this section must contain a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work performed pursuant to the contract.

      3.  As used in this section:

      (a) “Explosive detection system” means a system described in 49 U.S.C. § 44901(d).

      (b) “Integrated in-line explosive detection system” means an explosive detection system that is integrated into an airport’s baggage handling conveyor system.

      Sec. 2.  Section 9 of the Reno-Tahoe Airport Authority Act, being chapter 474, Statutes of Nevada 1977, as last amended by chapter 369, Statutes of Nevada 2005, at page 1391, is hereby amended to read as follows:

      Sec. 9.  1.  Except as otherwise provided in subsection 2 and [section] sections 9.3 and 9.5 of this act, the Board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget and Finance Act.

      2.  Except as otherwise provided in section 10.2 of this act, any concession agreement entered into by the Authority in conformity with the provisions of that section need not conform to the requirements of the Local Government Purchasing Act.

      Sec. 3.  This act becomes effective upon passage and approval and expires by limitation on July 1, 2009.

________

 

CHAPTER 471, AB 127

Assembly Bill No. 127–Assemblymen Smith, Parks, Leslie, Koivisto, Conklin, Atkinson, Bobzien, Buckley, Claborn, Denis, Hogan, Horne, Kihuen, Kirkpatrick, Manendo, McClain, Mortenson, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom and Womack

 

CHAPTER 471

 

AN ACT relating to collection agencies; clarifying when collection agents and collection agencies may record telephone calls; providing that violations of the provisions of the federal Fair Debt Collection Practices Act are deemed violations of certain provisions governing collection agencies; requiring a collection agency which collects a debt on behalf of a hospital to provide certain notice to a debtor; specifying the manner in which a collection agency must verify a debt; making various other changes concerning collection agencies and collection agents; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 


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ê2007 Statutes of Nevada, Page 2499 (Chapter 471, AB 127)ê

 

Legislative Counsel’s Digest:

      Existing law generally requires two-party consent before a person may record a telephone conversation. (NRS 200.620) The Nevada Supreme Court has interpreted existing law to prohibit a person from recording his own telephone conversations unless the other party to the conversation gives prior consent to the recording. (Lane v. Allstate Ins. Co., 114 Nev. 1176 (1998)) Existing law also prohibits the surreptitious listening, monitoring or recording of private conversations engaged in by other persons. (NRS 200.650)

      Section 4 of this bill provides that, after providing notice to the collection agency or collection agent that the telephone call is being recorded and making a statement to that effect on the recording, a person may record any telephone call concerning a debt which is owed or asserted to be owed by the person if the telephone call is initiated by a collection agency or collection agent and received by the person who owes or is alleged to owe the debt.

      Section 5 of this bill provides that a violation of any provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., or any regulation adopted pursuant thereto, shall be deemed to be a violation of chapter 649 of NRS governing collection agencies.

      Section 6 of this bill provides that, to verify a debt, a collection agency is required to obtain certain documents from the creditor and mail those documents to the debtor. Section 6 also requires a collection agency that is collecting a debt on behalf of a hospital to provide certain information to a debtor not later than 5 days after the initial communication with the debtor in connection with the collection of the debt.

      Existing law exempts certain persons from obtaining a collection agency license in Nevada if certain conditions are met. (NRS 649.075) Section 7 of this bill removes that exemption and requires all such persons to either register as a foreign collection agency or obtain a license.

      Existing law requires each applicant for a license as a collection agency or collection agent to submit proof of certain information to the Commissioner of Financial Institutions, including, without limitation, proof that the applicant will maintain one or more offices in this State for the transaction of the business of his collection agency. (NRS 649.085) Section 8 of this bill allows the applicant to satisfy this requirement by submitting proof that the applicant will maintain one or more such offices in another state.

      Section 9 of this bill removes the requirement that a person must hold a license in another state in order to be registered as a foreign collection agency in Nevada. Section 9 also limits the activities of a registered foreign collection agency to collecting from residents of this State on behalf of residents of another state. (NRS 649.171)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

      Sec. 3.5.  Chapter 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.

      Sec. 4.  1.  After providing notice that the telephone conversation will be recorded, a person may record any telephone call that:

      (a) Concerns a claim which is owed or asserted to be owed by the person;

      (b) Is made by a collection agency or collection agent; and

      (c) Is received by the person.

      2.  A person who records a telephone call pursuant to this section is required to make a statement immediately after the recording begins that the telephone call is being recorded.

 


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ê2007 Statutes of Nevada, Page 2500 (Chapter 471, AB 127)ê

 

      3.  As used in this section, “record” means the acquisition of the contents of a wire communication through the use of a recording device.

      Sec. 5.  A violation of any provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1682 et seq., or any regulation adopted pursuant thereto, shall be deemed to be a violation of this chapter.

      Sec. 6.  1.  To verify a debt, a collection agency shall:

      (a) Obtain or attempt to obtain from the creditor any document that is not in the possession of the collection agency and is reasonably responsive to the dispute of the debtor, if any; and

      (b) If such a document is obtained, mail the document to the debtor.

      2.  When collecting a debt on behalf of a hospital, within 5 days after the initial communication with the debtor in connection with the collection of the debt, a collection agency shall, unless the following information is included in the initial communication, send a written notice to the debtor that includes a statement indicating that:

      (a) If the debtor pays or agrees to pay the debt or any portion of the debt, the payment or agreement to pay may be construed as:

             (1) An acknowledgement of the debt by the debtor; and

             (2) A waiver by the debtor of any applicable statute of limitations set forth in NRS 11.190 that otherwise precludes the collection of the debt; and

      (b) If the debtor does not understand or has questions concerning his legal rights or obligations relating to the debt, the debtor should seek legal advice.

      3.  As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 7.  NRS 649.075 is hereby amended to read as follows:

      649.075  1.  Except as otherwise provided in this section, a person shall not conduct within this State a collection agency or engage within this State in the business of collecting claims for others, or of soliciting the right to collect or receive payment for another of any claim, or advertise, or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim, or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained a license from the Commissioner.

      2.  [A person is not required to obtain a license if:

      (a) The collection agency he works for is located outside of this State;

      (b) His activities in this State are limited to the collection of claims from residents of this State on behalf of residents of another state; and

      (c) His contact with persons in this State is limited to interstate communications by telephone, mail or facsimile.

      3.]  A person is not required to obtain a license if the person holds a certificate of registration as a foreign collection agency issued by the Commissioner pursuant to NRS 649.171.

      Sec. 8.  NRS 649.085 is hereby amended to read as follows:

      649.085  Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent must submit proof satisfactory to the Commissioner that he:

      1.  Is a citizen of the United States or lawfully entitled to remain and work in the United States.

 


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ê2007 Statutes of Nevada, Page 2501 (Chapter 471, AB 127)ê

 

      2.  Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.

      3.  Has not had a collection agency license suspended or revoked within the 10 years immediately preceding the date of the application.

      4.  Has not been convicted of, or entered a plea of nolo contendere to:

      (a) A felony relating to the practice of collection agencies or collection agents; or

      (b) Any crime involving fraud, misrepresentation or moral turpitude.

      5.  Has not made a false statement of material fact on his application.

      6.  Will maintain one or more offices in this State or one or more offices in another state for the transaction of the business of his collection agency.

      7.  Has established a plan to ensure that his collection agency will provide the services of a collection agency adequately and efficiently.

      Sec. 9.  NRS 649.171 is hereby amended to read as follows:

      649.171  1.  A person who is not licensed in this State as a collection agency may apply to the Commissioner for a certificate of registration as a foreign collection agency.

      2.  To be issued and to hold a certificate of registration as a foreign collection agency, a person:

      (a) [Must hold a license or permit to do business as a collection agency in another state;

      (b)] Must meet the qualifications to do business as a collection agency in this State;

      [(c)] (b) Must not have any employees or agents present in this State who engage in the collection of claims and must not maintain any business locations in this State as a collection agency;

      [(d)] (c) Must submit proof to the Commissioner, upon application and upon each annual renewal of the [certification] certificate of registration, that the person and his employees and agents will not, in this State:

             (1) Engage in the business of soliciting the right to collect or receive payment for another of any claim; [or]

             (2) Respond to a bid, proposal or invitation for the right to collect or receive payment for another of any claim, unless the bid, proposal or invitation is for the collection of claims owed by residents of another state; or

             (3) Advertise or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim;

      [(e)] (d) When collecting claims against debtors who are present in this State, must:

             (1) Limit his activities and those of his employees and agents to interstate communications by telephone, mail or facsimile; [and]

             (2) Limit his activities and those of his employees and agents to the collection of claims from residents of this State on behalf of residents of another state; and

             (3) Comply with the requirements of NRS 649.305 to 649.375, inclusive, and section 5 of this act with regard to his activities and those of his employees and agents;

      [(f)] (e) Must pay:

 


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ê2007 Statutes of Nevada, Page 2502 (Chapter 471, AB 127)ê

 

             (1) A fee to apply for a certificate of registration of not less than $200 [and not more than $600,] prorated on the basis of the registration year as determined by the Commissioner; and

             (2) An annual renewal fee of not more than $200;

      [(g)] (f) Must deposit and maintain a bond or an appropriate substitute for the bond in the same manner as an applicant or licensee pursuant to NRS 649.105, 649.115 and 649.119;

      [(h)] (g) Must maintain his accounts, books and records in accordance with generally accepted accounting principles and in accordance with the requirements of subsection 1 of NRS 649.335; and

      [(i)] (h) Must pay any fees related to any examination of his accounts, books and records conducted by the Commissioner pursuant to subsection 3.

      3.  The Commissioner may conduct an annual examination and any additional examinations pursuant to NRS 649.335 of the accounts, books and records of each person who holds a certificate of registration as a foreign collection agency.

      4.  The Commissioner may take disciplinary action pursuant to NRS 649.385, 649.390 and 649.395 against a person who holds a certificate of registration as a foreign collection agency for any act or omission that would be grounds for taking such disciplinary action under those sections.

      5.  The Commissioner shall adopt:

      (a) Regulations establishing the amount of the fees required pursuant to this section; and

      (b) Any other regulations as may be necessary to carry out the provisions of this section.

      Sec. 10.  1.  This section and sections 3.5 to 6, inclusive, 8 and 9 of this act become effective upon passage and approval.

      2.  Section 7 of this act becomes effective on January 1, 2008.

________

 


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ê2007 Statutes of Nevada, Page 2503ê

 

CHAPTER 472, AB 585

Assembly Bill No. 585–Committee on Taxation

 

CHAPTER 472

 

AN ACT relating to public financial administration; providing the rate of interest to be paid on overpayments of taxes on real or personal property; making various changes to other provisions governing taxes on real or personal property; making various changes concerning certain agreements and claims regarding unclaimed property held by a county treasurer; revising provisions governing calculation of the interest that a public body must pay to a contractor on amounts withheld from progress payments on public works; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, unless a specific statute provides otherwise, a taxpayer is entitled to interest on an overpayment of taxes at a rate equal to the prime rate plus 2 percent. (NRS 360.2935) Section 2 of this bill provides that the rate of interest to be paid on overpayments of real or personal property taxes is 0.5 percent per month.

      Under existing law, a taxpayer who wishes to have certain determinations concerning partial abatements from taxation reviewed must submit a written petition to the county tax receiver. (NRS 361.4734) Section 4 of this bill requires such a petition to be submitted to the county assessor instead of the tax receiver.

      Under existing law, small overpayments or deficiencies of personal property taxes do not have to be refunded to or collected from a taxpayer. (NRS 361.485) Section 5 of this bill provides similar treatment for overpayments or deficiencies of real property taxes.

      Section 6 of this bill provides a county and its officers and employees with immunity from liability for failure to provide actual notice of delinquent taxes in accordance with NRS 361.5648 under certain circumstances.

      Existing law requires the tax receiver of a county to issue to the county treasurer each year a trustee’s certificate which describes each property on which delinquent taxes have not been paid. (NRS 361.570) Section 7 of this bill requires that the certificate include not just taxes, but also penalties, interest and costs that have not been paid.

      Existing law authorizes certain reconveyances of property held in trust by a county treasurer on which delinquent taxes have not been paid. (NRS 361.585) Section 8 of this bill revises the categories of persons to whom such a reconveyance may be made and repeals the requirements for an agreement to locate, deliver, recover or assist in the recovery of such property.

      Section 11 of this bill eliminates the requirement in NRS 361.605 that a county treasurer file with the county auditor a monthly statement of the amount of property sold and rents collected from property that the county treasurer is holding in trust for nonpayment of taxes.

      Existing law provides for the disposition of the proceeds of a sale by a county treasurer of real property on which delinquent taxes have not been paid. (NRS 361.610) Section 12 of this bill establishes a procedure to recover any excess proceeds from such a sale and sets forth certain requirements for an agreement to locate, deliver, recover or assist in the recovery of such excess proceeds. Section 12 also provides that certain persons who are entitled to recover property from the county treasurer may authorize a person pursuant to a power of attorney, assignment or other legal instrument to file a claim and collect from the county treasurer any money owed to him, and provides immunity for a county for any losses resulting from the approval of such a claim if the claim is paid by the county treasurer in accordance with the provisions of the legal instrument.

 


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ê2007 Statutes of Nevada, Page 2504 (Chapter 472, AB 585)ê

 

or other legal instrument to file a claim and collect from the county treasurer any money owed to him, and provides immunity for a county for any losses resulting from the approval of such a claim if the claim is paid by the county treasurer in accordance with the provisions of the legal instrument.

      Section 15 of this bill revises the method set forth in NRS 338.515 to calculate the interest that a public body must pay to a contractor on amounts withheld from progress payments on public works.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2 and NRS 361.485, interest must be paid on an overpayment of the taxes imposed by this chapter at the rate of 0.5 percent per month, or fraction thereof, from the last day of the calendar month in which the overpayment was made to the last day of the calendar month in which a refund is made.

      2.  No interest is allowed:

      (a) On a refund of any penalty or interest paid by a taxpayer; or

      (b) If the ex officio tax receiver determines that the overpayment was made intentionally or by reason of carelessness.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  NRS 361.4734 is hereby amended to read as follows:

      361.4734  1.  A taxpayer who is aggrieved by a determination of the applicability of a partial abatement from taxation pursuant to NRS 361.4722, 361.4723 or 361.4724 may, if the property which is the subject of that determination:

      (a) Is not valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the [tax receiver] county assessor of the county in which the property is located. The [tax receiver shall, after consulting with the] county assessor [of that county regarding the determination and] shall, within 30 days after receiving the petition, render a decision on the petition and notify the taxpayer of that decision.

      (b) Is valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the Department. The Department shall, within 30 days after receiving the petition, render a decision on the petition and notify the taxpayer of that decision.

      2.  A taxpayer who is aggrieved by a decision rendered by a [tax receiver] county assessor or the Department pursuant to subsection 1 may, within 30 days after receiving notice of that decision, appeal the decision to the Nevada Tax Commission.

      3.  A taxpayer who is aggrieved by a determination of the Nevada Tax Commission rendered on an appeal made pursuant to subsection 2 is entitled to a judicial review of that determination.

      Sec. 5.  NRS 361.485 is hereby amended to read as follows:

      361.485  1.  Whenever any tax is paid to the ex officio tax receiver, he shall appropriately record [such] the payment and the date thereof on the tax roll contiguously with the name of the person or the description of the property liable for [such] the taxes, and shall give a receipt for [such] the payment if requested by the taxpayer.

      2.  If the assessment roll is maintained on magnetic storage files in a computer system, the requirement of subsection 1 is met if the system is capable of producing, as printed output, the assessment roll with the dates of payments shown opposite the name of the person or the description of the property liable for [such] the taxes.

 


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ê2007 Statutes of Nevada, Page 2505 (Chapter 472, AB 585)ê

 

capable of producing, as printed output, the assessment roll with the dates of payments shown opposite the name of the person or the description of the property liable for [such] the taxes.

      3.  If the amount of [an overpayment of taxes for] taxes paid on personal property :

      (a) Results in an overpayment that is less than the average cost of collecting property taxes in this State as determined by the Nevada Tax Commission, the ex officio tax receiver shall pay the amount of the overpayment into the county treasury [,] for the benefit of the general fund of the county, unless the taxpayer who made the overpayment requests a refund [.] within 6 months after the original payment. All interest paid on money deposited in the [account] county treasury pursuant to this [subsection] paragraph is the property of the county. [All requests for refunds under this section must be made within 6 months after the original payment.

      4.  A deficiency in the amount of a payment of taxes for personal property,]

      (b) Results in a deficiency, the amount of the deficiency, other than a payment for a penalty, must be exempted from collection if the amount of the deficiency is less than the average cost of collecting property taxes in this state as determined by the Nevada Tax Commission.

      4.  If the amount of taxes paid on real property:

      (a) Results in an overpayment that does not exceed the amount due by more than $5, the ex officio tax receiver shall pay the amount of the overpayment into the county treasury for the benefit of the general fund of the county, unless the taxpayer who made the overpayment requests a refund within 6 months after the original payment. All interest paid on money deposited in the county treasury pursuant to this paragraph is the property of the county.

      (b) Results in a deficiency that is $5 or less than the amount due, the ex officio tax receiver may exempt the amount of the deficiency from collection.

      Sec. 6.  NRS 361.5648 is hereby amended to read as follows:

      361.5648  1.  Within 30 days after the first Monday in March of each year, with respect to each property on which the tax is delinquent, the tax receiver of the county shall mail notice of the delinquency by first-class mail to:

      (a) The owner or owners of the property;

      (b) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; and

      (c) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189.

      2.  The notice of delinquency must state:

      (a) The name of the owner of the property, if known.

      (b) The description of the property on which the taxes are a lien.

      (c) The amount of the taxes due on the property and the penalties and costs as provided by law.

      (d) That if the amount is not paid by the taxpayer or his successor in interest:

 


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ê2007 Statutes of Nevada, Page 2506 (Chapter 472, AB 585)ê

 

             (1) The tax receiver will, at 5 p.m. on the first Monday in June of the current year, issue to the county treasurer, as trustee for the State and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after the date of the issuance of the certificate, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum , assessed monthly, from the date due until paid as provided by law, except as otherwise provided in NRS 360.232 and 360.320, and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.

             (2) A tax lien may be sold against the parcel pursuant to the provisions of NRS 361.731 to 361.733, inclusive.

      3.  Within 30 days after mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice has been mailed with respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned and the number of letters finally determined to be undeliverable. Until the period of redemption has expired, the tax receiver shall maintain detailed records which contain such information as the Department may prescribe in support of his affidavit.

      4.  A second copy of the notice of delinquency must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.

      5.  The cost of each mailing must be charged to the delinquent taxpayer.

      6.  A county and its officers and employees are not liable for any damages resulting from failure to provide actual notice pursuant to this section if the county, officer or employee, in determining the names and addresses of persons with an interest in the property, relies upon a preliminary title search from a company authorized to provide title insurance in this State.

      Sec. 7.  NRS 361.570 is hereby amended to read as follows:

      361.570  1.  Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out a certificate that describes each property on which delinquent taxes , penalties, interest and costs have not been paid. The certificate authorizes the county treasurer, as trustee for the State and county, to hold each property described in the certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.

      2.  The certificate must specify:

      (a) The amount of delinquency on each property, including the amount and year of assessment;

      (b) The taxes, and the penalties and costs added thereto, on each property, and that, except as otherwise provided in NRS 360.232 and 360.320, interest on the taxes will be added at the rate of 10 percent per annum , assessed monthly, from the date due until paid; and

      (c) The name of the owner or taxpayer of each property, if known.

      3.  The certificate must state:

      (a) [And it is hereby provided:

             (1)] That each property described in the certificate may be redeemed within 2 years after the date of the certificate; [and

             (2)] (b) That the title to each property not redeemed vests in the county for the benefit of the State and county [.

 


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ê2007 Statutes of Nevada, Page 2507 (Chapter 472, AB 585)ê

 

      (b)] ; and

      (c) That a tax lien may be sold against the parcel pursuant to the provisions of NRS 361.731 to 361.733, inclusive.

      4.  Until the expiration of the period of redemption, each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee . [, and before] Before the owner or his successor redeems the property, he [shall] must also pay the county treasurer holding the certificate any additional taxes , penalties and costs assessed and accrued against the property after the date of the certificate, together with interest on the taxes at the rate of 10 percent per annum , assessed monthly, from the date due until paid, unless otherwise provided in NRS 360.232 and 360.320.

      5.  A county treasurer shall take a certificate issued to him pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes , penalties, interest and costs due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate additional taxes, penalties, interest and costs assessed and accrued or the repayment of any of those delinquent [taxes.] amounts. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.

      Sec. 8.  NRS 361.585 is hereby amended to read as follows:

      361.585  1.  When the time allowed by law for the redemption of a property described in a certificate has expired [,] and no redemption has been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property in trust for the use and benefit of the State and county and any officers having fees due them.

      2.  The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold that property in trust until it is sold or otherwise disposed of pursuant to the provisions of this chapter.

      3.  Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or before the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person specified in subsection 4 is entitled to have the property reconveyed upon payment to the county treasurer of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against the property. A reconveyance may not be made after expiration of the 90-day period specified in NRS 361.603 or after commencement of posting or publication of public notice pursuant to NRS 361.595.

      4.  Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:

      (a) The owner.

      (b) The beneficiary under a note and deed of trust.

      (c) The mortgagee under a mortgage.

      (d) The creditor under a judgment.

      (e) The person to whom the property was assessed.

 


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ê2007 Statutes of Nevada, Page 2508 (Chapter 472, AB 585)ê

 

      [(e)] (f) The person holding a contract to purchase the property before its conveyance to the county treasurer.

      [(f)] (g) The successor in interest of any person specified in this subsection.

      5.  [Any agreement to locate, deliver, recover or assist in the recovery of any property held in trust by a county treasurer by virtue of any deed made pursuant to the provisions of this chapter:

      (a) Must:

             (1) Be in writing.

             (2) Be signed by one or more of the persons identified in subsection 4.

             (3) Include a description of the property.

             (4) Include the value of the property.

      (b) Must not impose a fee that is more than 10 percent of the total value of the property.

      6.]  The provisions of this section apply to land held in trust by a county treasurer on or after April 17, 1971.

      Sec. 9.  NRS 361.590 is hereby amended to read as follows:

      361.590  1.  If a property described in a certificate is not redeemed within the time allowed by law for its redemption, the tax receiver or his successor in office shall make to the county treasurer as trustee for the State and county a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale or, in the case of a conveyance under NRS 361.604, the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.

      2.  The deed must be recorded in the office of the county recorder within 30 days after the date of expiration of the period of redemption.

      3.  All such deeds are, except as against actual fraud, conclusive evidence that:

      (a) The property was assessed as required by law.

      (b) The property was equalized as required by law.

      (c) The taxes were levied in accordance with law.

      (d) The taxes were not paid.

      (e) At a proper time and place a certificate of delinquency was filed as prescribed by law, and by the proper officer.

      (f) The property was not redeemed.

      (g) The person who executed the deed was the proper officer.

      4.  Such deeds are, except as against actual fraud, conclusive evidence of the regularity of all other proceedings, from the assessment by the county assessor to the execution of the deed.

      5.  [The] Except as otherwise provided by specific statute, the deed conveys to the county treasurer as trustee for the State and county the property described therein, free of all encumbrances, except any easements of record for public utility purposes, any lien for taxes or assessments by any irrigation or other district for irrigation or other district purposes, and any interest and penalties on the property, except when the land is owned by the United States or this State, in which case it is prima facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for other taxes or assessments or the claim of any such district for interest or penalties.

 


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ê2007 Statutes of Nevada, Page 2509 (Chapter 472, AB 585)ê

 

      6.  No tax assessed upon any property, or sale therefor, may be held invalid by any court of this State on account of:

      (a) Any irregularity in any assessment;

      (b) Any assessment or tax roll not having been made or proceeding had within the time required by law; or

      (c) Any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the Legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed.

Ê All such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, must be presumed by all the courts of this State to be legal until the contrary is shown affirmatively.

      Sec. 10.  NRS 361.595 is hereby amended to read as follows:

      361.595  1.  Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner prescribed in this section and in NRS 361.603 or conveyed without sale as provided in NRS 361.604.

      2.  If the property is to be sold, the board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against the property as stated in the order.

      3.  Notice of the sale must be:

      (a) Posted in at least three public places in the county, including one at the courthouse and one on the property, not less than 20 days before the day of sale or, in lieu of such a posting, by publication of the notice for 20 days in some newspaper published within the county, if the board of county commissioners so directs.

      (b) Mailed by certified mail, return receipt requested, not less than 90 days before the sale, to the owner of the parcel as shown on the tax roll and to any person or governmental entity that appears in the records of the county to have a lien or other interest in the property. If the receipt is returned unsigned, the county treasurer must make a reasonable attempt to locate and notify the owner or other person or governmental entity before the sale.

      4.  Upon compliance with such an order the county treasurer shall make, execute and deliver to any purchaser, upon payment to him, as trustee, of a consideration not less than that specified in the order, [an absolute] a quitclaim deed, discharged of any trust of the property mentioned in the order.

      5.  Before delivering any such deed, the county treasurer shall record the deed at the expense of the purchaser.

      6.  All such deeds, whether issued before, on or after July 1, 1955, are primary evidence:

      (a) Of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property; and

      (b) That, if the real property was sold to pay taxes on personal property, the real property belonged to the person liable to pay the tax.

      7.  No such deed may be executed and delivered by the county treasurer until he files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his return of sale, verified, showing compliance with the order of the board of county commissioners, which constitutes primary evidence of the facts recited therein.

 


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ê2007 Statutes of Nevada, Page 2510 (Chapter 472, AB 585)ê

 

showing compliance with the order of the board of county commissioners, which constitutes primary evidence of the facts recited therein.

      8.  If the deed when regularly issued is not recorded in the office of the county recorder, the deed, and all proceedings relating thereto, is void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his own conveyance is first recorded.

      9.  The board of county commissioners shall provide its clerk with a record book in which must be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.

      Sec. 11.  NRS 361.605 is hereby amended to read as follows:

      361.605  [1.  While such] While property is held in trust [,] as provided in this chapter, the county treasurer, or his successor in office, [shall] may collect any rents arising from the property during the time [such] the property is subject to redemption. After the time of redemption has expired, until [such property can be sold, he] the property is sold, the county treasurer, or his successor in office, may rent the [same,] property, with the approval of the board of county commissioners, for a price to be fixed in its minutes. [Such rents shall] The rents must be paid out by the county treasurer, or his successor in office, [as follows:

      (a) For the payment of costs and taxes for which it was sold, with the percentage allowed for redemption.

      (b) For] for the payment of any taxes , penalties, interest and costs already assessed and afterward accruing upon [such property.

      (c) Any balance, into the general fund of his county.

      2.  The price for which any property shall be sold shall be appropriated in the same manner as the rents are directed to be paid in this section.

      3.  On the first Monday in each month, the county treasurer, or his successor in office, shall file in the office of the county auditor a monthly statement of the amount of property sold and rents collected during the past month. Upon any money being paid to the county treasurer for purchase or rent, the county treasurer shall give a statement of the amount thereof to the person, who shall file the same with the county auditor, and the county auditor shall give the person paying such money a receipt for the same, as having been paid to the county treasurer, and expressing the purpose of consideration upon which such payment was made.] the property.

      Sec. 12.  NRS 361.610 is hereby amended to read as follows:

      361.610  1.  Out of the sale price or rents of any property of which he is trustee, the county treasurer shall pay the costs due any officer for the enforcement of the tax upon the parcel of property and all taxes owing thereon, and upon the redemption of any property from him as trustee, he shall pay the redemption money over to any officers having fees due them from the parcels of property and pay the tax for which it was sold and pay the redemption percentage according to the proportion those fees respectively bear to the tax.

      2.  In no case may [any] :

      (a) Any service rendered by any officer under this chapter become or be allowed as a charge against the county [, nor may the] ; or

 


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ê2007 Statutes of Nevada, Page 2511 (Chapter 472, AB 585)ê

 

      (b) The sale price or rent or redemption money of any one parcel of property be appropriated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed.

      3.  After paying all the tax and costs upon any one parcel of property, the county treasurer shall pay into the general fund of the county, from the excess proceeds of the sale:

      (a) The first $300 of the excess proceeds; and

      (b) Ten percent of the next $10,000 of the excess proceeds.

      4.  The amount remaining after the county treasurer has paid the [amount] amounts required by subsection 3 must be deposited in an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the [money within 2 years] excess proceeds within 1 year after the deed given by the county treasurer is recorded, the county treasurer shall pay the money into the general fund of the county, and it must not thereafter be refunded to the former property owner or his successors in interest. All interest paid on money deposited in the account required by this subsection is the property of the county.

      5.  If a person who would have been entitled to receive reconveyance of the property pursuant to NRS 361.585 makes a claim in writing for the [balance within 2 years] excess proceeds within 1 year after the deed is recorded, the county treasurer shall pay [it or his] the claim or the proper portion of the claim over to [him if he] the person if the county treasurer is satisfied that the person is entitled to it.

      6.  A claim for excess proceeds must be paid out in the following order of priority to:

      (a) The persons specified in paragraphs (b), (c), (d) and (g) of subsection 4 of NRS 361.585 in the order of priority of the recorded liens; and

      (b) Any person specified in paragraphs (a), (e) and (f) of subsection 4 of NRS 361.585.

      7.  The county treasurer shall approve or deny a claim within 30 days after the period described in subsection 4 for filing a claim has expired. Any records or other documents concerning a claim shall be deemed the working papers of the county treasurer and are confidential. If more than one person files a claim, and the county treasurer is not able to determine who is entitled to the excess proceeds, the matter must be submitted to mediation.

      8.  If the mediation is not successful, the county treasurer shall:

      (a) Conduct a hearing to determine who is entitled to the excess proceeds; or

      (b) File an action for interpleader.

      9.  A person who is aggrieved by a determination of the county treasurer pursuant to this section may, within 90 days after he receives notice of the determination, commence an action for judicial review of the determination in district court.

      10.  Any agreement to locate, deliver, recover or assist in the recovery of remaining excess proceeds of a sale which is entered into by a person who would have been entitled to receive reconveyance of the property pursuant to subsection 4 of NRS 361.585 must:

 


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ê2007 Statutes of Nevada, Page 2512 (Chapter 472, AB 585)ê

 

      (a) Be in writing.

      (b) Be signed by the person who would have been entitled to receive reconveyance.

      (c) Not provide for a fee of more than 10 percent of the total remaining excess proceeds of the sale due that person.

      11.  In addition to authorizing a person pursuant to an agreement described in subsection 10 to file a claim and collect from the county treasurer any property owed to him, a person described in subsection 4 of NRS 361.585 may authorize a person pursuant to a power of attorney, assignment or any other legal instrument to file a claim and collect from the county treasurer any property owed to him. The county is not liable for any losses resulting from the approval of the claim if the claim is paid by the county treasurer in accordance with the provisions of the legal instrument.

      Sec. 13.  NRS 361.620 is hereby amended to read as follows:

      361.620  The additional penalties , interest and costs provided for in this chapter [shall] must be paid into the county general fund for the use of the county.

      Sec. 14.  NRS 361.635 is hereby amended to read as follows:

      361.635  1.  [Within 3 days after making the publication required by NRS 361.565, or after the last publication if more than one is made,] Not later than the second Monday in June, the county treasurer:

      (a) [Shall] May, and shall when directed by the board of county commissioners, prepare and deliver to the district attorney of [his] the county a list certified [to by him] by the county treasurer of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $3,000 or more.

      (b) May prepare and deliver to the district attorney of [his] the county, a list certified [to by him] by the county treasurer of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $1,000 or more but less than $3,000.

      2.  If the delinquent taxes specified in the certified list , and penalties , interest and costs , are not paid to the county treasurer as ex officio tax receiver within 20 days after the date of delivery of the certified list to the district attorney, the district attorney may, and shall when directed by the board of county commissioners, immediately commence an action for the collection of the delinquent taxes, penalties , interest and costs.

      3.  The remedy prescribed by this section is in addition to any other remedies provided by law for the collection of delinquent taxes [.] , penalties, interest and costs.

      Sec. 15.  NRS 338.515 is hereby amended to read as follows:

      338.515  1.  Except as otherwise provided in NRS 338.525, a public body and its officers or agents awarding a contract for a public work shall pay or cause to be paid to a contractor the progress payments due under the contract within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. Not more than 90 percent of the amount of any progress payment may be paid until 50 percent of the work required by the contract has been performed. Thereafter , the public body may pay any of the remaining progress payments without withholding additional retainage if, in the opinion of the public body, satisfactory progress is being made in the work.

 


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ê2007 Statutes of Nevada, Page 2513 (Chapter 472, AB 585)ê

 

      2.  Except as otherwise provided in NRS 338.525, a public body shall identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that:

      (a) Are identified in the contract;

      (b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in a public work; and

      (c) Are in short supply or were specially made for the public work,

Ê within 30 days after the public body receives a progress bill from the contractor for those supplies, materials or equipment.

      3.  A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on any amount withheld by the public body pursuant to NRS 338.400 to 338.645, inclusive, at a rate equal to the rate quoted by at least three [financial institutions] insured banks, credit unions or savings and loan associations in this State as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until:

      (a) The end of a subsequent quarter after which the amount of interest due is $500 or more;

      (b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or

      (c) The amount withheld under the contract is due pursuant to NRS 338.520,

Ê whichever occurs first.

      4.  If the Labor Commissioner has reason to believe that a workman is owed wages by a contractor or subcontractor, he may require the public body to withhold from any payment due the contractor under this section and pay the Labor Commissioner instead, an amount equal to the amount the Labor Commissioner believes the contractor owes to the workman. This amount must be paid [to the workman] by the Labor Commissioner to the workman if the matter is resolved in his favor, otherwise it must be returned to the public body for payment to the contractor.

      Sec. 16.  NRS 361.575 is hereby repealed.

      Sec. 17.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 2514ê

 

CHAPTER 473, AB 158

Assembly Bill No. 158–Assemblymen Bobzien, Leslie, Gansert, Parks, Buckley, Allen, Anderson, Arberry, Atkinson, Conklin, Gerhardt, Hardy, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, McClain, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith and Womack

 

Joint Sponsors: Senators Horsford, Titus, Townsend, Wiener and Woodhouse

 

CHAPTER 473

 

AN ACT relating to health care; requiring the Secretary of State to establish and maintain the Registry of Advance Directives for Health Care on his Internet website; establishing the requirements to register an advance directive and to obtain access to an advance directive in the Registry; providing civil and criminal immunity to providers of health care and the Secretary of State, his deputies, employees and attorneys under certain circumstances; requiring the Secretary of State to make certain determinations before performing certain duties; requiring the Secretary of State to conduct an interim study of the Registry; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a person may provide an advance directive concerning his health care in the form of a declaration governing the withholding or withdrawal of life-sustaining treatment, a durable power of attorney for health care decisions or a do-not-resuscitate order. (NRS 449.535-449.690, 449.800-449.860, 450B.420)

      Section 6 of this bill requires the Secretary of State to establish and maintain the Registry of Advance Directives for Health Care by posting a digital photograph of each advance directive to a secure portion of his Internet website.

      Section 7 of this bill establishes the procedures that a person must follow to register his advance directive with the Secretary of State and obtain the registration number and password that are needed to access his advance directive in the registry.

      Section 8 of this bill requires any person requesting access to an advance directive in the Registry to provide the correct registration number and password. Section 8 also restricts access to a person’s advance directive in the Registry to the registrant and his personal representative or provider of health care unless: (1) the registrant requests that another person be granted access; (2) the Secretary of State determines that the access is in the registrant’s best interest; or (3) the access is necessary to comply with a court order.

      Section 10 of this bill provides that the Secretary of State is not required to determine whether an advance directive is accurate or valid before posting it to the Registry and clarifies that the validity of an advance directive or a revocation of an advance directive is not affected by posting or failing to post the advance directive to the Registry.

      Sections 11 and 12 of this bill provide civil and criminal immunity for providers of health care and the Secretary of State, his deputies, employees and attorneys in connection with the Registry if they act in good faith.

      Section 13 of this bill authorizes the Secretary of State to charge fees and accept contributions to establish and maintain the Registry. Section 13 also requires the Secretary of State to determine at the beginning of each fiscal year whether sufficient money is available to fund one or more components of the programs and duties of the Secretary of State relating to sections 2-15 of this bill.

 


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ê2007 Statutes of Nevada, Page 2515 (Chapter 473, AB 158)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Advance directive” means an advance directive for health care. The term includes:

      1.  A declaration governing the withholding or withdrawal of life-sustaining treatment as set forth in NRS 449.535 to 449.690, inclusive;

      2.  A durable power of attorney for health care decisions as set forth in NRS 449.800 to 449.860, inclusive; and

      3.  A do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 4.  “Registrant” means a person whose advance directive is registered with the Secretary of State pursuant to section 7 of this act.

      Sec. 5.  “Registry” means the Registry of Advance Directives for Health Care established by the Secretary of State pursuant to section 6 of this act.

      Sec. 6.  The Secretary of State shall establish and maintain the Registry of Advance Directives for Health Care on his Internet website. The Registry must include, without limitation, in a secure portion of the website, an electronic reproduction of each advance directive. The electronic reproduction must be capable of being viewed on the website and downloaded, printed or otherwise retrieved by a person as set forth in section 8 of this act.

      Sec. 7.  1.  A person who wishes to register an advance directive must submit to the Secretary of State:

      (a) An application in the form prescribed by the Secretary of State;

      (b) A copy of the advance directive; and

      (c) The fee, if any, established by the Secretary of State pursuant to section 13 of this act.

      2.  If the person satisfies the requirements of subsection 1, the Secretary of State shall:

      (a) Make an electronic reproduction of the advance directive and post it to the Registry;

      (b) Assign a registration number and password to the registrant; and

      (c) Provide the registrant with a registration card that includes, without limitation, the name, registration number and password of the registrant.

      3.  The Secretary of State shall establish procedures for:

      (a) The registration of an advance directive that replaces an advance directive that is posted on the Registry;

      (b) The removal from the Registry of an advance directive that has been revoked following the revocation of the advance directive or the death of the registrant; and

      (c) The issuance of a duplicate registration card or the provision of other access to the registrant’s registration number and password if a registration card issued pursuant to this section is lost, stolen, destroyed or otherwise unavailable.

 


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ê2007 Statutes of Nevada, Page 2516 (Chapter 473, AB 158)ê

 

      Sec. 8.  1.  Except as otherwise provided in this section, the Secretary of State shall not provide access to a registrant’s advance directive unless:

      (a) The person requesting access provides the registration number and password of the registrant;

      (b) The Secretary of State determines that providing access to the advance directive is in the best interest of the registrant;

      (c) Access to the advance directive is required pursuant to the lawful order of a court of competent jurisdiction; or

      (d) Access to the advance directive is requested by the registrant or his personal representative.

      2.  A registrant or the personal representative of a registrant may access the registrant’s advance directive for any purpose. A provider of health care to the registrant may access the registrant’s advance directive only in connection with the provision of health care to the registrant.

      Sec. 9.  The Secretary of State shall remove from the Registry the advance directives of deceased registrants. The State Registrar of Vital Statistics shall cooperate with the Secretary of State to identify registrants whose advance directives must be removed from the Registry. The Secretary of State shall remove from the Registry the advance directives of deceased registrants at least once every 5 years.

      Sec. 10.  1.  The provisions of sections 2 to 15, inclusive, of this act do not require the Secretary of State to determine whether the contents of an advance directive submitted for registration are accurate or the execution or issuance of the advance directive complies with the requirements necessary to make the advance directive valid.

      2.  The registration of an advance directive does not establish or create a presumption that the contents of the advance directive are accurate or the execution or issuance of the advance directive complies with the requirements necessary to make the advance directive valid.

      3.  Failure to register an advance directive does not affect the validity of the advance directive.

      4.  Failure to notify the Secretary of State of the revocation of a registrant’s advance directive does not affect the validity of the revocation.

      Sec. 11.  1.  The provisions of sections 2 to 15, inclusive, of this act do not require a provider of health care to inquire whether a patient has an advance directive registered on the Registry or to access the Registry to determine the terms of the advance directive.

      2.  A provider of health care who relies in good faith on the provisions of an advance directive retrieved from the Registry is immune from criminal and civil liability as set forth in:

      (a) NRS 449.630, if the advance directive is a declaration governing the withholding or withdrawal of life-sustaining treatment executed pursuant to NRS 449.535 to 449.690, inclusive, or a durable power of attorney for health care decisions executed pursuant to NRS 449.800 to 449.860, inclusive; or

      (b) NRS 450B.540, if the advance directive is a do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 12.  The Secretary of State and the deputies, employees and attorneys of the Secretary of State are not liable for any action or omission made in good faith by the Secretary of State, deputy, employee or attorney in carrying out the provisions of sections 2 to 15, inclusive, of this act.

 


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ê2007 Statutes of Nevada, Page 2517 (Chapter 473, AB 158)ê

 

      Sec. 13.  1.  On or before July 1 of each odd-numbered year, the Secretary of State shall make a determination of whether sufficient money is available and authorized for expenditure to fund one or more components of the programs and other duties of the Secretary of State relating to sections 2 to 15, inclusive, of this act.

      2.  The Secretary of State shall temporarily suspend any components of the programs or duties of the Secretary of State for which he determines pursuant to subsection 1 that sufficient money is not available.

      3.  The Secretary of State may charge and collect fees and accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of sections 2 to 15, inclusive, of this act.

      Sec. 14.  1.  All money received by the Secretary of State pursuant to sections 2 to 15, inclusive, of this act must be:

      (a) Deposited in the State Treasury and accounted for separately in the State General Fund; and

      (b) Used only for the purpose of carrying out the provisions of sections 2 to 15, inclusive, of this act.

      2.  The Secretary of State shall administer the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

      3.  The money in the account does not lapse to the State General Fund at the end of any fiscal year.

      4.  Claims against the account must be paid as other claims against the State are paid.

      Sec. 15.  The Secretary of State may adopt regulations to carry out the provisions of sections 2 to 15, inclusive, of this act.

      Sec. 16.  To the extent money is available and authorized for use for the purposes set forth in this section:

      1.  The Secretary of State shall conduct a study of the Registry of Advance Directives for Health Care.

      2.  In conducting the study pursuant to subsection 1, the Secretary of State shall work in consultation with and solicit advice and recommendations from the Nevada Center for Ethics and Health Policy of the University of Nevada, Reno.

      3.  The Secretary of State shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

      Sec. 17.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2007, for all other purposes.

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ê2007 Statutes of Nevada, Page 2518 (Chapter 473, AB 158)ê

 

EMERGENCY REQUEST of Assembly Minority Leader

 

CHAPTER 474, AB 624

Assembly Bill No. 624–Assemblymen Goicoechea, Goedhart, Carpenter, Grady, Beers, Hardy and Settelmeyer

 

CHAPTER 474

 

AN ACT relating to special fuel; providing that a farm vehicle or special mobile equipment that contains dyed special fuel in the fuel tank may be operated on certain highways in this State under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows a farm vehicle that contains dyed special fuel in the fuel tank to be operated on a highway in this State only when it is crossing the highway from one parcel of land to another parcel of land which is owned by or under the control of the person operating the farm vehicle. (NRS 366.203) This bill provides that any farm vehicle that is not required to be registered with the Department of Motor Vehicles or special mobile equipment that is incidentally operated or moved upon a highway may contain dyed special fuel in the fuel tank of the farm vehicle or special mobile equipment while it is operated on certain highways in this State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 366.203 is hereby amended to read as follows:

      366.203  1.  Special fuel, other than compressed natural gas, liquefied petroleum gas or kerosene, which is exempt from the tax pursuant to subsection 3 or 4 of NRS 366.200 must be dyed before it is removed for distribution from a rack. The dye added to the exempt special fuel must be of the color and concentration required by the regulations adopted by the Secretary of the Treasury pursuant to 26 U.S.C. § 4082.

      2.  Except as otherwise provided in subsections 3 [, 4 and 5,] and 4, a person shall not operate or maintain on any highway in this State a motor vehicle which contains dyed special fuel in the fuel tank of that vehicle. A person who operates or maintains a motor vehicle in violation of this subsection and the registered owner of the motor vehicle are jointly and severally liable for any taxes, penalties and interest payable to the Department.

      3.  A person who, pursuant to subsection 2, 3 or 4 of NRS 366.200, is exempt from the tax imposed by this chapter may operate or maintain a motor vehicle on a highway in this State which contains dyed special fuel in the fuel tank of that vehicle.

      4.  [To the extent permitted by federal law, a] A person may operate or maintain on a highway in this State any special mobile equipment that is incidentally operated or moved upon a highway or farm equipment [that] which contains dyed special fuel in the fuel tank of the special mobile equipment or farm equipment. As used in this subsection:

      (a) “Farm equipment” means any self-propelled machinery or motor vehicle that is designed solely for tilling soil or for cultivating, harvesting or transporting crops or other agricultural products [from a field or other area owned or leased by the operator of the farm equipment and in which the crops or agricultural products are grown, to a field, yard, silo, cellar, shed or other facility which is:

 


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ê2007 Statutes of Nevada, Page 2519 (Chapter 474, AB 624)ê

 

owned or leased by the operator of the farm equipment and in which the crops or agricultural products are grown, to a field, yard, silo, cellar, shed or other facility which is:

             (1) Owned or leased by the operator of the farm equipment; and

             (2) Used to store or process the crops or agricultural products.

Ê] and which is not required to be registered with the Department. The term includes a tractor, baler or swather , [or] any implement used to retrieve hay [.] , or any special mobile equipment that is used for farming purposes. The term does not include a truck-tractor or any other vehicle primarily used for hauling loads long distances over a public highway.

      (b) “Highway” does not include a controlled-access highway as defined in NRS 484.041.

      (c) “Truck-tractor” has the meaning ascribed to it in NRS 482.130.

      (d) “Vehicle” has the meaning ascribed to it in NRS 482.135.

      [5.  To the extent authorized by federal law, a person may operate or maintain a motor vehicle on a highway in this State that contains dyed special fuel in the fuel tank if the motor vehicle is used only to cross the highway to travel from one parcel of land owned or controlled by the person to another parcel of land owned or controlled by the person.

      6.] 5.  There is a rebuttable presumption that all special fuel which is not dyed special fuel and which is sold or distributed in this State is for the purpose of propelling a motor vehicle.

      6.  The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2007 Statutes of Nevada, Page 2520ê

 

CHAPTER 475, AB 615

Assembly Bill No. 615–Committee on Ways and Means

 

CHAPTER 475

 

AN ACT relating to local financial administration; revising provisions governing certain general obligations of school districts; revising provisions governing loans from the investment portfolios of certain cities and consolidated municipalities; revising provisions governing the guarantee of bonds of school districts with money from the State Permanent School Fund; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, if a municipality proposes to issue or incur general obligation bonds, the proposal must be submitted to the electors at an election. Existing law provides an exception from this election requirement for the issuance of general obligation bonds of school districts if the issuance of the bonds is not expected to result in an increase in the existing property tax levy and the electors have approved a question that authorizes the issuance of bonds for 10 years after the date of approval. (NRS 350.020) Section 1 of this bill provides that such a question may authorize the transfer of any excess revenue generated to the fund for capital projects of the school district for the payment of capital projects which can lawfully be paid from that fund.

      Existing law authorizes the investment and reinvestment of revenues and proceeds of bonds by an investment contract that is collateralized with federal securities in a municipality whose population is 50,000 or more for which the amount of principal of the original issuance was $10,000,000 or more. (NRS 350.659) Section 2 of this bill revises these provisions to apply to a local government in a county whose population is 20,000 or more for which the amount of principal of the original issuance was $5,000,000 or more. Section 2 also imposes additional conditions for the investment and reinvestment.

      Existing law authorizes the governing body of a city or consolidated municipality whose population is 60,000 or more but less than 150,000 (currently North Las Vegas and Sparks) to lend securities from its investment portfolio under certain circumstances. (NRS 355.178) Section 3 of this bill changes the range of population to include a city or consolidated municipality whose population is 25,000 or more but less than 150,000 (currently North Las Vegas, Sparks and Carson City).

      Existing law authorizes the board of trustees of a school district to apply to the State Treasurer for a guarantee agreement whereby money in the State Permanent School Fund is used to guarantee the payment of the debt service on bonds of the school district. The amount of the guarantee of each school district outstanding at any one time must not exceed $25,000,000. (NRS 387.513-387.528) Section 4 of this bill increases the amount of the guarantee of each school district outstanding at any one time to $40,000,000.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise provided by subsections 3 and 4, if a municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next general municipal election or general state election.

      2.  Such a special election may be held:

 

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