Link to Page 216

 

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ê2007 Statutes of Nevada, Page 217ê

 

CHAPTER 76, AB 22

Assembly Bill No. 22–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 76

 

AN ACT relating to state property; authorizing the State Land Registrar to transfer certain real property owned by the State of Nevada to Washoe County and the Sierra Fire Protection District; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      The State Land Registrar may transfer land owned by the State of Nevada. (NRS 321.003)

      Section 1 of this bill authorizes the State Land Registrar to transfer certain real property owned by the State of Nevada to Washoe County and the Sierra Fire Protection District. Section 2 of this bill requires deed restrictions concerning future use of the transferred property to provide fire protection services and consent of the State on any transfer of property by the fire protection district. Section 3 of this bill provides a legal description of the real property that the State Land Registrar is authorized to transfer to Washoe County and the Sierra Fire Protection District.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The State Land Registrar may transfer to:

      1.  The Sierra Fire Protection District, without consideration, all the interest of the State of Nevada in the real property described in subsection 1 of section 3 of this act. If the real property is transferred pursuant to this subsection, the Sierra Fire Protection District shall pay the costs relating to the transfer of the real property.

      2.  Washoe County, without consideration, all the interest of the State of Nevada in the real property described in subsection 2 of section 3 of this act. If the real property is transferred pursuant to this subsection, Washoe County shall pay the costs relating to the transfer of the real property.

      Sec. 2.  If the real property is transferred to the Sierra Fire Protection District pursuant to subsection 1 of section 1 of this act, the deed from the State of Nevada to the Sierra Fire Protection District must:

      1.  Include restrictions that:

      (a) Require the use of the property for the provision of services for fire protection; and

      (b) Prohibit the Sierra Fire Protection District or any successor in title from transferring the property without the consent of the State of Nevada; and

      2.  Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in subsection 1.

      Sec. 3.  1.  The real property that may be transferred to the Sierra Fire Protection District is commonly known as the Joy Lake Fire Station and is described as follows:

 


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ê2007 Statutes of Nevada, Page 218 (Chapter 76, AB 22)ê

 

       Parcel “A” of St. James’s Village Unit 1B, according to the official map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on June 23, 1995, under File No. 1902968, as Tract Map No. 3155.

 

      2.  The real property that may be transferred to Washoe County is located in the town of Verdi, Nevada, and is described as follows:

 

       All that certain tract, piece or parcel of land situate, lying and being in the northwest quarter of Section 17, T. 19 N., R. 18 E., M.D.B. & M., and more particularly described as follows: All of Lot 8 and the easterly 10 feet of Lot 9, Block H of the Town of Verdi, County of Washoe, State of Nevada.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 77, SB 30

Senate Bill No. 30–Committee on Judiciary

 

CHAPTER 77

 

AN ACT relating to local facilities for detention; revising the provisions governing the early release of prisoners from county or city jails to relieve overcrowding; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the chief judge of a judicial district to grant authority to the sheriff or other officer in charge of a jail to release certain prisoners when the number of prisoners exceeds the number of beds available in the jail. (NRS 211.240) This bill changes the standard from the number of beds available in the jail to the operational capacity of the jail.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 211.240 is hereby amended to read as follows:

      211.240  1.  Except as otherwise provided in subsection 2, the sheriff with respect to a county jail, or the officer in charge with respect to a city jail, may apply to the chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. After considering the application, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days.

      2.  In a county in which there is not a city jail, the sheriff may apply to the chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. Upon receipt of such an application, the chief judge shall consult with a justice of the peace designated by the justices of the peace for the county and a judge designated by the municipal courts for the county. After the consultation, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order.

 


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ê2007 Statutes of Nevada, Page 219 (Chapter 77, SB 30)ê

 

may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days.

      3.  At any time within the duration of an authority granted when the number of prisoners exceeds the [number of beds available in] operational capacity of the jail, the sheriff or other officer in charge may release the lesser of:

      (a) The number of prisoners eligible under this section; or

      (b) The difference between the number of prisoners and the [number of beds.] operational capacity of the jail.

      4.  A prisoner is eligible for release only if:

      (a) He has served at least 75 percent of his sentence;

      (b) He is not serving a sentence for a crime for which a mandatory sentence is required by statute;

      (c) He is not serving a sentence for a crime which involved an act of violence; and

      (d) He does not pose a danger to the community.

      5.  Among prisoners eligible, priority must be given to those whose expiration of sentence or other release is closest.

      6.  A prisoner released pursuant to this section may be required to remain on residential confinement for the remainder of his sentence or may be required to participate in another alternative program of supervision.

      7.  As used in this section, “operational capacity” means the number of prisoners that may be safely housed in a jail in compliance with the regulations governing the sanitation, healthfulness, cleanliness and safety of the jail that are adopted by the State Board of Health pursuant to NRS 444.335.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê2007 Statutes of Nevada, Page 220ê

 

CHAPTER 78, AB 2

Assembly Bill No. 2–Assemblyman Anderson

 

CHAPTER 78

 

AN ACT relating to automotive repairs; requiring a garage or body shop to repair a motor vehicle in accordance with the specifications of the manufacturer of the motor vehicle and the written estimate or statement of the cost of repairs most recently agreed upon by the garage or body shop and the person authorizing the repairs; requiring a body shop to comply with certain other requirements relating to the repair of a motor vehicle; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a garage is required to display a sign in a conspicuous area of the garage setting forth the rights of the customer, including, without limitation, the right to receive a written estimate of charges and to inspect all replaced parts. (NRS 597.490) In addition, garages that perform repairs of $50 or more on motor vehicles are required by existing law to provide the person authorizing the repairs with a written estimate of the total cost to repair the motor vehicle. (NRS 597.510) If additional charges are required to perform the repairs, the garage is required to obtain the consent of the person authorizing the repairs before it may perform the repairs for the additional charges. (NRS 597.520, 597.540) A person authorizing repairs of a motor vehicle may waive the requirement for a written estimate or approval of additional charges. (NRS 597.530)

      Section 1 of this bill requires garages and body shops to perform repairs to a motor vehicle in accordance with the specifications of the manufacturer of the motor vehicle, if any, and the written estimate or statement of the cost of the repairs that is most recently agreed upon by the body shop or garage and the person authorizing the repairs.

      Sections 2-10 of this bill make existing provisions of law that are applicable to garages and garagemen also apply to body shops. Those provisions include, without limitation, the requirement to post a sign in a conspicuous area of the body shop setting forth the rights of customers of the body shop.

      Sections 11 and 12 of this bill authorize injunctive relief and civil penalties for a violation of the provisions of section 1 of this bill. Section 16 of this bill authorizes the Department of Motor Vehicles to refuse to issue a license or to suspend, revoke or refuse to renew the license of a body shop for willful failure to comply with the provisions of section 1 of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a body shop or garage performs repairs on a motor vehicle, the body shop or garage shall perform the repairs in accordance with any specifications of the manufacturer of the motor vehicle, and the written estimate or statement of the cost of the repairs that is most recently agreed upon by the body shop or garage and the person authorizing repairs.

      Sec. 2.  NRS 597.480 is hereby amended to read as follows:

      597.480  As used in NRS 597.480 to 597.590, inclusive, and section 1 of this act, unless the context otherwise requires:

 


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ê2007 Statutes of Nevada, Page 221 (Chapter 78, AB 2)ê

 

      1.  “Body shop” has the meaning ascribed to it in NRS 487.600.

      2.  “Garage” has the meaning ascribed to it in NRS 487.540.

      [2.] 3.  “Garageman” has the meaning ascribed to it in NRS 487.545.

      [3.] 4.  “Motor vehicle” means:

      (a) A motorcycle as defined in NRS 482.070;

      (b) A motortruck as defined in NRS 482.073 if the gross weight of the vehicle does not exceed 10,000 pounds;

      (c) A passenger car as defined in NRS 482.087;

      (d) A mini motor home as defined in NRS 482.066;

      (e) A motor home as defined in NRS 482.071; and

      (f) A recreational vehicle as defined in NRS 482.101.

      [4.] 5.  “Person authorizing repairs” means a person who uses the services of a garage. The term includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance.

      Sec. 3.  NRS 597.490 is hereby amended to read as follows:

      597.490  1.  Each garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

REGISTERED GARAGE

 

THIS GARAGE IS REGISTERED WITH THE

DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

 

AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is REGISTERED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 597.490)

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 597.510)

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 597.490)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 597.550)

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 597.550)

 


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ê2007 Statutes of Nevada, Page 222 (Chapter 78, AB 2)ê

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 597.520)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.035)

 

YOU have the right to a FAIR RESOLUTION of any dispute that develops concerning the repair of your vehicle. (NRS 597.490)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF BUSINESS AND INDUSTRY

 

CONSUMER AFFAIRS DIVISION

 

IN CLARK COUNTY: (702) 486-7355

 

ALL OTHER AREAS TOLL-FREE: 1-800-326-5202

 

      2.  Each body shop shall display conspicuously in those areas of its place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

LICENSED BODY SHOP

 

THIS BODY SHOP IS LICENSED BY THE

DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

 

AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is LICENSED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 597.490)

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 597.510)

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 597.490)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 597.550)

 


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ê2007 Statutes of Nevada, Page 223 (Chapter 78, AB 2)ê

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 597.550)

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 597.520)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.035)

 

YOU have the right to a FAIR RESOLUTION of any dispute that develops concerning the repair of your vehicle. (NRS 597.490)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF BUSINESS AND INDUSTRY

 

CONSUMER AFFAIRS DIVISION

 

IN CLARK COUNTY: (702) 486-7355

 

ALL OTHER AREAS TOLL-FREE: 1-800-326-5202

 

      3.  The sign required pursuant to the provisions of subsection 1 or 2 must include a replica of the great seal of the State of Nevada. The seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”

      [3.] 4.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 4.  NRS 597.500 is hereby amended to read as follows:

      597.500  Whenever any body shop or garageman accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, [he] the body shop or garageman shall comply with the provisions of NRS 597.510 to 597.570, inclusive [.] , and section 1 of this act.

      Sec. 5.  NRS 597.510 is hereby amended to read as follows:

      597.510  1.  Except as otherwise provided in NRS 597.530, a person requesting or authorizing the repair of a motor vehicle that is more than $50 must be furnished an estimate or statement signed by the person making the estimate or statement on behalf of the body shop or garageman, indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to perform the work.

      2.  If the estimate is for the purpose of diagnosing a malfunction, the estimate must include the cost of:

      (a) Diagnosis and disassembly; and

      (b) Reassembly, if the person does not authorize the repair.

      3.  The provisions of this section do not require a body shop or garageman to reassemble a motor vehicle if he determines that the reassembly of the motor vehicle would render the vehicle unsafe to operate.

 


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ê2007 Statutes of Nevada, Page 224 (Chapter 78, AB 2)ê

 

      Sec. 6.  NRS 597.520 is hereby amended to read as follows:

      597.520  Except as otherwise provided in NRS 597.530, if it is determined that additional charges are required to perform the repair authorized, and those additional charges exceed, by 20 percent or $100, whichever is less, the amount set forth in the estimate or statement required to be furnished pursuant to the provisions of NRS 597.510, the body shop or garageman shall notify the [person authorizing the repairs] owner and insurer of the motor vehicle of the amount of those additional charges.

      Sec. 7.  NRS 597.540 is hereby amended to read as follows:

      597.540  1.  [A person authorizing repairs] An owner and the insurer of a motor vehicle who [has] have been notified of additional charges pursuant to NRS 597.520 shall:

      (a) Authorize the performance of the repair at the additional expense; or

      (b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.

      2.  Until the election provided for in subsection 1 has been made, the body shop or garageman shall not undertake any repair which would involve such additional charges.

      3.  If the [person] owner or insurer of the motor vehicle elects to take possession of the motor vehicle but fails to take possession within a 24-hour period after [such] the election, the body shop or garageman may charge for storage of the vehicle.

      Sec. 8.  NRS 597.550 is hereby amended to read as follows:

      597.550  1.  Whenever the repair work performed on a motor vehicle requires the replacement of any parts or accessories, the body shop or garageman shall, at the request of the person authorizing the repairs or any person entitled to possession of the motor vehicle, deliver to [such] the person all parts and accessories replaced as a result of the work done.

      2.  The provisions of subsection 1 do not apply to parts or accessories which must be returned to a manufacturer or distributor under a warranty arrangement or which are subject to exchange, but the customer on request is entitled to be shown [such] the warranty parts for which a charge is made.

      Sec. 9.  NRS 597.560 is hereby amended to read as follows:

      597.560  The body shop or garageman shall retain copies of any estimate, statement or waiver required by NRS 597.510 to 597.550, inclusive, as an ordinary business record of the body shop or garage, for a period of not less than 1 year [from] after the date [such] the estimate, statement or waiver is signed.

      Sec. 10.  NRS 597.570 is hereby amended to read as follows:

      597.570  In every instance where charges are made for the repair of a motor vehicle [,] by a garageman, the garageman making the repairs shall comply with the provisions of NRS 487.035 as well as the provisions of NRS 597.510 to 597.550, inclusive. [He] A garageman is not entitled to detain a motor vehicle by virtue of any common law or statutory lien, or otherwise enforce such a lien, [nor shall he have the right] or to sue on any contract for repairs made by him, unless he has complied with the requirements of NRS 597.510 to 597.550, inclusive, in addition to those of NRS 487.035.

      Sec. 11.  NRS 597.580 is hereby amended to read as follows:

      597.580  The Attorney General or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the Commissioner of Consumer Affairs or of any person allegedly aggrieved by such violation to enjoin any violation of the provisions of NRS 597.510 to 597.570, inclusive [.]

 


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ê2007 Statutes of Nevada, Page 225 (Chapter 78, AB 2)ê

 

any person allegedly aggrieved by such violation to enjoin any violation of the provisions of NRS 597.510 to 597.570, inclusive [.] , and section 1 of this act.

      Sec. 12.  NRS 597.590 is hereby amended to read as follows:

      597.590  Any person who knowingly violates any provision of NRS 597.500 to 597.570, inclusive, and section 1 of this act is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of not more than $500 for each offense, which may be recovered by civil action on complaint of the Commissioner of Consumer Affairs, the Director of the Department of Business and Industry or the district attorney.

      Sec. 13.  NRS 598.990 is hereby amended to read as follows:

      598.990  The Division shall:

      1.  Establish and maintain a toll-free telephone number for persons to report to the Division information concerning alleged violations of NRS 487.035, 487.530 to 487.570, inclusive, 597.480 to 597.590, inclusive, and section 1 of this act, and 598.0903 to 598.0999, inclusive.

      2.  Develop a program to provide information to the public concerning:

      (a) The duties imposed on a body shop by the provisions of NRS 487.035, 487.610 to 487.690, inclusive, and 597.480 to 597.590, inclusive, and section 1 of this act;

      (b) The duties imposed on a garageman by the provisions of NRS 487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive [;

      (b)] , and section 1 of this act;

      (c) The rights and protections established for a person who uses the services of a garage;

      [(c)] (d) The repair of motor vehicles; and

      [(d)] (e) Deceptive trade practices relating to the repair of motor vehicles by a garage.

      Secs. 14 and 15.  (Deleted by amendment.)

      Sec. 16.  NRS 487.650 is hereby amended to read as follows:

      487.650  1.  The Department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:

      (a) Failure of the applicant or licensee to have or maintain an established place of business in this State.

      (b) Conviction of the applicant or licensee or an employee of the applicant or licensee of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (c) Any material misstatement in the application for the license.

      (d) Willful failure of the applicant or licensee to comply with the motor vehicle laws of this State and NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive [.] , and section 1 of this act.

      (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.

      (f) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.

      (g) A finding of guilt by a court of competent jurisdiction in a case involving a fraudulent inspection, purchase, sale or transfer of a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

 


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ê2007 Statutes of Nevada, Page 226 (Chapter 78, AB 2)ê

 

      (h) An improper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.800 by the applicant or licensee or an employee of the applicant or licensee.

      (i) A false statement of material fact in a certification of a salvage vehicle pursuant to NRS 487.800 or a record regarding a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      2.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for [such] licensure.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

      Sec. 17.  (Deleted by amendment.)

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CHAPTER 79, AB 266

Assembly Bill No. 266–Assemblymen Atkinson, Parks, Anderson, Bobzien, Buckley, Denis, Gerhardt, Goedhart, Goicoechea, Horne, Kihuen, Kirkpatrick, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Pierce, Segerblom, Settelmeyer, Smith, Stewart and Womack

 

CHAPTER 79

 

AN ACT relating to motor vehicles; requiring the owner of a motor vehicle that has been declared a total loss to forward the endorsed certificate of title to the insurance company within 30 days after accepting a settlement; requiring the Department of Motor Vehicles to issue a salvage title or nonrepairable vehicle certificate to an insurance company for a salvage vehicle in the absence of an endorsed certificate of title under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that when an insurance company acquires a motor vehicle as a result of a settlement in which a motor vehicle has been declared a total loss, the owner of the motor vehicle must endorse and forward the certificate of title to the motor vehicle to the insurance company. The insurance company must then forward the endorsed certificate of title, together with an application for a salvage title to the Department of Motor Vehicles within 30 days after receipt of the endorsed certificate of title. (NRS 487.800) Section 2 of this bill requires the owner of the motor vehicle who is relinquishing ownership to forward the endorsed certificate of title to the insurance company within 30 days after accepting the settlement.

 


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ê2007 Statutes of Nevada, Page 227 (Chapter 79, AB 266)ê

 

      Existing law provides that if an endorsed certificate of title is not available, any applicant may apply to the Department for a salvage title. The Department may examine the circumstances and review affidavits or other information and, if satisfied the applicant is entitled to a salvage title, issue the salvage title. (NRS 487.820) Section 2 of this bill requires the Department to issue a salvage title or nonrepairable vehicle certificate to an insurance company if the insurance company submits an application, without an endorsed certificate of title, to the Department for a motor vehicle that has been declared a total loss together with certain documentation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 487.480 is hereby amended to read as follows:

      487.480  1.  Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this State, he must have in his possession the certificate of title for a vehicle obtained pursuant to subsection [2] 3 of NRS 487.800 or the salvage title for that vehicle. The Department shall not issue a certificate of registration or certificate of title for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the salvage title was issued, unless the Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

      2.  Upon sale of the vehicle, the operator of the salvage pool shall provide a salvage title to the licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder who purchased the vehicle.

      Sec. 2.  NRS 487.800 is hereby amended to read as follows:

      487.800  1.  [Except with respect to a nonrepairable vehicle, when] When an insurance company acquires a motor vehicle as a result of a settlement in which the motor vehicle is determined to be a salvage vehicle, the owner of the motor vehicle who is relinquishing ownership of the motor vehicle shall endorse the certificate of title of the motor vehicle and forward the endorsed certificate of title to the insurance company [.] within 30 days after accepting the settlement from the insurance company. The insurance company or its authorized agent shall forward the endorsed certificate of title, together with an application for a salvage title or nonrepairable vehicle certificate, to the state agency within [30] 60 days after receipt of the endorsed certificate of title.

      2.  If the owner of the motor vehicle who is relinquishing ownership does not provide the endorsed certificate of title to the insurance company within 30 days after accepting the settlement pursuant to subsection 1, the insurance company shall, within 60 days after the expiration of that 30-day period, forward an application for a salvage title or nonrepairable vehicle certificate to the state agency. The state agency shall issue a salvage title or nonrepairable vehicle certificate to the insurance company for the vehicle upon receipt of:

      (a) The application;

      (b) A motor vehicle inspection certificate signed by a representative of the Department or, as one of the authorized agents of the Department, by a peace officer, dealer, rebuilder, automobile wrecker, operator of a salvage pool or garageman;

 


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ê2007 Statutes of Nevada, Page 228 (Chapter 79, AB 266)ê

 

      (c) Documentation that the insurance company has made at least two written attempts by certified mail, return receipt requested, or by use of a delivery service with a tracking system, to obtain the endorsed certificate of title; and

      (d) Proof satisfactory to the state agency that the certificate of title was required to be surrendered to the insurance company as part of the settlement.

      3.  Except as otherwise provided in [subsection 1,] subsections 1 and 2, before any ownership interest in a salvage vehicle, except a nonrepairable vehicle, may be transferred, the owner or other person to whom the motor vehicle is titled:

      (a) If the person has possession of the certificate of title to the vehicle, shall forward the endorsed certificate of title, together with an application for salvage title to the state agency within 30 days after the vehicle becomes a salvage vehicle.

      (b) If the person does not have possession of the certificate of title to the vehicle and the certificate of title is held by a lienholder, shall notify the lienholder within 10 days after the vehicle becomes a salvage vehicle that the vehicle has become a salvage vehicle. The lienholder shall, within 30 days after receiving such notice, forward the certificate of title, together with an application for salvage title, to the state agency.

      [3.] 4.  An insurance company or its authorized agent may sell a vehicle for which a total loss settlement has been made with the properly endorsed certificate of title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not a salvage vehicle.

      [4.] 5.  An owner who has determined that a vehicle is a total loss salvage vehicle may sell the vehicle with the properly endorsed certificate of title obtained pursuant to this section, without making any repairs to the vehicle, to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer.

      [5.] 6.  Except with respect to a nonrepairable vehicle, if a salvage vehicle is rebuilt and restored to operation, the vehicle may not be licensed for operation, displayed or offered for sale, or the ownership thereof transferred, until there is submitted to the state agency with the prescribed salvage title, an appropriate application, other documents, including, without limitation, an affidavit from the state agency attesting to the inspection and verification of the vehicle identification number and the identification numbers, if any, for parts used to repair the motor vehicle and fees required, together with a certificate of inspection completed pursuant to NRS 487.860.

      [6.] 7.  Except with respect to a nonrepairable vehicle, if a total loss insurance settlement between an insurance company and any person results in the retention of the salvage vehicle by that person, before the execution of the total loss settlement, the insurance company or its authorized agent shall:

      (a) Obtain, upon an application for salvage title, the signature of the person who is retaining the salvage vehicle;

      (b) Append to the application for salvage title the certificate of title to the motor vehicle or an affidavit stating that the original certificate of title has been lost; and

      (c) Apply to the state agency for a salvage title on behalf of the person who is retaining the salvage vehicle.

      [7.] 8.  If the state agency determines that a salvage vehicle retained pursuant to subsection [5] 6 is titled in another state or territory of the United States, the state agency shall notify the appropriate authority of that state or territory that the owner has retained the salvage vehicle.

 


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ê2007 Statutes of Nevada, Page 229 (Chapter 79, AB 266)ê

 

States, the state agency shall notify the appropriate authority of that state or territory that the owner has retained the salvage vehicle.

      [8.] 9.  A person who retains a salvage vehicle pursuant to subsection [6] 7 may not transfer any ownership interest in the vehicle unless he has received a salvage title.

      Sec. 3.  NRS 487.820 is hereby amended to read as follows:

      487.820  1.  [If] Except as otherwise provided in subsection 2 of NRS 487.800, if the applicant for a salvage title is unable to furnish the certificates of title and registration last issued for the vehicle, the state agency may accept the application, examine the circumstances of the case and require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a salvage title, the state agency may issue the salvage title.

      2.  No duplicate certificate of title or registration may be issued when a salvage title is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 80, AB 39

Assembly Bill No. 39–Committee on Transportation

 

CHAPTER 80

 

AN ACT relating to motor vehicles; revising the definition of “special mobile equipment”; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Sections 1-4 of this bill clarify that concrete pumpers, cranes and drill rigs with highway-rated tires are not considered special mobile equipment in certain circumstances. Sections 1-4 also require the Department of Motor Vehicles to define, by regulation, “incidentally operated or moved upon a highway” for purposes of those sections of NRS that use the phrase in the definition of “special mobile equipment.” (NRS 366.085, 482.123, 484.173, 706.121)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.123 is hereby amended to read as follows:

      482.123  1.  “Special mobile equipment” means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including, but not limited to, scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, [and self-propelled cranes] and earth-moving equipment.

 


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ê2007 Statutes of Nevada, Page 230 (Chapter 80, AB 39)ê

 

      2.  “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers , concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      3.  The Director may make [an individual] the final determination as to whether [any particular vehicle or kind of] a vehicle [,] not specifically [listed] enumerated in subsection 1 or 2 [,] falls within this definition.

      4.  The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.

      Sec. 2.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Department may adopt regulations relating to the administration and enforcement of provisions in this chapter pertaining to special mobile equipment, as defined in NRS 484.173.

      Sec. 3.  NRS 484.173 is hereby amended to read as follows:

      484.173  1.  “Special mobile equipment” means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including but not limited to scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck-tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, [and self-propelled cranes] and earth-moving equipment.

      2.  “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      3.  The Director may make [an individual] the final determination as to whether [any particular] a vehicle [,] not specifically enumerated in [subsections] subsection 1 [and] or 2 [, is special mobile equipment as defined in this section.] falls within this definition.

      4.  The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.

      Sec. 4.  NRS 366.085 is hereby amended to read as follows:

      366.085  1.  “Special mobile equipment” means [a] every motor vehicle not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved upon a highway. The term includes scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery, such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors; leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels [,] and draglines [and self-propelled cranes] , and earth-moving equipment.

      2.  “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      3.  The Director of the Department may make the final determination as to whether a vehicle not specifically enumerated in subsection 1 or 2 falls within this definition.

 


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ê2007 Statutes of Nevada, Page 231 (Chapter 80, AB 39)ê

 

      Sec. 5.  NRS 706.121 is hereby amended to read as follows:

      706.121  1.  “Special mobile equipment” means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including but not limited to scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, [and self-propelled cranes] and earth-moving equipment.

      2.  “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      3.  The Director of the Department may make the final determination as to whether a vehicle not specifically enumerated in subsection 1 or 2 falls within this definition.

      4.  The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.

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

________

 

CHAPTER 81, AB 15

Assembly Bill No. 15–Assemblyman Horne

 

CHAPTER 81

 

AN ACT relating to abduction of children; enacting the Uniform Child Abduction Prevention Act; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      The Uniform Law Commissioners promulgated the Uniform Child Abduction Prevention Act in 2006. The Act is designed to deter domestic and international child abductions by parents and any persons acting on behalf of the parents. Because abduction situations will likely involve more than one state, the Act is drafted to be compatible with and to augment the existing mechanisms for interstate jurisdiction and enforcement of orders that are contained in the Uniform Child Custody Jurisdiction and Enforcement Act. (Chapter 125A of NRS)

      Section 16 of this bill provides that an action for abduction prevention measures may be brought by a court on its own motion, by a party to a child custody determination, by a person who has a right to seek a child custody determination, by a district attorney or by the Attorney General. Section 17 of this bill provides that the party seeking the abduction prevention measures must file a petition with the court specifying the risk factors for abduction, as well as other biographical information. Section 19 of this bill sets out a wide variety of factors that should be considered in determining whether there is a credible risk that a child will be abducted, such as previous abductions, attempts to abduct the child or threats of abduction, as well as signs of general abuse including domestic violence, negligence or refusal to obey a child custody determination. Section 19 also identifies a wide range of activities that may indicate a planned abduction, such as abandoning employment, liquidating assets, obtaining travel documents or travel tickets, or requesting the child’s school or medical records, and recognizes the special problems involved with international child abduction by including several risk factors specifically related to international abduction.

 


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ê2007 Statutes of Nevada, Page 232 (Chapter 81, AB 15)ê

 

medical records, and recognizes the special problems involved with international child abduction by including several risk factors specifically related to international abduction. Section 19 further provides that an order must not be issued if the court finds that the conduct of the respondent is intended to avoid imminent harm to the respondent or the child of the respondent.

      Section 20 of this bill provides that if a court determines that a credible risk exists that the child will be abducted, the court may enter an order containing provisions and measures meant to prevent abduction, such as imposing travel restrictions, prohibiting the individual from removing the child from the State or requiring the individual to obtain an order from a foreign country containing identical terms to the child custody determination. If abduction appears imminent, section 21 of this bill provides that a court may issue a warrant to take physical custody of the child. Section 22 of this bill provides that an abduction prevention order is effective until the earliest of the order’s expiration, the child’s emancipation, the child’s 18th birthday or until the order is modified, revoked or vacated.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 11 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Child Abduction Prevention Act.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Abduction” means the wrongful removal or wrongful retention of a child.

      Sec. 5.  “Child” means an unemancipated individual who is less than 18 years of age.

      Sec. 6.  “Child custody determination” means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order.

      Sec. 7.  “Child custody proceeding” means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence.

      Sec. 8.  “Court” means an entity authorized pursuant to the law of a state to establish, enforce or modify a child custody determination.

      Sec. 9.  “Petition” includes a motion or its equivalent.

      Sec. 10.  “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.

      Sec. 11.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.

      Sec. 12.  “Travel document” means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. The term does not include a passport or visa.

 


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ê2007 Statutes of Nevada, Page 233 (Chapter 81, AB 15)ê

 

      Sec. 13.  “Wrongful removal” means the taking of a child that breaches rights of custody or visitation given or recognized pursuant to the law of this State.

      Sec. 14.  “Wrongful retention” means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized pursuant to the law of this State.

      Sec. 15.  NRS 125A.275, 125A.285 and 125A.295 apply to cooperation and communication among courts in proceedings pursuant to the provisions of this chapter.

      Sec. 16.  1.  A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.

      2.  A party to a child custody determination or another individual or entity having a right pursuant to the law of this State or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child pursuant to the provisions of this chapter.

      3.  A district attorney or the Attorney General acting pursuant to NRS 125A.565 may seek a warrant to take physical custody of a child pursuant to section 21 of this act or other appropriate abduction prevention measures.

      Sec. 17.  1.  A petition pursuant to the provisions of this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue pursuant to the provisions of chapter 125A of NRS.

      2.  A court of this State has temporary emergency jurisdiction pursuant to NRS 125A.335 if the court finds a credible risk of abduction.

      Sec. 18.  A petition pursuant to the provisions of this chapter must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in section 19 of this act. Subject to subsection 5 of NRS 125A.385, if reasonably ascertainable, the petition must contain:

      1.  The name, date of birth and gender of the child;

      2.  The customary address and current physical location of the child;

      3.  The identity, customary address and current physical location of the respondent;

      4.  A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location and disposition of the action;

      5.  A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location and disposition of the case; and

      6.  Any other information required to be submitted to the court for a child custody determination pursuant to NRS 125A.385.

      Sec. 19.  1.  In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:

      (a) Has previously abducted or attempted to abduct the child;

      (b) Has threatened to abduct the child;

 


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ê2007 Statutes of Nevada, Page 234 (Chapter 81, AB 15)ê

 

      (c) Has recently engaged in activities that may indicate a planned abduction, including:

             (1) Abandoning employment;

             (2) Selling a primary residence;

             (3) Terminating a lease;

             (4) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;

             (5) Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child; or

             (6) Seeking to obtain the child’s birth certificate or school or medical records;

      (d) Has engaged in domestic violence, stalking, or child abuse or neglect;

      (e) Has refused to follow a child custody determination;

      (f) Lacks strong familial, financial, emotional or cultural ties to the State or the United States;

      (g) Has strong familial, financial, emotional or cultural ties to another state or country;

      (h) Is likely to take the child to a country that:

             (1) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;

             (2) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:

                   (I) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;

                   (II) Is noncompliant according to the most recent compliance report issued by the United States Department of State; or

                   (III) Lacks legal mechanisms for immediately and effectively enforcing a return order pursuant to the Hague Convention on the Civil Aspects of International Child Abduction;

             (3) Poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;

             (4) Has laws or practices that would:

                   (I) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;

                   (II) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, nationality, marital status or religion; or

                   (III) Restrict the child’s ability legally to leave the country after the child reaches the age of majority because of the child’s gender, nationality or religion;

             (5) Is included by the United States Department of State on a current list of state sponsors of terrorism;

             (6) Does not have an official United States diplomatic presence in the country; or

             (7) Is engaged in active military action or war, including a civil war, to which the child may be exposed;

 


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ê2007 Statutes of Nevada, Page 235 (Chapter 81, AB 15)ê

 

      (i) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally;

      (j) Has had an application for United States citizenship denied;

      (k) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver’s license or other government-issued identification card or has made a misrepresentation to the United States Government;

      (l) Has used multiple names to attempt to mislead or defraud; or

      (m) Has engaged in any other conduct the court considers relevant to the risk of abduction.

      2.  In the hearing on a petition pursuant to the provisions of this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.

      3.  If the court finds during the hearing on the petition that the respondent’s conduct is intended to avoid imminent harm to the child or respondent, the court shall not issue an abduction prevention order.

      Sec. 20.  1.  If a petition is filed pursuant to the provisions of this chapter, the court may enter an order that must include:

      (a) The basis for the court’s exercise of jurisdiction;

      (b) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;

      (c) A detailed description of each party’s custody and visitation rights and residential arrangements for the child;

      (d) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and

      (e) Identification of the child’s country of habitual residence at the time of the issuance of the order.

      2.  Except as otherwise provided in subsection 3 of section 19 of this act, if, at a hearing on a petition pursuant to the provisions of this chapter or on the court’s own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection 1 and measures and conditions, including those in subsections 3, 4 and 5, that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect.

      3.  An abduction prevention order may include one or more of the following:

      (a) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:

 


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ê2007 Statutes of Nevada, Page 236 (Chapter 81, AB 15)ê

 

             (1) The travel itinerary of the child;

             (2) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and

             (3) Copies of all travel documents;

      (b) A prohibition of the respondent directly or indirectly:

             (1) Removing the child from this State, the United States or another geographic area without permission of the court or the petitioner’s written consent;

             (2) Removing or retaining the child in violation of a child custody determination;

             (3) Removing the child from school or a child care or similar facility; or

             (4) Approaching the child at any location other than a site designated for supervised visitation;

      (c) A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;

      (d) With regard to the child’s passport:

             (1) A direction that the petitioner place the child’s name in the United States Department of State’s Child Passport Issuance Alert Program;

             (2) A requirement that the respondent surrender to the court or the petitioner’s attorney any United States or foreign passport issued in the child’s name, including a passport issued in the name of both the parent and the child; and

             (3) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;

      (e) As a prerequisite to exercising custody or visitation, a requirement that the respondent provide:

             (1) To the United States Department of State’s Office of Children’s Issues and to the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;

             (2) To the court:

                   (I) Proof that the respondent has provided the information in subparagraph (1); and

                   (II) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child;

             (3) To the petitioner, proof of registration with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and

             (4) A written waiver pursuant to the provisions of the Privacy Act, 5 U.S.C. § 552a, as amended, with respect to any document, application or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and

      (f) Upon the petitioner’s request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child custody determination issued in the United States.

      4.  In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:

 


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ê2007 Statutes of Nevada, Page 237 (Chapter 81, AB 15)ê

 

      (a) Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary, and order the respondent to pay the costs of supervision;

      (b) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney’s fees and costs if there is an abduction; and

      (c) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.

      5.  To prevent imminent abduction of a child, a court may:

      (a) Issue a warrant to take physical custody of the child pursuant to section 21 of this act or the law of this State other than this chapter;

      (b) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child or enforce a custody determination pursuant to the provisions of this chapter or the law of this State other than this chapter; or

      (c) Grant any other relief allowed pursuant to the law of this State other than this chapter.

      6.  The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to prevent abduction.

      Sec. 21.  1.  If a petition pursuant to the provisions of this chapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.

      2.  The respondent on a petition pursuant to subsection 1 must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.

      3.  An ex parte warrant pursuant to subsection 1 to take physical custody of a child must:

      (a) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;

      (b) Direct law enforcement officers to take physical custody of the child immediately;

      (c) State the date and time for the hearing on the petition; and

      (d) Provide for the safe interim placement of the child pending further order of the court.

      4.  If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.

      5.  The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.

      6.  A warrant to take physical custody of a child, issued by this State or another state, is enforceable throughout this State. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child.

 


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ê2007 Statutes of Nevada, Page 238 (Chapter 81, AB 15)ê

 

the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.

      7.  If the court finds, after a hearing, that a petitioner sought an ex parte warrant pursuant to subsection 1 for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney’s fees, costs and expenses.

      8.  This chapter does not affect the availability of relief allowed pursuant to the law of this State other than this chapter.

      Sec. 22.  An abduction prevention order remains in effect until the earliest of:

      1.  The time stated in the order;

      2.  The emancipation of the child;

      3.  The child’s attaining 18 years of age; or

      4.  The time the order is modified, revoked, vacated or superseded by a court with jurisdiction pursuant to NRS 125A.305, 125A.315 and 125A.325.

      Sec. 23.  In applying and construing the Uniform Child Abduction Prevention Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 24.  This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001, et seq., but does not modify, limit or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).

________

 

CHAPTER 82, AB 16

Assembly Bill No. 16–Committee on Government Affairs

 

CHAPTER 82

 

AN ACT relating to state financial administration; authorizing the State Board of Examiners to delegate to its Clerk the authority to designate certain debts owed to the State as bad debts; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the State Board of Examiners, at the request of a state agency, to designate a debt owed to the State as a bad debt if the agency has determined that the debt is impossible or impractical to collect. Existing law also provides that the Board may delegate this authority to its Clerk for a debt that is $50 or less, but only if the debt represents an overpayment of salary to a current or former state employee. (NRS 353C.220)

      This bill authorizes the State Board of Examiners to delegate to its Clerk the authority to designate as a bad debt any debt owed to the State that is $50 or less.

 


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ê2007 Statutes of Nevada, Page 239 (Chapter 82, AB 16)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353C.220 is hereby amended to read as follows:

      353C.220  1.  If an agency determines that it is impossible or impractical to collect a debt, the agency may request the State Board of Examiners to designate the debt as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the Board, may designate the debt as a bad debt if the Board is satisfied that the collection of the debt is impossible or impractical. [The] If the debt is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate [an overpayment of salary to a current or former state employee of not more than $50] the debt as a bad debt. An agency that is aggrieved by a denial of a request to designate [such an overpayment] the debt as a bad debt by the Clerk may appeal that denial to the State Board of Examiners.

      2.  Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.

      3.  If resources are available, the State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. If such a file is established and maintained, for each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the agency or the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 240ê

 

CHAPTER 83, AB 43

Assembly Bill No. 43–Committee on Commerce and Labor

 

CHAPTER 83

 

AN ACT relating to public utilities; requiring certain public utilities in larger counties to provide a list of customers for use in the selection of jurors; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      This bill requires a public utility, other than a telephone company, in a county whose population is 400,000 or more (currently Clark County) to provide, upon request, a list of its customers to a district judge or jury commissioner to be used in selecting persons to serve on juries in the same manner as public utilities in the other counties. (NRS 704.206)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.206 is hereby amended to read as follows:

      704.206  1.  [In a county whose population is less than 400,000, a] A public utility, other than a public utility furnishing telephone services, shall provide a list of the names and addresses of the customers of the public utility upon the request of any:

      (a) District judge; or

      (b) Jury commissioner,

Ê for use in the selection of jurors.

      2.  The court or jury commissioner who requests the list of customers shall reimburse the public utility for the reasonable cost of compiling the list.

      3.  A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure of the name and address of a customer by a public utility.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 241ê

 

CHAPTER 84, AB 118

Assembly Bill No. 118–Assemblymen Denis, Conklin, Anderson, Claborn, Hardy, Horne, Kihuen, Kirkpatrick, Manendo, Mortenson, Pierce, Segerblom, Smith and Womack

 

Joint Sponsors: Senators Beers and Hardy

 

CHAPTER 84

 

AN ACT relating to motor vehicles; requiring the Department of Transportation to erect advisory signs designating the lanes in which certain larger vehicles should travel; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      This bill requires the Department of Transportation to erect advisory signs on controlled-access facilities within their jurisdiction which have three or more lanes for traffic traveling in one direction regarding the lanes in which vehicles with a declared gross weight in excess of 26,000 pounds should travel.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department of Transportation may erect advisory signs at reasonable intervals on any controlled-access facility within its jurisdiction which has three or more lanes for traffic traveling in one direction to advise operators of vehicles with a declared gross weight in excess of 26,000 pounds in which lanes they should travel.

      2.  As used in this section, “controlled-access facility” means a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement, or only a controlled right or easement of access, light, air or view, by reason of the fact that their property abuts upon the controlled-access facility or for any other reason.

________

 


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ê2007 Statutes of Nevada, Page 242ê

 

CHAPTER 85, AB 135

Assembly Bill No. 135–Assemblyman Grady

 

Joint Sponsors: Senators Amodei and McGinness

 

CHAPTER 85

 

AN ACT relating to the Stagecoach General Improvement District; authorizing the District to furnish sanitary facilities for sewerage; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      In May 1984, the Lyon County Board of Commissioners created the Stagecoach General Improvement District. (NRS 318.050-318.077) The District was formed for the general purposes of furnishing facilities for the supply, storage and distribution of water for private and public purposes. (NRS 318.144; Lyon County Ordinance No. 279 (May 10, 1984)) Under existing law, a general improvement district may, after formation, provide additional services pursuant to basic powers enumerated in existing law either by causing the board of county commissioners of the county that created the district to hold proceedings similar to those required for the formation of the district to add those additional basic powers or by special or local law in certain circumstances. (NRS 318.077, 318.116; Nev. Const. Art. 4, §§ 20, 21) Under the Nevada Constitution, the Legislature may pass a special or local law if the subject matter of the law does not fall within one of certain enumerated circumstances and a general law cannot be made applicable because of special circumstances and conditions. (Nev. Const. Art. 4, §§ 20, 21)

      This bill authorizes the Board of Trustees of the Stagecoach General Improvement District by special act to furnish sanitary facilities for sewerage in the manner authorized in existing law for the furnishing of services by general improvement districts. (NRS 318.140) This authority includes the ability of the Board to impose rates, tolls or charges on users of the sanitary facilities for sewerage furnished by the District. (NRS 318.197-318.202)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislature hereby finds and declares that a general law cannot be made applicable for the provisions of subsection 2 because of the economic and geographic diversity of the local governments of this State, the unusual growth patterns in certain of those local governments and the special conditions experienced in certain counties related to the need to provide basic services.

      2.  Notwithstanding the provisions of NRS 318.077 to the contrary, the Board of Trustees of the Stagecoach General Improvement District may furnish sanitary facilities for sewerage, as provided in NRS 318.140, in accordance with the provisions of chapter 318 of NRS.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 243ê

 

CHAPTER 86, AB 198

Assembly Bill No. 198–Committee on Ways and Means

 

CHAPTER 86

 

AN ACT making a supplemental appropriation to the Department of Health and Human Services, Administration, to fund leased office space and tenant office improvements; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Health and Human Services, Administration, the sum of $603,418 to fund additional tenant improvements, including window coverings, phone and data cabling, the purchase of modular furniture and rent due for leased office space following the move from the Kinkead Building. This appropriation is supplemental to that made by section 20 of chapter 434, Statutes of Nevada 2005, at page 1939.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 87, AB 220

Assembly Bill No. 220–Committee on Government Affairs

 

CHAPTER 87

 

AN ACT relating to the Secretary of State; revising certain duties of the Secretary of State; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill changes the date by which the Secretary of State is required to prepare and submit to the Governor a biennial report pertaining to the expenditures, receipts and general business of the Office of the Secretary of State from August 1 to September 15 of an even-numbered year. (NRS 225.120)

      Under existing law, the Secretary of State, if practicable, is required to refund payments made to the Secretary of State that exceed the amount owed by $15 or more. The Secretary of State is required to deposit any such excess payments that have not been refunded with the State Treasurer for credit to the State General Fund. (NRS 225.155) Section 2 of this bill requires the Secretary of State to retain such an excess payment for 12 months after the date of receipt of the payment while he is attempting to refund the payment before depositing the excess payment with the State Treasurer. This period for retention of excess payments is consistent with the 1-year period in existing law within which a person may make a claim for a refund of money deposited in the State Treasury or paid to a state agency or officer unless the payment was made under protest or an applicable statute prescribes a different period.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 244 (Chapter 87, AB 220)ê

 

(NRS 353.115) As a result of the imposition of the 12-month retention period by the Secretary of State of excess payments, section 2 also removes the right of a person who does not receive a refund of an excess payment to make a claim for a refund directly to the State Board of Examiners within 30 days after the date of the payment.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 225.120 is hereby amended to read as follows:

      225.120  On or before [August 1, 1954, and in every second year thereafter,] September 15 of each even-numbered year, the Secretary of State shall prepare and render a biennial report to the Governor. [There shall be included in the report:] The report must include:

      1.  An exhibit showing in detail all expenditures made by [him] the Secretary of State or under [his direction.

      2.  All moneys] the direction of the Secretary of State during the biennium ending June 30 of that even-numbered year;

      2.  An accounting of all money received by [him] the Secretary of State from whatever source, and the disposition made of the [same.] money during that biennium; and

      3.  All matters relating to the general business of the Office of the Secretary of State during [the period embraced in the report.] that biennium.

      Sec. 2.  NRS 225.155 is hereby amended to read as follows:

      225.155  1.  If any money is paid to the Secretary of State which exceeds by less than $15 the amount required by law to be paid, the Secretary of State shall deposit the excess payment with the State Treasurer for credit to the State General Fund.

      2.  If a payment exceeds the amount required by law to be paid by $15 or more, the Secretary of State shall, if practicable, refund the excess. If the Secretary of State cannot make the refund [, he] within 12 months after the date on which the excess payment was received, the Secretary of State shall deposit the excess payment with the State Treasurer for credit to the State General Fund.

      [3.  Any person who claims a refund of an excess payment which is not refunded pursuant to subsection 2 must, within 30 days after the date of the payment, make a claim for a refund to the State Board of Examiners.]

________

 


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ê2007 Statutes of Nevada, Page 245ê

 

CHAPTER 88, AB 278

Assembly Bill No. 278–Assemblymen Kihuen, Anderson, Koivisto, Manendo, Segerblom, Bobzien, Claborn, Denis, Gerhardt, Goedhart, Goicoechea, Grady, Hogan, Kirkpatrick, Marvel, McClain, Mortenson, Munford, Ohrenschall, Pierce, Smith, Stewart and Weber

 

CHAPTER 88

 

AN ACT relating to license plates; requiring the Commission on Special License Plates to study the feasibility of the design, preparation and issuance of certain special license plates for use on motorcycles; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law does not authorize special license plates to be made for use on motorcycles. (NRS 482.272) This bill requires the Commission on Special License Plates to study the feasibility of the design, preparation and issuance of certain special license plates for use on motorcycles.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Commission on Special License Plates shall study the feasibility of the design, preparation and issuance of special license plates for use on motorcycles. The study must include, without limitation:

      (a) A determination of the feasibility of designing and preparing special license plates for use on motorcycles;

      (b) A plan for the issuance of special license plates for use on motorcycles, including special license plates issued pursuant to NRS 482.3672 to 482.37945, inclusive; and

      (c) The costs of implementing the plan described in paragraph (b).

      2.  On or before January 1, 2009, the Commission on Special License Plates shall submit a report of the results of the feasibility study conducted pursuant to subsection 1, including, without limitation, any recommendations for legislation, to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 246ê

 

CHAPTER 89, AB 299

Assembly Bill No. 299–Assemblymen Conklin, Horne, Oceguera, Gerhardt, Allen and Parks

 

CHAPTER 89

 

AN ACT relating to youth shelters; revising the definition of “runaway and homeless youth” for consistency with the federal definition for purposes of provisions which authorize counties to designate approved youth shelters; revising the requirements for designation of a youth shelter as an approved youth shelter; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that an approved youth shelter and its director, employees, agents or volunteers are immune from civil liability for certain actions taken while admitting, releasing or caring for a runaway or homeless youth. (NRS 244.429) Section 1 of this bill revises the definition of “runaway and homeless youth” as used in the sections addressing approved youth shelters for consistency with the definition set forth in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2). (NRS 244.424) Section 2 of this bill requires approved youth shelters to make a reasonable, bona fide attempt to notify the parent, guardian or custodian as to the whereabouts of a runaway or homeless youth as soon as practicable, except in cases of suspected abuse or neglect, rather than requiring actual notice.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.424 is hereby amended to read as follows:

      244.424  “Runaway or homeless youth” means a youth who : [is:]

      1.  [Without a place of shelter where supervision and care are available; or] Is under 18 years of age; and

      2.  [Absent from his legal residence without the consent of his parent, guardian or custodian.] Lives in a situation described in 42 U.S.C. § 11434a(2)(B)(ii)-(iii) with or without the consent or knowledge of his parent, guardian or custodian.

      Sec. 2.  NRS 244.428 is hereby amended to read as follows:

      244.428  1.  The board of county commissioners of any county may provide by ordinance for the designation of a youth shelter operated within the county as an approved youth shelter.

      2.  If a board of county commissioners has adopted an ordinance pursuant to subsection 1, a youth shelter that is located in that county and seeking to be designated as an approved youth shelter may apply to the board of county commissioners for such a designation.

      3.  An ordinance adopted by a board of county commissioners pursuant to subsection 1 must:

      (a) Prescribe the requirements for designation of a youth shelter as an approved youth shelter, including, without limitation:

             (1) A requirement that the youth shelter provide necessary services;

             (2) The form and manner of the application for designation or renewal of a designation as an approved youth shelter;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 247 (Chapter 89, AB 299)ê

 

             (3) An application fee in an amount not to exceed the actual cost to the county for reviewing the application; and

             (4) A requirement that an applicant must comply with the provisions of an ordinance adopted pursuant to this section and with all applicable federal, state and local laws and ordinances pertaining to shelters for the homeless.

      (b) Provide for reasonable inspections of an approved youth shelter to confirm that the youth shelter is complying with the provisions of an ordinance adopted to carry out the provisions of this section.

      (c) Provide for the revocation of a designation as an approved youth shelter for failure to comply with the provisions of an ordinance adopted to carry out the provisions of this section.

      (d) Require an approved youth shelter to conduct an interview to determine whether a youth is a runaway or homeless youth and is qualified to receive the necessary services of the approved youth shelter.

      (e) Upon admission of a runaway or homeless youth to a shelter, require:

             (1) [The notification of] A reasonable, bona fide attempt to notify the parent, guardian or custodian of the runaway or homeless youth concerning the whereabouts of the runaway or homeless youth as soon as practicable, except in circumstances of suspected abuse or neglect;

             (2) The notification of state and local law enforcement agencies concerning the whereabouts of the runaway or homeless youth; and

             (3) A licensed professional to perform an evaluation of the youth to determine:

                   (I) The reasons why the youth is a runaway or homeless youth;

                   (II) Whether the youth is a victim of abuse or neglect; and

                   (III) Whether the youth needs immediate medical care or counseling.

      (f) Require an approved youth shelter to return or facilitate the return of a runaway or homeless youth to the parent, guardian or custodian who was notified of the whereabouts of the runaway or homeless youth pursuant to subparagraph (1) of paragraph (e) if the parent, guardian or custodian so requests.

      (g) Provide for the liability of a parent, guardian or custodian of a runaway or homeless youth for any expenses or costs incurred by the approved youth shelter for providing services to the runaway or homeless youth only if the services of the shelter were obtained through fraud or misrepresentation.

      (h) Require the information or records obtained by an approved youth shelter to remain confidential, unless the use or disclosure of the information or records is necessary to:

             (1) Locate a parent, guardian or custodian of a runaway or homeless youth;

             (2) Comply with the duty to report abuse or neglect of a child pursuant to NRS 432B.220;

             (3) Notify state and local law enforcement agencies or the clearinghouse; or

             (4) Seek appropriate assistance for a runaway or homeless youth from public and private agencies.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 248 (Chapter 89, AB 299)ê

 

      4.  In a county where the board of county commissioners has adopted an ordinance pursuant to subsection 1, the board of county commissioners may establish, by ordinance, other regulations as are necessary to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Abuse or neglect” means abuse or neglect of a child as defined in NRS 432B.020.

      (b) “Clearinghouse” has the meaning ascribed to it in NRS 432.150.

      (c) “Licensed professional” includes, without limitation:

             (1) A social worker;

             (2) A registered nurse;

             (3) A physician;

             (4) A psychologist;

             (5) A teacher; or

             (6) Any other class of persons who are identified in an ordinance adopted by a county who hold a professional license in this State and who are trained to recognize indications of abuse or neglect.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 90, AB 303

Assembly Bill No. 303–Assemblymen Stewart, Hardy, Mabey, Beers, Gansert, Goedhart, Goicoechea, Manendo, Munford, Segerblom, Settelmeyer and Weber

 

CHAPTER 90

 

AN ACT relating to insurance; requiring insurers to provide notice to policyholders or prospective policyholders, and their primary care physicians, of potentially serious medical conditions detected during required medical examinations; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes the requirements and procedures regarding the issuance, renewal, reinstatement and reevaluation of the terms of policies and certificates of insurance and annuity contracts. (Title 57 of NRS) This bill provides that if an insurer requires a medical examination of a policyholder or prospective policyholder before the insurer will issue, renew, reinstate or reevaluate the terms of a contract of insurance or annuity contract and a potentially serious medical condition is detected as a result of that medical examination, the insurer must notify the policyholder or prospective policyholder and, if he has one, his primary care physician of that potentially serious medical condition within 30 days after the date on which the potentially serious medical condition is detected. This bill also provides that if the policyholder or prospective policyholder is a minor, the required notice must not be sent to the minor, but instead must be sent to his parent or legal guardian.

 


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ê2007 Statutes of Nevada, Page 249 (Chapter 90, AB 303)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, if an insurer requires a medical examination of an applicant or an insured before the issuance, renewal, reinstatement or reevaluation of the terms of any policy or certificate of insurance or annuity contract, the insurer shall:

      (a) If the applicant or insured has a primary care physician, notify:

             (1) The physician of any potentially serious medical condition that is detected as a result of that medical examination; and

             (2) The applicant or insured:

                   (I) Of any potentially serious medical condition that is detected as a result of that medical examination; and

                   (II) That his primary care physician has also been notified of any potentially serious medical condition detected as a result of that medical examination.

      (b) If the applicant or insured does not have a primary care physician, notify the applicant or insured of any potentially serious medical condition that is detected as a result of that medical examination.

Ê Any notice required pursuant to this section must be sent by registered or certified mail not later than 30 days after the date on which the potentially serious medical condition is detected. If the applicant or insured is under the age of 18 years, any notice required pursuant to this section must not be sent to the applicant or insured, but instead must be sent to a parent or legal guardian of the applicant or insured.

      2.  The Commissioner may adopt regulations to carry out the provisions of this section.

      3.  The provisions of this section do not apply to a policy of workers’ compensation insurance or industrial insurance.

      4.  As used in this section, “potentially serious medical condition” includes, without limitation, any medical condition that:

      (a) Is life-threatening or potentially life-threatening if it is not treated immediately or is not closely monitored; or

      (b) Causes the insurer to refuse to issue, renew, reinstate or reevaluate the terms of a policy or certificate of insurance or annuity contract.

________

 


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ê2007 Statutes of Nevada, Page 250ê

 

CHAPTER 91, AB 329

Assembly Bill No. 329–Assemblymen Parks, Parnell, Hardy, Buckley, Leslie, Anderson, Atkinson, Bobzien, Carpenter, Claborn, Cobb, Conklin, Denis, Gansert, Gerhardt, Goedhart, Goicoechea, Grady, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Pierce, Segerblom, Smith, Stewart and Womack

 

Joint Sponsor: Senator Care

 

CHAPTER 91

 

AN ACT relating to financial transactions; requiring the Commissioner of Financial Institutions, with the cooperation of the Commissioner of Mortgage Lending, to adopt regulations concerning nontraditional mortgage loans and lending practices of certain persons and financial institutions; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      State regulation of the residential mortgage industry is divided between the Commissioner of Financial Institutions, who regulates banks, credit unions, thrift companies, savings and loan associations, and other financial institutions, and the Commissioner of Mortgage Lending, who licenses and regulates mortgage bankers and mortgage brokers. (Titles 55 and 56 and chapters 645B and 645E of NRS)

      This bill requires the Commissioner of Financial Institutions, with the cooperation of the Commissioner of Mortgage Lending, to adopt regulations concerning nontraditional mortgage loan products and lending practices. This bill requires the Commissioner of Financial Institutions to adopt regulations that are substantially similar to the provisions set forth in the “Guidance on Nontraditional Mortgage Product Risks” published by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators on November 14, 2006. The publication makes recommendations concerning nontraditional mortgage loan products and lending practices for state-regulated financial institutions.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 658 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commissioner of Financial Institutions shall, with the cooperation of the Commissioner of Mortgage Lending, adopt regulations concerning nontraditional mortgage loan products and lending practices of persons and financial institutions that are required to be licensed or registered pursuant to the provisions of titles 55 and 56 and chapters 645B and 645E of NRS and which make or offer to make loans that are secured by liens on real property.

      2.  The regulations required to be adopted by subsection 1 must be substantially similar to the provisions set forth in the “Guidance on Nontraditional Mortgage Product Risks” published by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators on November 14, 2006.

 


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ê2007 Statutes of Nevada, Page 251 (Chapter 91, AB 329)ê

 

      3.  If the publication is revised, the Commissioner shall review the revision to determine whether the revision is suitable for this State. If the Commissioner determines that the revision is suitable for this State, he shall adopt a regulation that includes the revision.

      4.  If the Commissioner determines that the revision is not suitable for this State, he shall hold a hearing within 60 days after his determination and give notice of the hearing. If, after the hearing, the Commissioner does not revise his determination, the Commissioner shall give written notice within 30 days after the hearing that the revision is not suitable for this State.

      5.  As used in this section, “nontraditional mortgage loan product”:

      (a) Means a residential loan agreement whose terms allow a borrower to defer repayment of principal or payment of interest on the loan for a period.

      (b) Includes, without limitation:

             (1) An interest-only loan; and

             (2) A payment option adjustable-rate mortgage.

      (c) Does not include:

             (1) A home equity line of credit other than a simultaneous second-lien home equity line of credit; or

             (2) A reverse mortgage.

      Sec. 2.  This act becomes effective:

      1.  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

      2.  On January 1, 2008, for all other purposes.

________

 

CHAPTER 92, AB 348

Assembly Bill No. 348–Assemblyman Carpenter

 

CHAPTER 92

 

AN ACT relating to the Elko Convention and Visitors Authority; revising the boundaries and composition of the Authority; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law specifies the number and qualifications of members of the Board of Governors of the Elko Convention and Visitors Authority. Certain of the members must reside within the boundaries of the Authority. (Elko Convention and Visitors Authority Act § 8) This bill revises the boundaries of the Authority and, thus, also revises the composition (membership) of the Authority. (Elko Convention and Visitors Authority Act § 18)

 


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ê2007 Statutes of Nevada, Page 252 (Chapter 92, AB 348)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 18 of the Elko Convention and Visitors Authority Act, being chapter 227, Statutes of Nevada 1975, as amended by chapter 70, Statutes of Nevada 2001, at page 517, is hereby amended to read as follows:

      Sec. 18.  The boundaries of the Authority [include all lands, except the incorporated City of Carlin and those lands that have a current agricultural use assessment from the county assessor of Elko County pursuant to chapter 361A of NRS, located within the boundaries described as follows: Beginning at the southwest corner of Elko County, and running thence northerly and westerly along the boundary common to Elko and Eureka Counties to its intersection with a line perpendicular to the northern boundary of the City of Carlin; thence easterly along the northern boundary of the City of Carlin to its extended intersection with the Cadastral Survey Range Line common to Range 52 and Range 53, M.D.B. & M.; thence north along the Cadastral Survey Range Line common to Range 52 and Range 53, M.D.B. & M., to its intersection with Fish Creek; thence easterly to the summit of Swales Mountain of the Independence Mountain Range; thence northerly along the crest of the Independence Mountain Range to its intersection with the Cadastral Survey Township Line common to Township 43 and Township 44, M.D.B. & M.; thence east along the Cadastral Survey Township Line common to Township 43 and Township 44, M.D.B. & M., to its intersection with the Cadastral Survey Range Line common to Range 61 and Range 62, M.D.B. & M.; thence south along the Cadastral Survey Range Line common to Range 61 and Range 62, M.D.B. & M., to its intersection with the centerline of State Route 231, also known as the Angel Lake access road; thence southerly and westerly along the centerline of State Route 231 to Angel Lake; thence west to the crest of the East Humboldt Mountain Range; thence southerly and westerly along the crest of the East Humboldt Mountain Range and the Ruby Mountain Range to its intersection with the southern boundary of Elko County; thence west along the southern boundary of Elko County to the point of beginning.] include a portion of Elko County westerly of the crest of the Ruby Mountain Range, East Humboldt Mountain Range and U.S. Highway 93, excluding the incorporated City of Wells, incorporated City of Carlin, unincorporated Town of Jackpot, Town of Jarbidge, Town of Mountain City and the Town of Midas/Gold Circle all located in Elko County more particularly described as follows:

      Commencing at the northwest corner of Elko County common to the northeast corner of Humboldt County and the Nevada and Idaho state boundary, the point of beginning, thence southerly along the most western boundary of Elko County to a point 30 feet northerly of and parallel to the centerline of Elko County Road 724; thence northeasterly along a line 30 feet northerly of and parallel to the centerline of said Elko County Road 724 to its intersection with the portion of Elko County Road 724 traversing to the Town of Midas/Gold Circle; thence traversing northwesterly continuing along a line 30 feet westerly of and parallel to the centerline of said Elko County Road 724 to the most southerly boundary of the Town of Midas/Gold Circle as shown on the official map of Gold Circle filed in the Office of the Elko County Recorder as File No. 000082; thence traversing westerly, northerly, easterly and southerly around the exterior boundary of the Town of Midas/Gold Circle as shown on said official map of Gold Circle to its intersection with a point 30 feet easterly of and parallel to the centerline of said Elko County Road 724; thence southeasterly along a line 30 feet easterly of and parallel to the centerline of that portion of Elko County Road 724 traversing to the main portion of Elko County Road 724 to a point on

 


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the Town of Midas/Gold Circle as shown on said official map of Gold Circle to its intersection with a point 30 feet easterly of and parallel to the centerline of said Elko County Road 724; thence southeasterly along a line 30 feet easterly of and parallel to the centerline of that portion of Elko County Road 724 traversing to the main portion of Elko County Road 724 to a point on a line 30 feet southerly of and parallel to the centerline of Elko County Road 724; thence southwesterly along a line 30 feet southerly of and parallel to Elko County Road 724 to its intersection with the west boundary of Elko County; thence southerly along the most western boundary of Elko County to a point being a common corner to Elko County and Lander County; thence easterly along the Elko County boundary common to Lander and Eureka Counties to a point being a common corner to Elko County and the northeast corner of said Eureka County; thence southerly along the common boundary of Elko County and Eureka County to a point on the most northerly right-of-way of U.S. Interstate Highway 80; thence easterly along the most northerly right-of-way of said U.S. Interstate Highway 80 to its intersection with the most westerly boundary of the incorporated city limits of Carlin; thence northerly along the western boundary of said City of Carlin to the northwest corner of said City of Carlin; thence easterly traversing along the most northerly boundary of said City of Carlin to the northeast corner of said City of Carlin; thence southerly along the eastern boundary of said City of Carlin to the southeast corner of said City of Carlin; thence westerly along the southern boundary of said City of Carlin to the southwest corner of said City of Carlin; thence northerly along the western boundary of said City of Carlin to its intersection with the most southerly right-of-way of said U.S. Interstate Highway 80; thence westerly along the southerly right-of-way of said U.S. Interstate Highway 80 to its intersection with the most westerly boundary of Elko County common to Elko and Eureka County; thence southerly continuing along the boundary of Elko County common to Elko and Eureka County to the most southwesterly corner of Elko County, said corner being the most northwest corner of White Pine County; thence easterly along the southern boundary of Elko County to its intersection with the crest of the Ruby Mountain Range; thence northeasterly along the crest of the said Ruby Mountain Range to its intersection with the crest of the East Humboldt Mountain Range; thence continuing northeasterly along the crest of the East Humboldt Mountain Range to a point directly west of the end of State Route 231 accessing Angel Lake; thence east to the end of said State Route 231 accessing Angel Lake; thence traversing northeasterly along the centerline of said State Route 231 to its intersection with the most western boundary of the incorporated city limits of Wells; thence northerly along the western boundary of said City of Wells to the northwest corner of said City of Wells; thence easterly along the northern boundary of said City of Wells to its intersection with the centerline of U.S. Highway 93; thence northerly along the centerline of said U.S. Highway 93 to a point directly east of the Boise Ranch located in section 15, T. 44 N., R. 63 E., M.D.B. & M.; thence northwesterly to the northwest corner of said section 15, T. 44 N., R. 63 E., M.D.B. & M., being a point on the most westerly boundary of voting precinct 38 common to voting precincts 33 and 38; thence northerly along the most westerly boundary of said voting precinct 38 to its intersection with the northern boundary of Elko County, being a point on the Nevada and Idaho state boundary; thence westerly along the northern boundary of Elko County to its intersection with a point 30 feet east of and parallel to the centerline of Elko County Road 748; thence southerly along a line 30 feet east of and parallel to the centerline of said Elko County Road 748 to its intersection with the Town of Jarbidge boundary as shown on the official map of the Town of Jarbidge filed in the Office of the Elko County Recorder as File No.

 


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and Idaho state boundary; thence westerly along the northern boundary of Elko County to its intersection with a point 30 feet east of and parallel to the centerline of Elko County Road 748; thence southerly along a line 30 feet east of and parallel to the centerline of said Elko County Road 748 to its intersection with the Town of Jarbidge boundary as shown on the official map of the Town of Jarbidge filed in the Office of the Elko County Recorder as File No. 031210; thence traversing easterly, southerly, westerly and northerly around the exterior boundary of the Town of Jarbidge to its intersection with a point 30 feet west of and parallel to the centerline of said Elko County Road 748; thence northerly along a line 30 feet west of and parallel to the centerline of said Elko County Road 748 to its intersection with the northern boundary of Elko County; thence westerly along the northern boundary of Elko County to a point on the eastern boundary of the Duck Valley Indian Reservation; thence southerly along the eastern boundary of said Duck Valley Indian Reservation to its intersection with the most northerly right-of-way of State Route 225; thence southeasterly along the most northerly right-of-way of said State Route 225 to its intersection with the most westerly boundary of the Town of Mountain City as shown on the official map of Mountain City filed in the Office of the Elko County Recorder as File No. 52684; thence traversing easterly, southerly, westerly and northerly around the exterior boundary of Mountain City to its intersection with the most southerly right-of-way of said State Route 225; thence northwesterly along the most southerly right-of-way of said State Route 225 to its intersection with the eastern boundary of said Duck Valley Indian Reservation; thence southerly along the eastern boundary of said Duck Valley Indian Reservation to the southeast corner of said Duck Valley Indian Reservation; thence westerly along the southern boundary of said Duck Valley Indian Reservation to the southwest corner of said Duck Valley Indian Reservation; thence northerly along the western boundary of said Duck Valley Indian Reservation to a point on the northern boundary of Elko County; thence westerly along the northern boundary of Elko County to the northwest corner of Elko County to the point of beginning.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 255ê

 

CHAPTER 93, AB 504

Assembly Bill No. 504–Committee on Ways and Means

 

CHAPTER 93

 

AN ACT making a supplemental appropriation to the Department of Health and Human Services for expansion of mental health services; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Health and Human Services for the Lake’s Crossing Center for the Mentally Disordered Offender the sum of $1,794,831 for the operation of a 28-bed expansion. This appropriation is supplemental to that made by section 20 of chapter 434, Statutes of Nevada 2005, at page 1940.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 94, AB 520

Assembly Bill No. 520–Committee on Judiciary

 

CHAPTER 94

 

AN ACT relating to children; requiring a person to meet with the enforcing authority before a hearing is held relating to the enforcement of an order of support for a child or relating to paternity; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes a master to order a parent who is responsible for the support of a dependent child to participate in certain programs to eliminate barriers to employment. (NRS 425.382) Sections 5-9 of this bill require a person requesting a certain hearing relating to the enforcement of an order for the support of a child or paternity to meet with the enforcing authority before the hearing may be held. Specifically, section 5 addresses a hearing concerning the collection of arrearages in payments of child support (NRS 425.470), sections 6 and 7 address a hearing concerning the suspension of a driver’s license of a person who failed to pay child support (NRS 425.510) and sections 8 and 9 address a hearing concerning the suspension of a professional, occupational or recreational license of a person who failed to pay child support or did not comply with certain processes relating to paternity or child support proceedings. (NRS 425.530)

 


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ê2007 Statutes of Nevada, Page 256 (Chapter 94, AB 520)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 425.382 is hereby amended to read as follows:

      425.382  1.  Except as otherwise provided in NRS 425.346, the Chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive, after:

      (a) Payment of public assistance by the Division; or

      (b) Receipt of a request for services to carry out the Program.

      2.  Subject to approval by the district court, a master may:

      (a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in subsection 2 of NRS 130.305.

      (b) Except as otherwise provided in chapter 130 of NRS and NRS 425.346:

             (1) Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;

             (2) Require coverage for health care of a dependent child;

             (3) Establish paternity;

             (4) Order a responsible parent to comply with an order for the support of a dependent child, specifying the amount and the manner of compliance;

             (5) Order the withholding of income;

             (6) Determine the amount of any arrearages and specify a method of payment;

             (7) Enforce orders by civil or criminal contempt, or both;

             (8) Set aside property for satisfaction of an order for the support of a dependent child;

             (9) Place liens and order execution on the property of the responsible parent;

             (10) Order a responsible parent to keep the master informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

             (11) Issue a bench warrant for a responsible parent who has failed after proper notice to appear at a hearing ordered by the master and enter the bench warrant in any local and state computer system for criminal warrants;

             (12) Order the responsible parent to seek appropriate employment by specified methods;

             (13) Order the responsible parent to participate in a program intended to resolve issues that prevent the responsible parent from obtaining employment, including, without limitation, a program for the treatment of substance abuse or a program to address mental health issues;

             (14) Upon the request of the Division, require a responsible parent to:

                   (I) Pay any support owed in accordance with a plan approved by the Division; or

                   (II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the Division deems appropriate;

             [(14)] (15) Award reasonable attorney’s fees and other fees and costs; and

             [(15)] (16) Grant any other available remedy.

      Sec. 2.  NRS 425.3824 is hereby amended to read as follows:

      425.3824  1.  The notice and finding of financial responsibility issued pursuant to NRS 425.3822 must include:

 


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ê2007 Statutes of Nevada, Page 257 (Chapter 94, AB 520)ê

 

      (a) The name of the person who has physical custody of the dependent child and the name of the child for whom support is to be paid.

      (b) A statement of the monthly support for which the parent is responsible.

      (c) A statement of the amount of arrearages sought, if any.

      (d) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (e) A statement of any requirements the Division will request pursuant to subparagraph [(13)] (14) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (f) A statement that if the parent desires to discuss the amount of support or coverage for health care that the parent should be required to pay or provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation.

      (g) A statement that if the parent objects to any part of the notice and finding of financial responsibility, the parent must send to the office that issued the notice a written response within 20 days after the date of receipt of service that sets forth any objections and requests a hearing.

      (h) A statement that if a response is received within the specified period, the parent is entitled to a hearing and that if a written response is not received within the specified period, the master may enter a recommendation for support of a dependent child in accordance with the notice and finding of financial responsibility.

      (i) A statement that as soon as the recommendation is entered and approved by the court, the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (j) A reference to NRS 425.382 to 425.3852, inclusive.

      (k) A statement that the parent is responsible for notifying the office of any change of address or employment.

      (l) A statement that if the parent has any questions, the parent may contact the office or consult an attorney.

      (m) Such other information as the Chief finds appropriate.

      2.  The statement of the monthly support required pursuant to paragraph (b) of subsection 1 must be computed in accordance with NRS 125B.070.

      3.  After a conference for negotiation is held pursuant to paragraph (f) of subsection 1, if an agreement is not reached on the monthly support to be paid or the coverage to be provided, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail at his last known address or to the last known address of his attorney.

      Sec. 3.  NRS 425.3828 is hereby amended to read as follows:

      425.3828  1.  If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

      2.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall:

 


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ê2007 Statutes of Nevada, Page 258 (Chapter 94, AB 520)ê

 

      (a) Include in that recommendation:

             (1) If the paternity of the dependent child is established by the recommendation, a declaration of that fact.

             (2) The amount of monthly support to be paid, including directions concerning the manner of payment.

             (3) The amount of arrearages owed.

             (4) Whether coverage for health care must be provided for the dependent child.

             (5) Any requirements to be imposed pursuant to subparagraph [(13)] (14) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

             (6) The names of the parents or legal guardians of the child.

             (7) The name of the person to whom, and the name and date of birth of the dependent child for whom support is to be paid.

             (8) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

             (9) A statement that objections to the recommendation may be filed with the district court and served upon the other party within 10 days after receipt of the recommendation.

      (b) Ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is to be paid are:

             (1) Provided to the enforcing authority.

             (2) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      3.  The parent must be sent a copy of the recommendation for the support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.

      4.  The recommendation for the support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The Chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the master enters a recommendation for the support of a dependent child, the court may grant relief from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

      Sec. 4.  NRS 425.3836 is hereby amended to read as follows:

      425.3836  1.  After the issuance of an order for the support of a dependent child by a court, the Chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent by certified mail, restricted delivery, with return receipt requested.

      2.  The notice must include:

      (a) The names of the person to whom support is to be paid and the dependent child for whom support is to be paid.

 


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ê2007 Statutes of Nevada, Page 259 (Chapter 94, AB 520)ê

 

      (b) The amount of monthly support the responsible parent is required to pay by the order for support.

      (c) A statement of the arrearages owed pursuant to the order for support.

      (d) A demand that the responsible parent make full payment to the enforcing authority within 14 days after the receipt or service of the notice.

      (e) A statement that the responsible parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (f) A statement of any requirements the Division will request pursuant to subparagraph [(13)] (14) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the responsible parent or the participation of the responsible parent in work activities.

      (g) A statement that if the responsible parent objects to any part of the notice of intent to enforce the order, he must send to the office that issued the notice a written response within 14 days after the date of receipt of service that sets forth any objections and includes a request for a hearing.

      (h) A statement that if full payment is not received within 14 days or a hearing has not been requested in the manner provided in paragraph (g), the Chief is entitled to enforce the order and that the property of the responsible parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (i) A reference to NRS 425.382 to 425.3852, inclusive.

      (j) A statement that the responsible parent is responsible for notifying the office of any change of address or employment.

      (k) A statement that if the responsible parent has any questions, he may contact the appropriate office or consult an attorney.

      (l) Such other information as the Chief finds appropriate.

      3.  If a written response setting forth objections and requesting a hearing is received within the specified period by the office issuing the notice of intent to enforce the order, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the responsible parent by regular mail. If a written response and request for hearing is not received within the specified period by the office issuing the notice, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:

      (a) The amount of monthly support to be enforced, including directions concerning the manner of payment.

      (b) The amount of arrearages owed and the manner of payment.

      (c) Whether coverage for health care must be provided for the dependent child.

      (d) Any requirements to be imposed pursuant to subparagraph [(13)] (14) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (e) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.

 


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ê2007 Statutes of Nevada, Page 260 (Chapter 94, AB 520)ê

 

      4.  After the district court approves the recommendation for the support of a dependent child, the recommendation is final. The Chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  This section does not prevent the Chief from using other available remedies for the enforcement of an obligation for the support of a dependent child at any time.

      6.  The master may hold a hearing to enforce a recommendation for the support of a dependent child after the recommendation has been entered and approved by the district court. The master may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The finding and recommendation is effective upon review and approval of the district court.

      Sec. 5.  NRS 425.470 is hereby amended to read as follows:

      425.470  1.  The Chief shall send a notice by first-class mail to each responsible parent who is in arrears in any payment for the support of one or more children required pursuant to an order enforced by a court in this State. The notice must include a statement of the amount of the arrearage and the information prescribed in subsection 2.

      2.  If the responsible parent does not satisfy the arrearage within 20 days after he receives the notice required by subsection 1, the Chief may, to collect the arrearage owed:

      (a) Require the responsible parent to pay monthly the amount he is required to pay pursuant to the order for support plus an additional amount to satisfy the arrearage; or

      (b) Issue a notice of attachment to the financial institutions in which the assets of the responsible parent are held and attach and seize such assets as are necessary to satisfy the arrearage.

      3.  If the Chief proceeds to collect an arrearage pursuant to subsection 2, he shall notify the responsible parent of that fact in writing. The notice must be sent by first-class mail.

      4.  The Chief shall determine the amount of any additional payment required pursuant to paragraph (a) of subsection 2 based upon the amount of the arrearage owed by the responsible parent and his ability to pay.

      5.  A responsible parent against whom the Division proceeds pursuant to subsection 2 may, within 20 days after he receives the notice required pursuant to subsection 3, submit to the Chief a request for a hearing. Before a hearing may be held, the responsible parent and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

      6.  If a hearing is requested within the period prescribed in subsection 5 [,] and the responsible parent and the enforcing authority meet as required pursuant to subsection 5, the hearing must be held pursuant to NRS 425.3832 within 20 days after the Chief receives the request. The master shall notify the responsible parent of his recommendation or decision at the conclusion of the hearing or as soon thereafter as is practicable.

      7.  For the purposes of this section, a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.

 


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ê2007 Statutes of Nevada, Page 261 (Chapter 94, AB 520)ê

 

      Sec. 6.  NRS 425.510 is hereby amended to read as follows:

      425.510  1.  Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsection 2 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after he receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to NRS 425.560; or

      (c) Submit to the district attorney or other public agency a written request for a hearing,

Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.

      3.  Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

      4.  If a person requests a hearing within the period prescribed in subsection 2 [,] and meets with the enforcing authority as required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child, he shall include in the notice the information set forth in subsection [4.] 5. If the master determines that the person is in arrears in the payment for the support of one or more children, he shall include in the notice the information set forth in subsection [5.] 6.

      [4.] 5.  If the master determines that a person who requested a hearing pursuant to subsection 2 has not complied with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department.

      [5.] 6.  If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if he does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, his driver’s license and motorcycle driver’s license may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.

      [6.] 7.  The district attorney or other public agency shall, within 5 days after the person who has failed to comply with a subpoena or warrant or is in arrears in the payment for the support of one or more children complies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, notify the Department of Motor Vehicles that the person has complied with the subpoena or warrant or has satisfied the arrearage.

 


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ê2007 Statutes of Nevada, Page 262 (Chapter 94, AB 520)ê

 

the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, notify the Department of Motor Vehicles that the person has complied with the subpoena or warrant or has satisfied the arrearage.

      [7.] 8.  For the purposes of this section, a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.

      Sec. 7.  NRS 425.510 is hereby amended to read as follows:

      425.510  1.  Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who is in arrears in the payment for the support of one or more children. The notice must include the information set forth in subsection 2 and a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after he receives the notice required by subsection 1:

      (a) Satisfy the arrearage pursuant to subsection [6;] 7; or

      (b) Submit to the district attorney or other public agency a written request for a hearing,

Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.

      3.  Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

      4.  If a person requests a hearing within the period prescribed in subsection 2 [,] and meets with the enforcing authority as required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person is in arrears in the payment for the support of one or more children, he shall include in the notice the information set forth in subsection [4.] 5.

      [4.] 5.  If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if he does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, his driver’s license and motorcycle driver’s license may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.

      [5.] 6.  The district attorney or other public agency shall, within 5 days after the person who is in arrears in the payment for the support of one or more children satisfies the arrearage pursuant to subsection 6, notify the Department of Motor Vehicles that the person has satisfied the arrearage.

      [6.] 7.  For the purposes of this section:

      (a) A person is in arrears in the payment for the support of one or more children if:

             (1) He:

                   (I) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

 


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ê2007 Statutes of Nevada, Page 263 (Chapter 94, AB 520)ê

 

                   (II) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or

             (2) He has failed to provide medical insurance for a child as required by a court order.

      (b) A person who is in arrears in the payment for the support of one or more children may satisfy the arrearage by:

             (1) Paying all of the past due payments;

             (2) If he is unable to pay all past due payments:

                   (I) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

                   (II) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

             (3) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

      (c) A person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.

      Sec. 8.  NRS 425.530 is hereby amended to read as follows:

      425.530  1.  Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsections 2 and [3] 4 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after he receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to NRS 425.560; or

      (c) Submit to the district attorney or other public agency a written request for a hearing,

Ê the district attorney or other public agency shall request in writing that the master suspend all professional, occupational and recreational licenses, certificates and permits issued to that person.

      3.  Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

      4.  If the master receives from a district attorney or other public agency a request to suspend the professional, occupational and recreational licenses, certificates and permits issued to a person, the master shall enter a recommendation determining whether the person:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

 


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ê2007 Statutes of Nevada, Page 264 (Chapter 94, AB 520)ê

 

Ê As soon as practicable after the master enters his recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

      [4.] 5.  If a person requests a hearing within the period prescribed in subsection 2 [,] and meets with the enforcing authority as required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable.

      Sec. 9.  NRS 425.530 is hereby amended to read as follows:

      425.530  1.  Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS and:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsections 2 and [3] 4 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after he receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to NRS 425.560; or

      (c) Submit to the district attorney or other public agency a written request for a hearing,

Ê the district attorney or other public agency shall request in writing that the master suspend any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to that person.

      3.  Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

      4.  If the master receives from a district attorney or other public agency a request to suspend any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to a person, the master shall enter a recommendation determining whether the person:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

Ê As soon as practicable after the master enters his recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

      [4.] 5.  If a person requests a hearing within the period prescribed in subsection 2 [,] and meets with the enforcing authority as required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 265 (Chapter 94, AB 520)ê

 

      Sec. 10.  1.  This section and sections 1 to 6, inclusive, and 8 of this act become effective on October 1, 2007.

      2.  Sections 6 and 8 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      3.  Sections 7 and 9 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      4.  Section 9 of this act expires by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 95, AB 536

Assembly Bill No. 536–Committee on Judiciary

 

CHAPTER 95

 

AN ACT relating to child support; requiring the District Attorney of Clark County and the Division of Welfare and Supportive Services of the Department of Health and Human Services to report to the 75th Session of the Nevada Legislature regarding the status of certain recommendations concerning child support enforcement; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      This bill requires the District Attorney of Clark County to prepare a report for submission to the 75th Session of the Nevada Legislature concerning the progress made in carrying out recommendations that were provided to the District Attorney concerning the Family Support Division of the Office of the District Attorney in a report made in 2003. This bill further requires the Division of Welfare and Supportive Services of the Department of Health and Human Services to prepare a report for submission to the 75th Session of the Nevada Legislature concerning the progress made towards carrying out recommendations contained in an audit from 2006 concerning the enforcement of child support in this State.

 


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ê2007 Statutes of Nevada, Page 266 (Chapter 95, AB 536)ê

 

submission to the 75th Session of the Nevada Legislature concerning the progress made towards carrying out recommendations contained in an audit from 2006 concerning the enforcement of child support in this State. The district attorneys of this State are required to cooperate with and provide to the Division any information necessary for inclusion in the report. This bill further specifies additional topics to be included in the report from the Division. The report by the District Attorney and the report by the Division must be submitted to the Director of the Legislative Counsel Bureau not later than September 1, 2008.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The District Attorney of Clark County shall prepare a report concerning the manner in which the recommendations have been carried out or the status of such recommendations that are contained in the July 2, 2003, report entitled “Organizational Assessment of the Clark County, Nevada, District Attorney’s Family Support Division,” which was submitted to the District Attorney by Policy Studies Inc.

      2.  The Division of Welfare and Supportive Services of the Department of Health and Human Services shall prepare a report providing the manner in which the recommendations contained in the December 22, 2006, “Performance Audit of the State of Nevada’s Enforcement and Collection of Child Support” prepared by MAXIMUS have been carried out or the status of such recommendations. Each district attorney in this State shall cooperate with the Division and provide the necessary information to the Division for inclusion in the report. The report must include, without limitation, the status of, or the manner in which the Division and the district attorneys have carried out, specific recommendations to:

      (a) Centralize processing of cases and call center functions;

      (b) Measure the success of the Program for the Enforcement of Child Support through performance measures rather than policy adherence;

      (c) Improve reporting by management;

      (d) Develop and adhere to a strategic plan; and

      (e) Develop a document imaging system.

      3.  The report prepared pursuant to subsection 2 must also include, without limitation, information concerning:

      (a) Strategic planning among the district attorneys of this State concerning the future funding for the enforcement of child support in Nevada;

      (b) Programs to enforce child support in other states with a distribution of population which is similar to the distribution in Nevada;

      (c) Options for creating a regional structure in Nevada and whether such options would enhance efficiency and benefit the Program for the Enforcement of Child Support and the agencies involved in the collection of child support;

      (d) Training programs that have been implemented for employees who assist in the collection of child support;

      (e) An analysis of the benefits and detriments of using administrative hearing officers rather than masters in matters relating to the enforcement of child support; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 267 (Chapter 95, AB 536)ê

 

      (f) The status of improvements in information technology, including, without limitation, technology for case management to replace the Nevada Operations of Multi-Automated Data Systems currently used in the collection of child support.

      4.  The reports prepared pursuant to this section must be submitted to the Director of the Legislative Counsel Bureau not later than September 1, 2008, for distribution to the 75th Session of the Nevada Legislature.

      5.  As used in this section, “Program for the Enforcement of Child Support” means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and other provisions of that Act relating to the enforcement of child support.

________

 

CHAPTER 96, AB 548

Assembly Bill No. 548–Committee on Ways and Means

 

CHAPTER 96

 

AN ACT making supplemental appropriations to the State Department of Agriculture; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Plant Industry Account of the State Department of Agriculture the sum of $10,202 for a shortfall created by an imbalance of transfers into the Account. This appropriation is supplemental to that made by section 25 of chapter 434, Statutes of Nevada 2005, at page 1941.

      2.  There is hereby appropriated from the State General Fund to the State Department of Agriculture for veterinary medical services the sum of $8,566 for unanticipated utility costs for Fiscal Year 2006-2007. This appropriation is supplemental to that made by section 25 of chapter 434, Statutes of Nevada 2005, at page 1941.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê2007 Statutes of Nevada, Page 268ê

 

CHAPTER 97, AB 556

Assembly Bill No. 556–Committee on Ways and Means

 

CHAPTER 97

 

AN ACT making supplemental appropriations to the Supreme Court of Nevada for judicial selection and unforeseen expenditures; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Supreme Court of Nevada the sum of $160,460 for a projected revenue shortfall and unforeseen expenditures relating to the Regional Justice Center in Las Vegas and the E-Filing System. This appropriation is supplemental to that made by section 11 of chapter 434, Statutes of Nevada 2005, at page 1937.

      2.  There is hereby appropriated from the State General Fund to the Supreme Court of Nevada the sum of $9,000 for the cost of judicial selection expected in Fiscal Year 2006-2007. This appropriation is supplemental to that made by section 11 of chapter 434, Statutes of Nevada 2005, at page 1937.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 98, AB 283

Assembly Bill No. 283–Assemblymen Settelmeyer, Beers, Christensen, Cobb, Hardy, Kirkpatrick, Koivisto and Stewart

 

CHAPTER 98

 

AN ACT relating to care facilities; requiring child care facilities and facilities for the care of adults during the day to maintain and provide certain information to the parents, guardians or legal representatives of persons cared for in those facilities; requiring licensing authorities to provide summaries and reports to the facilities of certain complaints against the facilities; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the licensing of child care facilities (chapter 432A of NRS) and facilities for the care of adults during the day (chapter 449 of NRS). Section 1 of this bill requires child care facilities to maintain records of licensure and disciplinary action, and to make that information available to the public and the parents or guardians of children cared for in the facility. Section 2 of this bill makes failure to comply with this requirement a ground for revocation of the facility’s license.

 


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ê2007 Statutes of Nevada, Page 269 (Chapter 98, AB 283)ê

 

Sections 3 and 4 of this bill impose similar requirements with respect to facilities for the care of adults during the day. Sections 2 and 4 also require that summaries and reports of complaints against the facilities be provided to the facilities under certain circumstances and made available to the public.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A child care facility shall maintain a copy of:

      (a) The license issued to the facility by the Bureau or an agency for the licensing of child care facilities established by a county or incorporated city;

      (b) Any summaries of complaints provided to the facility pursuant to subsection 3 of NRS 432A.190;

      (c) The report of any investigation conducted with respect to the complaints; and

      (d) The report of any disciplinary action taken against the facility pursuant to NRS 432A.190.

      2.  The information maintained pursuant to subsection 1 must be provided in the form prescribed pursuant to subsection 3:

      (a) To the parent or guardian of a child who enrolls the child in the facility, at or before the time of enrollment.

      (b) To the parent or guardian of a child, upon request, who is considering enrolling the child in the facility.

      (c) In the case of disciplinary action taken pursuant to NRS 432A.190, to the parents or guardians of all children admitted to the facility. Notice of disciplinary action must be provided to the parents or guardians of the children admitted to the facility within 3 working days after receipt by the licensed child care facility.

      3.  The Bureau shall develop a standard form for reporting the information required to be provided pursuant to subsection 2. The information reported on the form must include all required information for the 12-month period ending on the last day of the month immediately preceding the month in which the information is provided.

      4.  The Bureau and every agency for the licensing of child care facilities established by a county or incorporated city shall inform persons seeking information concerning child care facilities of their right to information pursuant to this section.

      Sec. 2.  NRS 432A.190 is hereby amended to read as follows:

      432A.190  1.  The Bureau may deny an application for a license or may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds:

      (a) Violation by the applicant or licensee or an employee of the applicant or licensee of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the child care facility for which a license is issued.

 


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ê2007 Statutes of Nevada, Page 270 (Chapter 98, AB 283)ê

 

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients of the outdoor youth program.

      (e) Conviction of any crime listed in subsection 2 of NRS 432A.170 committed by the applicant or licensee or an employee of the applicant or licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older.

      (f) Failure to comply with the provisions of section 1 of this act.

      2.  In addition to the provisions of subsection 1, the Bureau may revoke a license to operate a child care facility if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Bureau shall maintain a log of any complaints that it receives relating to activities for which the Bureau may revoke the license to operate a child care facility pursuant to subsection 2. The Bureau shall provide to a child care facility:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Bureau either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to section 1 of this act.

      4.  On or before February 1 of each odd-numbered year, the Bureau shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Bureau pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Bureau pursuant to subsection 2.

      Sec. 3.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A facility for the care of adults during the day shall maintain a copy of:

      (a) The license issued to the facility pursuant to NRS 449.001 to 449.240, inclusive;

      (b) Any summaries of complaints provided to the facility pursuant to subsection 3 of NRS 449.160;

      (c) The report of any investigation conducted with respect to the complaints; and

      (d) The report of any disciplinary action taken against the facility pursuant to NRS 449.160 or 449.163.

      2.  The information maintained pursuant to subsection 1 must be provided in the form prescribed pursuant to subsection 3:

      (a) To each patient or his legal representative, at or before the time of admission.

 


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ê2007 Statutes of Nevada, Page 271 (Chapter 98, AB 283)ê

 

      (b) To a prospective patient or his legal representative, upon request, who is considering admission of the patient to the facility.

      (c) In the case of disciplinary action taken pursuant to NRS 449.160 or 449.163, to all patients admitted to the facility and their legal representatives. Notice of disciplinary action must be provided to the legal representatives of all patients admitted to the facility within 3 working days after receipt by the facility.

      3.  The Health Division shall develop a standard form for reporting the information required to be provided pursuant to subsection 2. The information reported on the form must include all required information for the 12-month period ending on the last day of the month immediately preceding the month in which the information is provided.

      4.  The Health Division shall inform persons seeking information concerning facilities for the care of adults during the day of their right to information pursuant to this section.

      Sec. 4.  NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.

      (f) Failure to comply with the provisions of section 3 of this act.

      2.  In addition to the provisions of subsection 1, the Health Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Health Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Health Division either substantiates the complaint or is inconclusive;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 272 (Chapter 98, AB 283)ê

 

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to section 3 of this act.

      4.  On or before February 1 of each odd-numbered year, the Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Health Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Health Division pursuant to subsection 2.

________

 

CHAPTER 99, SB 190

Senate Bill No. 190–Committee on Finance

 

CHAPTER 99

 

AN ACT making an appropriation to the State Public Works Board to design housing units at institutions within the Department of Corrections; and providing other matters properly relating thereto.

 

[Approved: May 21, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Public Works Board the sum of $826,597 to design four housing units to accommodate inmate population growth at institutions within the Department of Corrections.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2007, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 3.  The State Public Works Board is authorized to use the Design-Build delivery method for this project.

      Sec. 4.  The project enumerated in this act is exempt from the competitive bidding requirements of chapters 333 and 338 of NRS, the Green Building Standards adopted pursuant to NRS 701.217, the administrative regulations concerning consultant selection procedures and the provisions of NRS 338.1711 to 338.1727, inclusive, governing contracts involving design-build teams.

      Sec. 5.  Except as otherwise specified in this act, the State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The Board shall ensure that qualified persons are employed to accomplish the authorized work.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 273 (Chapter 99, SB 190)ê

 

employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 6.  All state agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Board to expedite the completion of the project.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 100, SB 9

Senate Bill No. 9–Senator Heck

 

CHAPTER 100

 

AN ACT relating to osteopathic physicians; providing that the provisions related to obtaining the informed consent of patients apply to osteopathic physicians; and providing other matters properly relating thereto.

 

[Approved: May 22, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for when a physician or a dentist has conclusively obtained the informed consent of a patient for a medical, surgical or dental procedure. (NRS 41A.110) This bill applies those provisions to an osteopathic physician.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41A.110 is hereby amended to read as follows:

      41A.110  A physician licensed to practice medicine under the provisions of chapter 630 or 633 of NRS, or a dentist licensed to practice dentistry under the provisions of chapter 631 of NRS, has conclusively obtained the consent of a patient for a medical, surgical or dental procedure, as appropriate, if he has done the following:

      1.  Explained to the patient in general terms , without specific details, the procedure to be undertaken;

      2.  Explained to the patient alternative methods of treatment, if any, and their general nature;

      3.  Explained to the patient that there may be risks, together with the general nature and extent of the risks involved, without enumerating such risks; and

      4.  Obtained the signature of the patient to a statement containing an explanation of the procedure, alternative methods of treatment and risks involved, as provided in this section.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 274ê

 

CHAPTER 101, SB 31

Senate Bill No. 31–Committee on Judiciary

 

CHAPTER 101

 

AN ACT relating to records of criminal history; requiring an agency of criminal justice to disseminate records of criminal history to the Aging Services Division of the Department of Health and Human Services; requiring a law enforcement agency to provide to the Aging Services Division information relating to persons suspected of a crime against an older person; and providing other matters properly relating thereto.

 

[Approved: May 22, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill expands the list of persons and governmental entities entitled to receive records of criminal history from an agency of criminal justice to include the Aging Services Division of the Department of Health and Human Services. (NRS 179A.100)

      Section 2 of this bill provides that when the Aging Services Division is investigating a report of a crime against an older person, a law enforcement agency must, upon request, provide certain information relating to a person suspected of the crime. (NRS 200.50982)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives his written consent to the release of that information.

 


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prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives his written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person requesting the notice on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice , upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

 


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      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative.

      (q) The Aging Services Division of the Department of Health and Human Services or its designated representative.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      [(r)] (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      [(s)] (t) The Commissioner of Insurance.

      [(t)] (u) The Board of Medical Examiners.

      [(u)] (v) The State Board of Osteopathic Medicine.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 2.  NRS 200.50982 is hereby amended to read as follows:

      200.50982  1.  The provisions of NRS 200.5091 to 200.50995, inclusive, do not prohibit an agency which is investigating a report of abuse, neglect, exploitation or isolation, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:

      [1.] (a) The agency making the disclosure determines that the disclosure is in the best interest of the older person or vulnerable person; and

      [2.] (b) Proper safeguards are taken to ensure the confidentiality of the information.

      2.  If the Aging Services Division of the Department of Health and Human Services is investigating a report of abuse, neglect, exploitation or isolation of an older person, a law enforcement agency shall, upon request of the Aging Services Division, provide information relating to any suspect in the investigation as soon as possible.

 


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of the Aging Services Division, provide information relating to any suspect in the investigation as soon as possible. The information must include, when possible:

      (a) The records of criminal history of the suspect;

      (b) Whether or not the suspect resides with or near the older person; and

      (c) A summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 102, SB 44

Senate Bill No. 44–Committee on Judiciary

 

CHAPTER 102

 

AN ACT relating to property; enacting the Uniform Disclaimer of Property Interests Act (1999); and providing other matters properly relating thereto.

 

[Approved: May 22, 2007]

 

Legislative Counsel’s Digest:

      This bill repeals the provisions of existing law concerning the disclaimer of property interests and enacts the Uniform Disclaimer of Property Interests Act (1999). Disclaimers are used by those who receive property as heirs or legatees in an estate, or by beneficiaries of a nontestamentary transfer of property at death, such as the beneficiaries of a trust. A disclaimer is simply a declaration by the person entitled to property that the interest in that property is disclaimed or renounced. A disclaimer allows the disclaiming heir, legatee or beneficiary to disclaim an interest in such a fashion that the right to the property that is disclaimed is treated as if it never existed. The Act provides the authority to make a disclaimer, establishes what interests may be disclaimed, sets forth the time when a disclaimer is effective and addresses the effect of a disclaimer on the distribution of the disclaimed property interests. According to the National Conference of Commissioners on Uniform State Laws, the Act is designed to be a useful tool for estate planners, trustees, beneficiaries, heirs and devisees when the transfer of an interest in an estate, trust or other nontestamentary transfer would be better done without an interest actually transferring.

      Under existing law, if a person disclaims an interest in property, the disclaimed interest is distributed as provided in the instrument creating the interest or, if that instrument does not provide for the distribution of a disclaimed interest, the disclaimed interest is distributed as if the person disclaiming the interest had predeceased the person creating the interest. (NRS 120.060) Section 15 of this bill states that if the instrument creating the interest does not provide for the disposition of a disclaimed interest, the disclaimed interest passes as if the disclaimant had died before the time that it is certain to whom the disclaimed interest belongs. If the death of the disclaimant would cause the disclaimed interest to pass to the descendants of the disclaimant, the disclaimed interest passes only to the descendants who are alive at the time that it is certain to whom the disclaimed interest belongs. However, if the death of the disclaimant would cause the disclaimed interest to pass to the estate of the disclaimant, the disclaimed interest passes to the descendants of the disclaimant who are alive at the time that it is certain to whom the disclaimed interest belongs. If no descendant is alive at that time, the disclaimed interest passes according to the law of intestate succession of the domicile of the person who created the interest.

 


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no descendant is alive at that time, the disclaimed interest passes according to the law of intestate succession of the domicile of the person who created the interest.

      Existing law requires a disclaimer to be filed within a reasonable time after the person making the disclaimer obtains knowledge of the interest in the property. In addition, existing law provides that, in certain circumstances, a disclaimer is conclusively presumed to have been filed within a reasonable time, while, in other circumstances, a disclaimer is conclusively presumed not to have been filed within a reasonable time. (NRS 120.030) The Uniform Act does not express any time limitations on the making and filing of a disclaimer. However, section 22 of this bill states that, in certain circumstances, the right to disclaim is barred or limited. Under section 22, a disclaimer of a power of appointment which is barred has no effect, but a disclaimer of an interest in property which is barred has the same effect as a transfer of the interest to the person who would have taken the interest if the disclaimer had not been barred.

      Under existing law, a disclaimer that affects real property must be recorded in the same manner as a deed of real property. (NRS 120.040) Under section 24 of this bill, a disclaimer may be recorded, but a failure to record a disclaimer does not affect the validity of the disclaimer as between the disclaimant and the persons who take the property because of the disclaimer.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 120 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Disclaimer of Property Interests Act (1999).

      Sec. 3.  As used in this chapter, the words and terms defined in sections 4 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

      Sec. 5.  “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.

      Sec. 6.  “Disclaimer” means the refusal to accept an interest in or power over property.

      Sec. 7.  “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.

      Sec. 8.  “Jointly held property” means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.

      Sec. 9.  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

      Sec. 10.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.

 


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      Sec. 11.  “Trust” means:

      1.  An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and

      2.  A trust created pursuant to a statute, judgment or decree which requires the trust to be administered in the manner of an express trust.

      Sec. 12.  This chapter applies to disclaimers of any interest in or power over property, whenever created.

      Sec. 13.  1.  Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

      2.  This chapter does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than this chapter.

      Sec. 14.  1.  A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

      2.  Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

      3.  To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer and be delivered or filed in the manner provided in section 21 of this act. As used in this subsection:

      (a) “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; and

      (b) “Signed” means, with present intent to authenticate or adopt a record, to:

             (1) Execute or adopt a tangible symbol; or

             (2) Attach to or logically associate with the record an electronic sound, symbol or process.

      4.  A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power or any other interest or estate in the property.

      5.  A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 21 of this act or when it becomes effective as provided in sections 15 to 20, inclusive, of this act, whichever occurs later.

      6.  A disclaimer made under this chapter is not a transfer, assignment or release.

      Sec. 15.  1.  Except for a disclaimer governed by section 16 or 17 of this act, the following rules apply to a disclaimer of an interest in property:

      (a) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.

 


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      (b) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

      (c) If the instrument does not contain a provision described in paragraph (b), the following rules apply:

             (1) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

             (2) If the disclaimant is an individual, except as otherwise provided in subparagraphs (3) and (4), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.

             (3) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.

             (4) If the disclaimed interest would pass to the disclaimant’s estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the State but excluding the disclaimant, and in such shares as would succeed to the transferor’s intestate estate under the intestate succession law of the transferor’s domicile had the transferor died at the time of distribution. However, if the transferor’s surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.

      (d) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

      2.  As used in this section:

      (a) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

      (b) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.

      Sec. 16.  1.  Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:

      (a) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

      (b) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

      2.  A disclaimer under subsection 1 takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

      3.  An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.

      Sec. 17.  If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

 


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      Sec. 18.  If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

      1.  If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

      2.  If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

      3.  The instrument creating the power is construed as if the power expired when the disclaimer became effective.

      Sec. 19.  1.  A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.

      2.  A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.

      Sec. 20.  1.  If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

      2.  If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

      3.  A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust or other person for whom the fiduciary is acting.

      Sec. 21.  1.  Subject to subsections 2 to 11, inclusive, delivery of a disclaimer may be effected by personal delivery, first-class mail or any other method likely to result in its receipt.

      2.  In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

      (a) A disclaimer must be delivered to the personal representative of the decedent’s estate; or

      (b) If no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.

      3.  In the case of an interest in a testamentary trust:

      (a) A disclaimer must be delivered to the trustee then serving or, if no trustee is then serving, to the personal representative of the decedent’s estate; or

      (b) If no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.

      4.  In the case of an interest in an inter vivos trust:

      (a) A disclaimer must be delivered to the trustee then serving;

      (b) If no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust; or

      (c) If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest.

      5.  In the case of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, a disclaimer must be delivered to the person making the beneficiary designation.

 


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      6.  In the case of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, a disclaimer must be delivered to the person obligated to distribute the interest.

      7.  In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.

      8.  In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created:

      (a) The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

      (b) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

      9.  In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

      (a) The disclaimer must be delivered to the holder, the personal representative of the holder’s estate or to the fiduciary under the instrument that created the power; or

      (b) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

      10.  In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection 2, 3 or 4, as if the power disclaimed were an interest in property.

      11.  In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal’s representative.

      12.  As used in this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:

      (a) An annuity or insurance policy;

      (b) An account with a designation for payment on death;

      (c) A security registered in beneficiary form;

      (d) A pension, profit-sharing, retirement or other employment-related benefit plan; or

      (e) Any other nonprobate transfer at death.

      Sec. 22.  1.  A disclaimer is barred by a written waiver of the right to disclaim.

      2.  A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

      (a) The disclaimant accepts the interest sought to be disclaimed;

      (b) The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or

      (c) A judicial sale of the interest sought to be disclaimed occurs.

      3.  A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

      4.  A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

      5.  A disclaimer is barred or limited if so provided by law other than this chapter.

      6.  A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.

 


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barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.

      Sec. 23.  Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.

      Sec. 24.  If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

      Sec. 25.  Except as otherwise provided in section 22 of this act, an interest in or power over property existing on October 1, 2007, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after October 1, 2007.

      Sec. 26.  This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).

      Sec. 27.  In applying and construing the Uniform Disclaimer of Property Interests Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 28.  NRS 120.010, 120.020, 120.030, 120.040, 120.050, 120.060, 120.070, 120.080, 120.090, 132.105 and 132.110 are hereby repealed.

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ê2007 Statutes of Nevada, Page 284ê

 

CHAPTER 103, SB 46

Senate Bill No. 46–Committee on Judiciary

 

CHAPTER 103

 

AN ACT relating to trusts; enacting the Uniform Custodial Trust Act; and providing other matters properly relating thereto.

 

[Approved: May 22, 2007]

 

Legislative Counsel’s Digest:

      This bill enacts the Uniform Custodial Trust Act, which was promulgated by the National Conference of Commissioners on Uniform State Laws in 1987 and intended to make a simplified custodial trust available to persons without extensive financial assets.

      Section 19 of this bill allows any person to create a custodial trust by executing a statement that property is being placed in a custodial trust. The statement may be a separate document or merely a notation on an existing title document. In addition, section 20 of this bill permits a trust that arises upon the happening of a future event. Any person can create such a trust with respect to specific property by executing a statement which indicates that the trust will be established upon the happening of the event. Under section 21 of this bill, the trustee’s obligations arise upon acceptance of the property.

      Section 22 of this bill allows any person obligated to an incapacitated person who does not have a conservator to establish a custodial trust into which property satisfying the obligation is placed for the incapacitated person as beneficiary. If the value of the property so placed exceeds $20,000, however, a transfer into such a trust must be approved by a court.

      Sections 24-26 of this bill govern the duties and powers of the trustee of a custodial trust. Section 24 requires a trustee to follow the directions of the beneficiary if the beneficiary is not incapacitated. Moreover, if the beneficiary is not incapacitated, section 26 requires a trustee to pay to the beneficiary as much of the trust property as the beneficiary directs.

      Section 27 of this bill allows a custodial trustee or a court to determine that a beneficiary of a custodial trust has become incapacitated. A determination that the beneficiary is incapacitated does not terminate the custodial trust or any of the powers of the custodial trustee. If the beneficiary of the custodial trust becomes incapacitated, the custodial trust continues as a discretionary trust, with the trustee as a fiduciary who must act with the care that would be used by a prudent person who was dealing with the property of another.

      Section 19 of this bill allows the beneficiary of a custodial trust who is not incapacitated to terminate the custodial trust at any time. If a custodial trust has not been terminated during the lifetime of the beneficiary, the custodial trust terminates upon the death of the beneficiary. Under section 34 of this bill, a beneficiary may direct the trustee in a writing to distribute the trust property in any fashion the beneficiary desires at the beneficiary’s death.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 13 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 37, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Nevada Uniform Custodial Trust Act.

 


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      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Adult” means an individual who is at least 18 years of age.

      Sec. 5.  “Beneficiary” means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual’s use and benefit under this chapter.

      Sec. 6.  “Conservator” means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.

      Sec. 7.  “Court” means the district court of this State.

      Sec. 8.  “Custodial trust property” means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest.

      Sec. 9.  “Custodial trustee” means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated.

      Sec. 10.  “Guardian” means a person appointed or qualified by a court as a guardian of an individual, including, without limitation, a limited guardian, but not a person who is only a guardian ad litem.

      Sec. 11.  “Incapacitated” means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause.

      Sec. 12.  “Legal representative” means a personal representative or conservator.

      Sec. 13.  “Member of the beneficiary’s family” means a beneficiary’s spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.

      Sec. 14.  “Person” means an individual, corporation, business trust, estate, trust, partnership, joint venture, association or any other legal or commercial entity.

      Sec. 15.  “Personal representative” means an executor, administrator or special administrator of a decedent’s estate, a person legally authorized to perform substantially the same functions or a successor to any of them.

      Sec. 16.  “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

      Sec. 17.  “Transferor” means a person who creates a custodial trust by transfer or declaration.

      Sec. 18.  “Trust company” means a financial institution, corporation or other legal entity, authorized to exercise general trust powers.

      Sec. 19.  1.  A person may create a custodial trust of property by a written transfer of the property to another person evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under the Nevada Uniform Custodial Trust Act.

      2.  A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under the Nevada Uniform Custodial Trust Act.

 


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ê2007 Statutes of Nevada, Page 286 (Chapter 103, SB 46)ê

 

in which the declarant as titleholder is designated, in substance, as custodial trustee under the Nevada Uniform Custodial Trust Act. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.

      3.  Title to custodial trust property is in the custodial trustee, and the beneficial interest is in the beneficiary.

      4.  Except as otherwise provided in subsection 5, a transferor may not terminate a custodial trust.

      5.  The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.

      6.  Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter.

      7.  The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.

      8.  This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.

      Sec. 20.  1.  A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act.”

      2.  Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.

      3.  A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer or obligor of the future right.

      Sec. 21.  1.  Obligations of a custodial trustee, including, without limitation, the obligation to follow the directions of the beneficiary, arise under this chapter upon the custodial trustee’s acceptance, express or implied, of the custodial trust property.

      2.  The custodial trustee’s acceptance may be evidenced by a writing stating in substance:

 

CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE

 

       I, ____________ (name of custodial trustee), acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for _________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Nevada Uniform Custodial Trust Act.

 


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ê2007 Statutes of Nevada, Page 287 (Chapter 103, SB 46)ê

 

Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is or becomes incapacitated. The custodial trust property consists of _________________________.

 

Dated:__________________________

________________________________

(Signature of Custodial Trustee)

 

      3.  Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.

      Sec. 22.  1.  Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 20 of this act, a person, including, without limitation, a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary’s family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court.

      2.  A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.

      Sec. 23.  1.  Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property.

      2.  Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.

      3.  A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to sections 24 and 32 of this act for the administration of the custodial trust.

      Sec. 24.  1.  If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

      2.  If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee’s discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.

      3.  Subject to subsection 2, a custodial trustee shall take control of and collect, hold, manage, invest and reinvest custodial trust property.

 


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      4.  A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act.”

      5.  A custodial trustee shall keep records of all transactions with respect to custodial trust property, including, without limitation, information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

      6.  The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.

      Sec. 25.  1.  A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.

      2.  This section does not relieve a custodial trustee from liability for a violation of section 24 of this act.

      Sec. 26.  1.  A custodial trustee shall pay to the beneficiary or expend for the beneficiary’s use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.

      2.  If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income or property of the beneficiary.

      3.  A custodial trustee may establish checking, savings or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.

      Sec. 27.  1.  The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if:

      (a) The custodial trust was created under section 22 of this act;

      (b) The transferor has so directed in the instrument creating the custodial trust; or

      (c) The custodial trustee has determined that the beneficiary is incapacitated.

      2.  A custodial trustee may determine that the beneficiary is incapacitated in reliance upon:

 


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ê2007 Statutes of Nevada, Page 289 (Chapter 103, SB 46)ê

 

      (a) Previous direction or authority given by the beneficiary while not incapacitated, including, without limitation, direction or authority pursuant to a durable power of attorney;

      (b) The certificate of the beneficiary’s physician; or

      (c) Other persuasive evidence.

      3.  If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary’s incapacity has ceased, or that circumstances concerning the beneficiary’s ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.

      4.  On petition of the beneficiary, the custodial trustee or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.

      5.  Absent determination of incapacity of the beneficiary under subsection 2 or 4, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.

      6.  Incapacity of a beneficiary does not terminate:

      (a) The custodial trust;

      (b) Any designation of a successor custodial trustee;

      (c) Rights or powers of the custodial trustee; or

      (d) Any immunities of third persons acting on instructions of the custodial trustee.

      Sec. 28.  A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining:

      1.  The validity of the purported custodial trustee’s designation;

      2.  The propriety of, or the authority under this chapter for, any action of the purported custodial trustee;

      3.  The validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or

      4.  The propriety of the application of property vested in the purported custodial trustee.

      Sec. 29.  1.  A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property or a tort committed in the course of administering the custodial trust may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.

      2.  A custodial trustee is not personally liable to a third person:

      (a) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or

 


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      (b) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.

      3.  A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.

      4.  Subsections 2 and 3 do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.

      Sec. 30.  1.  Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor or the transferor’s legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under section 20 of this act becomes the custodial trustee or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to section 20 of this act. In other cases, the transferor or the transferor’s legal representative may designate a substitute custodial trustee.

      2.  A custodial trustee who has accepted the custodial trust property may resign by:

      (a) Delivering written notice to a successor custodial trustee, if any, the beneficiary and, if the beneficiary is incapacitated, to the beneficiary’s conservator, if any; and

      (b) Transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection 3.

      3.  If a custodial trustee or successor custodial trustee is ineligible, resigns, dies or becomes incapacitated, the successor designated under subsection 7 of section 19 of this act or section 20 of this act becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within 90 days after the ineligibility, resignation, death or incapacity of the custodial trustee, the beneficiary’s conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee.

      4.  If a successor custodial trustee is not designated pursuant to subsection 3, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary’s family, the guardian of the beneficiary, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court to designate a successor custodial trustee.

      5.  A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received.

 


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      6.  A beneficiary, the beneficiary’s conservator, an adult member of the beneficiary’s family, a guardian of the person of the beneficiary, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties or for other appropriate relief.

      Sec. 31.  Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary or by court order, a custodial trustee:

      1.  Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;

      2.  Has a noncumulative election, to be made no later than 6 months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and

      3.  Need not furnish a bond or other security for the faithful performance of fiduciary duties.

      Sec. 32.  1.  Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property:

      (a) Once each year;

      (b) Upon request at reasonable times by the beneficiary or the beneficiary’s legal representative;

      (c) Upon resignation or removal of the custodial trustee; and

      (d) Upon termination of the custodial trust.

Ê The statements must be provided to the beneficiary or to the beneficiary’s legal representative, if any. Upon termination of the beneficiary’s interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.

      2.  A beneficiary, the beneficiary’s legal representative, an adult member of the beneficiary’s family, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee’s legal representative.

      3.  A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.

      4.  In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee’s legal representative to account. The custodial trustee or the custodial trustee’s legal representative may petition the court for approval of final accounts.

      5.  If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.

      6.  On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.

 


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acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.

      Sec. 33.  1.  Except as otherwise provided in subsection 3, unless previously barred by adjudication, consent or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered or the legal representative of an incapacitated or deceased beneficiary or payee:

      (a) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 2 years after receipt of the final account or statement; or

      (b) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 3 years after the termination of the custodial trust.

      2.  Except as otherwise provided in subsection 3, a claim for relief to recover from a custodial trustee for fraud, misrepresentation or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust is barred unless an action or proceeding to assert the claim is commenced within 5 years after the termination of the custodial trust.

      3.  A claim for relief is not barred by this section if the claimant:

      (a) Is a minor, until the earlier of 2 years after the claimant becomes an adult or dies;

      (b) Is an incapacitated adult, until the earliest of 2 years after:

             (1) The appointment of a conservator;

             (2) The removal of the incapacity; or

             (3) The death of the claimant; or

      (c) Was an adult, now deceased, who was not incapacitated, until 2 years after the claimant’s death.

      Sec. 34.  1.  Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:

      (a) To the beneficiary, if not incapacitated or deceased;

      (b) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or

      (c) Upon the beneficiary’s death, in the following order:

             (1) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;

             (2) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 23 of this act;

             (3) As designated in the instrument creating the custodial trust; or

             (4) To the estate of the deceased beneficiary.

      2.  If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.

      3.  Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.

 


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      Sec. 35.  1.  If a transaction, including, without limitation, a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section 19 of this act are satisfied by either:

      (a) The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:

 

TRANSFER UNDER THE NEVADA UNIFORM CUSTODIAL TRUST ACT

 

       I, _______________ (name of transferor or name and representative capacity if a fiduciary), transfer to _______________ (name of trustee other than transferor), as custodial trustee for _______________ (name of beneficiary) as beneficiary and ______________ as distributee on termination of the trust in absence of direction by the beneficiary under the Nevada Uniform Custodial Trust Act, the following: (insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).

 

Dated: ______________________

______________________________

(Signature)

 

      (b) The execution and the recording or giving notice of its execution to the beneficiary of an instrument in substantially the following form:

 

DECLARATION OF TRUST UNDER THE NEVADA UNIFORM CUSTODIAL TRUST ACT

 

       I, _______________ (name of owner of property), declare that henceforth I hold as custodial trustee for _______________ (name of beneficiary other than transferor) as beneficiary and _______________ as distributee on termination of the trust in absence of direction by the beneficiary under the Nevada Uniform Custodial Trust Act, the following: (Insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).

 

Dated: ______________________

______________________________

(Signature)

 

      2.  Customary methods of transferring or evidencing ownership of property may be used to create a custodial trust, including, without limitation, any of the following:

      (a) Registration of a security in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”;

 


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      (b) Delivery of a certificated security, or a document necessary for the transfer of an uncertificated security, together with any necessary endorsement, to an adult other than the transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially the form prescribed in paragraph (a) of subsection 1;

      (c) Payment of money or transfer of a security held in the name of a broker or a financial institution or its nominee to a broker or financial institution for credit to an account in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”;

      (d) Registration of ownership of a life or endowment insurance policy or annuity contract with the issuer in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”;

      (e) Delivery of a written assignment to an adult other than the transferor or to a trust company whose name in the assignment is designated in substance by the words: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”;

      (f) Irrevocable exercise of a power of appointment, pursuant to its terms, in favor of a trust company, an adult other than the donee of the power or the donee who holds the power if the beneficiary is other than the donee, whose name in the appointment is designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”;

      (g) Delivery of a written notification or assignment of a right to future payment under a contract to an obligor which transfers the right under the contract to a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, whose name in the notification or assignment is designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”;

      (h) Execution, delivery and recordation of a conveyance of an interest in real property in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”;

      (i) Issuance of a certificate of title by an agency of a state or of the United States which evidences title to tangible personal property:

             (1) Issued in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”; or

             (2) Delivered to a trust company or an adult other than the transferor or endorsed by the transferor to that person, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act”; or

 


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      (j) Execution and delivery of an instrument of gift to a trust company or an adult other than the transferor, designated in substance: “as custodial trustee for _______________ (name of beneficiary) under the Nevada Uniform Custodial Trust Act.”

      Sec. 36.  1.  This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary or custodial trustee is a resident of or has its principal place of business in this State or custodial trust property is located in this State. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary or custodial trustee, or removal of the custodial trust property from this State.

      2.  A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in this State.

      Sec. 37.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

________

 

CHAPTER 104, SB 56

Senate Bill No. 56–Committee on Government Affairs

 

CHAPTER 104

 

AN ACT relating to counties; revising the area in certain counties within which the provisions of the building code of a city may supersede the provisions of the building code of the county in which the city is located; and providing other matters properly relating thereto.

 

[Approved: May 22, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the provisions of the building code of a city that are more stringent than provisions of the building code of the county in which the city is located supersede the inconsistent provisions of the county’s building code within the boundaries of the city and within a 1-mile limit outside of those boundaries, except with respect to certain farm and ranch buildings. (NRS 244.368) This bill limits the area in counties with a population of 400,000 or more (currently Clark County) within which the more stringent provisions of a city’s building code supersede the inconsistent provisions of the building code of the county to the boundaries of the city, except with respect to certain farm and ranch buildings.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.368 is hereby amended to read as follows:

      244.368  1.  [A] In a county whose population is less than 400,000, a city’s building code [which] that has rules, regulations and specifications more stringent than the building code of the county within which the city is located supersedes, with respect to the area within the city and within a 1-mile limit outside of the boundaries of the city, any provisions of the county’s building code not consistent therewith.

 


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ê2007 Statutes of Nevada, Page 296 (Chapter 104, SB 56)ê

 

located supersedes, with respect to the area within the city and within a 1-mile limit outside of the boundaries of the city, any provisions of the county’s building code not consistent therewith.

      2.  In a county whose population is 400,000 or more, a city’s building code that has rules, regulations and specifications more stringent than the building code of the county within which the city is located supersedes, with respect to the area within the city, any provisions of the county’s building code not consistent therewith.

      3.  The provisions of this section do not apply to farm or ranch buildings in existence on March 30, 1959.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 105, SB 81

Senate Bill No. 81–Senators Titus, Townsend and Wiener

 

CHAPTER 105

 

AN ACT relating to emergency management; requiring state and local plans for emergency management to address the needs of persons with pets or service animals during and after an emergency or disaster; and providing other matters properly relating thereto.

 

[Approved: May 22, 2007]

 

Legislative Counsel’s Digest:

      This bill requires that a plan for emergency management prepared by the Governor or adopted by a local government address the needs of persons with household animals in an emergency or disaster. (NRS 414.060)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 414 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An emergency management plan prepared by the Governor pursuant to NRS 414.060 or adopted by a political subdivision or a local organization for emergency management must, without limitation, address the needs of persons with pets, service animals or service animals in training during and after an emergency or disaster.

      2.  As used in this section:

      (a) “Pet” has the meaning ascribed to it in NRS 574.615.

      (b) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (c) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

________

 


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ê2007 Statutes of Nevada, Page 297ê

 

CHAPTER 106, SB 168

Senate Bill No. 168–Senator Care

 

CHAPTER 106

 

AN ACT relating to real property; enacting the Uniform Assignment of Rents Act; and providing other matters properly relating thereto.

 

[Approved: May 22, 2007]

 

Legislative Counsel’s Digest:

      Nevada has adopted the lien theory of mortgages under which “no title passes to the mortgagee by virtue of the mortgage” and the mortgage grants the mortgagee only a right of security, which is capable of being enforced by foreclosure if the mortgagor defaults on the mortgage obligation. (Flyge v. Flynn, 63 Nev. 201, 224 (1946)) Because no title passes to the mortgagee, a mortgage does not by itself convey to the mortgagee the right to collect rents accruing from the mortgaged real property. To address the circumstances which arise when a mortgagee obtains the right to collect rents accruing from the mortgaged real property, the Uniform Law Commissioners promulgated the Uniform Assignment of Rents Act in 2005.

      Section 24 of this bill provides that any mortgage, deed of trust or other document that creates a security interest in real property also creates an assignment of rents, which is a security interest in the rents arising from the real property. Section 25 of this bill allows the assignment of rents to be recorded in the office of the recorder of the county in which the real property is located. Upon recording, the assignment of rents is perfected and takes priority over the rights of a person that acquires a judicial lien against, or purchases an interest in, the rents or the real property from which the rents arise.

      Under section 27 of this bill, an assignee under an assignment of rents may enforce the security interest by petitioning for the appointment of a receiver if the assignor is in default and has agreed to the appointment of a receiver in the event of the assignor’s default or if the assignee has been made insecure about the enforcement of the security interest.

      Section 28 of this bill allows an assignee to enforce an assignment of rents by means of a notification to the assignor following default. If the assignor fails to pay over to the assignee any rents he collects following receipt of the notification, section 34 of this bill provides that the assignor is liable to the assignee for the amount of the rents not paid over to the assignee.

      Section 29 of this bill provides that an assignee may enforce an assignment of rents by notification to the tenants of the real property following a default by the assignor. Once a tenant receives a notification, the tenant must pay any unpaid accrued rents and any unaccrued rents as they accrue to the assignee. If a tenant pays rent to an assignee following receipt of a notification, the tenant discharges his rental obligation to the assignee. However, unless the tenant occupies the premises as his primary residence, a tenant who pays rent to the assignor following receipt of a notification has not discharged his rental obligations to the assignee.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 9 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 38, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Assignment of Rents Act.

 


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ê2007 Statutes of Nevada, Page 298 (Chapter 106, SB 168)ê

 

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 22, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Assignee” means a person entitled to enforce an assignment of rents.

      Sec. 5.  “Assignment of rents” means a transfer of an interest in rents in connection with an obligation secured by real property located in this State and from which the rents arise.

      Sec. 6.  “Assignor” means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise.

      Sec. 7.  “Cash proceeds” means proceeds that are money, checks, deposit accounts or the like.

      Sec. 8.  “Day” means calendar day.

      Sec. 9.  “Deposit account” means a demand, time, savings, passbook or similar account maintained with a bank, savings bank, savings and loan association, credit union or trust company.

      Sec. 10.  “Document” means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form.

      Sec. 11.  “Notification” means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information.

      Sec. 12.  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

      Sec. 13.  “Proceeds” means personal property that is received or collected on account of a tenant’s obligation to pay rents.

      Sec. 14.  “Purchase” means to take by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift or any other voluntary transaction creating an interest in property.

      Sec. 15.  “Rents” means:

      1.  Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;

      2.  Sums payable to an assignor under a policy of rental interruption insurance covering real property;

      3.  Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;

      4.  Sums payable to terminate an agreement to possess or occupy real property of another person;

      5.  Sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or

      6.  Any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this State other than this chapter.

      Sec. 16.  “Secured obligation” means an obligation the performance of which is secured by an assignment of rents.

 


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ê2007 Statutes of Nevada, Page 299 (Chapter 106, SB 168)ê

 

      Sec. 17.  “Security instrument” means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property.

      Sec. 18.  “Security interest” means an interest in property that arises by agreement and secures performance of an obligation.

      Sec. 19.  “Sign” means, with present intent to authenticate or adopt a document:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the document an electronic sound, symbol or process.

      Sec. 20.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 21.  “Submit for recording” means to submit a document complying with applicable legal standards, with required fees and taxes, to the appropriate governmental office pursuant to NRS 111.310 to 111.365, inclusive.

      Sec. 22.  “Tenant” means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person.

      Sec. 23.  1.  Except as otherwise provided in subsections 3 and 4, a person gives a notification or a copy of a notification under this chapter:

      (a) By depositing it with the United States Postal Service or with a commercially reasonable delivery service, properly addressed to the intended recipient’s address as specified in subsection 2, with first-class postage or cost of delivery provided for; or

      (b) If the recipient agreed to receive notification by facsimile transmission, electronic mail or other electronic transmission, by sending it to the recipient in the agreed manner at the address specified in the agreement.

      2.  The following rules determine the proper address for giving a notification under subsection 1:

      (a) A person giving a notification to an assignee shall use the address for notices to the assignee provided in the document creating the assignment of rents, but, if the assignee has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.

      (b) A person giving a notification to an assignor shall use the address for notices to the assignor provided in the document creating the assignment of rents, but, if the assignor has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.

      (c) If a tenant’s agreement with an assignor provides an address for notices to the tenant and the person giving notification has received a copy of the agreement or knows the address for notices specified in the agreement, the person giving the notification shall use that address in giving a notification to the tenant. Otherwise, the person shall use the address of the premises covered by the agreement.

      3.  If a person giving a notification pursuant to this chapter and the recipient have agreed to the method for giving a notification, any notification must be given by that method.

 


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ê2007 Statutes of Nevada, Page 300 (Chapter 106, SB 168)ê

 

      4.  If a notification is received by the recipient, it is effective even if it was not given in accordance with subsection 1 or 3.

      Sec. 24.  1.  An enforceable security instrument creates an assignment of rents arising from the real property described in the security instrument, unless the security instrument provides otherwise.

      2.  An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the document creating the assignment, regardless of whether the document is in the form of an absolute assignment, an absolute assignment conditioned upon default, an assignment as additional security or any other form. The security interest in rents is separate and distinct from any security interest held by the assignee in the real property.

      Sec. 25.  1.  A document creating an assignment of rents may be submitted for recording in the office of the recorder of the county in which the real property is located in the same manner as any other document evidencing a conveyance of an interest in real property.

      2.  Upon recording, the security interest in rents created by an assignment of rents is fully perfected, even if a provision of the document creating the assignment or law of this State other than this chapter would preclude or defer enforcement of the security interest until the occurrence of a subsequent event, including, without limitation, a subsequent default of the assignor, the assignee’s obtaining possession of the real property or the appointment of a receiver.

      3.  Except as otherwise provided in subsection 4, a perfected security interest in rents takes priority over the rights of a person that, after the security interest is perfected:

      (a) Acquires a judicial lien against the rents or the real property from which the rents arise; or

      (b) Purchases an interest in the rents or the real property from which the rents arise.

      4.  A perfected security interest in rents has priority over the rights of a person described in subsection 3 with respect to future advances to the same extent as the assignee’s security interest in the real property has priority over the rights of that person with respect to future advances.

      Sec. 26.  1.  An assignee may enforce an assignment of rents using one or more of the methods specified in sections 27, 28 and 29 of this act or any other method sufficient to enforce the assignment under law of this State other than this chapter.

      2.  From the date of enforcement, the assignee or, in the case of enforcement by appointment of a receiver under section 27 of this act, the receiver is entitled to collect all rents that:

      (a) Have accrued but remain unpaid on that date; and

      (b) Accrue on or after that date, as those rents accrue.

      Sec. 27.  1.  An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if:

      (a) The assignor is in default and:

             (1) The assignor has agreed in a signed document to the appointment of a receiver in the event of the assignor’s default;

             (2) It appears likely that the real property may not be sufficient to satisfy the secured obligation;

             (3) The assignor has failed to turn over to the assignee proceeds that the assignee was entitled to collect; or

 


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ê2007 Statutes of Nevada, Page 301 (Chapter 106, SB 168)ê

 

             (4) A subordinate assignee of rents obtains the appointment of a receiver for the real property; or

      (b) Other circumstances exist that would justify the appointment of a receiver under law of this State other than this chapter.

      2.  An assignee may file a petition for the appointment of a receiver in connection with an action:

      (a) To foreclose the security instrument;

      (b) For specific performance of the assignment;

      (c) Seeking a remedy on account of waste or threatened waste of the real property subject to the assignment; or

      (d) Otherwise to enforce the secured obligation or the assignee’s remedies arising from the assignment.

      3.  An assignee that files a petition under subsection 2 shall also give a copy of the petition in the manner specified in section 23 of this act to any other person that, 10 days before the date the petition is filed, held a recorded assignment of rents arising from the real property.

      4.  If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the court enters an order appointing a receiver for the real property subject to the assignment.

      5.  From the date of its appointment, a receiver is entitled to collect rents as provided in subsection 2 of section 26 of this act. The receiver also has the authority provided in the order of appointment and law of this State other than this chapter.

      6.  The following rules govern priority among receivers:

      (a) If more than one assignee qualifies under this section for the appointment of a receiver, a receivership requested by an assignee entitled to priority in rents under this chapter has priority over a receivership requested by a subordinate assignee, even if a court has previously appointed a receiver for the subordinate assignee.

      (b) If a subordinate assignee obtains the appointment of a receiver, the receiver may collect the rents and apply the proceeds in the manner specified in the order appointing the receiver until a receiver is appointed under a senior assignment of rents.

      Sec. 28.  1.  Upon the assignor’s default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect under section 26 of this act. The assignee shall also give a copy of the notification to any other person that, 10 days before the notification date, held a recorded assignment of rents arising from the real property.

      2.  If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the assignor receives a notification under subsection 1.

      3.  An assignee’s failure to give a notification under subsection 1 to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor, but the other person is entitled to any relief permitted under law of this State other than this chapter.

      4.  An assignee that holds a security interest in rents solely by virtue of subsection 1 of section 24 of this act may not enforce the security interest under this section while the assignor occupies the real property as the assignor’s primary residence.

 


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ê2007 Statutes of Nevada, Page 302 (Chapter 106, SB 168)ê

 

      Sec. 29.  1.  Upon the assignor’s default, or as otherwise agreed by the assignor, the assignee may give to a tenant of the real property a notification demanding that the tenant pay to the assignee all unpaid accrued rents and all unaccrued rents as they accrue. The assignee shall give a copy of the notification to the assignor and to any other person that, 10 days before the notification date, held a recorded assignment of rents arising from the real property. The notification must be signed by the assignee and:

      (a) Identify the tenant, assignor, assignee, premises covered by the agreement between the tenant and the assignor and assignment of rents being enforced;

      (b) Provide the recording data for the document creating the assignment or other reasonable proof that the assignment was made;

      (c) State that the assignee has the right to collect rents in accordance with the assignment;

      (d) Direct the tenant to pay to the assignee all unpaid accrued rents and all unaccrued rents as they accrue;

      (e) Describe the manner in which subsections 3 and 4 affect the tenant’s payment obligations;

      (f) Provide the name and telephone number of a contact person and an address to which the tenant can direct payment of rents and any inquiry for additional information about the assignment or the assignee’s right to enforce the assignment; and

      (g) Contain a statement that the tenant may consult a lawyer if the tenant has questions about its rights and obligations.

      2.  If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the tenant receives a notification substantially complying with subsection 1.

      3.  Subject to subsection 4 and any other claim or defense that a tenant has under law of this State other than this chapter, following receipt of a notification substantially complying with subsection 1:

      (a) A tenant is obligated to pay to the assignee all unpaid accrued rents and all unaccrued rents as they accrue, unless the tenant has previously received a notification from another assignee of rents given by that assignee in accordance with this section and the other assignee has not cancelled that notification;

      (b) Unless the tenant occupies the premises as the tenant’s primary residence, a tenant that pays rents to the assignor is not discharged from the obligation to pay rents to the assignee;

      (c) A tenant’s payment to the assignee of rents then due satisfies the tenant’s obligation under the tenant’s agreement with the assignor to the extent of the payment made; and

      (d) A tenant’s obligation to pay rents to the assignee continues until the tenant receives a court order directing the tenant to pay the rent in a different manner or a signed document from the assignee cancelling its notification, whichever occurs first.

      4.  A tenant that has received a notification under subsection 1 is not in default for nonpayment of rents accruing within 30 days after the date the notification is received before the earlier of:

      (a) Ten days after the date the next regularly scheduled rental payment would be due; or

      (b) Thirty days after the date the tenant receives the notification.

 


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ê2007 Statutes of Nevada, Page 303 (Chapter 106, SB 168)ê

 

      5.  Upon receiving a notification from another creditor that is entitled to priority under subsection 3 of section 25 of this act that the other creditor has enforced and is continuing to enforce its interest in rents, an assignee that has given a notification to a tenant under subsection 1 shall immediately give another notification to the tenant cancelling the earlier notification.

      6.  An assignee’s failure to give a notification under subsection 1 to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor and those tenants receiving the notification. However, the person entitled to the notification is entitled to any relief permitted by law of this State other than this chapter.

      7.  An assignee that holds a security interest in rents solely by virtue of subsection 1 of section 24 of this act may not enforce the security interest under this section while the assignor occupies the real property as the assignor’s primary residence.

      Sec. 30.  No particular phrasing is required for the notification specified in section 29 of this act. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of section 29 of this act:

 

NOTIFICATION TO PAY RENTS TO PERSON OTHER THAN LANDLORD

 

Tenant: _____________________________________________

                                                                  Name of tenant

 

Property Occupied by Tenant (the “Premises”): ______________

                                                                                                             Address

 

Landlord: ___________________________________________

                                                                Name of landlord

 

Assignee: ____________________________________________

                                                                Name of assignee

 

Address of Assignee and Telephone Number of Contact Person:

 

                                                                                                                         

                                                      Address of assignee

 

                                                                                                                         

                                    Telephone number of person to contact

 

       1.  The Assignee named above has become the person entitled to collect your rents on the Premises listed above under ____________________ (Name of document) (the “Assignment of Rents”) dated __________ (Date), and recorded at _______________ (Recording data) in the ____________________ (Appropriate governmental office under NRS 111.310 to 111.365, inclusive).

 


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ê2007 Statutes of Nevada, Page 304 (Chapter 106, SB 168)ê

 

inclusive). You may obtain additional information about the Assignment of Rents and the Assignee’s right to enforce it at the address listed above.

       2.  The Landlord is in default under the Assignment of Rents. Under the Assignment of Rents, the Assignee is entitled to collect rents from the Premises.

       3.  This notification affects your rights and obligations under the agreement under which you occupy the Premises (your “Agreement”). In order to provide you with an opportunity to consult with a lawyer, if your next scheduled rental payment is due within 30 days after you receive this notification, neither the Assignee nor the Landlord can hold you in default under your Agreement for nonpayment of that rental payment until 10 days after the due date of that payment or 30 days following the date you receive this notification, whichever occurs first. You may consult a lawyer at your expense concerning your rights and obligations under your Agreement and the effect of this notification.

       4.  You must pay to the Assignee at the address listed above all rents under your Agreement which are due and payable on the date you receive this notification and all rents accruing under your Agreement after you receive this notification. If you pay rents to the Assignee after receiving this notification, the payment will satisfy your rental obligation to the extent of that payment.

       5.  Unless you occupy the Premises as your primary residence, if you pay any rents to the Landlord after receiving this notification, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord.

       6.  If you have previously received a notification from another person that also holds an assignment of the rents due under your Agreement, you should continue paying your rents to the person that sent that notification until that person cancels that notification. Once that notification is cancelled, you must begin paying rents to the Assignee in accordance with this notification.

       7.  Your obligation to pay rents to the Assignee will continue until you receive either:

       (a) A written order from a court directing you to pay the rent in a manner specified in that order; or

       (b) Written instructions from the Assignee cancelling this notification.

 

                                                                                                                         

                                           Name of assignee

By: _________________________________________________

                              Officer/authorized agent of assignee

      Sec. 31.  The enforcement of an assignment of rents by one or more of the methods identified in sections 27, 28 and 29 of this act, the application of proceeds by the assignee under section 32 of this act after enforcement, the payment of expenses under section 33 of this act or an action under subsection 3 of section 34 of this act does not:

      1.  Make the assignee a mortgagee in possession of the real property;

      2.  Make the assignee an agent of the assignor;

 


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ê2007 Statutes of Nevada, Page 305 (Chapter 106, SB 168)ê

 

      3.  Constitute an election of remedies that precludes a later action to enforce the secured obligation;

      4.  Make the secured obligation unenforceable;

      5.  Limit any right available to the assignee with respect to the secured obligation; or

      6.  Violate the provisions of NRS 40.430.

      Sec. 32.  Unless otherwise agreed, an assignee that collects rents under this chapter or collects upon a judgment in an action under subsection 3 of section 34 of this act shall apply the sums collected in the following order to:

      1.  The assignee’s reasonable expenses of enforcing its assignment of rents, including, without limitation, to the extent provided for by agreement and not prohibited by law of this State other than this chapter, reasonable attorney’s fees and costs incurred by the assignee;

      2.  Reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment;

      3.  Payment of the secured obligation;

      4.  Payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and

      5.  The assignor.

      Sec. 33.  1.  Unless otherwise agreed by the assignee, and subject to subsection 3, an assignee that collects rents following enforcement under section 28 or 29 of this act need not apply them to the payment of expenses of protecting or maintaining the real property subject to the assignment.

      2.  Unless a tenant has made an enforceable agreement not to assert claims or defenses, the right of the assignee to collect rents from the tenant is subject to the terms of the agreement between the assignor and tenant and any claim or defense arising from the assignor’s nonperformance of that agreement.

      3.  This chapter does not limit the standing or right of a tenant to request a court to appoint a receiver for the real property subject to the assignment or to seek other relief on the ground that the assignee’s nonpayment of expenses of protecting or maintaining the real property has caused or threatened harm to the tenant’s interest in the property. Whether the tenant is entitled to the appointment of a receiver or other relief is governed by law of this State other than this chapter.

      Sec. 34.  1.  If an assignor collects rents that the assignee is entitled to collect under this chapter:

      (a) The assignor shall turn over the proceeds to the assignee, less any amount representing payment of expenses authorized by the assignee; and

      (b) The assignee continues to have a security interest in the proceeds so long as they are identifiable.

      2.  For purposes of this chapter, cash proceeds are identifiable if they are maintained in a segregated account or, if commingled with other funds, to the extent the assignee can identify them by a method of tracing, including, without limitation, application of equitable principles, that is permitted under law of this State other than this chapter with respect to commingled funds.

 


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ê2007 Statutes of Nevada, Page 306 (Chapter 106, SB 168)ê

 

      3.  In addition to any other remedy available to the assignee under law of this State other than this chapter, if an assignor fails to turn over proceeds to the assignee as required by subsection 1, the assignee may recover from the assignor in a civil action:

      (a) The proceeds, or an amount equal to the proceeds, that the assignor was obligated to turn over under subsection 1; and

      (b) Reasonable attorney’s fees and costs incurred by the assignee to the extent provided for by agreement and not prohibited by law of this State other than this chapter.

      4.  The assignee may maintain an action under subsection 3 without bringing an action to foreclose any security interest that it may have in the real property. Any sums recovered in the action must be applied in the manner specified in section 32 of this act.

      5.  Unless otherwise agreed, if an assignee entitled to priority under subsection 3 of section 25 of this act enforces its interest in rents after another creditor holding a subordinate security interest in rents has enforced its interest under section 28 or 29 of this act, the creditor holding the subordinate security interest in rents is not obligated to turn over any proceeds that it collects in good faith before the creditor receives notification that the senior assignee has enforced its interest in rents. The creditor shall turn over to the senior assignee any proceeds that it collects after it receives the notification.

      6.  As used in this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.

      Sec. 35.  1.  An assignee’s security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee’s security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with Article 9.

      2.  Except as otherwise provided in subsection 3, priority between an assignee’s security interest in identifiable proceeds and a conflicting interest is governed by the priority rules in Article 9.

      3.  An assignee’s perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest that is perfected by control under Article 9 but has priority over a conflicting interest that is perfected other than by control.

      4.  As used in this section:

      (a) “Article 9” means NRS 104.9101 to 104.9709, inclusive, or, to the extent applicable to any particular issue, Article 9 of the Uniform Commercial Code as adopted by the state whose laws govern that issue under the choice-of-laws rules contained in NRS 104.9101 to 104.9709, inclusive.

      (b) “Conflicting interest” means an interest in proceeds, held by a person other than an assignee, that is:

             (1) A security interest arising under Article 9; or

             (2) Any other interest if Article 9 resolves the priority conflict between that person and a secured party with a conflicting security interest in the proceeds.

      Sec. 36.  This chapter does not preclude subordination by agreement as to rents or proceeds.

      Sec. 37.  In applying and construing the Uniform Assignment of Rents Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

 


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ê2007 Statutes of Nevada, Page 307 (Chapter 106, SB 168)ê

 

      Sec. 38.  This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).

      Sec. 39.  1.  Except as otherwise provided in this section, sections 2 to 38, inclusive, of this act govern the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before October 1, 2007.

      2.  Sections 2 to 38, inclusive, of this act do not affect an action or proceeding commenced before October 1, 2007.

      3.  Subsection 1 of section 24 of this act does not apply to any security instrument signed and delivered before October 1, 2007.

      4.  Sections 2 to 38, inclusive, of this act do not affect:

      (a) The enforceability of an assignee’s security interest in rents or proceeds if, immediately before October 1, 2007, that security interest was enforceable;

      (b) The perfection of an assignee’s security interest in rents or proceeds if, immediately before October 1, 2007, that security interest was perfected; or

      (c) The priority of an assignee’s security interest in rents or proceeds with respect to the interest of another person if, immediately before October 1, 2007, the interest of the other person was enforceable and perfected, and that priority was established.

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CHAPTER 107, AB 279

Assembly Bill No. 279–Assemblymen Kihuen, Parks, Anderson, Arberry, Atkinson, Beers, Bobzien, Buckley, Claborn, Cobb, Conklin, Denis, Gerhardt, Hogan, Horne, Kirkpatrick, Koivisto, Manendo, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Smith and Womack

 

Joint Sponsors: Senators Carlton, Care, Titus, Horsford, Lee and Woodhouse

 

CHAPTER 107

 

AN ACT relating to gift certificates; prohibiting an issuer from charging a service fee on the basis of inactivity if the inactivity is for less than 3 continuous years; requiring a certain portion of the unused value of certain gift certificates to escheat to the State; providing for the use of the proceeds from abandoned gift certificates for educational purposes; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 


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ê2007 Statutes of Nevada, Page 308 (Chapter 107, AB 279)ê

 

Legislative Counsel’s Digest:

      Section 1 of this bill prohibits the issuer of a gift certificate from charging a service fee on the basis of inactivity if the inactivity is for less than 3 continuous years.

      Section 2 of this bill provides that a certain portion of the unredeemed or uncharged value remaining on a gift certificate which is issued or sold in this State and which has an expiration date is presumed abandoned on the expiration date. Section 3 of this bill requires that all proceeds received from abandoned gift certificates by the State Treasurer in his capacity as the Administrator of Unclaimed Property be accounted for separately and may be used only for educational purposes.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 598.0921 is hereby amended to read as follows:

      598.0921  1.  A person engages in a “deceptive trade practice” if, in the course of his business or occupation:

      (a) He issues a gift certificate that expires on a certain date, unless either of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

             (1) The expiration date of the gift certificate; or

             (2) A toll-free telephone number accompanied by a statement setting forth that the buyer or holder of the gift certificate may call the telephone number to obtain the balance of the gift certificate and the expiration date of the gift certificate;

      (b) He imposes upon the buyer or holder of a gift certificate a service fee, unless each of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

             (1) The amount of the service fee;

             (2) The event or events that will cause the service fee to be imposed;

             (3) The frequency with which the service fee will be imposed; and

             (4) If the service fee will be imposed on the basis of inactivity, the duration of inactivity , which must not be less than 3 continuous years of nonuse, that will cause the service fee to be imposed; or

      (c) Regardless of the notice provided, he imposes upon the buyer or holder of a gift certificate:

             (1) A service fee or a combination of service fees that exceed a total of $1 per month; or

             (2) A service fee that commences or is imposed within the first 12 months after the issuance of the gift certificate.

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

      (a) A gift certificate that is issued as part of an award, loyalty, promotional, rebate, incentive or reward program and for which issuance the issuer does not receive money or any other thing of value;

      (b) A gift certificate that is sold at a reduced price to an employer or nonprofit or charitable organization, if the expiration date of the gift certificate is not more than 30 days after the date of sale; and

      (c) A gift certificate that is issued by an establishment licensed pursuant to the provisions of chapter 463 of NRS.

      3.  As used in this section:

 


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ê2007 Statutes of Nevada, Page 309 (Chapter 107, AB 279)ê

 

      (a) “Gift certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument. The term does not include:

             (1) An instrument or record for prepaid telecommunications or technology services, including, without limitation, a card for prepaid telephone services, a card for prepaid technical support services and an instrument for prepaid Internet service purchased or otherwise distributed to a consumer of such services, including, without limitation, as part of an award, loyalty, promotional or reward program; or

             (2) An instrument or record, by whatever name called, that may be used to obtain goods or services from more than one person or business entity, if the expiration date is printed plainly and conspicuously on the front or back of the instrument or record.

      (b) “Issue” means to sell or otherwise provide a gift certificate to any person and includes, without limitation, adding value to an existing gift certificate.

      (c) “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium, including, without limitation, information stored on a microprocessor chip or magnetic strip, and is retrievable in perceivable form.

      (d) “Service fee” means any charge or fee other than the charge or fee imposed for the issuance of the gift certificate, including, without limitation, a service fee imposed on the basis of inactivity or any other type of charge or fee imposed after the sale of the gift certificate.

      Sec. 2.  Chapter 120A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Sixty percent of the unredeemed or uncharged value remaining on a gift certificate which is issued or sold in this State and which has an expiration date is presumed abandoned and subject to the provisions of this chapter on the expiration date.

      2.  If a gift certificate is issued or sold in this State and the seller or issuer does not obtain and maintain in his records the name and address of the owner of the gift certificate, the address of the owner of the gift certificate shall be deemed to be the address of the Office of the State Treasurer in Carson City.

      3.  This section does not create a cause of action against a person who issues or sells a gift certificate.

      4.  As used in this section, “gift certificate” has the meaning ascribed to it in NRS 598.0921.

      Sec. 3.  NRS 120A.360 is hereby amended to read as follows:

      120A.360  1.  Except as otherwise provided in subsections 4 [, 5 and 6,] to 7, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords in his judgment the most favorable market for the property involved. The Administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.

 


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ê2007 Statutes of Nevada, Page 310 (Chapter 107, AB 279)ê

 

      2.  Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of the sale in a newspaper of general circulation in the county where the property is to be sold.

      3.  The purchaser at any sale conducted by the Administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of title.

      4.  The Administrator need not offer any property for sale if, in his opinion, the probable cost of the sale exceeds the value of the property. The Administrator may destroy or otherwise dispose of such property or may transfer it to:

      (a) The Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation;

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society; or

      (c) A veterans’ or military museum, upon its written request, if the property has military or military historical value and is not wanted by the Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society.

Ê An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

      5.  Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

      (a) Over the counter at the prevailing price for that security at the time of sale; or

      (b) By any other method the Administrator deems acceptable.

      6.  The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period, it may be destroyed.

      7.  All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Fund in the State Treasury. At the end of each fiscal year, before any other money in the Abandoned Property Trust Fund is transferred pursuant to NRS 120A.370, the balance in the account created pursuant to this subsection, less any costs, service charges or claims chargeable to the account, must be transferred to the Educational Trust Fund which is hereby created in the State Treasury. The money in the Educational Trust Fund may be expended only as authorized by the Legislature for educational purposes.

      Sec. 4.  This act applies to gift certificates issued on or after October 1, 2007.

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ê2007 Statutes of Nevada, Page 311ê

 

CHAPTER 108, AB 432

Assembly Bill No. 432–Assemblymen Kihuen, Segerblom, Anderson, Bobzien, Buckley, Conklin, Denis, Gerhardt, Horne, Koivisto, Manendo, Mortenson, Munford, Ohrenschall, Parks, Pierce and Womack

 

Joint Sponsor: Senator Wiener

 

CHAPTER 108

 

AN ACT relating to education; requiring a school district to maintain an employee in his position of employment rather than suspend his employment for failure to maintain a valid license if the lapse of the employee’s license occurs during a time that school is in session; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill requires the Superintendent of Public Instruction to provide written notice to a person who is licensed pursuant to chapter 391 of NRS of the date of expiration of the person’s license.

      Existing law prescribes the action that must be taken by a school district if the license of a teacher or other person who is licensed pursuant to chapter 391 of NRS fails to maintain his license in force. (NRS 391.301-391.309) A school district shall immediately suspend without pay such a person from employment. If the person does not reinstate his license within a prescribed time, the school district shall terminate the person’s employment. (NRS 391.302) Section 3 of this bill provides that if the employee’s license lapses during a time that school is in session, the employee must not be suspended from employment for 90 days or until the end of the school year, whichever is longer. The person’s employment shall be deemed terminated if the person does not reinstate his license within the prescribed time.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The Superintendent of Public Instruction shall provide written notice to each person who holds a license issued pursuant to this chapter of the date on which the license expires. The written notice must be mailed, by first-class mail, to the last known address of the licensee, as reflected in the records of the Superintendent, not less than 6 months and not more than 1 year before the date of expiration.

      Sec. 3.  1.  Except as otherwise provided by subsection 3, if the license of an employee lapses during a time that school is in session:

      (a) The school district that employs him shall provide written notice to the employee of the lapse of his license and of the provisions of this section;

      (b) The employee must not be suspended from employment for the lapsed license for a period of 90 days after the date of the notice pursuant to paragraph (a) or the end of the school year, whichever is longer; and

 


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ê2007 Statutes of Nevada, Page 312 (Chapter 108, AB 432)ê

 

      (c) The employee’s license shall be deemed valid for the period described in paragraph (b) for purposes of the employee’s continued employment with the school district during that period.

      2.  If a school district complies with subsection 1 and an employee fails to reinstate his license within the time prescribed in paragraph (b) of subsection 1, his employment shall be deemed terminated at the end of the period described in paragraph (b) of subsection 1 and the school district is not otherwise required to comply with NRS 391.301 to 391.309, inclusive.

      3.  The provisions of this section do not apply to an employee whose license has been suspended or revoked by the State Board pursuant to NRS 391.320 to 391.361, inclusive.

      Sec. 4.  NRS 391.120 is hereby amended to read as follows:

      391.120  1.  Boards of trustees of the school districts in this State may employ legally qualified teachers and other licensed personnel and may determine their salaries and the length of the term of school for which they are employed. These conditions and any other conditions agreed upon by the parties must be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the employee. A copy of the contract or notice of reemployment, properly written, must be delivered to each teacher or other licensed employee not later than the opening of the term of school.

      2.  A board of trustees may not employ teachers or other licensed personnel for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.

      3.  It is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach. [The] Except as otherwise provided in section 3 of this act, the board of trustees shall suspend or terminate, as applicable, the employment of any teacher who fails to maintain a license issued pursuant to this chapter in force, if such a license is required for employment. Any such suspension or termination must comply with the requirements of NRS 391.301 to 391.309, inclusive [.] , and section 3 of this act.

      4.  On or before November 15 of each year, the school district shall submit to the Department, in a form prescribed by the Superintendent of Public Instruction, the following information for each licensed employee employed by the school district on October 1 of that year:

      (a) The amount of salary of the employee; and

      (b) The designated assignment, as that term is defined by the Department of Education, of the employee.

      Sec. 5.  NRS 391.301 is hereby amended to read as follows:

      391.301  As used in NRS 391.301 to 391.309, inclusive, and section 3 of this act, unless the context otherwise requires, “employee” means a person who:

      1.  Is employed by a school district in this State; and

      2.  Is required, as a condition of his employment, to hold a license issued pursuant to this chapter.

      Sec. 6.  NRS 391.302 is hereby amended to read as follows:

      391.302  1.  [If] Except as otherwise provided in section 3 of this act, if an employee fails to maintain his license in force, the school district that employs him shall:

 


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ê2007 Statutes of Nevada, Page 313 (Chapter 108, AB 432)ê

 

      (a) Immediately suspend the employee without pay; and

      (b) Terminate his employment if he fails to reinstate his license within the time prescribed by subsection 2 of NRS 391.305.

      2.  If an employee is suspended pursuant to this section and, within 90 days after the date of suspension, is granted by the Department or Commission an extension of time or any other relief which has the effect of reinstating or continuing his license in force, the suspension of the employee is ineffective and the school district shall immediately reinstate the employee while his license remains in force. The employee must be reinstated to the position he held at the time of his suspension. If the employee thereafter fails again to maintain his license in force, the school district shall again suspend the employee without pay and proceed in accordance with NRS 391.305, 391.308 and 391.309.

      Sec. 7.  NRS 391.3115 is hereby amended to read as follows:

      391.3115  1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:

      (a) Substitute teachers; or

      (b) Adult education teachers.

      2.  The provisions of NRS 391.311 to 391.3194, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or section 3 of this act for failure to maintain a license in force.

      3.  A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employee’s leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to them.

      Sec. 8.  The provisions of this act apply to any employee who fails to maintain his license in force on or after July 1, 2007.

      Sec. 9.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 314ê

 

CHAPTER 109, SB 17

Senate Bill No. 17–Senators Wiener and Care

 

CHAPTER 109

 

AN ACT relating to motor vehicles; increasing the number of sets of special license plates that may be issued to certain qualified veterans of service in the Armed Forces of the United States; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, qualified Nevada motorists who are survivors of the attack on Pearl Harbor, disabled veterans, ex-prisoners of war and recipients of the Purple Heart are authorized to apply for and receive one set of license plates commemorating those particular classifications. (NRS 482.3765, 482.377, 482.3775) This bill authorizes those motorists to apply for and receive an additional set of license plates commemorating their status. This change is consistent with existing law which authorizes qualified Nevada motorists who have received the Congressional Medal of Honor to apply for and receive two sets of license plates commemorating their receipt of the Medal. (NRS 482.378)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.3765 is hereby amended to read as follows:

      482.3765  1.  [A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use.] A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to [a] specially designed license [plate] plates inscribed with the words “PEARL HARBOR VETERAN” or “PEARL HARBOR SURVIVOR,” at the option of the [person who qualifies pursuant to this section,] veteran, and three or four consecutive numbers.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue [a] specially designed license [plate] plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor required by the Department.

      [3.] 4.  If , during a registration year, the holder of a set of special [plate] license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, [he shall retain the plates and:

      (a) Affix] the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

 


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ê2007 Statutes of Nevada, Page 315 (Chapter 109, SB 17)ê

 

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [4.] 5.  The fee for [the special license plate] a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.

      Sec. 2.  NRS 482.377 is hereby amended to read as follows:

      482.377  1.  [A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of one ton or less, for his own personal use.] A veteran of the Armed Forces of the United States who, as a result of his service:

      (a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for his disability, is entitled to [a] specially designed license [plate] plates inscribed with the words DISABLED VETERAN and three or four consecutive numbers.

      (b) Has been captured and held prisoner by a military force of a foreign nation, is entitled to [a] specially designed license [plate] plates inscribed with the words ex-PRISONER OF WAR and three or four consecutive numbers.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue [a] specially designed license [plate] plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of disability or former imprisonment required by the Department.

      [3.] 4.  A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

      [4.] 5.  If , during a registration year, the holder of a set of special [plate] license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, [he shall retain the plates and:

      (a) Affix] the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 3.  NRS 482.3775 is hereby amended to read as follows:

      482.3775  1.  [A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use.]

 


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ê2007 Statutes of Nevada, Page 316 (Chapter 109, SB 17)ê

 

use.] A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to [a] specially designed license [plate which indicates] plates which indicate that he is a recipient of the Purple Heart.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue [a] specially designed license [plate] plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his status as a recipient of the Purple Heart as required by the Department. The Department may designate any appropriate colors for the special plates.

      [3.] 4.  If, during a registration year, the holder of a set of special [plate] license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, [he shall retain the plates and:

      (a) Affix] the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [4.] 5.  Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates [issued] pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $5.

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CHAPTER 110, SB 39

Senate Bill No. 39–Committee on Transportation and Homeland Security

 

CHAPTER 110

 

AN ACT relating to traffic laws; prescribing the maximum length of a driveaway saddle mount with a full mount vehicle transporter combination; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes the maximum length of certain vehicles and requires the Department of Transportation to provide by regulation for the operation of combinations of vehicles in excess of 70 feet in length. (NRS 484.739) Certain vehicles are exempt from these limitations on length, including certain combinations that do not exceed 75 feet in length. Existing federal law prohibits states from prescribing or enforcing a regulation of commerce that imposes a vehicle length limitation of not less than or more than 97 feet on a driveaway saddle mount with full mount vehicle transporter combinations.

 


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ê2007 Statutes of Nevada, Page 317 (Chapter 110, SB 39)ê

 

mount vehicle transporter combinations. (49 U.S.C. § 31111(b)(1)(D)) This bill revises the exemption from the limitation on length for certain combinations in state law to conform with the limitation in federal law and defines the term “driveaway saddle mount with full mount vehicle transporter combination” consistent with federal law. (NRS 484.739)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.739 is hereby amended to read as follows:

      484.739  1.  Except as otherwise provided in subsection 2, the length of a bus may not exceed 45 feet and the length of a motortruck may not exceed 40 feet.

      2.  A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.

      3.  Except as otherwise provided in subsections 4, 7 and 9, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.

      4.  The Department of Transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length. The regulations must establish standards for the operation of such vehicles which must be consistent with their safe operation upon the public highways and with the provisions of 23 C.F.R. § 658.23. Such standards must include:

      (a) Types and number of vehicles to be permitted in combination;

      (b) Horsepower of a motortruck;

      (c) Operating speeds;

      (d) Braking ability; and

      (e) Driver qualifications.

Ê The operation of such vehicles is not permitted on highways where, in the opinion of the Department of Transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.

      5.  Combinations of vehicles operated under the provisions of subsection 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the Department of Transportation, carry loads not to exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:

      (a) W equals the maximum load in pounds carried on any group of two or more consecutive axles computed to the nearest 500 pounds;

      (b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

      (c) N equals the number of axles in the group under consideration.

Ê The distance between axles must be measured to the nearest foot. If a fraction is exactly one-half foot, the next largest whole number must be used. The permits may be restricted in such manner as the Department of Transportation considers necessary and may, at the option of the Department, be cancelled without notice. No such permits may be issued for operation on any highway where that operation would prevent this State from receiving federal money for highway purposes.

 


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ê2007 Statutes of Nevada, Page 318 (Chapter 110, SB 39)ê

 

      6.  Upon approving an application for a permit to operate combinations of vehicles pursuant to subsection 5, the Department of Transportation shall withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.

      7.  The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 4 or NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:

      (a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.

      (b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.

      (c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.

      (d) The driver’s vision is not impaired by the projecting or supporting structure.

      8.  Lights and other warning devices which are required to be mounted on a vehicle pursuant to this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.

      9.  This section does not apply to:

      (a) Vehicles used by a public utility for the transportation of poles;

      (b) A combination of vehicles consisting of a truck-tractor drawing a semitrailer that does not exceed 53 feet in length;

      (c) A combination of vehicles consisting of a truck-tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length; or

      (d) A driveaway saddle mount with full mount vehicle transporter combination [of vehicles consisting of a truck-tractor drawing no more than three saddle-mounted vehicles and one full-mounted vehicle] that does not exceed [75] 97 feet in length.

      10.  As used in this section:

      (a) “Driveaway saddle mount with full mount vehicle transporter combination” means a vehicle combination designed and specifically used to tow up to three trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the forward vehicle of the truck-tractor in front of it.

      (b) “Full-mounted vehicle” means a smaller vehicle mounted completely on the frame of a saddle-mounted vehicle.

      [(b)] (c) “Motortruck” has the meaning ascribed to it in NRS 482.073.

      [(c)] (d) “Saddle-mounted vehicle” means a vehicle forming part of a combination of vehicles used in a driveaway-towaway operation that is connected by a saddle mount to the frame or fifth-wheel coupling of the vehicle in front of it.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 319ê

 

CHAPTER 111, SB 60

Senate Bill No. 60–Committee on Natural Resources

 

CHAPTER 111

 

AN ACT relating to the control of air pollution; authorizing the school district in certain counties to expend the proceeds collected from certain administrative penalties only in accordance with a spending plan approved by a local air pollution control board; requiring a local air pollution control board to approve such a plan under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a local air pollution control board in a county whose population is 400,000 or more (currently Clark County) may delegate its authority to adjudicate violations of air quality laws and levy administrative penalties to an independent hearing officer or hearing board. A local air pollution control board that makes this delegation may retain 17.5 percent of the amount of the proceeds from the administrative penalties that it collects up to a maximum of $17,500 per year. The remainder of the proceeds are turned over to the county school district. (NRS 445B.500) This bill authorizes the school district to expend its share of the proceeds from administrative penalties only in accordance with a spending plan that is approved by the local air pollution control board. The board is required to approve such a spending plan if its proposed expenditures are reasonable and limited to: (1) programs of education on topics relating to air quality; and (2) projects to improve air quality, such as the purchase and installation of equipment to retrofit school buses of the school district to use biodiesel, compressed natural gas or a similar fuel formulated to reduce emissions.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445B.500 is hereby amended to read as follows:

      445B.500  1.  Except as otherwise provided in this section and in NRS 445B.310:

      (a) The district board of health, county board of health or board of county commissioners in each county whose population is 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.

      (b) The program:

             (1) Must include, without limitation, standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation;

             (2) May, in a county whose population is 400,000 or more, include requirements for the creation, receipt and exchange for consideration of credits to reduce and control air contaminants in accordance with NRS 445B.508; and

             (3) Must provide for adequate administration, enforcement, financing and staff.

      (c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and the Federal Act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the Federal Act.

 


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ê2007 Statutes of Nevada, Page 320 (Chapter 111, SB 60)ê

 

Federal Act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the Federal Act.

      (d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to 445B.470, inclusive, 445B.560, 445B.570, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.

      2.  The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445B.610.

      3.  In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independent hearing officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted pursuant to those sections. If such a delegation is made, 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the local air pollution control board to a maximum of $17,500 per year. The money in the account may only be used to defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640, inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred [.] and must be accounted for separately in the fund. A school district may spend the money received pursuant to this section only in accordance with an annual spending plan that is approved by the local air pollution control board and shall submit an annual report to that board detailing the expenditures of the school district under the plan. A local air pollution control board shall approve an annual spending plan if the proposed expenditures set forth in the plan are reasonable and limited to:

      (a) Programs of education on topics relating to air quality; and

      (b) Projects to improve air quality, including, without limitation, the purchase and installation of equipment to retrofit school buses of the school district to use biodiesel, compressed natural gas or a similar fuel formulated to reduce emissions from the amount of emissions produced by the use of traditional fuels such as gasoline and diesel fuel,

Ê which are consistent with the state implementation plan adopted by this State pursuant to 42 U.S.C. §§ 7410 and 7502.

      4.  Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the State, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the Commission.

      5.  No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

 


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ê2007 Statutes of Nevada, Page 321 (Chapter 111, SB 60)ê

 

variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

      6.  [For the purposes of] As used in this section, “plants which generate electricity by using steam produced by the burning of fossil fuel” means plants that burn fossil fuels in a boiler to produce steam for the production of electricity. The term does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners.

      Sec. 1.5.  NRS 387.205 is hereby amended to read as follows:

      387.205  1.  Subject to the limitations set forth in NRS 387.206 and 387.207, money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, must be used for:

      (a) Maintenance and operation of the public schools controlled by the county school district.

      (b) Payment of premiums for Nevada industrial insurance.

      (c) Rent of schoolhouses.

      (d) Construction, furnishing or rental of teacherages, when approved by the Superintendent of Public Instruction.

      (e) Transportation of pupils, including the purchase of new buses.

      (f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.

      (g) Membership fees, dues and contributions to an interscholastic activities association.

      (h) Repayment of a loan made from the State Permanent School Fund pursuant to NRS 387.526.

      (i) Programs of education and projects relating to air quality pursuant to NRS 445B.500.

      2.  Subject to the limitations set forth in NRS 387.206 and 387.207, money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, when available, may be used for:

      (a) Purchase of sites for school facilities.

      (b) Purchase of buildings for school use.

      (c) Repair and construction of buildings for school use.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 322ê

 

CHAPTER 112, SB 175

Senate Bill No. 175–Committee on Transportation and Homeland Security

 

CHAPTER 112

 

AN ACT relating to motor vehicle registration; authorizing the Director of the Department of Motor Vehicles to determine the combinations of letters and numbers to be used on license plates; allowing for the use of an affidavit of nonoperation for newly purchased vehicles which have not been used on the highways; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Sections 1-3 of this bill authorize the Director of the Department of Motor Vehicles to determine which combinations of letters and numbers should be used on license plates, instead of having a structure set by statute. (NRS 482.270, 482.2705, 482.274) Section 5 of this bill allows a newly purchased vehicle, instead of just a vehicle which was previously registered in the State, to receive an affidavit of nonoperation if the newly purchased vehicle has not been used on the highways since the expiration of its temporary placard. (NRS 482.515)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates with colors that are predominately blue and silver. The Director may substitute white in place of silver when no suitable material is available.

      2.  Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

      3.  The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval of the person.

      4.  The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      5.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of this State, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

 


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ê2007 Statutes of Nevada, Page 323 (Chapter 112, SB 175)ê

 

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      6.  [The letters I and Q must not be used in the designation.

      7.]  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

      [8.] 7.  Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:

      (a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (d) of subsection 2 of that section; and

      (b) The remainder of the plate conforms to the requirements for coloring, lettering and design that are set forth in this section.

      Sec. 2.  NRS 482.2705 is hereby amended to read as follows:

      482.2705  1.  The Director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

      2.  [Every license plate] Except as otherwise provided by specific statute, the Director shall determine the combinations of letters and numbers which constitute the designations for license plates assigned to [a passenger car or truck must contain:

      (a) A space for the name of a county or other identification; and

      (b) Except as otherwise provided by specific statute, a designation which consists of a group of three numerals followed by a group of three letters.] passenger cars and trucks.

      3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.

      Sec. 3.  NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers . [:

      (a) Which use the smaller plates must consist of one letter and four numbers.

      (b) Which use the larger plates must consist of one letter and five numbers.

Ê The position of the letter and numbers must be established for statewide use by the Department.]

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      Sec. 4.  NRS 482.367002 is hereby amended to read as follows:

      482.367002  1.  A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department.

 


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ê2007 Statutes of Nevada, Page 324 (Chapter 112, SB 175)ê

 

      2.  An application submitted to the Department pursuant to subsection 1:

      (a) Must be on a form prescribed and furnished by the Department;

      (b) Must be accompanied by a petition containing the signatures of at least 1,000 persons who wish to obtain the special license plate;

      (c) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so, the name of the cause or charitable organization; and

      (d) May be accompanied by suggestions for the design of and colors to be used in the special license plate.

      3.  The Department may design and prepare a special license plate requested pursuant to subsection 1 if:

      (a) The Department determines that the application for that plate complies with subsection 2; and

      (b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of NRS 482.367004.

      4.  Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:

      (a) The Department has designed and prepared pursuant to this section;

      (b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of NRS 482.367004; and

      (c) Complies with the requirements of subsection [8] 7 of NRS 482.270,

Ê for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

      5.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 5.  NRS 482.515 is hereby amended to read as follows:

      482.515  1.  Whenever a person operates any vehicle upon the public highways of this State without having paid therefor the registration or transfer fee required by this chapter, the required fee shall be deemed delinquent.

      2.  If the fee for registration is not paid by the end of the last working day of the preceding period of registration, a penalty of $6 must be added for each period of 30 calendar days or fraction thereof during which the delinquency continues, unless the vehicle has not been operated on the highways since the expiration of the prior registration [.] or has not been operated on the highways since the expiration of the temporary placard issued by a vehicle dealer or rebuilder in this State. Evidence of nonoperation of a vehicle must be furnished by an affidavit executed by a person having knowledge of the fact.

 


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ê2007 Statutes of Nevada, Page 325 (Chapter 112, SB 175)ê

 

nonoperation of a vehicle must be furnished by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.

      3.  If the transferee of a vehicle, required to be registered under the provisions of NRS 482.205, has not registered the vehicle within 10 days after the transfer, a penalty of $6 must be added to the fee for registration. The provisions of this section do not apply to vehicles which come within the provisions of NRS 706.801 to 706.861, inclusive.

      4.  In addition to the penalties prescribed in subsections 2 and 3, the Department and its agents shall collect the fees for license plates and registration for each period of 30 calendar days, or portion thereof in excess of 15 days, during which the delinquency has continued or for which the vehicle has not been registered pursuant to NRS 482.205.

      Sec. 6.  1.  This section and sections 1 to 4, inclusive, of this act become effective upon passage and approval.

      2.  Section 5 of this act becomes effective on October 1, 2007.

________

 

CHAPTER 113, SB 230

Senate Bill No. 230–Committee on Legislative Operations and Elections

 

CHAPTER 113

 

AN ACT relating to elections; requiring that a person signing a petition for an initiative or a referendum print his given name followed by his surname on the petition before his signature; revising the time for submitting certain documents circulated with certain petitions; revising the time for performing certain actions concerning an initiative or referendum; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the Secretary of State to adopt regulations for the format of signatures on a petition for an initiative or referendum. (NRS 295.055) Section 1 of this bill provides that the format for the signatures must require a person who signs a petition for an initiative or referendum to print his given name followed by his surname on the petition before his signature.

      Existing law requires that the signature of a person on a petition for an initiative or referendum for a city or county must be followed by the address of the person signing and the date on which the petition was signed. (NRS 295.095, 295.140, 295.205) Sections 4-6 of this bill require that, in addition to the address of the person signing a petition for an initiative or referendum for a city or county and the date on which the petition was signed, the signature of the person signing the petition must be preceded by the printed given name followed by the surname of the person signing the petition.

      Section 2 of this bill revises the deadline for the submission of the signed documents circulated with a petition for initiative that proposes an amendment to the Constitution from the third Tuesday in June to the third Tuesday in May.

 


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ê2007 Statutes of Nevada, Page 326 (Chapter 113, SB 230)ê

 

      Section 3 of this bill revises from 30 business days to 15 business days the time for: (1) filing a challenge to the description of the effect of an initiative or referendum; (2) setting a date for a hearing on such a challenge; and (3) setting a date for a hearing on a challenge to the legal sufficiency of a petition for initiative or referendum.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 295.055 is hereby amended to read as follows:

      295.055  1.  The Secretary of State shall by regulation specify:

      (a) The format for the signatures on a petition for an initiative or referendum and make free specimens of the format available upon request. The regulations must ensure that the format includes, without limitation, that:

             (1) In addition to signing the petition, a person who signs a petition shall print his given name followed by his surname on the petition before his signature.

             (2) Each signature must be dated.

      (b) The manner of fastening together several sheets circulated by one person to constitute a single document.

      2.  Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document.

      3.  A person who signs a petition may request that the county clerk remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.

      Sec. 2.  NRS 295.056 is hereby amended to read as follows:

      295.056  1.  Before a petition for initiative or referendum is filed with the Secretary of State, the petitioners must submit to each county clerk for verification pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within his county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.

      2.  If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not later than the second Tuesday in November of an even-numbered year.

      3.  If a petition for initiative proposes an amendment to the Constitution, the document or documents must be submitted not later than the third Tuesday in [June] May of an even-numbered year.

      4.  If the petition is for referendum, the document or documents must be submitted not later than the third Tuesday in May of an even-numbered year.

      5.  All documents which are submitted to a county clerk for verification must be submitted at the same time.

      Sec. 3.  NRS 295.061 is hereby amended to read as follows:

      295.061  1.  The description of the effect of an initiative or referendum required pursuant to NRS 295.009 may be challenged by filing a complaint in the First Judicial District Court not later than [30] 15 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is initially placed on file with the Secretary of State pursuant to NRS 295.015. All affidavits and documents in support of the challenge must be filed with the complaint.

 


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ê2007 Statutes of Nevada, Page 327 (Chapter 113, SB 230)ê

 

The court shall set the matter for hearing not later than [30] 15 days after the complaint is filed and shall give priority to such a complaint over all criminal proceedings.

      2.  The legal sufficiency of a petition for initiative or referendum may be challenged by filing a complaint in district court not later than 7 days, Saturdays, Sundays and holidays excluded, after the petition is certified as sufficient by the Secretary of State. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than [30] 15 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      Sec. 4.  NRS 295.095 is hereby amended to read as follows:

      295.095  1.  Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.

      3.  Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.

      4.  A petition must be submitted to the county clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than:

      (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the county clerk; or

      (b) One hundred and thirty days before the election,

Ê whichever is earlier.

      5.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be executed in ink or indelible pencil , be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.

      6.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      (a) That he personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in his presence;

      (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

      (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      7.  The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

 


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ê2007 Statutes of Nevada, Page 328 (Chapter 113, SB 230)ê

 

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures that the person declares are included in the petition.

      Sec. 5.  NRS 295.140 is hereby amended to read as follows:

      295.140  1.  Whenever 10 percent or more of the registered voters of any county of this State, as shown by the number of registered voters who voted at the last preceding general election, express their wish that any act or resolution enacted by the Legislature, and pertaining to that county only, be submitted to the vote of the people, they shall submit to the county clerk a petition, which must contain the names and residence addresses of at least 10 percent of the registered voters of that county, demanding that a referendum vote be had by the people of the county at the next general election upon the act or resolution on which the referendum is demanded.

      2.  A petition must be submitted to the county clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than 130 days before the time set for the next succeeding general election.

      3.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be executed in ink or indelible pencil , be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which he signed the petition. Each document must contain, or have attached thereto throughout its circulation, the full text of the act or resolution on which the referendum is demanded.

      4.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      (a) That he personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in his presence;

      (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

      (e) That each signer had an opportunity before signing to read the full text of the act or resolution on which the referendum is demanded.

      5.  The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures that the person declares are included in the petition.

      6.  Within 20 days after a petition is submitted, the county clerk shall complete a certificate as to its sufficiency. Unless a request for review is filed pursuant to subsection 7, the certificate is a final determination as to the sufficiency of the petition.

      7.  If a petition is certified insufficient, the person who submitted the petition may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board of county commissioners. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board is a final determination as to the sufficiency of the petition.

      8.  A final determination as to the sufficiency of a petition is subject to judicial review. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

 


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ê2007 Statutes of Nevada, Page 329 (Chapter 113, SB 230)ê

 

after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings. A final determination of insufficiency, even if sustained upon judicial review, does not prejudice the filing of a new petition for the same purpose.

      Sec. 6.  NRS 295.205 is hereby amended to read as follows:

      295.205  1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit:

      (a) Stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form;

      (b) Stating their names and addresses;

      (c) Specifying the address to which all notices to the committee are to be sent; and

      (d) Setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding city election.

      3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding city election.

      4.  A petition must be submitted to the city clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than:

      (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the city clerk; or

      (b) One hundred and thirty days before the election,

Ê whichever is earlier.

      5.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be executed in ink or indelible pencil , be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.

      6.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      (a) That he personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in his presence;

      (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

      (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      7.  The city clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures that the person declares are included in the petition.

________

 


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ê2007 Statutes of Nevada, Page 330ê

 

CHAPTER 114, SB 559

Senate Bill No. 559–Committee on Finance

 

CHAPTER 114

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 74th Legislative Session; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $5,000,000 for the costs of the 74th Legislative Session.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 115, AB 102

Assembly Bill No. 102–Assemblymen Horne, Munford, Conklin, Parks, Buckley, Allen, Anderson, Arberry, Atkinson, Carpenter, Christensen, Claborn, Denis, Gansert, Gerhardt, Hardy, Kihuen, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, Mortenson, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Stewart and Womack

 

Joint Sponsors: Senators Care, Wiener, Horsford, Carlton, Hardy, Amodei, Beers, Lee, Titus and Woodhouse

 

CHAPTER 115

 

AN ACT relating to eminent domain; prohibiting the use of eminent domain to acquire property for the purpose of transferring an interest in the property to a private person or entity except in certain circumstances; making various other changes relating to eminent domain; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Existing law lists the purposes for which the power of eminent domain may be exercised. (NRS 37.010) In Kelo v. City of New London, 125 S.Ct. 2655 (2005), the United States Supreme Court ruled that private property may be acquired by eminent domain and transferred to a private party for the purpose of obtaining the benefits of economic development. Assembly Joint Resolution No. 3 proposes an amendment to the Nevada Constitution concerning eminent domain. This bill enacts into statute the provisions of Assembly Joint Resolution No. 3.

      Section 4 of this bill prohibits, except in certain circumstances, the exercise of eminent domain to acquire property if the entity acquiring the property will transfer any interest in the property to a private person or entity. In addition, section 4 provides that the entity that is taking the property has the burden of proving that the taking is for a public use.

 


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ê2007 Statutes of Nevada, Page 331 (Chapter 115, AB 102)ê

 

      Existing law allows an entity which is taking property by the exercise of eminent domain to move the court for an order allowing the entity to occupy the property, pending a final judgment in the action. (NRS 37.100) Section 5 of this bill requires an entity which is taking property by the exercise of eminent domain to provide the owner of the property with all appraisals of the property obtained by the entity before the entity is allowed to occupy the property. Furthermore, section 5 requires the court to determine at the occupancy hearing whether the taking is for a public use, if the owner of the property that is the subject of the action requests such a determination.

      Sections 2, 6 and 7 of this bill provide for the manner of computing the just compensation owed to the person whose property is taken by the exercise of eminent domain. Section 1 of this bill provides that neither the property owner nor an entity which is taking property by the exercise of eminent domain is liable for the attorney’s fees of the other party, except in certain circumstances. Section 9 of this bill provides that the owner of property taken by the exercise of eminent domain, or his successor in interest, has the right to reacquire the property for the price paid by the entity which took the property under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise provided in this section, in all actions in eminent domain, neither the entity that is taking property nor the owner of the property is liable for the attorney’s fees of the other party. This section does not apply in an inverse condemnation action if the owner of the property that is the subject of the action makes a request for attorney’s fees from the other party to the action.

      Sec. 2.  NRS 37.009 is hereby amended to read as follows:

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

      1.  “Date of valuation” means the date on which the value of the property actually taken, and the damages, if any, to the remaining property, must be determined.

      2.  “Final judgment” means a judgment which cannot be directly attacked by appeal, motion for new trial or motion to vacate the judgment.

      3.  “Judgment” means the judgment determining the right to condemn property and fixing the amount of compensation to be paid by the plaintiff.

      4.  “Partnership” includes a limited partnership.

      5.  “Person” includes a government, governmental agency or political subdivision of a government.

      6.  “Value” means the [most probable price which a property would bring in a competitive and open market under the conditions of a fair sale, without the price being affected by undue stimulus, whereby the sale is consummated on a specified date and the title to the property is passed from the seller to the buyer under the following conditions:

      (a) The buyer and seller are acting prudently and knowledgeably;

      (b) The buyer and seller are typically motivated;

      (c) The buyer and seller are well informed or well advised and acting in what they consider are their own best interests;

      (d) A reasonable time is allowed to expose the property for sale on the open market;

      (e) Payment is made with United States dollars in cash or pursuant to another financial arrangement comparable thereto; and

 


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ê2007 Statutes of Nevada, Page 332 (Chapter 115, AB 102)ê

 

      (f) The sale price represents the normal consideration for the property and is unaffected by special or creative financing or sales concessions granted by any person associated with the sale.] highest price, on the date of valuation, that would be agreed to by a seller, who is willing to sell on the open market and has reasonable time to find a purchaser, and a buyer, who is ready, willing and able to buy, if both the seller and the buyer had full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. In determining value, except as otherwise provided in this subsection, the property sought to be condemned must be valued at its highest and best use without considering any future dedication requirements imposed by the entity that is taking the property. If the property is condemned primarily for a profit-making purpose, the property sought to be condemned must be valued at the use to which the entity that is condemning the property intends to put the property, if such use results in a higher value for the property.

      Sec. 3.  NRS 37.0095 is hereby amended to read as follows:

      37.0095  1.  Except as otherwise provided in subsection 2, only a public agency may exercise the power of eminent domain pursuant to the provisions of this chapter.

      2.  Except as otherwise provided in NRS 37.0097, the power of eminent domain may be exercised by a person who is not a public agency pursuant to NRS 37.230 and [subsections 6, 8, 10, 13 and 16] paragraphs (f), (h), (j), (m) and (p) of subsection 1 of NRS 37.010.

      3.  As used in this section, “public agency” means an agency or political subdivision of this State or the United States.

      Sec. 4.  NRS 37.010 is hereby amended to read as follows:

      37.010  1.  Subject to the provisions of this chapter [,] and the limitations in subsections 2 and 3, the right of eminent domain may be exercised in behalf of the following public [purposes:] uses:

      [1.] (a) Federal activities. All public purposes authorized by the Government of the United States.

      [2.] (b) State activities. Public buildings and grounds for the use of the State, the Nevada System of Higher Education and all other public purposes authorized by the Legislature.

      [3.] (c) County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

      [4.] (d) Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

      [5.] (e) Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

 


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ê2007 Statutes of Nevada, Page 333 (Chapter 115, AB 102)ê

 

other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

      [6.] (f) Mining, smelting and related activities. Mining, smelting and related activities as follows:

      [(a)] (1) Mining and related activities, which are recognized as the paramount interest of this State.

      [(b)] (2) Roads, railroads, tramways, tunnels, ditches, flumes, pipes, reservoirs, dams, water gates, canals, aqueducts and dumping places to facilitate the milling, smelting or other reduction of ores, the working, reclamation or dewatering of mines, and for all mining purposes, outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipelines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.

      [7.] (g) Byroads. Byroads leading from highways to residences and farms.

      [8.] (h) Public utilities. Lines for telegraph, telephone, electric light and electric power and sites for plants for electric light and power.

      [9.] (i) Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the State or college or university.

      [10.] (j) Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

      [11.] (k) Cemeteries, public parks. Cemeteries or public parks.

      [12.] (l) Pipelines of beet sugar industry. Pipelines to conduct any liquids connected with the manufacture of beet sugar.

      [13.] (m) Pipelines for petroleum products, natural gas. Pipelines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

      [14.] (n) Aviation. Airports, facilities for air navigation and aerial rights-of-way.

      [15.] (o) Monorails. Monorails and any other overhead or underground system used for public transportation.

      [16.] (p) Community antenna television companies. Community antenna television companies which have been granted a franchise from the governing body of the jurisdictions in which they provide services. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:

      [(a)] (1) It creates no substantial detriment to the service provided by the utility;

      [(b)] (2) It causes no irreparable injury to the utility; and

      [(c)] (3) The Public Utilities Commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.

 


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ê2007 Statutes of Nevada, Page 334 (Chapter 115, AB 102)ê

 

      [17.] (q) Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.685, inclusive.

      2.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, the public uses for which private property may be taken by the exercise of eminent domain do not include the direct or indirect transfer of any interest in the property to another private person or entity. Property taken by the exercise of eminent domain may be transferred to another private person or entity in the following circumstances:

      (a) The entity that took the property transfers the property to a private person or entity and the private person or entity uses the property primarily to benefit a public service, including, without limitation, a utility, railroad, public transportation project, pipeline, road, bridge, airport or facility that is owned by a governmental entity.

      (b) The entity that took the property leases the property to a private person or entity that occupies an incidental part of an airport or a facility that is owned by a governmental entity and, before leasing the property:

             (1) Uses its best efforts to notify the person from whom the property was taken that the property will be leased to a private person or entity that will occupy an incidental part of an airport or facility that is owned by a governmental entity; and

             (2) Provides the person from whom the property was taken with an opportunity to bid or propose on any such lease.

      (c) The entity that took the property:

             (1) Took the property in order to acquire property that was abandoned by the owner, abate an immediate threat to the safety of the public or remediate hazardous waste; and

             (2) Grants a right of first refusal to the person from whom the property was taken that allows that person to reacquire the property on the same terms and conditions that are offered to the other private person or entity.

      (d) The entity that took the property exchanges it for other property acquired or being acquired by eminent domain or under the threat of eminent domain for roadway or highway purposes, to relocate public or private structures or to avoid payment of excessive compensation or damages.

      (e) The person from whom the property is taken consents to the taking.

      3.  The entity that is taking property by the exercise of eminent domain has the burden of proving that the taking is for a public use.

      4.  For the purposes of this section, an airport authority or any public airport is not a private person or entity.

      Sec. 5.  NRS 37.100 is hereby amended to read as follows:

      37.100  1.  Before the plaintiff obtains possession of the property, the plaintiff shall give to the owner of the property a copy of all appraisals of the property obtained by the plaintiff.

      2.  The plaintiff may move the court or a judge thereof at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant if he is a resident of the county or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.

 


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ê2007 Statutes of Nevada, Page 335 (Chapter 115, AB 102)ê

 

be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.

      [2.  The]

      3.  At the occupancy hearing, the court shall make a separate and distinct determination as to whether the property is being taken for a public use pursuant to NRS 37.010, if the defendant requests such a determination.

      4.  If the defendant does not request a determination pursuant to subsection 3 or if the court determines that the property is being taken for a public use pursuant to NRS 37.010, the court or judge shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned, the damages which will accrue from the condemnation and the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.

      [3.] 5.  If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the value and damages may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages if the property is condemned, and to pay all damages arising from occupation before judgment if the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification.

      [4.] 6.  In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of that money to the defendant does not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited must be conditioned upon the waiver of all defenses except those relating to the amount of compensation.

      [5.] 7.  The amount of the penal bond or the deposit is for the purpose of the motion only and is not admissible in evidence on final hearing.

      [6.] 8.  The court or judge may also restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee, or property rights.

      [7.] 9.  The provisions of this section requiring the execution and filing of a bond do not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada, is hereby pledged as security in lieu of the bond. The provisions of this subsection do not prevent the State of Nevada from depositing, in lieu of a pledge of the public faith and credit, with the clerk of the court a sum equal to the value of the premises plus any damages as appraised by the State.

 


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ê2007 Statutes of Nevada, Page 336 (Chapter 115, AB 102)ê

 

subsection do not prevent the State of Nevada from depositing, in lieu of a pledge of the public faith and credit, with the clerk of the court a sum equal to the value of the premises plus any damages as appraised by the State.

      Sec. 6.  NRS 37.120 is hereby amended to read as follows:

      37.120  1.  To assess compensation and damages as provided in NRS 37.110, the date of the first service of the summons is the date of valuation, except that, if the action is not tried within 2 years after the date of the first service of the summons, and the court makes a written finding that the delay is caused primarily by the plaintiff or is caused by congestion or backlog in the calendar of the court, the date of valuation is the date of the actual commencement of the trial. If a new trial is ordered by a court, the date of valuation used in the new trial must be the date of valuation used in the original trial.

      2.  No improvements put upon the property after the date of the service of the summons may be included in the assessment of compensation or damages, regardless of the date of valuation.

      3.  In all actions in eminent domain, the court shall award just compensation to the owner of the property that is being taken. Just compensation is that sum of money necessary to place the property owner in the same position monetarily as if the property had never been taken, excluding any governmental offsets except special benefits. Special benefits may only offset severance damages and may not offset the value for the property. Just compensation for the property taken by the exercise of eminent domain must include, without limitation, interest computed pursuant to NRS 37.175 and reasonable costs and expenses, except attorney’s fees, incurred by the owner of the property that is the subject of the action.

      4.  As used in this section, “primarily” means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all the defendants, that would cause the date of the trial to be continued past 2 years after the date of the first service of the summons.

      Sec. 7.  NRS 37.175 is hereby amended to read as follows:

      37.175  1.  Except as otherwise provided in this section, the plaintiff shall pay interest on the final judgment on the difference between the amount deposited pursuant to NRS 37.100 or 37.170 and the sum of the amount awarded for the taking and any damages awarded for the severance of the property, excluding costs and attorney’s fees, from the date [of the first service of the summons] ordered by the district court pursuant to paragraph (a) of subsection 4 until the date the judgment is satisfied, at the rate provided in [NRS 17.130.] paragraph (b) of subsection 4.

      2.  The plaintiff is not required to pay interest on any amount deposited pursuant to the provisions of NRS 37.100 or 37.170.

      3.  No interest is required to be paid for the period from the date of a trial which is continued past 2 years after the date of the first service of the summons, until the date of entry of judgment, if the continuance was caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants. As used in this subsection, “primarily” means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all defendants, that would cause the trial to be continued past 2 years after the date of the first service of the summons.

 


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ê2007 Statutes of Nevada, Page 337 (Chapter 115, AB 102)ê

 

      4.  The court shall determine, in a posttrial hearing, the award of interest and award as interest the amount of money which will put the person from whom the property is taken in as good a position monetarily as if the property had not been taken. The district court shall enter an order concerning:

      (a) The date on which the computation of interest will commence;

      (b) The rate of interest to be used to compute the award of interest, which must not be less than the prime rate of interest plus 2 percent; and

      (c) Whether the interest will be compounded annually.

      Sec. 8.  NRS 37.260 is hereby amended to read as follows:

      37.260  1.  [Any] Except as otherwise provided in NRS 37.270, any real property, interest therein or improvement thereon which has been acquired in accordance with the provisions of this chapter or purchased under the threat of eminent domain proceedings by an association, commission, corporation, partnership or political subdivision other than a county or incorporated city may be disposed of as surplus by that entity only in accordance with the provisions of this section.

      2.  The governing body of the entity desiring to dispose of the property pursuant to this section must first adopt a resolution declaring that the property is no longer required for the purposes for which it was acquired or for other reasonable public use.

      3.  The property, interest or improvement disposed of pursuant to this section must be sold by the entity to the highest bidder bidding for the property, either at public auction or by sealed bids, the notice and terms of which must be published in a newspaper of general circulation in the county where the property is situated at least once not less than 15 nor more than 45 days before the sale. When, in the opinion of the governing body of the entity, the property cannot be sold by means of public auction or sealed bids without working an undue hardship upon a property owner either as a result of a severance of that owner’s property or a denial of access to a public street or highway, the governing body may first offer the property to that owner at a price determined by the governing body to be in the best interest of the corporation, partnership, association, commission or political subdivision.

      4.  [It] If property is disposed of pursuant to this section, it is conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this section that the entity disposing of it acted within its lawful authority in acquiring and disposing of the property, and that the officers thereof acted within their lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and must not carry any warranty of title.

      Sec. 9.  NRS 37.270 is hereby amended to read as follows:

      37.270  Notwithstanding any other provision of law, [if the State of Nevada, any political subdivision of the State or other governmental entity that has acquired property] property taken pursuant to the provisions of this chapter [:] must be offered to and reverts to the person from whom the property was taken upon repayment of the original purchase price if, within 15 years after obtaining possession of the property, the entity that took the property:

      1.  Fails to use the property for the public [purpose for which it was acquired; and] use for which the property was taken or for any public use reasonably related to the public use for which the property was taken; or

 


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ê2007 Statutes of Nevada, Page 338 (Chapter 115, AB 102)ê

 

      2.  Seeks to convey the right, title or interest in all or part of that property to any person [,

Ê within 15 years after the property is acquired, the person from whom the property was acquired or his successor in interest must be granted the right of first refusal to purchase the right, title or interest in the property sought to be conveyed for fair market value which shall be deemed to be an amount which does not exceed the proportional amount paid by the State, political subdivision or other governmental entity for the acquisition of the property.] and the conveyance is not occurring pursuant to subsection 2 of NRS 37.010.

Ê The entity that has taken the property does not fail to use the property under subsection 1 if the entity has begun active planning for or design of the public use, the assembling of land in furtherance of planning for or design of the public use or construction related to the public use.

      Sec. 10.  NRS 279.471 is hereby amended to read as follows:

      279.471  1.  Except as otherwise provided in this subsection, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for each individual parcel of property to be acquired by eminent domain. An agency may exercise the power of eminent domain to acquire a parcel of property that is not blighted for a redevelopment project if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for at least two-thirds of the property within the redevelopment area at the time the redevelopment area was created.

      2.  In addition to the requirement set forth in subsection 1, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if:

      (a) The property sought to be acquired is necessary to carry out the redevelopment plan;

      (b) The agency has adopted a resolution of necessity that complies with the requirements set forth in subsection 3; and

      (c) The agency has complied with the provisions of NRS 279.4712.

      3.  A resolution of necessity required pursuant to paragraph (b) of subsection 2 must set forth:

      (a) A statement that the property will be acquired for purposes of redevelopment as authorized pursuant to [subsection 17] paragraph (q) of subsection 1 of NRS 37.010 and subsection 2 of NRS 279.470;

      (b) A reasonably detailed description of the property to be acquired;

      (c) A finding by the agency that the public interest and necessity require the acquisition of the property;

      (d) A finding by the agency that acquisition of the property will be the option for redevelopment that is most compatible with the greatest public good and the least private injury; and

      (e) A finding by the agency that acquisition of the property is necessary for purposes of redevelopment.

      4.  After an agency adopts a resolution pursuant to subsection 1 or 2, the resolution so adopted and the findings set forth in the resolution are final and conclusive and are not subject to judicial review unless credible evidence is adduced to suggest that the resolution or the findings set forth therein were procured through bribery or fraud.

      Sec. 11.  NRS 37.190 is hereby repealed.

 


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      Sec. 12.  The amendatory provisions of this act apply to an action in eminent domain that is filed on or after the effective date of this act.

      Sec. 13.  This act becomes effective upon passage and approval.

________

 

CHAPTER 116, SB 269

Senate Bill No. 269–Senators McGinness, Hardy and Lee

 

Joint Sponsors: Assemblymen Christensen, Hardy, Goicoechea and Grady

 

CHAPTER 116

 

AN ACT relating to land use planning; requiring that certain land use plans and regulations take into account military installations; requiring that notice of certain land use hearings be given to the commander of a military installation in certain circumstances; authorizing the military to appeal certain land use decisions; and providing other matters properly relating thereto.

 

[Approved: May 23, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, comprehensive regional policy plans, comprehensive regional plans, master plans and zoning regulations are required to include goals and policies related to certain topics. (NRS 278.02528, 278.0274, 278.160, 278.250) Sections 3, 4, 6 and 8 of this bill require that such plans and regulations address the coordination and compatibility of land uses with existing military installations, taking into account the location, purpose and stated mission of the military installations.

      Under existing law, a hearing must be held before an application for certain conditional use permits may be granted, before a master plan may be adopted or substantially amended, before zoning regulations or boundaries may be established or amended, and before variances, special use permits, conditional use permits or other special exceptions may be granted. Owners of property within a certain number of feet of the property in question are required to be given notice of such hearings. (NRS 278.147, 278.210, 278.260, 278.315) Sections 5, 7, 9 and 10 of this bill require that notice of such hearings be given to the commander of a military installation if the military installation is within 3,000 feet of the property in question.

      Under existing law, the governing body of each city and county is required to adopt an ordinance providing that an aggrieved person may appeal the decision of a planning commission, board of adjustment, hearing examiner or similar body. (NRS 278.3195) Under existing law, the definition of “person” does not include governmental entities. (NRS 0.039) Section 11 of this bill provides that the term “person” includes the Armed Forces of the United States or an official component or representative thereof for the limited purpose of appealing the decision of a planning commission, board of adjustment, hearing examiner or similar body.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Military installation” means a base or facility at which or from which the Air Force, Army, Coast Guard, Marine Corps, Navy, Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine Corps Reserve, Navy Reserve or National Guard conducts exercises, maneuvers, operations, patrols or training.

 


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Reserve, Army Reserve, Coast Guard Reserve, Marine Corps Reserve, Navy Reserve or National Guard conducts exercises, maneuvers, operations, patrols or training.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 278.02528 is hereby amended to read as follows:

      278.02528  1.  The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.

      2.  In developing the plan, the coalition:

      (a) May consult with other entities that are interested or involved in regional planning within the county.

      (b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:

             (1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.

             (2) Population, including, without limitation, standardized projections for population growth in the region.

             (3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region, and that the plan addresses, if applicable [, mixed-use] :

                   (I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts [.] ; and

                   (II) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation.

             (4) Transportation.

             (5) The efficient provision of public facilities and services, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks.

             (6) Air quality.

             (7) Strategies to promote and encourage:

                   (I) The interspersion of new housing and businesses in established neighborhoods; and

                   (II) Development in areas in which public services are available.

      3.  The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:

      (a) Carried by the affirmative votes of not less than two-thirds of its total membership; and

      (b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to NRS 278.02514.

      Sec. 4.  NRS 278.0274 is hereby amended to read as follows:

      278.0274  The comprehensive regional plan must include goals, policies, maps and other documents relating to:

 


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      1.  Population, including a projection of population growth in the region and the resources that will be necessary to support that population.

      2.  Conservation, including policies relating to the use and protection of air, land, water and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.

      3.  The limitation of the premature expansion of development into undeveloped areas, preservation of neighborhoods and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.

      4.  Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities, including, without limitation, schools, and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must:

      (a) Address, if applicable [, mixed-use] :

             (1) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

             (2) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation;

      (b) Allow for a variety of uses;

      (c) Describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses; and

      (d) Be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.

      5.  Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and groundwater aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must:

      (a) Describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction;

      (b) Identify the providers of public services within the region and the area within which each must serve, including service territories set by the Public Utilities Commission of Nevada for public utilities;

      (c) Establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development; and

      (d) Contain a summary prepared by the regional planning commission regarding the plans for capital improvements that:

             (1) Are required to be prepared by each local government in the region pursuant to NRS 278.0226; and

 


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             (2) May be prepared by the water planning commission of the county, the regional transportation commission and the county school district.

      6.  Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, “sphere of influence” means an area into which a political subdivision may expand in the foreseeable future.

      7.  Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.

      8.  Any utility project required to be reported pursuant to NRS 278.145.

      Sec. 5.  NRS 278.147 is hereby amended to read as follows:

      278.147  1.  No person may commence operation in this State of a facility where an explosive, a highly hazardous substance designated pursuant to NRS 459.3816 if present in a quantity equal to or greater than the amount designated pursuant to NRS 459.3816, or a hazardous substance listed in the regulations adopted pursuant to NRS 459.3833 will be used, manufactured, processed, transferred or stored without first obtaining a conditional use permit therefor from the governing body of the city or county in which the facility is to be located. Each governing body shall establish by local ordinance, in accordance with the provisions of this section, the procedures for obtaining such a permit.

      2.  An application for a conditional use permit must be filed with the planning commission of the city, county or region in which the facility is to be located. The planning commission shall, within 90 days after the filing of an application, hold a public hearing to consider the application. The planning commission shall, at least 30 days before the date of the hearing, cause notice of the time, date, place and purpose of the hearing to be:

      (a) Sent by mail or, if requested by a party to whom notice must be provided pursuant to this paragraph, by electronic means if receipt of such an electronic notice can be verified, to:

             (1) The applicant;

             (2) Each owner or tenant of real property located within 1,000 feet of the property in question;

             (3) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);

             (4) If a mobile home park or multiple-unit residence is located within 1,000 feet of the property in question, each tenant of that mobile home park or multiple-unit residence;

             (5) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation;

             (6) Any advisory board that has been established for the affected area by the governing body;

             [(6)] (7) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

             [(7)] (8) The State Fire Marshal; and

 


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             [(8)] (9) The Administrator of the Division of Industrial Relations of the Department of Business and Industry; and

      (b) Published in a newspaper of general circulation within the city or county in which the property in question is located.

      3.  The notice required by subsection 2 must:

      (a) Be written in language that is easy to understand; and

      (b) Include a physical description or map of the property in question and a description of all explosives, and all substances described in subsection 1, that will be located at the facility.

      4.  In considering the application, the planning commission shall:

      (a) Consult with:

             (1) Local emergency planning committees;

             (2) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

             (3) The State Fire Marshal;

             (4) The Administrator of the Division of Industrial Relations of the Department of Business and Industry; [and]

             (5) The commander of any other military installation that may be affected by the operation of the facility; and

             (6) The governing body of any other city or county that may be affected by the operation of the facility; and

      (b) Consider fully the effect the facility will have on [the] :

             (1) The health and safety of the residents of the city, county or region.

             (2) The safety and security of any military installation in the city, county or region.

      5.  The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application. If the planning commission recommends that a conditional use permit be granted to the applicant, the planning commission shall include in its recommendations such terms and conditions for the operation of the facility as it deems necessary for the protection of [the] :

      (a) The health and safety of the residents of the city, county or region.

      (b) The safety and security of any military installation in the city, county or region.

      6.  The governing body shall, within 30 days after the receipt of the recommendations of the planning commission, hold a public hearing to consider the application. The governing body shall:

      (a) Cause notice of the hearing to be given in the manner prescribed by subsection 2; and

      (b) Grant or deny the conditional use permit within 30 days after the public hearing.

      7.  Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

      8.  As used in this section, “explosive” means a material subject to regulation as an explosive pursuant to NRS 459.3816.

      Sec. 6.  NRS 278.160 is hereby amended to read as follows:

      278.160  1.  Except as otherwise provided in subsection 4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

 


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include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      (b) Conservation plan. For the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

      (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

      (d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      (e) Housing plan. The housing plan must include, without limitation:

             (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.

             (2) An inventory of affordable housing in the community.

             (3) An analysis of the demographic characteristics of the community.

             (4) A determination of the present and prospective need for affordable housing in the community.

             (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

             (6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.

             (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

             (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.

      (f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

             (1) Must address, if applicable [, mixed-use] :

                   (I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts [.] ; and

                   (II) The coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

 


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             (2) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

      (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

      (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

      (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145.

      (j) Recreation plan. Showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

      (k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.

      (l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.

      (m) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

      (n) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      (o) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

      (p) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

      (q) Transit plan. Showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

      (r) Transportation plan. Showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

 


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region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

      Sec. 7.  NRS 278.210 is hereby amended to read as follows:

      278.210  1.  Before adopting the master plan or any part of it in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.

      2.  Before a public hearing may be held pursuant to subsection 1 in a county whose population is 100,000 or more on an amendment to a master plan, including, without limitation, a gaming enterprise district, if applicable, the person who requested the proposed amendment must hold a neighborhood meeting to provide an explanation of the proposed amendment. Notice of such a meeting must be given by the person requesting the proposed amendment to:

      (a) Each owner, as listed on the county assessor’s records, of real property located within a radius of 750 feet of the area to which the proposed amendment pertains;

      (b) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest to the area to which the proposed amendment pertains, to the extent this notice does not duplicate the notice given pursuant to paragraph (a); [and]

      (c) Each tenant of a mobile home park if that park is located within a radius of 750 feet of the area to which the proposed amendment pertains [.] ; and

      (d) If a military installation is located within 3,000 feet of the area to which the proposed amendment pertains, the commander of the military installation.

Ê The notice must be sent by mail at least 10 days before the neighborhood meeting and include the date, time, place and purpose of the neighborhood meeting.

      3.  Except as otherwise provided in NRS 278.225, the adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.

      4.  Except as otherwise provided in NRS 278.225, no plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.

      5.  Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year.

 


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of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to:

      (a) A change in the land use designated for a particular area if the change does not affect more than 25 percent of the area; or

      (b) A minor amendment adopted pursuant to NRS 278.225.

      6.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.

      7.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.

      Sec. 8.  NRS 278.250 is hereby amended to read as follows:

      278.250  1.  For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district, it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

      2.  The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

      (a) To preserve the quality of air and water resources.

      (b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

      (c) To consider existing views and access to solar resources by studying the height of new buildings which will cast shadows on surrounding residential and commercial developments.

      (d) To reduce the consumption of energy by encouraging the use of products and materials which maximize energy efficiency in the construction of buildings.

      (e) To provide for recreational needs.

      (f) To protect life and property in areas subject to floods, landslides and other natural disasters.

      (g) To conform to the adopted population plan, if required by NRS 278.170.

      (h) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including public access and sidewalks for pedestrians, and facilities and services for bicycles.

      (i) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

      (j) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

      (k) To promote health and the general welfare.

      (l) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

 


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      (m) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods.

      (n) To promote systems which use solar or wind energy.

      (o) To foster the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

      3.  The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

      4.  In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.

      5.  As used in this section:

      (a) “Density bonus” means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.

      (b) “Inclusionary zoning” means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.

      (c) “Minimum density zoning” means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.

      Sec. 9.  NRS 278.260 is hereby amended to read as follows:

      278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

      2.  A zoning regulation, restriction or boundary, or an amendment thereto, must not become effective until after transmittal of a copy of the relevant application to the town board, citizens’ advisory council or town advisory board pursuant to subsection 5, if applicable, and after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

      (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; [and]

      (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question [,] ; and

      (c) If a military installation is located within 3,000 feet of the property in question, mailed to the commander of that military installation,

Ê at least 10 days before the hearing.

      3.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 100,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice of the hearing to be sent at least 10 days before the hearing to:

 


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governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice of the hearing to be sent at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

      (c) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

      (d) Any advisory board which has been established for the affected area by the governing body.

Ê The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of or a map detailing the proposed change, must indicate the existing zoning designation and the proposed zoning designation of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

      4.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice of the hearing to be sent at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner, as listed on the county assessor’s records, of real property located within 750 feet of the portion of the boundary being changed;

      (c) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b);

      (d) Each tenant of a mobile home park if that park is located within 750 feet of the property in question; and

      (e) Any advisory board which has been established for the affected area by the governing body.

Ê The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (e), inclusive, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of or a map detailing the proposed change, must indicate the existing zoning designation and the proposed zoning designation of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

 


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would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

      5.  If an application is filed with the governing body and the application involves a change in the boundary of a zoning district within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, shall transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

      6.  In a county whose population is 400,000 or more, if a notice is required to be sent pursuant to subsection 4:

      (a) The exterior of a notice sent by mail; or

      (b) The cover sheet, heading or subject line of a notice sent by electronic means,

Ê must bear a statement, in at least 10-point bold type or font, in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

      7.  In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, not later than 10 days before the hearing, erect or cause to be erected on the property at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

      (a) The existing zoning designation of the property in question;

      (b) The proposed zoning designation of the property in question;

      (c) The date, time and place of the public hearing;

      (d) A telephone number which may be used by interested persons to obtain additional information; and

      (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

      8.  A sign required pursuant to subsection 7 is for informational purposes only and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

      9.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 7, if any.

 


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actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

      10.  The governing body shall remove or cause to be removed any sign required by subsection 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

      11.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more that would reduce the density or intensity with which a parcel of land may be used and at least 20 percent of the property owners to whom notices were sent pursuant to subsection 4 indicate in their responses opposition to the proposed amendment, the governing body shall not approve the proposed amendment unless the governing body:

      (a) Considers separately the merits of each aspect of the proposed amendment to which the owners expressed opposition; and

      (b) Makes a written finding that the public interest and necessity will be promoted by approval of the proposed amendment.

      12.  The governing body of a county whose population is 400,000 or more shall not approve a zoning regulation, restriction or boundary, or an amendment thereof, that affects any unincorporated area of the county that is surrounded completely by the territory of an incorporated city without sending a notice to the governing body of the city. The governing body of the city, or its designee, must submit any recommendations to the governing body of the county within 15 days after receiving the notice. The governing body of the county shall consider any such recommendations. If the governing body of the county does not accept a recommendation, the governing body of the county, or its authorized agent, shall specify for the record the reasons for its action.

      Sec. 10.  NRS 278.315 is hereby amended to read as follows:

      278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

      2.  A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201.

      3.  In a county whose population is less than 100,000, notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner of real property, as listed on the county assessor’s records, located within 300 feet of the property in question;

      (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; [and]

 


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      (d) Any advisory board which has been established for the affected area by the governing body [.] ; and

      (e) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation.

      4.  Except as otherwise provided in subsection 7, in a county whose population is 100,000 or more, a notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:

      (a) The applicant;

      (b) If the application is for a deviation of at least 10 percent but not more than 30 percent from a standard for development:

             (1) Each owner, as listed on the county assessor’s records, of real property located within 100 feet of the property in question; and

             (2) Each tenant of a mobile home park located within 100 feet of the property in question;

      (c) If the application is for a special use permit or a deviation of more than 30 percent from a standard for development:

             (1) Each owner, as listed on the county assessor’s records, of real property located within 500 feet of the property in question;

             (2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and

             (3) Each tenant of a mobile home park located within 500 feet of the property in question;

      (d) If the application is for a project of regional significance, as that term is described in NRS 278.02542:

             (1) Each owner, as listed on the county assessor’s records, of real property located within 750 feet of the property in question;

             (2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and

             (3) Each tenant of a mobile home park located within 750 feet of the property in question; [and]

      (e) Any advisory board which has been established for the affected area by the governing body [.] ; and

      (f) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation.

      5.  If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, shall transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

 


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regarding the application and, within 10 days after making its decision on the application, shall transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

      6.  An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to NRS 278.3195.

      7.  In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, at least 10 days before the hearing:

      (a) Send a notice setting forth the time, place and purpose of the hearing to:

             (1) The applicant;

             (2) Each owner, as listed on the county assessor’s records, of real property located within 1,500 feet of the property in question;

             (3) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);

             (4) Each tenant of a mobile home park located within 1,500 feet of the property in question; [and]

             (5) Any advisory board which has been established for the affected area by the governing body; and

             (6) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation; and

      (b) Erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

             (1) The existing permitted use and zoning designation of the property in question;

             (2) The proposed permitted use of the property in question;

             (3) The date, time and place of the public hearing; and

             (4) A telephone number which may be used by interested persons to obtain additional information.

      8.  A sign required pursuant to subsection 7 is for informational purposes only and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

      9.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

      10.  The governing body shall remove or cause to be removed any sign required by subsection 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

      11.  The notice required to be provided pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a party to whom notice must be provided pursuant to those subsections, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand.

 


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easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

      12.  The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.

      Sec. 11.  NRS 278.3195 is hereby amended to read as follows:

      278.3195  1.  Except as otherwise provided in NRS 278.310, each governing body shall adopt an ordinance providing that any person who is aggrieved by a decision of:

      (a) The planning commission, if the governing body has created a planning commission pursuant to NRS 278.030;

      (b) The board of adjustment, if the governing body has created a board of adjustment pursuant to NRS 278.270;

      (c) A hearing examiner, if the governing body has appointed a hearing examiner pursuant to NRS 278.262; or

      (d) Any other person appointed or employed by the governing body who is authorized to make administrative decisions regarding the use of land,

Ê may appeal the decision to the governing body. In a county whose population is 400,000 or more, a person shall be deemed to be aggrieved under an ordinance adopted pursuant to this subsection if the person appeared, either in person, through an authorized representative or in writing, before a person or entity described in paragraphs (a) to (d), inclusive, on the matter which is the subject of the decision.

      2.  Except as otherwise provided in NRS 278.310, an ordinance adopted pursuant to subsection 1 must set forth, without limitation:

      (a) The period within which an appeal must be filed with the governing body.

      (b) The procedures pursuant to which the governing body will hear the appeal.

      (c) That the governing body may affirm, modify or reverse a decision.

      (d) The period within which the governing body must render its decision except that:

             (1) In a county whose population is 400,000 or more, that period must not exceed 45 days.

             (2) In a county whose population is less than 400,000, that period must not exceed 60 days.

      (e) That the decision of the governing body is a final decision for the purpose of judicial review.

      (f) That, in reviewing a decision, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020.

      (g) That the governing body may charge the appellant a fee for the filing of an appeal.

      3.  In addition to the requirements set forth in subsection 2, in a county whose population is 400,000 or more, an ordinance adopted pursuant to subsection 1 must:

      (a) Set forth procedures for the consolidation of appeals; and

      (b) Prohibit the governing body from granting to an aggrieved person more than two continuances on the same matter, unless the governing body determines, upon good cause shown, that the granting of additional continuances is warranted.

 


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      4.  Any person who:

      (a) Has appealed a decision to the governing body in accordance with an ordinance adopted pursuant to subsection 1; and

      (b) Is aggrieved by the decision of the governing body,

Ê may appeal that decision to the district court of the proper county by filing a petition for judicial review within 25 days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.

      5.  As used in this section, “person” includes the Armed Forces of the United States or an official component or representative thereof.

      Secs. 12 and 13.  (Deleted by amendment.)

________

 

CHAPTER 117, AB 6

Assembly Bill No. 6–Assemblyman Hardy

 

CHAPTER 117

 

AN ACT relating to counties; authorizing a board of county commissioners to enter into contracts or other agreements to provide the residents of the county with discounts on prescription drugs; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      A board of county commissioners is authorized under existing law to enact laws to protect the public health. (NRS 244.357) This bill specifically authorizes a board of county commissioners to enter into contracts or other agreements to provide the residents of the county with discounts on prescription drugs. Any such contract or agreement is not subject to competitive bidding procedures.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board of county commissioners may enter into one or more contracts or other agreements to provide the residents of the county with a reduction in the price of a drug or medicine dispensed by a pharmacy pursuant to a prescription. Such contract or other agreement may, without limitation, provide for the participation of the county in a program that provides prescription drugs or medicines at a discounted price.

      2.  A contract or agreement entered into pursuant to subsection 1 is not subject to any requirement of competitive bidding or other restriction imposed on the procedure for the awarding of contracts.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê2007 Statutes of Nevada, Page 356ê

 

CHAPTER 118, AB 57

Assembly Bill No. 57–Assemblyman Manendo

 

CHAPTER 118

 

AN ACT relating to traffic laws; revising provisions governing the stopping, standing or parking of a vehicle near a crosswalk; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      This bill expands the prohibition in existing law from stopping, standing or parking a vehicle within 20 feet of a crosswalk that is located at an intersection by prohibiting such activity at any crosswalk, regardless of location. (NRS 484.399)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.399 is hereby amended to read as follows:

      484.399  1.  A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, in any of the following places:

      (a) On a sidewalk;

      (b) In front of a public or private driveway;

      (c) Within an intersection;

      (d) Within 15 feet of a fire hydrant in a place where parallel parking is permitted, or within 20 feet of a fire hydrant if angle parking is permitted and a local ordinance requires the greater distance;

      (e) On a crosswalk;

      (f) Within 20 feet of a crosswalk ; [at an intersection;]

      (g) Within 30 feet upon the approach to any official traffic-control signal located at the side of a highway;

      (h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone;

      (i) Within 50 feet of the nearest rail of a railroad;

      (j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of that entrance;

      (k) Alongside or opposite any highway excavation or obstruction when stopping, standing or parking would obstruct traffic;

      (l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;

      (m) Upon any bridge or other elevated structure or within a highway tunnel;

      (n) Except as otherwise provided in subsection 2, within 5 feet of a public or private driveway; and

      (o) At any place where official traffic-control devices prohibit stopping, standing or parking.

      2.  The provisions of paragraph (n) of subsection 1 do not apply to a person operating a vehicle of the United States Postal Service if the vehicle is being operated for the official business of the United States Postal Service.

 

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