Link to Page 356

 

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ê2007 Statutes of Nevada, Page 357 (Chapter 118, AB 57)ê

 

      3.  A person shall not move a vehicle not owned by him into any prohibited area or away from a curb to a distance which is unlawful.

      4.  A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion stopping, standing or parking is dangerous to those using the highway or where the vehicles which are stopping, standing or parking would unduly interfere with the free movement of traffic. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on those devices.

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CHAPTER 119, AB 95

Assembly Bill No. 95–Assemblymen Weber, Allen, Mabey, Anderson, Atkinson, Beers, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Goedhart, Goicoechea, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, Marvel, McClain, Oceguera, Ohrenschall, Parks, Parnell, Settelmeyer, Smith, Stewart and Womack

 

CHAPTER 119

 

AN ACT relating to firearms; excluding from the powers granted to certain state officers during an emergency or a disaster the authority to take certain actions concerning firearms; authorizing civil suits against the State of Nevada, its political subdivisions and their officers and employees for the wrongful confiscation of a firearm during an emergency or a disaster; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Section 3 of this bill excludes from the emergency powers that the Governor and the executive heads or governing bodies of the political subdivisions of this State are authorized to exercise during an emergency or a disaster the authority to: (1) confiscate firearms from persons in lawful possession of the firearms; or (2) impose additional restrictions on certain aspects of the trade, possession or use of firearms, ammunition and components thereof. (Chapter 414 of NRS)

      Existing law provides limited civil immunity to the State, its political subdivisions and officers, employees and workers for certain injuries they cause to persons and property during an emergency or a disaster. (NRS 414.110) Section 8 of this bill authorizes a person from whom a firearm is wrongfully confiscated during an emergency or a disaster to bring legal proceedings against the State, its political subdivisions and the officer, employee or worker who wrongfully confiscated or authorized the confiscation of the firearm.

 


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ê2007 Statutes of Nevada, Page 358 (Chapter 119, AB 95)ê

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force. The term includes ammunition for a firearm.

      Sec. 3.  Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow:

      1.  The confiscation of a firearm from a person unless the person is:

      (a) In unlawful possession of the firearm; or

      (b) Unlawfully carrying the firearm; or

      2.  The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of:

      (a) Firearms;

      (b) Ammunition; or

      (c) Components of firearms or ammunition.

      Sec. 4.  NRS 414.030 is hereby amended to read as follows:

      414.030  As used in this chapter, the words and terms defined in NRS 414.031 to 414.038, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 414.070 is hereby amended to read as follows:

      414.070  The provisions of this section are operative only during the existence of a state of emergency or declaration of disaster. The existence of such an emergency or disaster may be proclaimed by the Governor or by resolution of the Legislature if the Governor in his proclamation, or the Legislature in its resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State, and that the safety and welfare of the inhabitants of this State require an invocation of the provisions of this section. Any such emergency or disaster, whether proclaimed by the Governor or by the Legislature, terminates upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a resolution terminating the emergency or disaster. During the period when a state of emergency or declaration of disaster exists or continues, the Governor may exercise the following additional powers:

      1.  To enforce all laws and regulations relating to emergency management and to assume direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State.

      2.  To sell, lend, lease, give, transfer or deliver materials or perform services for the purpose of emergency management on such terms and conditions as the Governor prescribes and without regard to the limitations of any existing law, and to account to the State Treasurer for any funds received for such property.

 


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ê2007 Statutes of Nevada, Page 359 (Chapter 119, AB 95)ê

 

      3.  [To] Except as otherwise provided in section 3 of this act, to procure, by purchase, condemnation, seizure or other means, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for emergency management without regard to the limitations of any existing law. [He] The Governor shall make compensation for the property so seized, taken or condemned on the following basis:

      (a) If property is taken for temporary use, the Governor, within 90 days after the taking, shall fix the amount of compensation to be paid therefor. If the property is returned to the owner in a damaged condition, or is not returned to the owner, the Governor shall fix within 90 days the amount of compensation to be paid for the damage or failure to return the property. [Whenever] If the Governor deems it advisable for the State to take title to property taken under this section, he shall forthwith cause the owner of [such] the property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the Secretary of State.

      (b) Within the 90-day period prescribed in paragraph (a), the Governor shall make an offer in writing to the person or persons entitled to receive it of the amount of money proposed to be paid as full compensation. If the offer is accepted, the money must be paid out of such fund, funds or other sources as are available and no further action [either] in law or in equity may ever be maintained in connection therewith. If the offer of payment is refused, the person or persons entitled thereto have the same rights as plaintiffs in actions of eminent domain insofar as the fixing of damages and compensation is concerned, NRS 37.060, 37.070, 37.080 and 37.090, so far as applicable, apply, and proceedings must be had in conformity therewith so far as possible. [Such] The action must be commenced within 1 year after the receipt of the offer of settlement from the Governor.

      4.  To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons.

      5.  Subject to the provisions of the State Constitution, to remove from office any public officer having administrative responsibilities under this chapter for willful failure to obey an order or regulation adopted pursuant to this chapter. [Such] The removal must be upon charges after service upon the officer of a copy of the charges and after giving him an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the Governor may suspend the officer for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section must be filled as provided by law.

      6.  To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

      Secs. 6 and 7.  (Deleted by amendment.)

      Sec. 8.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person from whom a firearm is confiscated in violation of section 3 of this act may seek relief in a suit, action or other proceeding at law or in equity, including, without limitation, an action for the return of the firearm, against:

 


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ê2007 Statutes of Nevada, Page 360 (Chapter 119, AB 95)ê

 

      (a) The State of Nevada or a political subdivision thereof; and

      (b) The officer or employee of the State or a political subdivision thereof or worker who confiscated or authorized the confiscation of the firearm.

      2.  The proceeding may be commenced in a court of competent jurisdiction in the county in which:

      (a) The person bringing the proceeding resides; or

      (b) The firearm may be found.

      3.  If a person who brings a proceeding pursuant to this section prevails, the court shall award him, in addition to any other remedy provided by law, reasonable attorney’s fees and costs.

      4.  As used in this section:

      (a) “Firearm” has the meaning ascribed to it in section 2 of this act.

      (b) “Worker” has the meaning ascribed to it in NRS 414.110.

      Secs. 9 and 10.  (Deleted by amendment.)

      Sec. 11.  This act becomes effective upon passage and approval.

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CHAPTER 120, AB 131

Assembly Bill No. 131–Committee on Education

 

CHAPTER 120

 

AN ACT relating to education; requiring reports of accountability information for public schools to include certain information regarding pupils enrolled in career and technical education; revising provisions governing the acquisition of joint facilities and projects by school districts for the purpose of providing career and technical education; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires annual reports of accountability information for public schools from the State Board of Education and each school district. (NRS 385.3469, 385.347) Sections 1 and 2 of this bill require that such reports include certain information regarding pupils enrolled in career and technical education.

      Existing law authorizes school districts in this State to acquire certain facilities or projects jointly. (NRS 387.335, 387.531-387.591) Section 3 of this bill requires school districts that acquire a facility or project jointly for the purposes of providing career and technical education to enter into a compact setting forth the terms of the agreement among those school districts concerning the facility or project, which must include provisions for the establishment of an advisory council to assist with oversight of the facility or project. This bill also authorizes the participating school districts to enter into an agreement of cooperation with representatives of the community and business and industry that are interested in the joint facility or project.

 

 


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ê2007 Statutes of Nevada, Page 361 (Chapter 120, AB 131)ê

 

      Whereas, Economic and technological changes in our society are reflected in the structure and nature of our workforce, thereby placing new and additional responsibilities on Nevada’s system of public education to prepare the pupils who reside in this State with the necessary basic tools and skills to be successful and productive members of society; and

      Whereas, The system of career and technical education in this State, through the oversight and direction of the State Board for Career and Technical Education, offers pupils enrolled in the public schools in this State with the opportunities to learn new skills and to expand their career choices; and

      Whereas, The ever-increasing cooperative efforts of career and technical educators and business and industry produces a strong, well-educated workforce and stimulates the growth and vitality of this State’s economy; and

      Whereas, State law currently authorizes the joint acquisition of certain facilities and projects by the school districts in this State; and

      Whereas, The use of joint facilities and projects by school districts for the purpose of providing career and technical education, in cooperation with business and industry and other community partners, is hereby encouraged to ensure the availability of career and technical education to all pupils enrolled in the public high schools in this State; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in paragraph (b).

 


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ê2007 Statutes of Nevada, Page 362 (Chapter 120, AB 131)ê

 

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

            (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

 


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ê2007 Statutes of Nevada, Page 363 (Chapter 120, AB 131)ê

 

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (o) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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ê2007 Statutes of Nevada, Page 364 (Chapter 120, AB 131)ê

 

      (s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (w) Each source of funding for this State to be used for the system of public education.

      (x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study.

             (2) An identification of each program of remedial study, listed by subject area.

      (y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (bb) The number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (cc) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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ê2007 Statutes of Nevada, Page 365 (Chapter 120, AB 131)ê

 

referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      (gg) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      2.  A separate reporting for a subgroup of pupils must not be made pursuant to this section if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

 


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ê2007 Statutes of Nevada, Page 366 (Chapter 120, AB 131)ê

 

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before September 1 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 2.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall:

      (a) Report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      (b) For the information that is reported in an aggregated format, include the data that is applicable to the charter schools sponsored by the school district but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district and sponsored by the State Board.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years.

 


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ê2007 Statutes of Nevada, Page 367 (Chapter 120, AB 131)ê

 

those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations;

             (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board;

            (4) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;

             (5) The percentage of pupils who were not tested;

             (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph (3);

             (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and

             (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

 


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ê2007 Statutes of Nevada, Page 368 (Chapter 120, AB 131)ê

 

average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (f) The curriculum used by the school district, including:

             (1) Any special programs for pupils at an individual school; and

             (2) The curriculum used by each charter school in the district.

 


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ê2007 Statutes of Nevada, Page 369 (Chapter 120, AB 131)ê

 

      (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

             (1) Communication with the parents of pupils in the district; and

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

      (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

      (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

 


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      (q) Each source of funding for the school district.

      (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) An identification of each program of remedial study, listed by subject area.

      (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

      (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

      (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

      (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

 


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ê2007 Statutes of Nevada, Page 371 (Chapter 120, AB 131)ê

 

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school in the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (ee) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

 


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ê2007 Statutes of Nevada, Page 372 (Chapter 120, AB 131)ê

 

      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration; and

             (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

      (a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

 


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ê2007 Statutes of Nevada, Page 373 (Chapter 120, AB 131)ê

 

      9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

      10.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 3.  Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If two or more school districts acquire a facility or project jointly pursuant to the provisions of this section and NRS 387.531 to 387.591, inclusive, for the purpose of providing career and technical education to pupils enrolled in high schools, the participating school districts shall enter into a compact that sets forth the terms of the agreement among the participating school districts concerning the joint facility or project. The compact must include, without limitation:

      (a) Provisions concerning the apportionment of expenses for the joint facility or project;

      (b) Provisions establishing the total number of pupils and the percentage of pupils from each school district that may enroll in each course or program of career and technical education offered by the joint facility or project;

      (c) Provisions concerning personnel for the joint facility or project;

      (d) Provisions establishing an advisory council to assist with oversight of the joint facility or project, the powers and duties of the advisory council and the number of members that must be appointed to the advisory council from among the membership of the board of trustees of each participating school district, which must include at least one member of the board of trustees of each participating school district appointed by the president of the board of trustees of the school district; and

      (e) Any other provisions governing the operation of the joint facility or project as deemed necessary by the participating school districts.

      2.  The participating school districts may enter into one or more agreements of cooperation with representatives of the community and businesses and industry who are interested in the career and technical education offered by the joint facility or project. If such an agreement is entered into, the advisory council established pursuant to subsection 1 may appoint one or more of the representatives to the advisory council.

      Sec. 4.  NRS 387.531 is hereby amended to read as follows:

      387.531  1.  Notwithstanding the provisions of any other law, the boards of trustees of county school districts are encouraged, authorized and empowered to acquire any or all of the facilities or projects specified in subsection 1 of NRS 387.335 jointly, as money may be made available therefor, including, [but not limited to,] without limitation, proceeds of bonds issued pursuant to this chapter [.] , and gifts and grants from any source.

      2.  Subject to the provisions of NRS 387.541, each such county school district, acting by and through its board of trustees, is authorized and empowered, in its name and upon its behalf, to issue the school district’s negotiable, coupon, general obligation bonds for defraying all or any part of the cost of the facility or project.

 


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ê2007 Statutes of Nevada, Page 374 (Chapter 120, AB 131)ê

 

      Sec. 5.  NRS 387.551 is hereby amended to read as follows:

      387.551  1.  Subject to any contractual provisions between the county school districts, including, without limitation, a compact entered into pursuant to section 3 of this act, if applicable, such county school districts hereby are jointly and severally authorized and empowered to:

      (a) Operate and maintain the facility or project upon its completion;

      (b) Extend, better, alter, reconstruct, repair and otherwise improve the facility or project;

      (c) Equip and reequip the facility or project;

      (d) Sell, lease, exchange, transfer, assign or otherwise dispose of property pertaining to the facility or project which no longer is necessary or desirable for use in connection therewith;

      (e) Insure or provide for public liability insurance, property damage insurance and other insurance for the facility or project, or any part thereof, or any activity in connection therewith, against such risks and hazards as either or both county school districts may deem advisable;

      (f) Receive, control, invest and order the expenditure of any [and all moneys and funds] money pertaining to the facility or project;

      (g) Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, the facility, and to assign, reassign and transfer any personnel of either county school district for the performance of duties in connection with the facility or project;

      (h) Make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for the facility or project;

      (i) Make and keep records in connection with the facility or project;

      (j) Arbitrate any differences arising in connection with the facility or project;

      (k) Commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, by suit, action, mandamus or other proceedings, concerning the facility or project;

      (l) Use for or in connection with the facility or project [moneys,] money, land and other real and personal property legally available therefor of either county school district not originally acquired therefor;

      (m) Levy and collect from year to year for use for or in connection with the facility or project general (ad valorem) property taxes in the manner provided by law, including [but not necessarily limited to] , without limitation, the payment of indebtedness incurred therefor;

      (n) Budget and appropriate, and each county school district is hereby required and directed to budget and appropriate, from time to time, general (ad valorem) tax proceeds and other revenues legally available therefor to pay all obligations arising from the exercise of any powers herein granted as such obligations shall accrue and become due;

      (o) Make contracts and execute all instruments necessary or convenient, including [but not limited to] , without limitation, contracts with the Federal Government and the State;

      (p) Acquire any construction work, improvement or improvements of any nature in connection with the facility or project in the manner provided by law;

      (q) Prescribe and enforce reasonable rules and regulations for the use of the facility or project;

 


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ê2007 Statutes of Nevada, Page 375 (Chapter 120, AB 131)ê

 

      (r) Provide for an agency, by any agreement authorized in NRS 387.531 to 387.591, inclusive, and section 3 of this act, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or an advisory council, a commission or a board constituted pursuant to the agreement;

      (s) Provide that any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement, but such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties as designated by the agreement;

      (t) Continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party;

      (u) Exercise all or any part or combination of the powers herein granted; and

      (v) Do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of NRS 387.531 to 387.591, inclusive [;] , and section 3 of this act, and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in NRS 387.531 to 387.591, inclusive [.] , and section 3 of this act.

      2.  The specific powers in subsection 1 [shall] must not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of NRS 387.531 to 387.591, inclusive [.] , and section 3 of this act.

      Sec. 6.  NRS 387.561 is hereby amended to read as follows:

      387.561  [County] In addition to a compact entered into pursuant to section 3 of this act, if applicable, county school districts may from time to time enter into agreements, short-term and long-term, but not exceeding a term of 50 years, with each other concerning the facility or project, including , without limitation:

      1.  Agreements concerning any power granted to either or both by NRS 387.531 to 387.591, inclusive, and section 3 of this act, the exercise of such powers, and conditions and limitations thereupon.

      2.  A contract allocating a portion of the facilities or project to the exclusive use and control of any party thereto.

      3.  A contract concerning the construction and equipment of the joint facility or project, the plans and specifications therefor, and the work and materials incidental thereto, including , without limitation , the acquisition or improvement of the site therefor, or both.

      4.  A contract for the ownership, care, custody, control, improvement, operation and maintenance of the facility or project after its acquisition and for defraying expenses incurred therefor.

      5.  A contract concerning the appointment of personnel for the facility or project.

      6.  A contract providing for rules, regulations and orders for the use by the public, and charges, if any, therefor.

      7.  A contract for the allocation between the county school districts of the total utilization of the facility or project, the method of effecting such allocation, and delineating the rights, if any, of leasing any space in the facility or project and any facilities pertaining thereto, and the manner in which any real property, equipment, and other personal property [shall] must be disposed of during or at the end of any contract term in the absence of subsequent agreement thereabout.

 


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ê2007 Statutes of Nevada, Page 376 (Chapter 120, AB 131)ê

 

facility or project and any facilities pertaining thereto, and the manner in which any real property, equipment, and other personal property [shall] must be disposed of during or at the end of any contract term in the absence of subsequent agreement thereabout.

      8.  A contract concerning the maintenance of records of and for the facility or project, the termination of the joint operation and maintenance of the facility or project, and other legal, financial and administrative arrangements to effect the joint operation and maintenance of the facility or project and its disposal in an orderly and equitable manner.

      Sec. 7.  NRS 387.571 is hereby amended to read as follows:

      387.571  All of the powers, privileges, immunities and rights, exemptions from laws and rules, all retirement, relief, disability, industrial insurance and other benefits which apply to the activity of officers, agents or employees of the county school district employing them when performing their respective functions within the territorial limits of such political subdivision [shall] apply to them to the same degree and extent while engaged in the performance of any of their functions and duties, extraterritorially or otherwise, pursuant to any contract made under the provisions of NRS 387.531 to 387.591, inclusive, and pursuant to a compact entered into pursuant to section 3 of this act, if applicable, or otherwise, in connection with the facility or project and any activity pertaining thereto.

      Sec. 8.  NRS 387.581 is hereby amended to read as follows:

      387.581  The exercise of any power authorized in NRS 387.531 to 387.591, inclusive, and section 3 of this act, upon behalf of any county school district by its board of trustees has been determined, and is hereby declared, to effect a public purpose , [;] and the facility or project, as authorized [shall effect] , effects a public purpose.

      Sec. 9.  NRS 387.591 is hereby amended to read as follows:

      387.591  1.  The provisions of NRS 387.531 to 387.591, inclusive, and section 3 of this act, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect their purpose.

      2.  Nothing contained in the provisions of NRS 387.531 to 387.591, inclusive, and section 3 of this act shall be construed as preventing the exercise of any power granted to either such county school district or any officer, agent or employee thereof, by any other law.

      Sec. 10.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 377ê

 

CHAPTER 121, AB 154

Assembly Bill No. 154–Committee on Transportation

 

CHAPTER 121

 

AN ACT relating to motor carriers; exempting the transportation of persons or property in connection with the operation of certain private schools or related school activities from certain provisions governing motor carriers; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the regulation and licensing of motor carriers. (NRS 706.011-706.791) Current exemptions from such provisions are, without limitation, provided for: (1) a contractor transporting his own equipment from job to job; (2) a person transporting his own personal effects; (3) special mobile equipment such as forklifts, road construction and maintenance machinery and earth-moving equipment; (4) vehicles used in the production of motion pictures and films; (5) a private motor carrier of property used for conventions, shows or sporting events; and (6) a private motor carrier of property used for livestock shows and sales. (NRS 706.736) However, the exemptions do not extend to certain provisions concerning the safety of drivers and vehicles. (NRS 706.736) This bill provides a similar exemption from the provisions of NRS 706.011 to 706.791, inclusive, for the transportation by certain private schools of persons or property in connection with the operation of the school or related school activities under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, do not apply to:

      (a) The transportation by a contractor licensed by the State Contractors’ Board of his own equipment in his own vehicles from job to job.

      (b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

      (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

 


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ê2007 Statutes of Nevada, Page 378 (Chapter 121, AB 154)ê

 

      (g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

      (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.

      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:

      (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

      (b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

      4.  Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.

      5.  As used in this section, “private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.

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

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ê2007 Statutes of Nevada, Page 379ê

 

CHAPTER 122, AB 217

Assembly Bill No. 217–Assemblymen Bobzien, Buckley, Leslie, Smith, Horne, Anderson, Claborn, Conklin, Denis, Gerhardt, Goicoechea, Hardy, Hogan, Kihuen, Kirkpatrick, Koivisto, Manendo, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Stewart and Womack

 

Joint Sponsor: Senator Titus

 

CHAPTER 122

 

AN ACT relating to the State Environmental Commission; revising the membership of the Commission; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law creates the State Environmental Commission within the State Department of Conservation and Natural Resources. The Commission consists of six members designated by statute and five members appointed by the Governor. (NRS 445B.200) This bill provides that, of the five members of the Commission who are appointed by the Governor, one member must have experience and expertise in advocating issues relating to conservation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445B.200 is hereby amended to read as follows:

      445B.200  1.  The State Environmental Commission is hereby created within the Department. The Commission consists of:

      (a) The Director of the Department of Wildlife;

      (b) The State Forester Firewarden;

      (c) The State Engineer;

      (d) The Director of the State Department of Agriculture;

      (e) The Administrator of the Division of Minerals of the Commission on Mineral Resources;

      (f) A member of the State Board of Health to be designated by that Board; and

      (g) Five members appointed by the Governor [, one] :

             (1) One of whom is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS [and one] ;

             (2) One of whom possesses expertise in performing mining reclamation [.] ; and

             (3) One of whom possesses experience and expertise in advocating issues relating to conservation.

      2.  The Governor shall appoint the Chairman of the Commission from among the members of the Commission.

      3.  A majority of the members constitutes a quorum, and a majority of those present must concur in any decision.

      4.  Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at a meeting of the Commission.

 


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ê2007 Statutes of Nevada, Page 380 (Chapter 122, AB 217)ê

 

      5.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Any person who receives or has received during the previous 2 years a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive, is disqualified from serving as a member of the Commission. The provisions of this subsection do not apply to any person who receives, or has received during the previous 2 years, a significant portion of his income from any department or agency of State Government which is a holder of or an applicant for a permit required by NRS 445A.300 to 445A.730, inclusive.

      7.  The Department shall provide technical advice, support and assistance to the Commission. All state officers, departments, commissions and agencies, including the Department of Transportation, the Department of Health and Human Services, the Nevada System of Higher Education, the State Public Works Board, the Department of Motor Vehicles, the Department of Public Safety, the Public Utilities Commission of Nevada, the Transportation Services Authority and the State Department of Agriculture may also provide technical advice, support and assistance to the Commission.

      Sec. 2.  As soon as practicable on or after July 1, 2007, the Governor shall appoint to the State Environmental Commission a person who is qualified to serve as a member of the Commission pursuant to subparagraph (3) of paragraph (g) of subsection 1 of NRS 445B.200, as amended by section 1 of this act.

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

________

 

CHAPTER 123, AB 224

Assembly Bill No. 224–Committee on Commerce and Labor

 

CHAPTER 123

 

AN ACT relating to manufactured housing; exempting specialty servicemen from the requirement of taking an examination for licensure in certain circumstances; requiring a provider of services to enter into written contracts for any work he provides with each person who is pertinent to the sale, installation and occupancy of a manufactured home; requiring the Manufactured Housing Division of the Department of Business and Industry to adopt national standards and codes for the construction of factory-built housing, manufactured buildings and modular components; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 


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ê2007 Statutes of Nevada, Page 381 (Chapter 123, AB 224)ê

 

Legislative Counsel’s Digest:

      Existing law regulates “specialty servicemen” which are persons who own or are responsible for a business that has a limited scope of work that it may perform on or in a manufactured home, mobile home or commercial coach. (NRS 489.147, 489.305-489.325) Specialty servicemen are required to pass an examination and apply for licensure. (NRS 489.321, 489.325, 489.351) Sections 1-5 of this bill provide that a specialty serviceman may be given a waiver from the examination requirement if he holds another license in this State pursuant to which he performs services that are substantially similar to those that he will perform as a specialty serviceman.

      Existing law authorizes a dealer of new manufactured homes to enter into written agreements pursuant to which appropriately licensed providers of service agree to perform work pertinent to the sale, installation and occupancy of a manufactured home. (NRS 489.716) Section 6 of this bill requires such providers of service to enter into written agreements for any work they provide with each person who is pertinent to the sale, installation and occupancy of a manufactured home.

      Section 7 of this bill deletes provisions of existing law which set forth standards for the construction, reconstruction and alteration of factory-built housing, manufactured buildings and modular components and instead requires the Manufactured Housing Division to adopt by regulation the nationally recognized standards and codes for such construction, reconstruction and alteration.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  An application for a manufacturer’s, dealer’s, general serviceman’s or specialty serviceman’s license must be filed upon forms supplied by the Division and include the social security number of the applicant. The applicant must furnish:

      (a) Any proof the Division may deem necessary that the applicant is a manufacturer, dealer, general serviceman or specialty serviceman.

      (b) Any proof the Division may require that the applicant has an established place of business.

      (c) Any proof the Division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information relating to the fingerprints of an applicant under this section.

      (e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the Division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      (f) A reasonable fee fixed by regulation.

      (g) In the case of a dealer [,] or general serviceman , [or specialty serviceman,] proof of passing the examination required under NRS 489.351.

      (h) In the case of a specialty serviceman, proof of passing the examination required under subsection 1 of NRS 489.351 or proof that the examination has been waived pursuant to subsection 2 of NRS 489.351.

      (i) Any additional requirements the Division may from time to time prescribe by regulation.

 


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ê2007 Statutes of Nevada, Page 382 (Chapter 123, AB 224)ê

 

      2.  Within 60 days after the receipt of a complete application, the Division shall issue or deny the license.

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Division shall issue to the applicant a dealer’s, manufacturer’s, general serviceman’s or specialty serviceman’s license containing the applicant’s name and the address of his fixed place of business.

      4.  Each license is valid for a period of 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

      Sec. 2.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  Applications for a manufacturer’s, dealer’s, general serviceman’s or specialty serviceman’s license must be filed upon forms supplied by the Division, and the applicant shall furnish:

      (a) Any proof the Division may deem necessary that the applicant is a manufacturer, dealer, general serviceman or specialty serviceman.

      (b) Any proof the Division may require that the applicant has an established place of business.

      (c) Any proof the Division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.

      (e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the Division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      (f) A reasonable fee fixed by regulation.

      (g) In the case of a dealer [,] or general serviceman , [or specialty serviceman,] proof of passing the examination required under NRS 489.351.

      (h) In the case of a specialty serviceman, proof of passing the examination required under subsection 1 of NRS 489.351 or proof that the examination has been waived pursuant to subsection 2 of NRS 489.351.

      (i) Any additional requirements the Division may from time to time prescribe by regulation.

      2.  Within 60 days after receipt of a complete application, the Division shall issue or deny the license.

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Division shall issue to the applicant a dealer’s, manufacturer’s, general serviceman’s or specialty serviceman’s license certificate containing the applicant’s name and the address of his fixed place of business.

      4.  Each license is valid for a period of 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

 


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ê2007 Statutes of Nevada, Page 383 (Chapter 123, AB 224)ê

 

      Sec. 3.  NRS 489.325 is hereby amended to read as follows:

      489.325  1.  The Administrator may adopt regulations which provide for the licensing of specialty servicemen. A person licensed as a specialty serviceman pursuant to this section must be limited in the scope of the work he may perform to installation or repair in one of the following categories:

      (a) Awnings, roofing or skirting;

      (b) Plumbing;

      (c) Heating and air-conditioning systems;

      (d) Electrical systems; or

      (e) Any other category that may be similarly licensed by the State Contractors’ Board.

      2.  The Administrator shall provide in those regulations for:

      (a) The imposition of reasonable fees for application, examination and licensure.

      (b) The creation and administration of a written or oral examination for each category of limited licensure.

      (c) Minimum qualifications for such a license, including, without limitation, the passage of [the] any applicable examination [.] required pursuant to subsection 1 of NRS 489.351, unless waived pursuant to subsection 2 of NRS 489.351.

      3.  A person who is licensed as a specialty serviceman shall comply with each statute and regulation which applies to general servicemen, including, without limitation, the payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

      Sec. 4.  NRS 489.343 is hereby amended to read as follows:

      489.343  1.  Every partnership doing business as a manufacturer, dealer, general serviceman or specialty serviceman in this State shall designate one of its members, and every corporation doing business as a manufacturer, dealer, general serviceman or specialty serviceman in this State shall designate one of its officers, to submit an application for a manufacturer’s, dealer’s, general serviceman’s or specialty serviceman’s license.

      2.  The Division shall issue a manufacturer’s, dealer’s, general serviceman’s or specialty serviceman’s license to the member or officer on behalf of the corporation or partnership [,] upon:

      (a) The designated member or officer, in the case of a dealer, general serviceman or specialty serviceman, successfully passing the examination [requirement] required pursuant to NRS 489.351 unless, in the case of a specialty serviceman, the examination is waived pursuant to subsection 2 of NRS 489.351; and

      (b) Compliance with all other requirements of law or any other additional requirements the Division may from time to time prescribe by regulation by the partnership or corporation, as well as by the designated member or officer.

      3.  Upon receipt of the license, the designated member or officer is entitled to perform all the acts authorized by a license issued by the Division, except:

      (a) That the license issued entitles the designated member or officer to act pursuant to the terms and conditions of the license issued by the Division only as officer or agent of the partnership or corporation, and not on his own behalf; and

      (b) That if the person designated by the partnership or corporation:

 


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ê2007 Statutes of Nevada, Page 384 (Chapter 123, AB 224)ê

 

             (1) Is refused a license by the Division; or

             (2) Ceases to be connected with the partnership or corporation,

Ê the partnership or corporation may designate another person who shall make application and qualify as in the first instance.

      Sec. 5.  NRS 489.351 is hereby amended to read as follows:

      489.351  [The]

      1.  Except as otherwise provided in subsection 2, the Administrator shall require an oral or written examination of each applicant for a license as a dealer, responsible managing employee, salesman, general serviceman or specialty serviceman.

      2.  The Administrator may waive the examination required pursuant to subsection 1 for an applicant for a license as a specialty serviceman if:

      (a) The applicant holds another valid license issued by this State; and

      (b) The services performed by the applicant pursuant to that license are substantially similar to the services to be performed by the applicant as a specialty serviceman.

      Sec. 6.  NRS 489.716 is hereby amended to read as follows:

      489.716  1.  A dealer of new manufactured homes who is licensed pursuant to chapter 624 of NRS may enter into written agreements pursuant to which appropriately licensed providers of service agree to perform work pertinent to the sale, installation and occupancy of a manufactured home. If such a dealer enters into such a written agreement, the dealer is responsible for the workmanship and completion of all parts of the project involving the sale, installation and occupancy of the manufactured home, including, without limitation, any work performed by a provider of service pursuant to the written agreement.

      2.  A dealer of [new] manufactured homes, regardless of whether he is licensed pursuant to chapter 624 of NRS, shall not require a buyer of a manufactured home to obtain services to be performed pertinent to the sale, installation or occupancy of the manufactured home from a specific provider. The dealer shall disclose to the buyer in writing the fact that the dealer is prohibited from requiring the buyer to obtain such services from a specific provider of services.

      3.  Before performing any work, a provider of services shall enter into a written agreement with each person for whom he will perform work which is pertinent to the sale, installation or occupancy of a manufactured home, including, without limitation, a dealer of manufactured homes, a person who owns a manufactured home and any person who is purchasing a manufactured home. The written agreement must include provisions specifying:

      (a) The scope of work;

      (b) The cost for completion of the work;

      (c) The date on which work will begin;

      (d) The anticipated date for completion of the work; and

      (e) That no additional work may be performed and no additional costs may be charged unless agreed to in writing before the additional work is performed or costs are incurred.

      4.  As used in this section, “provider of services” means any person who performs work pertinent to the sale, installation and occupancy of a new manufactured home.

 


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ê2007 Statutes of Nevada, Page 385 (Chapter 123, AB 224)ê

 

      Sec. 7.  NRS 461.170 is hereby amended to read as follows:

      461.170  1.  [Unless the Division has adopted a more recent edition pursuant to paragraph (b) of subsection 2, the following codes and standards, in the form most recently published before January 1, 1999, are hereby adopted for the purposes of this chapter:

      (a) The Uniform Housing Code;

      (b) The Uniform Building Code, as adopted by the International Conference of Building Officials;

      (c) The Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials;

      (d) The Uniform Mechanical Code, as adopted by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials;

      (e) The National Electrical Code, as adopted by the National Fire Protection Association;

      (f) The Uniform Building Code, Dangerous Building, as adopted by the International Conference of Building Officials;

      (g) The Uniform Building Code Standards, as adopted by the International Conference of Building Officials; and

      (h) The American National Standards Institute Standard No. A117.1.

      2.  The Division may:

      (a) Adopt regulations necessary to carry out the provisions of this chapter and the codes and standards adopted by this section.

      (b) Adopt, by regulation, the most recent edition of the codes and standards specified in subsection 1.

      (c) Revise the regulations to conform substantially to any amendments to the codes and standards.] The Division shall adopt by regulation nationally recognized codes and standards for the construction of factory-built housing, manufactured buildings and modular components.

      2.  The Division shall adopt regulations for the:

      (a) Reconstruction; and

      (b) Alteration, including, without limitation, alteration to a plumbing, heating or electrical system,

Ê of factory-built housing, manufactured buildings and modular components that are consistent with nationally recognized codes and standards.

      3.  If approved in writing by the Division, a local enforcement agency may impose requirements that are more stringent than the codes, standards and regulations adopted under this section.

      Sec. 8.  NRS 461.190 is hereby amended to read as follows:

      461.190  1.  Factory-built housing manufactured after the effective date of the regulations for that housing adopted pursuant to this chapter which is sold or offered for sale to a first user within this State must bear an insigne of approval issued by the Division.

      2.  A manufactured building [,] fabricated after the effective date of the regulations for that building adopted pursuant to this chapter [,] which is sold or offered for sale to a first user within this State must bear an insigne of approval issued by the Division.

      3.  The Division may issue insignia, medallions, symbols or tags issued by the appropriate certifying authority designated by the uniform codes and standards adopted pursuant to NRS 461.170 to signify compliance with all the provisions of NRS 461.170.

 


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ê2007 Statutes of Nevada, Page 386 (Chapter 123, AB 224)ê

 

      4.  The Division may provide by regulation for the approval of any factory-built housing or manufactured building which has been inspected and approved by the appropriate certifying authorities of another jurisdiction which has adopted all the codes and standards [specified in] adopted pursuant to NRS 461.170 without additional inspection or issuance of additional insignia, medallions, symbols or tags by the Division.

      Sec. 9.  1.  This section and sections 1 and 3 to 8, inclusive, of this act become effective upon passage and approval.

      2.  Section 1 of this act expires 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 of the support of one or more children,

Ê are repealed by the Congress of the United States.

      3.  Section 2 of this act becomes 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 of the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 124, AB 233

Assembly Bill No. 233–Committee on Government Affairs

 

CHAPTER 124

 

AN ACT relating to mental health; increasing the number of members of the Commission on Mental Health and Developmental Services; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Commission on Mental Health and Developmental Services in the Department of Health and Human Services consists of nine members appointed by the Governor. (NRS 232.361) This bill increases the number of members on the Commission to 10 members and requires that the additional member have knowledge and experience in the prevention and treatment of alcohol and drug abuse. The Governor is required to appoint the additional member from a list of three candidates submitted by the Division of Mental Health and Developmental Services of the Department.

 


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ê2007 Statutes of Nevada, Page 387 (Chapter 124, AB 233)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 232.361 is hereby amended to read as follows:

      232.361  1.  There is hereby created in the Department a Commission on Mental Health and Developmental Services consisting of [nine] 10 members appointed by the Governor, at least [three] 3 of whom have training or experience in dealing with mental retardation.

      2.  The Governor shall appoint:

      (a) A psychiatrist licensed to practice medicine in this State, from a list of three candidates submitted by the Nevada Psychiatric Association;

      (b) A psychologist licensed to practice in this State and experienced in clinical practice, from a list of four candidates submitted by the Nevada State Psychological Association, two of whom must be from northern Nevada and two of whom must be from southern Nevada;

      (c) A physician, other than a psychiatrist, licensed to practice medicine in this State and who has experience in dealing with mental retardation, from a list of three candidates submitted by the Nevada State Medical Association;

      (d) A social worker who has a master’s degree and has experience in dealing with mental illness or mental retardation, or both;

      (e) A registered nurse licensed to practice in this State who has experience in dealing with mental illness or mental retardation, or both, from a list of three candidates submitted by the Nevada Nurses Association;

      (f) A marriage and family therapist licensed to practice in this State, from a list of three candidates submitted by the Nevada Association for Marriage and Family Therapy;

      (g) A person who has knowledge and experience in the prevention of alcohol and drug abuse and the treatment and recovery of alcohol and drug abusers through a program or service provided pursuant to chapter 458 of NRS, from a list of three candidates submitted by the Division of Mental Health and Developmental Services of the Department;

      (h) A current or former recipient of mental health services provided by the State or any agency thereof;

      [(h)] (i) A representative of the general public who has a special interest in the field of mental health; and

      [(i)] (j) A representative of the general public who has a special interest in the field of mental retardation.

      3.  The Governor shall appoint the Chairman of the Commission from among its members.

      4.  After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.

      Sec. 2.  1.  As soon as practicable after July 1, 2007, but before September 1, 2007, the Division of Mental Health and Developmental Services of the Department of Health and Human Services shall submit to the Governor a list of three candidates for appointment to the Commission on Mental Health and Developmental Services in accordance with paragraph (g) of subsection 2 of NRS 232.361.

 


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ê2007 Statutes of Nevada, Page 388 (Chapter 124, AB 233)ê

 

      2.  On or before October 1, 2007, the Governor shall appoint from the list of candidates submitted by the Division pursuant to subsection 1 the member of the Commission described in paragraph (g) of subsection 2 of NRS 232.361 to an initial term of 4 years commencing on October 1, 2007.

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

________

 

CHAPTER 125, AB 236

Assembly Bill No. 236–Assemblymen Settelmeyer, Mabey, Allen, Gansert, Cobb, Beers, Carpenter, Christensen, Goedhart, Goicoechea, Grady, Hardy, Marvel, Stewart and Weber

 

Joint Sponsors: Senators Washington, Hardy, Townsend, Amodei, Beers, Cegavske, Heck, McGinness, Nolan, Raggio and Rhoads

 

CHAPTER 125

 

AN ACT relating to taxation; allowing the Department of Taxation to refrain from taking any action to collect unpaid sales and use taxes due from a person if the cost of that action would exceed the total amount due; revising the provisions governing the reporting and payment period for those taxes and the maximum amount which may be required as security for the payment of those taxes; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the imposition and administration of sales and use taxes pursuant to the Sales and Use Tax Act and the Local School Support Tax Law. (Chapters 372 and 374 of NRS) Section 1 of this bill authorizes the Department of Taxation to refrain from taking any action to collect any unpaid sales or use taxes due from a person if the cost of that action would exceed the total amount due, including any applicable interest and penalties.

      Existing law provides for the filing of sales and use tax returns on a quarterly basis from taxpayers whose taxable sales do not exceed $10,000 per month. (NRS 372.380, 374.385) Sections 2 and 4 of this bill allow such a taxpayer to file those returns on an annual basis if the taxpayer had no taxes due for the previous 3 calendar quarters or if the taxable sales did not exceed $1,500 for the previous 4 calendar quarters.

      Existing law prescribes the maximum amount of security for the payment of sales and use taxes which the Department of Taxation may require from taxpayers who file tax returns for quarterly periods or for monthly periods. (NRS 372.510, 374.515) Sections 3 and 5 of this bill prescribe a proportionate maximum amount of security which may be required from taxpayers who are allowed to file tax returns on an annual basis.

 


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ê2007 Statutes of Nevada, Page 389 (Chapter 125, AB 236)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section or directed by the Nevada Tax Commission and notwithstanding any other provision of law, the Department is not required to take any action for the collection of any unpaid sales or use taxes for which a person may be liable if the Department determines that the cost of taking that action would exceed the total accumulated amount of all the unpaid sales and use taxes, and any applicable interest and penalties, for which that person is liable.

      2.  The Nevada Tax Commission shall annually determine the average cost of collecting sales and use taxes in this State which must be used by the Department in making any determination pursuant to subsection 1.

      3.  This section does not:

      (a) Affect the liability of any person for the payment of any taxes, interest or penalties; or

      (b) Authorize the Department to refrain from taking any action for the collection of any unpaid sales or use taxes from a person when the Department determines that the cost of taking that action would be less than or equal to the total accumulated amount of all the unpaid sales and use taxes, and any applicable interest and penalties, for which that person is liable.

      Sec. 2.  NRS 372.380 is hereby amended to read as follows:

      372.380  1.  Except as otherwise provided in [subsection 2] this section or required by the Department pursuant to NRS 360B.200, the reporting and payment period of [a] :

      (a) A taxpayer whose taxable sales do not exceed $10,000 per month is a calendar quarter.

      (b) A taxpayer who files reports on a quarterly basis in accordance with paragraph (a) and:

             (1) From whom no tax is due pursuant to this chapter for the immediately preceding three quarterly reporting periods; or

             (2) Whose taxable sales do not exceed a total amount of $1,500 for the immediately preceding four quarterly reporting periods,

Ê is 12 calendar months, unless the taxable sales of the taxpayer exceed a total amount of $1,500 for such a 12-month reporting and payment period or $10,000 for a calendar month.

      2.  The Department, if it deems this action necessary [in order to insure] to ensure payment to or facilitate the collection by the State of the amount of taxes, may require returns and payment of the amount of taxes for periods other than calendar months or quarters, depending upon the principal place of business of the seller, retailer or purchaser, as the case may be, or for other than monthly , [or] quarterly or annual periods.

      Sec. 3.  NRS 372.510 is hereby amended to read as follows:

      372.510  1.  The Department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the Department may determine. The Department shall fix the amount of the security which, except as otherwise provided in subsection 2, may not be greater than twice the estimated average tax due quarterly of persons filing returns for quarterly periods , [or] three times the estimated average tax due monthly of persons filing returns for monthly periods [,] or four times the estimated average tax due annually of persons filing returns for annual periods, determined in such a manner as the Department deems proper.

 


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ê2007 Statutes of Nevada, Page 390 (Chapter 125, AB 236)ê

 

average tax due quarterly of persons filing returns for quarterly periods , [or] three times the estimated average tax due monthly of persons filing returns for monthly periods [,] or four times the estimated average tax due annually of persons filing returns for annual periods, determined in such a manner as the Department deems proper.

      2.  In the case of persons who are habitually delinquent in their obligations under this chapter, the amount of the security may not be greater than three times the average actual tax due quarterly of persons filing returns for quarterly periods , [or] five times the average actual tax due monthly of persons filing returns for monthly periods [.] or seven times the average actual tax due annually of persons filing returns for annual periods.

      3.  The limitations provided in this section apply regardless of the type of security placed with the Department.

      4.  The amount of the security may be increased or decreased by the Department subject to the limitations provided in this section.

      5.  The Department may sell the security at public auction if it becomes necessary to recover any tax or any amount required to be collected, or interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail . [; if] If the notice is served by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the Department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the Department at a private sale at a price not lower than the prevailing market price.

      6.  Upon any sale any surplus above the amounts due must be returned to the person who placed the security.

      Sec. 4.  NRS 374.385 is hereby amended to read as follows:

      374.385  1.  Except as otherwise provided in [subsection 2] this section or required by the Department pursuant to NRS 360B.200, the reporting and payment period of [a] :

      (a) A taxpayer whose taxable sales do not exceed $10,000 per month is a calendar quarter.

      (b) A taxpayer who files reports on a quarterly basis in accordance with paragraph (a) and:

             (1) From whom no tax is due pursuant to this chapter for the immediately preceding three quarterly reporting periods; or

             (2) Whose taxable sales do not exceed a total amount of $1,500 for the immediately preceding four quarterly reporting periods,

Ê is 12 calendar months, unless the taxable sales of the taxpayer exceed a total amount of $1,500 for such a 12-month reporting and payment period or $10,000 for a calendar month.

      2.  The Department, if it deems this action necessary [in order to insure] to ensure payment to or facilitate the collection by the county of the amount of taxes, may require returns and payment of the amount of taxes for periods other than calendar months or quarters, depending upon the principal place of business of the seller, retailer or purchaser as the case may be, or for other than monthly , [or] quarterly or annual periods.

      Sec. 5.  NRS 374.515 is hereby amended to read as follows:

      374.515  1.  The Department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the Department may determine. The Department shall fix the amount of the security [must be fixed by the Department but,] which, except as otherwise provided in subsection 2, may not be greater than twice the estimated average tax due quarterly of persons filing returns for quarterly periods , [or] three times the estimated average tax due monthly of persons filing returns for monthly periods [,] or four times the estimated average tax due annually of persons filing returns for annual periods, determined in such a manner as the Department deems proper.

 


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

ê2007 Statutes of Nevada, Page 391 (Chapter 125, AB 236)ê

 

Department shall fix the amount of the security [must be fixed by the Department but,] which, except as otherwise provided in subsection 2, may not be greater than twice the estimated average tax due quarterly of persons filing returns for quarterly periods , [or] three times the estimated average tax due monthly of persons filing returns for monthly periods [,] or four times the estimated average tax due annually of persons filing returns for annual periods, determined in such a manner as the Department deems proper.

      2.  In case of persons habitually delinquent in their obligations under this chapter, the amount of the security [must] may not be greater than three times the average actual tax due quarterly of persons filing returns for quarterly periods , [or] five times the average actual tax due monthly of persons filing returns for monthly periods [.] or seven times the average actual tax due annually of persons filing returns for annual periods.

      3.  The limitations provided in this section apply regardless of the type of security placed with the Department.

      4.  The amount of the security may be increased or decreased by the Department subject to the limitations in this section.

      5.  The Department may sell the security at public auction if it becomes necessary to recover any tax or any amount required to be collected, or interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail . [; if] If the notice is served by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the Department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the Department at a private sale at a price not lower than the prevailing market price.

      6.  Upon any sale any surplus above the amounts due must be returned to the person who placed the security.

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

________

 


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

ê2007 Statutes of Nevada, Page 392ê

 

CHAPTER 126, SB 20

Senate Bill No. 20–Committee on Commerce and Labor

 

CHAPTER 126

 

AN ACT relating to industrial insurance; revising certain deadlines relating to claims against a subsequent injury account; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law creates certain subsequent injury accounts for the payment of compensation for a disability that is the result of a work-related subsequent injury. If the disability from a subsequent injury is substantially greater because of the combined effects of a preexisting work-related injury and the subsequent injury, the compensation due the injured employee must be paid from a subsequent injury account. (NRS 616B.557, 616B.578, 616B.587) Existing law establishes certain requirements relating to the notification of a possible claim against the account and to when decisions on claims for reimbursement from an account must be made. (NRS 616B.557, 616B.560, 616B.578, 616B.581, 616B.587, 616B.590) Sections 1, 3 and 5 of this bill revise the deadlines for the notification of a claim for reimbursement from a subsequent injury account and for the notification of a decision on a claim for reimbursement from a subsequent injury account.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616B.557 is hereby amended to read as follows:

      616B.557  Except as otherwise provided in NRS 616B.560:

      1.  If an employee of a self-insured employer has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Self-Insured Employers in accordance with regulations adopted by the Board.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Self-Insured Employers in accordance with regulations adopted by the Board.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

 


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

ê2007 Statutes of Nevada, Page 393 (Chapter 126, SB 20)ê

 

      4.  To qualify under this section for reimbursement from the Subsequent Injury Account for Self-Insured Employers, the self-insured employer must establish by written records that the self-insured employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the self-insured employer acquired such knowledge.

      5.  A self-insured employer [shall notify] must submit to the Board [of any possible claim against] a claim for reimbursement from the Subsequent Injury Account for Self-Insured Employers . [as soon as practicable, but not later than 100 weeks after the injury or death.]

      6.  The Board shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Self-Insured Employers. The Board shall notify the self-insured employer of [his] its decision on such a claim within [90] 120 days after the claim is received.

      7.  An appeal of any decision made concerning a claim against the Subsequent Injury Account for Self-Insured Employers must be submitted directly to the district court.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 616B.578 is hereby amended to read as follows:

      616B.578  Except as otherwise provided in NRS 616B.581:

      1.  If an employee of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

      4.  To qualify under this section for reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, the association of self-insured public or private employers must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

 


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

ê2007 Statutes of Nevada, Page 394 (Chapter 126, SB 20)ê

 

      5.  An association of self-insured public or private employers [shall notify] must submit to the Board [of any possible claim against] a claim for reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers . [as soon as practicable, but not later than 100 weeks after the injury or death.]

      6.  The Board shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. The Board shall notify the Association of Self-Insured Public or Private Employers of its decision on such a claim within [90] 120 days after the claim is received.

      7.  An appeal of any decision made concerning a claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be submitted directly to the district court.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 616B.587 is hereby amended to read as follows:

      616B.587  Except as otherwise provided in NRS 616B.590:

      1.  If an employee of an employer who is insured by a private carrier has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Private Carriers in accordance with regulations adopted by the Administrator.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Private Carriers in accordance with regulations adopted by the Administrator.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

      4.  To qualify under this section for reimbursement from the Subsequent Injury Account for Private Carriers, the private carrier must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

      5.  A private carrier [shall notify] must submit to the Administrator [of any possible claim against] a claim for reimbursement from the Subsequent Injury Account for Private Carriers . [as soon as practicable, but not later than 100 weeks after the injury or death.]

      6.  The Administrator shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Private Carriers. The Administrator shall notify the private carrier of his decision on such a claim within [90] 120 days after the claim is received.

 


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

ê2007 Statutes of Nevada, Page 395 (Chapter 126, SB 20)ê

 

      7.  An appeal of any decision made concerning a claim against the Subsequent Injury Account for Private Carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

      Sec. 6.  (Deleted by amendment.)

________

 

CHAPTER 127, SB 35

Senate Bill No. 35–Committee on Judiciary

 

CHAPTER 127

 

AN ACT relating to crimes; providing that certain witnesses may testify by simultaneous audiovisual transmission in certain circumstances; providing that certain affidavits and declarations are admissible in certain criminal proceedings; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Before 2005, NRS 50.315 and 50.320 allowed affidavits and declarations of certain persons to be admitted as evidence during any criminal or administrative proceeding, including a trial, to prove certain facts relating to the testing of the blood, breath or urine of an accused to determine the presence or concentration of alcohol or certain other substances. During the 2005 Legislative Session, those provisions were amended so that such affidavits and declarations could only be used during a hearing before a grand jury or a preliminary hearing. (Chapter 443, Statutes of Nevada 2005, p. 2044) Those amendments were made in response to an opinion of the Nevada Supreme Court in 2004 which held that the affidavit of the nurse who withdrew the blood of a defendant accused of driving a vehicle while under the influence of alcohol was inadmissible at trial unless the defendant had an opportunity to cross-examine the person providing the testimony as required by the Sixth Amendment to the U.S. Constitution. (City of Las Vegas v. Walsh, 120 Nev. Adv. Op. 44, 91 P.3d 591, 596 (2004)) In December of 2005, the Nevada Supreme Court withdrew its opinion in City of Las Vegas and instead held that NRS 50.315 as it existed before its decision in City of Las Vegas was not unconstitutional and adequately preserved the rights of an accused under the Constitution. (City of Las Vegas v. Walsh, 121 Nev. Adv. Op. 85, 124 P.3d 203, 209 (2005)) Although the Court agreed that the evidence is testimonial, the statute allowed for the court to order the witness to testify in court in certain circumstances. Accordingly, such evidence may be made admissible during other criminal and administrative proceedings if authorized by statute.

      Sections 2 and 3 of this bill amend NRS 50.315 and 50.320 to return the language of those sections to that which existed before 2005. Sections 2 and 3 provide that the affidavits and declarations referred to in those sections in certain circumstances may be admitted into evidence during any criminal proceeding, including a trial. Section 4 of this bill provides the procedure for having such affidavits and declarations admitted into evidence at trial and the notice that must be provided to the defense in such circumstances. Section 1 of this bill adds a new provision allowing the affiant or declarant to testify by audiovisual transmission when testimony is required to admit the affidavit or declaration.

 


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

ê2007 Statutes of Nevada, Page 396 (Chapter 127, SB 35)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any testimony given pursuant to NRS 50.315 or 50.320 may be given by means of simultaneous audiovisual transmission accomplished through the use of:

      1.  One or more cameras at a location other than the courtroom that depict the witness in real time so that the defendant, the defendant’s counsel, the prosecutor, the court and the jury, if any, can see the witness in his entirety; and

      2.  One or more cameras in the courtroom that depict the defendant, the defendant’s counsel, the prosecutor, the court and the jury, if any, in real time on a screen visible to the witness who is at another location.

      Sec. 2.  NRS 50.315 is hereby amended to read as follows:

      50.315  1.  [The] Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any [grand jury hearing, preliminary hearing] criminal or administrative proceeding to prove:

      (a) That the affiant or declarant has been certified by the Director of the Department of Public Safety as being competent to operate devices of a type certified by the Committee on Testing for Intoxication as accurate and reliable for testing a person’s breath to determine the concentration of alcohol in his breath;

      (b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and

      (c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.

      2.  [The] Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the concentration of alcohol in his breath is admissible in evidence in any [grand jury hearing, preliminary hearing] criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant; and

      (b) That the solution or gas has the chemical composition necessary for accurately calibrating it.

      3.  [The] Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the concentration of alcohol in his breath is admissible in evidence in any [grand jury hearing, preliminary hearing] criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the Committee on Testing for Intoxication;

      (c) That the calibration was performed within the period required by the Committee’s regulations; and

      (d) Upon completing the calibration of the device, it was operating properly.

 


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

ê2007 Statutes of Nevada, Page 397 (Chapter 127, SB 35)ê

 

      4.  [The] Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any [grand jury hearing, preliminary hearing] criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) The identity of the person from whom the affiant or declarant withdrew the sample;

      (c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and

      (d) The identity of the person to whom the affiant or declarant delivered it.

      5.  [The] Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance may be admitted in any [grand jury hearing, preliminary hearing] criminal or civil or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and

      (c) The identity of the person to whom the affiant or declarant delivered it.

      6.  If, at or before the time of trial, the defendant establishes that:

      (a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

      (b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,

Ê the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.

      7.  During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify to any information contained in the affidavit or declaration.

      8.  The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

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

      50.320  1.  The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

 


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

ê2007 Statutes of Nevada, Page 398 (Chapter 127, SB 35)ê

 

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

      (b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be,

Ê is admissible in the manner provided in this section.

      2.  An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.

      3.  The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecuting attorney may cause the person to testify to any information contained in the affidavit or declaration.

      4.  The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

      Sec. 4.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  If a person is charged with an offense listed in subsection 4, and it is necessary to prove:

      (a) The existence of any alcohol;

      (b) The quantity of a controlled substance; or

      (c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,

Ê the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing , [or] hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.

      2.  [The] If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

      (a) Made at least 10 days before the date set for the trial;

      (b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and

      (c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

      3.  The provisions of this section do not prohibit either party from producing any witness to offer testimony at [a preliminary hearing or hearing before a grand jury.] trial.

      4.  The provisions of this section apply to any of the following offenses:

      (a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.

      (b) An offense punishable pursuant to chapter 453, 484 or 488 of NRS.

 


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

ê2007 Statutes of Nevada, Page 399 (Chapter 127, SB 35)ê

 

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.

      (d) Any other offense for which it is necessary to prove, as an element of the offense:

             (1) The existence of any alcohol;

             (2) The quantity of a controlled substance; or

             (3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 128, SB 100

Senate Bill No. 100–Senator Carlton

 

CHAPTER 128

 

AN ACT relating to industrial insurance; requiring an insurer or third-party administrator who pays workers’ compensation to an employee or a dependent of an employee to deposit the compensation directly into the account of the employee or dependent under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the payment of compensation to an employee who is injured or killed during the course of employment or who is injured or killed after incurring an occupational disease. (Chapters 616A-617 of NRS)

      Section 1 of this bill authorizes an employee or a dependent of an employee who receives payments for workers’ compensation from an insurer or third-party administrator for a permanent total disability, death or a permanent partial disability to submit a written notice to the insurer or third-party administrator directing the insurer or third-party administrator to deposit the compensation directly into the employee’s or dependent’s account specified in the written notice. If so directed by the employee or dependent, section 1 requires the insurer or third-party administrator to deposit the compensation directly into that account.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each employee or dependent of an employee who receives compensation pursuant to chapters 616A to 616D, inclusive, or 617 of NRS for a permanent total disability, death or a permanent partial disability that was not paid in a lump sum pursuant to NRS 616C.495 may submit to the insurer or third-party administrator who pays the compensation a written notice directing the insurer or third-party administrator to deposit the compensation directly into the account of the employee or dependent specified by the employee or dependent in the written notice.

 


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

ê2007 Statutes of Nevada, Page 400 (Chapter 128, SB 100)ê

 

      2.  If an insurer or third-party administrator receives a written notice from an employee or dependent of an employee pursuant to subsection 1, the insurer or third-party administrator shall, in lieu of issuing a check, deposit the compensation paid by the insurer or third-party administrator directly into the account specified by the employee or dependent in the written notice.

      Sec. 2.  NRS 616C.205 is hereby amended to read as follows:

      616C.205  Except as otherwise provided in this section and NRS 31A.150 and 31A.330, compensation payable or paid under chapters 616A to 616D, inclusive, or chapter 617 of NRS, whether determined or due, or not [, is not,] :

      1.  Is not assignable before the issuance and delivery of the check [, assignable, is] or the deposit of any payment for compensation pursuant to section 1 of this act;

      2.  Is exempt from attachment, garnishment and execution [, and does] ; and

      3.  Does not pass to any other person by operation of law.

Ê In the case of the death of an injured employee covered by chapters 616A to 616D, inclusive, or chapter 617 of NRS from causes independent from the injury for which compensation is payable, any compensation due the employee which was awarded or accrued but for which a check was not issued or delivered or for which payment was not made pursuant to section 1 of this act at the date of death of the employee is payable to his dependents as defined in NRS 616C.505.

      Sec. 3.  NRS 616C.475 is hereby amended to read as follows:

      616C.475  1.  Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.

      3.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.

      4.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

      5.  Payments for a temporary total disability must cease when:

      (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;

      (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or

 


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

ê2007 Statutes of Nevada, Page 401 (Chapter 128, SB 100)ê

 

      (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.

      6.  Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability.

      7.  A certification of disability issued by a physician or chiropractor must:

      (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;

      (b) Specify whether the limitations or restrictions are permanent or temporary; and

      (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection 3 of NRS 616C.090.

      8.  If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify a position that:

      (a) Is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment and the hours he is required to work;

      (b) Provides a gross wage that is:

             (1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or

             (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury; and

      (c) Has the same employment benefits as the position of the employee at the time of his injury.

      Sec. 4.  This act becomes effective on January 1, 2008.

________

 


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

ê2007 Statutes of Nevada, Page 402ê

 

CHAPTER 129, SB 227

Senate Bill No. 227–Senator Heck (by request)

 

CHAPTER 129

 

AN ACT relating to dead human bodies; clarifying that the Nevada State Funeral Board may take disciplinary action for certain violations relating to dead human bodies; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows the Nevada State Funeral Board to take certain disciplinary action for “unprofessional conduct.” (NRS 642.470, 642.480) “Unprofessional conduct” includes, without limitation, conduct related to the handling, custody, care or transportation of dead human bodies. (NRS 642.480) This bill clarifies that such unprofessional conduct includes a violation of NRS 451.400. NRS 451.400 describes various reporting and delivery requirements concerning any dead human body which is unclaimed or which is required to be buried at public expense.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 642.480 is hereby amended to read as follows:

      642.480  For the purposes of NRS 642.470, unprofessional conduct includes:

      1.  Misrepresentation or fraud in the operation of a funeral establishment or the practice of a funeral director or person licensed to conduct direct cremations or immediate burials.

      2.  Solicitation of dead human bodies by the licensee or his agents, assistants or employees, whether the solicitation occurs after death or while death is impending, but this does not prohibit general advertising.

      3.  Employment by a holder of a permit to operate a funeral establishment or licensee of persons commonly known as “cappers,” “steerers” or “solicitors,” or of other persons to obtain funeral directing or embalming business.

      4.  Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part- or full-time or on commission, to call upon natural persons or institutions by whose influence dead human bodies may be turned over to a particular funeral director or embalmer.

      5.  The buying of business by a holder of a permit to operate a funeral establishment or a licensee or his agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the holder of a permit or a licensee or his agents, assistants or employees, to secure business.

      6.  Gross immorality.

      7.  Aiding or abetting an unlicensed person to practice funeral directing or embalming.

      8.  Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of.

 


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

ê2007 Statutes of Nevada, Page 403 (Chapter 129, SB 227)ê

 

      9.  Solicitation or acceptance by a holder of a permit to operate a funeral establishment or licensee of any commission, bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery.

      10.  Except as otherwise provided in this subsection, using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body. The provisions of this subsection do not prohibit the rental of the outer shell of a casket into which a removable insert containing a dead human body is placed for the purpose of viewing the body or for funeral services, or both, and which is later removed from the outer shell for cremation.

      11.  Violation of any provision of this chapter, any regulation adopted pursuant thereto or any order of the Board.

      12.  Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies [.] , including, without limitation, NRS 451.400.

      13.  Fraud or misrepresentation in obtaining a permit or license.

      14.  Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof.

      15.  Taking undue advantage of the patrons of a funeral establishment or being guilty of fraud or misrepresentation in the sale of merchandise to those patrons.

      16.  The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.

      17.  Habitual drunkenness or the unlawful use of a controlled substance.

________

 

CHAPTER 130, SB 302

Senate Bill No. 302–Senator Titus

 

CHAPTER 130

 

AN ACT relating to credit cards; prohibiting an issuer of a credit card from increasing the interest rate charged to the cardholder based upon a late payment by the cardholder to another creditor; providing that an issuer of a credit card may not prohibit a merchant from offering certain discounts; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law governs issuers of credit cards. (Chapter 97A of NRS) Section 2 of this bill prohibits an issuer from increasing the interest rate charged to a cardholder based upon the late payment by the cardholder to another issuer or creditor of the cardholder that is not an affiliate or subsidiary of the issuer or creditor. Section 2 also prohibits an issuer from including in a contract or agreement relating to a credit card account a provision which would allow the issuer to increase the interest rate for such a reason. Section 3 of this bill provides that an issuer may not prohibit merchants from offering certain discounts to a customer to induce the customer to pay by means other than a credit card or credit card account.

 


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

ê2007 Statutes of Nevada, Page 404 (Chapter 130, SB 302)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 97A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  An issuer shall not:

      (a) Increase the interest rate charged to a cardholder based upon the late payment by the cardholder to another issuer or creditor of the cardholder that is not an affiliate or subsidiary of the issuer or creditor; or

      (b) Include a universal default clause in a contract or agreement relating to a credit card account.

      2.  As used in this section:

      (a) “Affiliate or subsidiary of the issuer or creditor” means an affiliate or subsidiary that conducts business under a name which is:

             (1) The same as the name of the issuer or creditor; or

             (2) Sufficiently similar to the name of the issuer or creditor such that a reasonable cardholder would believe that he is conducting business with the issuer or creditor.

      (b) “Universal default clause” means any clause or provision which allows an issuer to increase the interest rate charged to a cardholder based upon the late payment by the cardholder to another issuer or creditor of the cardholder that is not an affiliate or subsidiary of the issuer or creditor.

      Sec. 3.  No issuer may, by contract or otherwise, prohibit a merchant from offering a discount to a customer to induce the customer to pay by cash, check or similar means rather than by use of a credit card or a credit card account for the purchase of goods or services.

________

 

CHAPTER 131, SB 306

Senate Bill No. 306–Senator Washington (by request)

 

CHAPTER 131

 

AN ACT relating to watercraft; prohibiting the operation of a motorboat that is equipped with an engine cut-off switch in excess of a certain rate of speed if the engine cut-off switch or engine cut-off switch link is missing, disconnected or not operating properly; prohibiting the operation of such a motorboat in excess of a certain rate of speed unless the engine cut-off switch link is attached to the body, clothing or personal flotation device of the operator; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 25, 2007]

 


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

ê2007 Statutes of Nevada, Page 405 (Chapter 131, SB 306)ê

 

Legislative Counsel’s Digest:

      Existing law governs the operation of motorboats and other vessels on the waters of this State. (Chapter 488 of NRS) Existing law also provides that any person who violates any of the provisions of chapter 488 of NRS is guilty of a misdemeanor. (NRS 488.950)

      This bill establishes safety standards for the operation of motorboats that are equipped with engine cut-off switches. An engine cut-off switch automatically stops the engine of a motorboat if the operator of the motorboat becomes separated from it. The engine cut-off switch is activated by a mechanical or wireless device which serves as a link between the operator and the engine cut-off switch. This bill prohibits a person who owns or controls a motorboat that is equipped with an engine cut-off switch from operating or authorizing another person to operate the motorboat at a rate of speed greater than 5 nautical miles per hour if the engine cut-off switch or engine cut-off switch link is missing, disconnected or not operating properly. This bill also prohibits any person from operating such a motorboat at a rate of speed greater than 5 nautical miles per hour unless the engine cut-off switch link is attached to his body, clothing or personal flotation device.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who owns or controls a motorboat that is equipped with an engine cut-off switch shall not operate or authorize another person to operate the motorboat at a rate of speed greater than 5 nautical miles per hour if the engine cut-off switch or engine cut-off switch link is missing, disconnected or not operating properly.

      2.  A person shall not operate a motorboat that is equipped with an engine cut-off switch at a rate of speed greater than 5 nautical miles per hour unless the engine cut-off switch link is attached to his body, clothing or personal flotation device.

      3.  As used in this section:

      (a) “Engine cut-off switch” means a switch that automatically stops the engine of a motorboat if activated by an engine cut-off switch link.

      (b) “Engine cut-off switch link” means a device that, if attached to an operator, activates an engine cut-off switch if the operator is separated from the motorboat. The term includes a lanyard or other mechanical device and a wireless cut-off device.

      (c) “Wireless cut-off device” means an engine cut-off switch link that transmits an electromagnetic signal to an engine cut-off switch.

________

 


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

ê2007 Statutes of Nevada, Page 406ê

 

CHAPTER 132, AB 181

Assembly Bill No. 181–Assemblyman Manendo (by request)

 

CHAPTER 132

 

AN ACT relating to motor vehicles; revising provisions concerning the survey of labor rates charged by body shops; requiring the Department of Motor Vehicles to allow on-line verification of a license of a body shop; requiring an operator of a body shop to complete the survey as a condition for renewal of his license; and providing other matters properly relating thereto.

 

[Approved: May 28, 2007]

 

Legislative Counsel’s Digest:

      Sections 2 and 8 of this bill transfer the duty to conduct an annual survey of rates charged by licensed body shops from the Commissioner of Insurance to the Department of Motor Vehicles. (NRS 690B.015) Section 2 further requires the Department to conduct the survey by providing an on-line form which must be completed and submitted electronically by the operator of each licensed body shop and made available to the public on the Department’s website not more than 30 days after the renewal of the body shop’s license. Section 3 of this bill requires the Department to compile the results of each survey in a report which must be made available to the public on-line. Section 4 of this bill requires the Department to provide a method by which a person may verify the license of a body shop on-line. Sections 6 and 7 of this bill require an operator of a body shop to complete the survey as a condition for the renewal of his license. (NRS 487.630)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  A body shop licensed in this State must complete an on-line survey within 60 days immediately preceding the date of the submission of the application for renewal of the license of the body shop.

      2.  The Department shall conduct the survey by providing a form on its website or other Internet site to be completed by each body shop and submitted electronically to the Department.

      3.  Each survey must include, without limitation:

      (a) The name and address of the body shop;

      (b) The labor rate charged by the body shop; and

      (c) Any other information the Department deems necessary.

      4.  The information obtained from each survey must be available to the public on-line not more than 30 days after the renewal of the body shop’s license.

      Sec. 3.  1.  The Department must compile the results of each survey completed pursuant to section 2 of this act in a report which must be made available to the public on-line. The report must include, without limitation:

      (a) The names and addresses of all body shops that complete the survey;

      (b) The prevailing labor rate for body shops in a specific geographic area as established by the Department; and

 


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

ê2007 Statutes of Nevada, Page 407 (Chapter 132, AB 181)ê

 

      (c) Any other information the Department deems necessary.

      2.  As used in this section, “prevailing labor rate” means the average labor rate reported in the survey in a specific geographic area.

      Sec. 4.  The Department shall provide a method on its website or other Internet site by which a person may verify the license of a body shop.

      Sec. 5.  NRS 487.600 is hereby amended to read as follows:

      487.600  As used in NRS [487.610] 487.600 to 487.690, inclusive, and sections 2, 3 and 4 of this act, “body shop” means any place where the body of a motor vehicle is painted, fixed, repaired or replaced for compensation.

      Sec. 6.  NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The application must include the social security number of the applicant and must be accompanied by such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.

      3.  Upon receipt of the application and the statement required pursuant to NRS 487.003 and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003; [and]

      (c) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal of a license, the survey required pursuant to section 2 of this act; and

      (d) The fee for renewal of a license provided in subsection 2.

      Sec. 7.  NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The application must be accompanied by such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.

 


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

ê2007 Statutes of Nevada, Page 408 (Chapter 132, AB 181)ê

 

      3.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department; [and]

      (b) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal of a license, the survey required pursuant to section 2 of this act; and

      (c) The fee for renewal of a license provided in subsection 2.

      Sec. 8.  NRS 690B.015 is hereby repealed.

      Sec. 9.  1.  This section and sections 1 to 6, inclusive, and 8 of this act become effective on July 1, 2007.

      2.  Section 6 of this act expires 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 the 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.  Section 7 of this act becomes 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 the 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.

________

 


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ê2007 Statutes of Nevada, Page 409ê

 

CHAPTER 133, SB 148

Senate Bill No. 148–Committee on Judiciary

 

CHAPTER 133

 

AN ACT relating to trusts; revising certain provisions of the Uniform Principal and Income Act (1997) governing the allocation of distributions from certain entities to principal and income; revising certain provisions governing disbursements made from principal and income; and providing other matters properly relating thereto.

 

[Approved: May 28, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a trustee must allocate to the principal of the trust money received in total or partial liquidation of certain entities. (NRS 164.825) Section 1 of this bill replaces this provision by requiring a trustee to allocate to principal money received in a distribution if the trustee determines that the distribution is a return of capital. To determine the extent to which money received in a distribution is a return of capital, the trustee may rely upon and determine the weight to be given to certain information and the trustee is not bound by a statement of the entity which made the distribution. If the trustee is in doubt about the portion of the distribution that is a return of capital, the trustee must allocate to income the amount the trustee believes is clearly not a return of capital and the trustee must allocate to principal any remaining amount.

      Under existing law, regular compensation for the services of a trustee and any person providing investment services to the trustee must be paid evenly out of the principal of the trust and the income from the trust. (NRS 164.900, 164.905) Sections 2 and 3 of this bill provide that the amount paid for regular compensation out of income must not exceed 5 percent of income for that portion of the accounting period on which the compensation is based.

      For example, under existing law, if regular compensation owed to a trustee is $20,000 for one year, $10,000 is paid out of principal and $10,000 is paid out of income, regardless of income for that year. Under the provisions of sections 2 and 3 of this bill, the amount of income for the year would first be determined. Assuming the amount of income for the year were $100,000 and the regular compensation owed to a trustee were $20,000, then $5,000 would be paid out of income and the remaining $15,000 would be paid out of principal. However, if the amount of income for the year were $200,000 instead of $100,000, then regular compensation would be paid evenly out of income and principal, as under existing law, because the amount paid out of income, $10,000, would not exceed the cap of 5 percent of income.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 164.825 is hereby amended to read as follows:

      164.825  1.  As used in this section, “entity” means a corporation, partnership, limited-liability company, regulated investment company, real estate investment trust, common trust fund or any other organization in which a trustee has an interest other than a trust or estate to which NRS 164.830 applies, a business or activity to which NRS 164.835 applies or an asset-backed security to which NRS 164.895 applies.

      2.  Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.

      3.  A trustee shall allocate the following receipts from an entity to principal:

 


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

ê2007 Statutes of Nevada, Page 410 (Chapter 133, SB 148)ê

 

      (a) Property other than money;

      (b) Money received in one distribution or a series of related distributions in exchange for part or all of a trust’s interest in the entity;

      (c) Money received in [total or partial liquidation of the entity;] a distribution if and to the extent that the trustee determines that the distribution is a return of capital; and

      (d) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

      4.  [Money is received in partial liquidation:

      (a) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

      (b) If the total amount of money and property received in a distribution or series of related distributions is greater than 20 percent of the entity’s gross assets, as shown by the entity’s year-end financial statements immediately preceding the initial receipt.

      5.  Money is not received in partial liquidation, nor may it be taken into account under paragraph (b) of subsection 4,] A trustee may determine that money is received as a return of capital if and to the extent that [it does not exceed] the money received exceeds the total amount of income tax that [a trustee or beneficiary] the beneficiaries must pay on their respective shares of the taxable income of the entity [that distributes the money.] and the trust must pay from income under NRS 164.810 to 164.925, inclusive, on its share of the taxable income of the entity. A trustee may determine that money which represents gain upon the sale or other disposition of property described in subsection 5 is a return of capital.

      5.  In determining if and to what extent a distribution is a return of capital, a trustee may rely upon and determine the weight to be given to any information concerning the source of the money from which the distribution is made which is reasonably available to the trustee, including, without limitation, information concerning:

      (a) The amount of the distribution in question compared to the amount of the entity’s regular, periodic distributions, if any, during the year in which the distribution is made and in prior years;

      (b) If the primary activity of the entity is not an investment activity described in paragraph (c), the amount of money the entity has received from the conduct of its normal business activities compared to the amount of money the entity has received from all other sources, including, without limitation:

             (1) The sale of all or part of a business conducted by the entity or by another entity in which it owns an interest, directly or indirectly, including, without limitation, money representing any gain realized on such a sale;

             (2) The sale of one or more business assets that are not sold to customers in the normal course of the entity’s business, including, without limitation, money representing any gain realized on such a sale; and

             (3) The sale of one or more investment assets, including, without limitation, money representing any gain realized on such a sale;

      (c) If the primary activity of the entity is to invest funds in another entity or in investment property that the entity owns directly for the purpose of realizing gain on the disposition of all or a part of such an investment, the amount of money that the entity has received from the sale of all or part of one or more of those investments, including, without limitation, money representing any gain realized on such a disposition;

 


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

ê2007 Statutes of Nevada, Page 411 (Chapter 133, SB 148)ê

 

the amount of money that the entity has received from the sale of all or part of one or more of those investments, including, without limitation, money representing any gain realized on such a disposition;

      (d) The amount of money the entity has accumulated, to the extent that the governing body of the entity has decided the money is no longer needed for the business or investment needs of the entity;

      (e) The amount of income tax, if any, that each beneficiary has paid on the undistributed income of the entity before the year of the distribution and the amount of income tax on the undistributed income of the entity that the trust has paid from the income or principal of the trust;

      (f) The amount of money the entity has borrowed, whether or not repayment of the loan is secured to any extent by one or more of the entity’s assets;

      (g) The amount of money the entity has received from the sources described in NRS 164.855, 164.870, 164.875 and 164.880; and

      (h) The amount of money the entity has received from a source not described in this subsection.

      6.  If a trustee is in doubt about the portion of a distribution that is a return of capital, the trustee shall resolve the doubt by allocating to income the amount, if any, the trustee believes is clearly not a return of capital and by allocating the balance of the distribution to principal.

      7.  A trustee may rely upon [a statement made] , without independent investigation, the financial statements of an entity and any other information provided by an entity about the [source of] character of a distribution or the source of funds from which the distribution is made if the [statement is made] information is provided at or near the time of distribution by the entity’s board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation’s board of directors. The trustee is not bound by any statement made or implied by the entity about the extent to which a distribution is or is not a return of capital. If the trustee receives additional information about the distribution after the trustee has decided the amount that is a return of capital, the trustee is not required to change that decision.

      Sec. 2.  NRS 164.900 is hereby amended to read as follows:

      164.900  A trustee shall make the following disbursements from income to the extent that they are not disbursements to which paragraph (b) or (c) of subsection 2 of NRS 164.800 applies:

      1.  One-half of the regular compensation of the trustee and of any person providing advisory or custodial services to the trustee concerning investment [;] , except that the amount of the disbursements from income made pursuant to this subsection must not exceed 5 percent of income for the portion of the accounting period on which such regular compensation is based;

      2.  One-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;

      3.  All the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and

 


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

ê2007 Statutes of Nevada, Page 412 (Chapter 133, SB 148)ê

 

      4.  Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.

      Sec. 3.  NRS 164.905 is hereby amended to read as follows:

      164.905  1.  A trustee shall make the following disbursements from principal:

      (a) The remaining [one-half] portion of the disbursements described in subsections 1 and 2 of NRS 164.900;

      (b) All the trustee’s compensation calculated on principal as a fee for acceptance, distribution or termination, and disbursements made to prepare property for sale;

      (c) Payments on the principal of a trust debt;

      (d) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

      (e) Premiums paid on a policy of insurance not described in subsection 4 of NRS 164.900 of which the trust is the owner and beneficiary;

      (f) Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and

      (g) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.

      2.  If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.

________

 

CHAPTER 134, SB 345

Senate Bill No. 345–Committee on Finance

 

CHAPTER 134

 

AN ACT making an appropriation to the Office of the Attorney General to replenish the balance in the tort claim fund; and providing other matters properly relating thereto.

 

[Approved: May 28, 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 Office of the Attorney General’s tort claim fund created pursuant to NRS 331.187 the sum of $4,255,865 to replenish the balance of the fund.

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

________

 


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

ê2007 Statutes of Nevada, Page 413ê

 

CHAPTER 135, AB 1

Assembly Bill No. 1–Assemblyman Marvel

 

CHAPTER 135

 

AN ACT relating to energy; providing that certain geothermal energy systems that reduce the consumption of electricity or any fossil fuel are energy efficiency measures for purposes of complying with the portfolio standards that are established by the Public Utilities Commission of Nevada for certain providers of electric service; revising the applicability of the portfolio standards with respect to certain providers of new electric resources; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      To encourage and accelerate the development of new renewable energy projects and to create successful markets for electricity generated by those projects, existing law requires the Public Utilities Commission of Nevada to establish portfolio standards for certain providers of electric service that require the providers to generate, acquire or save a certain amount of electricity each year from portfolio energy systems or efficiency measures. (NRS 704.7821) This bill provides that certain geothermal energy systems that reduce the consumption of electricity or any fossil fuel constitute energy efficiency measures for the purposes of complying with the portfolio standards. This bill also revises the applicability of the portfolio standards with respect to providers of new electric resources pursuant to chapter 704B of NRS.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 704.7802 is hereby amended to read as follows:

      704.7802  1.  “Energy efficiency measure” means any measure designed, intended or used to improve energy efficiency [if:] :

      (a) If:

            (1) The measure is installed on or after January 1, 2005, at the service location of a retail customer of a provider of electric service in this State;

      [(b)] (2) The measure reduces the consumption of energy by the retail customer; and

      [(c)] (3) The costs of the acquisition or installation of the measure are directly reimbursed, in whole or in part, by the provider of electric service [.] , or by a customer of a provider of new electric resources pursuant to chapter 704B of NRS; or

      (b) Which is a geothermal energy system for the provision of heated water to one or more customers and which reduces the consumption of electricity or any fossil fuel, regardless of when constructed.

      2.  The term does not include:

      (a) Any demand response measure or load limiting measure that shifts the consumption of energy by a retail customer from one period to another period.

 


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

ê2007 Statutes of Nevada, Page 414 (Chapter 135, AB 1)ê

 

      (b) Any solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity or any fossil fuel.

      Sec. 3.  NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard. The portfolio standard must require each provider to generate, acquire or save electricity from portfolio energy systems or efficiency measures in an amount that is:

      (a) For calendar years 2005 and 2006, not less than 6 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (b) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (c) For calendar years 2009 and 2010, not less than 12 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (d) For calendar years 2011 and 2012, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (e) For calendar years 2013 and 2014, not less than 18 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (f) For calendar year 2015 and for each calendar year thereafter, not less than 20 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      2.  [In] Except as otherwise provided in subsection 3, in addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

      (a) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.

      (b) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures. If the provider intends to use energy efficiency measures to comply with its portfolio standard during any calendar year, of the total amount of electricity saved from energy efficiency measures for which the provider seeks to obtain portfolio energy credits pursuant to this paragraph, at least 50 percent of that amount must be saved from energy efficiency measures installed at service locations of residential customers of the provider, unless a different percentage is approved by the Commission.

      (c) If the provider acquires or saves electricity from a portfolio energy system or efficiency measure pursuant to a renewable energy contract or energy efficiency contract with another party:

             (1) The term of the contract must be not less than 10 years, unless the other party agrees to a contract with a shorter term; and

             (2) The terms and conditions of the contract must be just and reasonable, as determined by the Commission. If the provider is a utility provider and the Commission approves the terms and conditions of the contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

 


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

ê2007 Statutes of Nevada, Page 415 (Chapter 135, AB 1)ê

 

contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

      3.  The provisions of paragraphs (b) and (c) of subsection 2 do not apply to a provider of new electric resources pursuant to chapter 704B of NRS with respect to its use of an energy efficiency measure that is financed by a customer, or which is a geothermal energy system for the provision of heated water to one or more customers and which reduces the consumption of electricity or any fossil fuel, except that, of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures.

      4.  If, for the benefit of one or more [of its] retail customers in this State, the provider , or the customer of a provider of new electric resources pursuant to chapter 704B of NRS, has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      [4.] 5.  The Commission shall adopt regulations that establish a system of portfolio energy credits that may be used by a provider to comply with its portfolio standard.

      [5.] 6.  Except as otherwise provided in subsection [6,] 7, each provider shall comply with its portfolio standard during each calendar year.

      [6.] 7.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of portfolio energy credits, the provider shall take actions to acquire or save electricity pursuant to one or more renewable energy contracts or energy efficiency contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.

      [7.] 8.  The Commission shall adopt regulations that establish:

      (a) Standards for the determination of just and reasonable terms and conditions for the renewable energy contracts and energy efficiency contracts that a provider must enter into to comply with its portfolio standard.

      (b) Methods to classify the financial impact of each long-term renewable energy contract and energy efficiency contract as an additional imputed debt of a utility provider. The regulations must allow the utility provider to propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider.

 


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

ê2007 Statutes of Nevada, Page 416 (Chapter 135, AB 1)ê

 

in the capital structure of the utility provider. In evaluating any proposal made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

      [8.] 9.  As used in this section:

      (a) “Energy efficiency contract” means a contract to attain energy savings from one or more energy efficiency measures owned, operated or controlled by other parties.

      (b) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      (c) “Terms and conditions” includes, without limitation, the price that a provider must pay to acquire electricity pursuant to a renewable energy contract or to attain energy savings pursuant to an energy efficiency contract.

      Sec. 4.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 136, AB 49

Assembly Bill No. 49–Assemblymen Conklin, Gerhardt and Denis

 

CHAPTER 136

 

AN ACT relating to juries; exempting certain persons from jury service; providing that certain primary caregivers may be temporarily excused from jury service; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises provisions of existing law which exempt certain persons from jury service by reinstating an exemption from jury service for any police officer which was repealed during the 72nd Session of the Nevada Legislature. (NRS 6.020; Chapter 255, Statutes of Nevada 2003, p. 1347) Section 3 of this bill provides a prospective expiration date for this exemption of July 1, 2011. Section 2 of this bill authorizes a court to temporarily excuse a juror from jury service if that juror is a primary caregiver of another person who has a documented medical condition which requires the assistance of another person at all times. (NRS 6.030)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 6.020 is hereby amended to read as follows:

      6.020  1.  Except as otherwise provided in subsections 2 and 3 and NRS 67.050, upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others, are exempt from service as grand or trial jurors:

      (a) While the Legislature is in session, any member of the Legislature or any employee of the Legislature or the Legislative Counsel Bureau; [and]

      (b) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471, inclusive [.] ; and

      (c) Any police officer as defined in NRS 617.135.

 


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

ê2007 Statutes of Nevada, Page 417 (Chapter 136, AB 49)ê

 

      2.  All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

      3.  A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

      Sec. 2.  NRS 6.030 is hereby amended to read as follows:

      6.030  1.  The court may at any time temporarily excuse any juror on account of:

      (a) Sickness or physical disability.

      (b) Serious illness or death of a member of his immediate family.

      (c) Undue hardship or extreme inconvenience.

      (d) Public necessity.

      2.  In addition to the reasons set forth in subsection 1, the court may at any time temporarily excuse a person who provides proof that he is the primary caregiver of another person who has a documented medical condition which requires the assistance of another person at all times.

      3.  A person temporarily excused shall appear for jury service as the court may direct.

      [2.] 4.  The court shall permanently excuse any person from service as a juror if he is incapable, by reason of a permanent physical or mental disability, of rendering satisfactory service as a juror. The court may require the prospective juror to submit a physician’s certificate concerning the nature and extent of the disability and the certifying physician may be required to testify concerning the disability when the court so directs.

      Sec. 3.  1.  This act becomes effective upon passage and approval.

      2.  The amendatory provisions of section 1 of this act expire by limitation on July 1, 2011.

________

 

CHAPTER 137, AB 76

Assembly Bill No. 76–Assemblywomen Gansert and Leslie

 

CHAPTER 137

 

AN ACT relating to motor vehicles; providing for a portion of the money in the Account for License Plates for the Support of the Education of Children in the Arts to be distributed to VSA arts of Nevada; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 


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

ê2007 Statutes of Nevada, Page 418 (Chapter 137, AB 76)ê

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles, in cooperation with the Nevada Arts Council, to design, prepare and issue license plates for the support of the education of children in the arts and to impose a fee for such license plates. (NRS 482.3792) The fees collected must be deposited in the Account for License Plates for the Support of the Education of Children in the Arts administered by the Nevada Arts Council. (NRS 233C.094) This bill provides that one-half of the money received from those special license plates, which must be deposited in the Account for License Plates for the Support of the Education of Children in the Arts, be distributed on a quarterly basis to VSA arts of Nevada.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233C.094 is hereby amended to read as follows:

      233C.094  1.  The Account for License Plates for the Support of the Education of Children in the Arts is hereby created in the State General Fund. The Division shall administer the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

      3.  The money in the Account must be used only for the support of programs for the education of children in the arts and must not be used to replace or supplant funding available from other sources.

      4.  The Division shall retain one-half of the money deposited in the Account to use pursuant to subsection 3. The Division shall remit quarterly one-half of the money deposited in the Account to VSA arts of Nevada to use pursuant to subsection 3. If VSA arts of Nevada ceases to exist, the Division shall retain all the money credited to the Account to use pursuant to subsection 3.

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

________

 

CHAPTER 138, AB 138

Assembly Bill No. 138–Committee on Government Affairs

 

CHAPTER 138

 

AN ACT relating to impact fees; expanding the purposes for which certain impact fees may be used; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a local government may impose an impact fee to pay for the cost of constructing or expanding the capacity of a capital improvement, including a fire station project or police station project that is necessitated by and attributable to new development. (NRS 278B.045, 278B.087, 278B.160) This bill expands the purposes for which an impact fee may be imposed for a fire station project or police station project to include facilities designed for a use related to the administration of a fire department or a police department, as applicable.

 


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

ê2007 Statutes of Nevada, Page 419 (Chapter 138, AB 138)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278B.045 is hereby amended to read as follows:

      278B.045  1.  “Fire station project” means [a facility for] one or more of the following portions of a fire station or a fire substation [. The term does not include:

      1.  A facility or portion of a facility that is designed for a use related to the administration of a fire department or any other use not directly related to fire fighting; or

      2.  Any] :

      (a) Office space used for the administration of the fire station or fire substation.

      (b) Storage areas.

      (c) Kitchen facilities.

      (d) Dormitories and locker rooms.

      (e) Restroom facilities.

      (f) Training or exercise facilities.

      (g) Briefing or conference facilities.

      (h) Facilities and such appurtenances necessary for housing and maintaining vehicles and equipment used for fire fighting or to provide emergency medical services.

      (i) A facility or portion of a facility that is required in order to comply with standards for occupational safety and health.

      (j) Parking areas for employees and the public.

      (k) Landscaping.

      (l) Utilities.

      2.  The term does not include [equipment, including, without limitation, vehicles, used for fire fighting.] :

      (a) A facility or portion of a facility that is used to replace services for the prevention or suppression of fire that were once provided elsewhere in the city or county.

      (b) Vehicles and equipment used for fire fighting or to provide emergency medical services.

      (c) A facility that is used for training firefighters from more than one fire station or fire substation.

      Sec. 2.  NRS 278B.087 is hereby amended to read as follows:

      278B.087  1.  “Police station project” means [a facility for] one or more of the following portions of a police station or a police substation [. The term does not include:

      1.  A facility or portion of a facility that is designed for a use related to the] :

      (a) Office space used for the administration of [a police department or any other use not directly related to the provision of police services, including, without limitation, the training of police officers; or

      2.  Any] the police station or police substation.

      (b) Storage areas.

      (c) Locker rooms.

      (d) Restroom facilities.

      (e) Training or exercise facilities.

      (f) Briefing or conference facilities.

      (g) Parking areas for employees and the public.

 


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

ê2007 Statutes of Nevada, Page 420 (Chapter 138, AB 138)ê

 

      (h) Landscaping.

      (i) Utilities.

      2.  The term does not include [equipment, including, without limitation, vehicles, used to provide police services.] :

      (a) A facility or portion of a facility that is used to replace police services that were once provided elsewhere in the city or county.

      (b) Vehicles and equipment used to provide police or administrative services.

      (c) A facility that is used for training police officers from more than one police station.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 139, AB 190

Assembly Bill No. 190–Committee on Judiciary

 

CHAPTER 139

 

AN ACT relating to criminal procedure; revising the provisions pertaining to the exoneration of a surety; revising the provisions relating to the submission by district attorneys of annual reports concerning certain criminal cases; repealing the requirement that reports concerning certain criminal cases be submitted to the Director of the Legislative Counsel Bureau; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a court may exonerate a surety before the date of a forfeiture under certain circumstances. (NRS 178.509) Section 1 of this bill requires a court that exonerates a surety in certain cases to prepare an order exonerating the surety and to forward a copy of the order to the Office of Court Administrator.

      Section 2 of this bill revises existing law to require the district attorney for each county to submit an annual report concerning certain cases to the Attorney General instead of the Supreme Court. (NRS 178.750)

      Section 3 of this bill repeals existing law which requires the Supreme Court to submit to the Director of the Legislative Counsel Bureau a report of the information concerning certain cases submitted to the Supreme Court by the district attorneys. (NRS 2.193)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 178.509 is hereby amended to read as follows:

      178.509  1.  If the defendant fails to appear when his presence in court is lawfully required, the court shall not exonerate the surety before the date of forfeiture prescribed in NRS 178.508 unless:

      (a) The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or

 


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

ê2007 Statutes of Nevada, Page 421 (Chapter 139, AB 190)ê

 

      (b) The surety submits an application for exoneration on the ground that the defendant is unable to appear because the defendant:

             (1) Is dead;

             (2) Is ill;

             (3) Is insane;

             (4) Is being detained by civil or military authorities; or

             (5) Has been deported,

Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.

      2.  If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.

      3.  If the court exonerates a surety pursuant to this section and there is any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall:

      (a) Prepare an order exonerating the surety; and

      (b) Forward a copy of the order to the Office of Court Administrator.

      Sec. 2.  NRS 178.750 is hereby amended to read as follows:

      178.750  1.  The district attorney for each county shall prepare and submit a report , on a form approved by the Attorney General, to the [Supreme Court] Attorney General not later than February 1 of each year concerning each case filed during the previous calendar year that included a charge for murder or voluntary manslaughter. The district attorney shall exclude from the report any charge for manslaughter that resulted from a death in an accident or collision involving a motor vehicle.

      2.  The report required pursuant to subsection 1 must include, without limitation:

      (a) The age, gender and race of the defendant;

      (b) The age, gender and race of any codefendant or other person charged or suspected of having participated in the homicide and in any alleged related offense;

      (c) The age, gender and race of the victim of the homicide and any alleged related offense;

      (d) The date of the homicide and of any alleged related offense;

      (e) The date of filing of the information or indictment;

      (f) The name of each court in which the case was prosecuted;

      (g) Whether or not the prosecutor filed a notice of intent to seek the death penalty and, if so, when the prosecutor filed the notice;

      (h) The final disposition of the case and whether or not the case was tried before a jury;

      (i) The race, ethnicity and gender of each member of the jury, if the case was tried by a jury; and

      (j) The identity of:

             (1) Each prosecuting attorney who participated in the decision to file the initial charges against the defendant;

             (2) Each prosecuting attorney who participated in the decision to offer or accept a plea, if applicable;

             (3) Each prosecuting attorney who participated in the decision to seek the death penalty, if applicable; and

 


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

ê2007 Statutes of Nevada, Page 422 (Chapter 139, AB 190)ê

 

             (4) Each person outside the office of the district attorney who was consulted in determining whether to seek the death penalty or to accept or reject a plea, if any.

      3.  If all the information required pursuant to subsection 1 cannot be provided because the case is still in progress, an additional report must be filed with the [Supreme Court] Attorney General each time a subsequent report is filed until all the information, to the extent available, has been provided.

      Sec. 3.  NRS 2.193 is hereby repealed.

      Sec. 4.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 140, AB 298

Assembly Bill No. 298–Assemblymen Ohrenschall, Horne, Claborn, Smith, Conklin, Denis, Gerhardt, Kihuen, Koivisto, Manendo, Munford and Segerblom (by request)

 

CHAPTER 140

 

AN ACT relating to peace officers; prohibiting the suspension without pay of a peace officer in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes each agency in this State that employs peace officers to investigate a peace officer in response to a complaint or allegation that the peace officer engaged in activities which could result in punitive action and sets forth procedures for such investigations. (NRS 289.057, 289.060, 289.070, 289.080) Such procedures do not apply to an investigation concerning alleged criminal activity. (NRS 289.090) This bill prohibits a law enforcement agency from suspending a peace officer without pay during or pursuant to an investigation in response to a complaint or allegation which does not involve criminal activity until all investigations relating to the matter have concluded.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 289.057 is hereby amended to read as follows:

      289.057  1.  An investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action.

      2.  A law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

      3.  After the conclusion of the investigation:

      (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

 


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

ê2007 Statutes of Nevada, Page 423 (Chapter 140, AB 298)ê

 

peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

      (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

      Sec. 2.  The amendatory provisions of this act do not apply to the investigation of a peace officer which is pending on July 1, 2007.

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

________

 

CHAPTER 141, AB 311

Assembly Bill No. 311–Assemblymen Hardy, Gansert, Beers, Parks, Cobb, Denis, Goedhart, Mabey, Marvel, McClain, Settelmeyer, Stewart and Weber

 

Joint Sponsors: Senators Care and Heck

 

CHAPTER 141

 

AN ACT relating to motor vehicles; prohibiting certain fees from being charged for the storage of a motor vehicle in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits a tow car operator from charging an owner of a motor vehicle any administrative or processing fee for the period ending 14 days after the date on which the motor vehicle was placed in storage. (NRS 706.4479) This bill expands existing law and provides that an operator shall not impose any fees for the storage of a vehicle for a period longer than 21 days after placing the motor vehicle in storage if the vehicle was towed at the request of a law enforcement officer following an accident involving the vehicle or for a period longer than 15 days after placing any other motor vehicle in storage, unless the operator makes a reasonable attempt to ascertain the identity of the owner of the vehicle and provide notification by certified mail that the vehicle has been towed and stored.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.4479 is hereby amended to read as follows:

      706.4479  1.  If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

 


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

ê2007 Statutes of Nevada, Page 424 (Chapter 141, AB 311)ê

 

      (a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:

             (1) Of the location where the motor vehicle is being stored;

             (2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

             (3) Of the charge for towing and storage; and

             (4) Of the date and time the vehicle was placed in storage.

      (b) If the identity of the registered and legal [owners] owner is not known or readily available, [request the] make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the [Department.] agency charged with the registration of the motor vehicle in this State or any other state within:

            (1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

             (2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than [:

             (1) Twenty-one days after identification of the owner is obtained if the motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

             (2) Fifteen] 15 days after identification of the owner is obtained for any [other] motor vehicle.

      [(c) Use all resources reasonably necessary to ascertain the name of the owner of a vehicle and is responsible for making an independent inquiry and correct notification of the owner.]

      2.  [If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle, the operator shall not impose any administrative or processing fee or charge with respect to the vehicle for the period ending 14 days after the date on which the motor vehicle was placed in storage.] If an operator includes in his tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

      (a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

      (b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

      Sec. 2.  This act becomes effective on January 1, 2008.

________

 


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

ê2007 Statutes of Nevada, Page 425ê

 

CHAPTER 142, AB 313

Assembly Bill No. 313–Assemblyman Oceguera

 

CHAPTER 142

 

AN ACT relating to education; requiring the Department of Education to establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving licensed teachers and other licensed educational personnel; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Board of Education may, upon certain grounds, suspend or revoke the license of a teacher and other educational personnel. (NRS 391.330) Existing law also sets forth the process for the suspension or revocation of such a license. (NRS 391.320-391.361)

      This bill requires the Department of Education to adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving persons who are licensed pursuant to chapter 391 of NRS. Under the procedure, each school district and each charter school is required to notify the Department of the arrest of a person who is licensed pursuant to chapter 391 of NRS if: (1) the act for which the licensee is arrested may be a ground for the suspension or revocation of the person’s license; and (2) the school district or charter school has knowledge of that arrest. Upon receipt of such notice, the Department is required to prepare a separate file for the documentation and monitoring of the status of the case involving the licensee. If the case is referred to the State Board for its review and the State Board determines that there is not sufficient evidence to suspend or revoke the license, the file maintained by the Department and any related documents must not be made a part of the licensee’s permanent employment record. This bill also provides immunity from civil or criminal liability for persons who make reports or provide notice concerning a person who is licensed pursuant to chapter 391 of NRS and who is arrested.

 

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 to 5, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 5, inclusive, of this act, “arrest” has the meaning ascribed to it in NRS 171.104.

      Sec. 3.  1.  The Department shall adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving persons who are licensed pursuant to chapter 391 of NRS. The procedure must include, without limitation:

      (a) A method by which the superintendent of schools of a school district and the administrative head of a charter school must notify the Department in a timely manner of the arrest of a person who is licensed pursuant to chapter 391 of NRS if:

             (1) The act for which the licensee is arrested:

                   (I) May be a ground for the suspension or revocation of the person’s license pursuant to NRS 391.330; and

                   (II) Is not excluded by the Department from the notification requirements of this section; and

 


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ê2007 Statutes of Nevada, Page 426 (Chapter 142, AB 313)ê

 

             (2) The school district or charter school has knowledge of that arrest.

      (b) A method by which the superintendent of schools of a school district and the administrative head of a charter school must notify the Department in a timely manner of:

             (1) Each action, if any, taken against the licensee by the school district or charter school after the arrest; and

             (2) The conviction of the licensee, if he is convicted of the act for which he was arrested.

      (c) The steps that the Department must follow in response to the receipt of notice pursuant to this section, including, without limitation, the preparation of a separate file on the licensee for the documentation and monitoring of the status of the case.

      2.  Each file that is maintained on a licensee pursuant to subsection 1 must include, without limitation:

      (a) The date on which the person was arrested and the date on which the Department received notice of the arrest from the school district or charter school;

      (b) The reason why the licensee was arrested;

      (c) The steps taken by the Department in response to all notices received by the Department from a school district or charter school pursuant to subsection 1;

      (d) An indication whether the case was referred to the Attorney General’s office for review and the date of the referral, if any;

      (e) An indication whether the Superintendent of Public Instruction has presented the case to the State Board for action and the type of action recommended by the Superintendent, if any;

      (f) A description of any action taken by the State Board against the licensee and the reason for that action, or if no action is taken by the State Board, the reason for the inaction; and

      (g) The final resolution of the case and the date of resolution.

      3.  If the Department receives notice of a conviction of a licensee and the conviction is for an act which is a ground for the suspension or revocation of a license, the Superintendent of Public Instruction shall immediately recommend that the State Board proceed in accordance with the provisions of NRS 391.320 to 391.361, inclusive.

      4.  If the Department maintains a file on a licensee pursuant to this section and the State Board determines that there is not sufficient evidence to suspend or revoke the license, the file and any related documents must not be made a part of that licensee’s permanent employment record.

      Sec. 4.  The superintendent of schools of each school district and the administrative head of each charter school shall submit all information required by the Department pursuant to section 3 of this act within the time prescribed by the Department.

      Sec. 5.  Immunity from civil or criminal liability extends to every person who, pursuant to sections 2, 3 and 4 of this act, in good faith:

      1.  Participates in the making of a report;

      2.  Causes or conducts an investigation of a person who is licensed pursuant to chapter 391 of NRS and who is arrested; or

      3.  Submits information to the Department concerning a person who is licensed pursuant to chapter 391 of NRS and who is arrested.

 


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ê2007 Statutes of Nevada, Page 427 (Chapter 142, AB 313)ê

 

      Sec. 6.  NRS 391.322 is hereby amended to read as follows:

      391.322  1.  If the board of trustees of a school district or the Superintendent of Public Instruction or his designee submits a recommendation to the State Board for the suspension or revocation of a license issued pursuant to this chapter, the State Board shall give written notice of the recommendation to the person to whom the license has been issued.

      2.  A notice given pursuant to subsection 1 must contain:

      (a) A statement of the charge upon which the recommendation is based;

      (b) A copy of the recommendation received by the State Board;

      (c) A statement that the licensee is entitled to a hearing before a hearing officer if the licensee makes a written request for the hearing as provided by subsection 3; and

      (d) A statement that the grounds and procedure for the suspension or revocation of a license are set forth in NRS 391.320 to 391.361, inclusive.

      3.  A licensee to whom notice has been given pursuant to this section may request a hearing before a hearing officer selected pursuant to subsection 4. Such a request must be in writing and must be filed with the Superintendent of Public Instruction within 15 days after receipt of the notice by the licensee.

      4.  Upon receipt of a request filed pursuant to subsection 3, the Superintendent of Public Instruction shall request from the Hearings Division of the Department of Administration a list of potential hearing officers. The licensee requesting a hearing and the Superintendent of Public Instruction shall select a person to serve as hearing officer from the list provided by the Hearings Division of the Department of Administration by alternately striking one name until the name of only one hearing officer remains. The Superintendent of Public Instruction shall strike the first name.

      5.  [If] Except as otherwise provided in subsection 6, if no request for a hearing is filed within the time specified in subsection 3, the State Board may suspend or revoke the license or take no action on the recommendation.

      6.  If the Department receives notice of a conviction of a licensee and the conviction is for an act which is a ground for the suspension or revocation of a license, the State Board shall immediately process the recommendation in accordance with the provisions of NRS 391.320 to 391.361, inclusive. If no request for a hearing is filed within the time specified in subsection 3, the State Board may accept, reject or modify the recommendation.

      Sec. 7.  On or before December 1, 2007, the Department of Education shall submit a written report to the Legislative Committee on Education that includes a description of the procedure established by the Department pursuant to section 3 of this act for the notification, tracking and monitoring of the status of criminal cases involving persons who are licensed pursuant to chapter 391 of NRS.

      Sec. 8.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 428ê

 

CHAPTER 143, AB 344

Assembly Bill No. 344–Assemblyman Oceguera

 

CHAPTER 143

 

AN ACT relating to crimes; prohibiting a person from intentionally making certain false or misleading statements to activate the Statewide Alert System for the Safe Return of Abducted Children; revising the membership of the Committee for the Statewide Alert System; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill makes it a category E felony to intentionally or knowingly make a false or misleading statement for the purpose of activating the Statewide Alert System for the Safe Return of Abducted Children. Section 2 of this bill increases the membership of the Committee for the Statewide Alert System from 12 members to 15 members. The three new members of the Committee will consist of a representative of the Department of Transportation, the Advocate for Missing or Exploited Children and a representative of the public at large appointed by the Governor from among at least three nominees recommended to the Governor by the other members of the Committee. (NRS 432.350)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who intentionally makes any false or misleading statement, including, without limitation, any statement that conceals facts, omits facts or contains false or misleading information concerning any material fact, to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Department of Public Safety to cause the System to be activated is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  The Attorney General or the district attorney of the county in which a person made a false or misleading statement may investigate and prosecute any violation of the provisions of this section.

      3.  As used in this section, “System” means the Statewide Alert System for the Safe Return of Abducted Children created by NRS 432.340.

      Sec. 2.  NRS 432.350 is hereby amended to read as follows:

      432.350  1.  There is hereby created the Committee for the Statewide Alert System consisting of [12] 15 members as follows:

      (a) Five members appointed by the Governor who represent local law enforcement agencies;

      (b) Five members appointed by the Governor who represent state law enforcement agencies;

      (c) One representative of this state’s Emergency Alert System, appointed by the Nevada Broadcasters Association or its successor; [and]

      (d) One representative of the Nevada Broadcasters Association or its successor, appointed by that Association [.] ;

 


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ê2007 Statutes of Nevada, Page 429 (Chapter 143, AB 344)ê

 

      (e) One representative of the Department of Transportation, appointed by the Director of the Department of Transportation;

      (f) The Advocate for Missing or Exploited Children, appointed pursuant to NRS 432.157; and

      (g) One representative of the public at large, appointed by the Governor from among the names of nominees provided to him pursuant to subsection 5.

      2.  The Governor shall select a Chairman and Vice Chairman of the Committee.

      3.  After the initial terms, each member of the Committee serves a term of 3 years . [,commencing on July 1 of each odd numbered year.] A vacancy on the Committee must be filled in the same manner as the original appointment.

      4.  Members of the Committee serve without salary or compensation for their travel or per diem expenses.

      5.  The Committee shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (g) of subsection 1, or within 30 days after such a position on the Committee becomes vacant, submit to the Governor the names of at least three persons qualified for membership on the Committee pursuant to paragraph (g) of subsection 1. The Governor shall appoint a new member or fill the vacancy from the list, or request a new list. The Governor may appoint any qualified person who is a resident of this State to the position described in paragraph (g) of subsection 1.

      Sec. 3.  1.  As soon as practicable after the effective date of this act, the Committee for the Statewide Alert System shall submit to the Governor the names of at least three persons qualified for membership on the Committee pursuant to paragraph (g) of subsection 1 of NRS 432.350.

      2.  On or before July 1, 2007:

      (a) The Director of the Department of Transportation shall appoint one member to the Committee for the Statewide Alert System pursuant to paragraph (e) of subsection 1 of NRS 432.350 to a term commencing on July 1, 2007, and expiring on June 30, 2009.

      (b) The Attorney General shall appoint the Advocate for Missing and Exploited Children to the Committee for the Statewide Alert System to a term commencing on July 1, 2007, and expiring on June 30, 2009.

      (c) The Attorney General shall appoint one member to the Committee for the Statewide Alert System pursuant to paragraph (g) of subsection 1 of NRS 432.350 appointed from among the persons recommended to the Governor pursuant to subsection 2 to a term commencing on July 1, 2007, and expiring on June 30, 2010.

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

________

 


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ê2007 Statutes of Nevada, Page 430ê

 

CHAPTER 144, AB 350

Assembly Bill No. 350–Assemblywoman Smith

 

Joint Sponsor: Senator Mathews

 

CHAPTER 144

 

AN ACT relating to cooperative agreements; revising provisions relating to certain cooperative agreements entered into by housing authorities; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, state and local governmental agencies in this State, including a housing authority, may enter into cooperative agreements with public agencies of other states or the Federal Government for the purchase of certain insurance or the establishment of a self-insurance reserve or fund for certain coverage. (NRS 277.055) This bill authorizes a housing authority that is a party to such an agreement with one or more housing authorities that are agencies of another state or the Federal Government to be obligated to pledge revenues or contribute money to secure the obligations of or to pay the expenses of the cooperative undertaking. This bill also authorizes such an agreement to provide for the establishment of a separate entity to administer the cooperative undertaking, the powers of which may include the authority to issue bonds and notes under state law. The authority provided in this bill to housing authorities that enter into an interstate agreement with other housing authorities concerning insurance is the same authority that is granted to state and local governmental agencies in this State which enter into an intrastate cooperative agreement concerning insurance. (NRS 277.067, 277.069, 277.0695)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An agreement entered into pursuant to NRS 277.055 by a housing authority created pursuant to chapter 315 of NRS, including, without limitation, the Nevada Rural Housing Authority, with a housing authority that is a political subdivision of another state or an agency of the United States may obligate the respective parties to such an agreement to pledge revenues or contribute money to secure the obligations or pay the expenses of the cooperative undertaking and may provide for the establishment of a separate entity to administer the undertaking.

      2.  Except as otherwise provided in subsections 3 and 4, any party to an agreement described in subsection 1, or any entity established by such an agreement, may:

      (a) Obligate itself to contribute money for:

             (1) The purchase of insurance;

             (2) The establishment of a reserve fund or other fund for coverage;

             (3) The payment of any debt; or

             (4) Any other purpose related to the agreement;

      (b) Borrow money for any such purpose;

      (c) Issue notes and bonds evidencing the borrowing; and

      (d) Secure payment of the notes and bonds by a pledge of revenues.

 


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ê2007 Statutes of Nevada, Page 431 (Chapter 144, AB 350)ê

 

      3.  Except as otherwise provided in subsection 4, any obligation to contribute money that is undertaken pursuant to an agreement described in subsection 1:

      (a) Is binding notwithstanding that it is intended to remain in force beyond the current budget year or the terms of office of the present members of the governing body of the obligor.

      (b) If undertaken to pay any debt, must not remain in force for more than 30 years after the date on which the debt was incurred.

      (c) If undertaken to pay claims and administrative expenses, must not remain in force for more than 10 years, except with respect to claims arising from events that occur during the period the obligation is in force.

      4.  Except for a pledge of revenues or an obligation to contribute money that pledges revenues or that otherwise commits money derived from a source other than taxation, any pledge or obligation which is made or undertaken pursuant to an agreement described in subsection 1 by a housing authority created in this State must not remain in force after the end of the biennium in which it is made or undertaken.

      5.  Any pledge of revenues made by a housing authority created in this State or a separate entity pursuant to an agreement described in subsection 1 is valid and binding from the time when the pledge is made. The revenues, money or property so pledged and thereafter received by the housing authority or separate entity are immediately subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the housing authority or separate entity, whether or not such persons have notice thereof. Neither the proceedings of the housing authority or separate entity relating to the bonds or notes issued pursuant to this section nor any other instrument by which such a pledge is created need be recorded.

      6.  This section constitutes full authority for the exercise of the powers granted in this section. Any other act or law which relates to the authorization or issuance of securities and which provides for an election does not apply to any proceedings taken or acts done pursuant to this section.

      7.  An issuance of bonds or notes, pledge of revenues, or obligation to contribute money that is made or undertaken pursuant to this section shall be deemed not to create indebtedness for the purposes of any limitation on indebtedness contained in any general or special law.

      8.  Except as otherwise provided in this section, the issuance of any bonds or notes pursuant to this section must be made in accordance with:

      (a) NRS 315.140 to 315.780, inclusive, if the bonds or notes are issued by:

             (1) An authority, as that term is defined in NRS 315.170; or

             (2) An entity established pursuant to an agreement described in subsection 1 on behalf of such an authority; or

      (b) NRS 315.9986 to 315.99874, inclusive, if the bonds or notes are issued by:

 


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ê2007 Statutes of Nevada, Page 432 (Chapter 144, AB 350)ê

 

             (1) The Nevada Rural Housing Authority created pursuant to NRS 315.977; or

             (2) An entity established pursuant to an agreement described in subsection 1 on behalf of the Nevada Rural Housing Authority.

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

________

 

CHAPTER 145, AB 415

Assembly Bill No. 415–Assemblymen Hardy, Beers, Marvel, Settelmeyer and Stewart

 

CHAPTER 145

 

AN ACT relating to local governmental finances; authorizing the financing of projects by a local government through the issuance of commercial paper; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the issuance of various types of municipal securities pursuant to the Local Government Securities Law. (NRS 350.500-350.720) Section 3 of this bill amends the Local Government Securities Law to authorize, under certain conditions, the issuance of any of those municipal securities in the form of commercial paper, which is a type of short-term borrowing instrument, and the use of that commercial paper in a manner similar to a short-term revolving line of credit. Sections 2 and 3 of this bill clarify the circumstances under which the governing body of a municipality may designate an agent to sign contracts for the purchase of municipal securities, accept binding bids for municipal securities or fix the rates of interest of municipal securities.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.014 is hereby amended to read as follows:

      350.014  1.  Before any proposal to incur a general obligation debt or levy a special elective tax may be submitted to the electors of a municipality, before any issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020, before entering into an installment-purchase agreement with a term of more than 10 years or, before any other formal action may be taken preliminary to the incurrence of any general obligation debt, the proposed incurrence or levy must receive the favorable vote of two-thirds of the members of the commission of each county in which the municipality is situated.

      2.  Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS whose population within its boundaries is less than 5,000 incurs a medium-term obligation or otherwise borrows money or issues securities to evidence such borrowing, other than securities representing a general obligation debt or installment-purchase agreements with a term of 10 years or less, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the commission of each county in which the district is situated.

 


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ê2007 Statutes of Nevada, Page 433 (Chapter 145, AB 415)ê

 

      3.  When any municipality other than a general improvement district whose population within its boundaries is less than 5,000 issues any special obligations, it shall so notify in its annual report the commission of each county in which any of its territory is situated.

      4.  The commission shall not approve any proposal submitted to it pursuant to this section by a municipality:

      (a) Which, if the proposal is for the financing of a capital improvement, is not included in its plan for capital improvement submitted pursuant to NRS 350.013, if such a plan is required to be submitted;

      (b) If, based upon:

             (1) Estimates of the amount of tax revenue from property taxes needed for the special elective tax, or to repay the general obligation debt, and the dates that revenue will be needed, as provided by the municipality;

             (2) Estimates of the assessed valuation of the municipality for each of the years in which tax revenue is needed, as provided by the municipality;

             (3) The amount of any other required levies of property taxes, as shown on the most recently filed final budgets of each entity authorized to levy property taxes on any property within the municipality submitting the proposal; and

             (4) Any other factor the municipality discloses to the commission,

Ê the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453, unless the proposal also includes an agreement which complies with NRS 361.457 and which is approved by the governing bodies of all affected municipalities within the area as to how the combined property tax rates will be brought into compliance with the statutory limitation or unless the commission adopts a plan that is approved by the Executive Director of the Department of Taxation pursuant to which the combined property tax rate will be in compliance with the statutory limitation; or

      (c) If, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b), the proposal will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:

             (1) The proposal includes a resolution approving the proposal pursuant to subsection 3 of NRS 350.0135 from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or

             (2) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to NRS 350.0135.

      5.  Except as otherwise provided in subsection 6 [,] or in paragraph (b) of subsection 3 of NRS 350.583, if general obligation debt is to be incurred more than 36 months after the approval of that debt by the commission, the governing body of the municipality shall obtain additional approval of the commission before incurring the general obligation debt. The commission shall only approve a proposal that is submitted pursuant to this subsection if, based on the information set forth in paragraph (b) of subsection 4 that is accurate as of the date on which the governing body submits, pursuant to this subsection, its request for approval to the commission:

 


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ê2007 Statutes of Nevada, Page 434 (Chapter 145, AB 415)ê

 

      (a) Incurrence of the general obligation debt will not result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453;

      (b) The proposal includes an agreement approved by the governing bodies of all affected municipalities within the area as to how the combined tax rates will be brought into compliance with the statutory limitation; or

      (c) The commission adopts a plan that is approved by the Executive Director of the Department of Taxation pursuant to which the combined property tax rate will be in compliance with the statutory limitation.

Ê The approval of the commission pursuant to this subsection is effective for 18 months. The governing body of the municipality may renew that approval for successive periods of 18 months by filing an application for renewal with the commission. Such an application must be accompanied by the information set forth in paragraph (b) of subsection 4 that is accurate as of the date the governing body files the application for renewal.

      6.  The commission may not approve a proposal pursuant to subsection 5 which, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b) of subsection 4, will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:

      (a) The proposal includes a resolution approving the proposal pursuant to subsection 3 of NRS 350.0135 from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or

      (b) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to NRS 350.0135.

      7.  As used in this section, “affected governmental entity” has the meaning ascribed to it in subsection 9 of NRS 350.0135.

      Sec. 2.  NRS 350.165 is hereby amended to read as follows:

      350.165  1.  The governing body of a municipality may, before any sale of bonds, whether by competitive bid or negotiated sale, delegate to the chief administrative officer or chief financial officer of the municipality or, if the bonds consist of any securities to which subsection 1 of NRS 350.583 applies, a designated agent, the authority to sign a contract for the purchase of the bonds or to accept a binding bid for the bonds subject to the requirements specified by the governing body concerning:

      (a) The rate of interest on the bonds;

      (b) The dates on which and the prices at which the bonds may be called for redemption before maturity;

      (c) The price at which the bonds will be sold; and

      (d) The principal amount of the bonds and the amount of principal maturing in any particular year.

      2.  All terms of the bonds other than:

      (a) The rate of interest;

      (b) The dates and prices for the redemption of the bonds;

      (c) The price for the sale of the bonds;

      (d) The principal amount of the bonds; and

      (e) The requirements for the principal maturing in particular years,

Ê must be approved by the governing body of the municipality before the bonds are delivered.

 


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ê2007 Statutes of Nevada, Page 435 (Chapter 145, AB 415)ê

 

      3.  The final rate of interest, dates and prices of redemption, price for the sale of the bonds, principal amount and the requirements for the principal amount maturing in particular years are not required to be approved by the governing body of the municipality if each of those terms complies with the requirements specified by the governing body before the contract for the purchase of the bonds is signed or the bid for the bonds is accepted.

      Sec. 3.  NRS 350.583 is hereby amended to read as follows:

      350.583  1.  The ordinance or resolution authorizing the issuance of any municipal securities that bear interest at a variable rate or any securities described in subsection 3, or any trust indenture or other instrument appertaining thereto , may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent according to the procedure specified in that ordinance or other instrument [.] , which procedure must include the parameters within which the rate may be fixed by that agent. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. A governing body of a municipality may contract with or select any person to make that determination.

      2.  A governing body of a municipality may enter into an agreement with a third party for an assurance of payment of the principal of, the interest on, or premiums, if any, due in connection with any municipal securities issued by the governing body. The obligation of the governing body to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the ordinance or resolution authorizing the issuance of those securities or any other instrument appertaining thereto. The governing body may assign its rights under that agreement.

      3.  A municipality may, in accordance with the provisions of this subsection, issue any securities it is otherwise authorized to issue as commercial paper to fund the cost of any project or to refinance any commercial paper or other securities previously issued by that municipality. The term of any commercial paper issued pursuant to this subsection must not exceed 270 days. An agent may be appointed to fix the rates of interest and maturity dates for the commercial paper. Any commercial paper issued pursuant to this subsection may be refunded by any other commercial paper or other securities as may be specified in the ordinance or resolution authorizing the issuance of the commercial paper and the program under which the commercial paper is issued, without any further action by the governing body of the municipality or any other governmental entity, subject to the limitations provided in this section and any limitations provided in that ordinance or resolution. The ordinance or resolution authorizing the issuance of the commercial paper and the program under which the commercial paper is issued:

      (a) Must state the maximum principal amount of commercial paper that may be outstanding at any time; and

      (b) Except as otherwise provided in this paragraph, may provide that any amount of the commercial paper which is issued and subsequently retired and repaid, other than through a refunding with commercial paper issued under the same program, may be reissued in an amount that does not exceed the amount previously issued, without any reauthorization of those obligations, if the proceeds of that reissued commercial paper are used only for the purposes specified in that ordinance or resolution.

 


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ê2007 Statutes of Nevada, Page 436 (Chapter 145, AB 415)ê

 

those obligations, if the proceeds of that reissued commercial paper are used only for the purposes specified in that ordinance or resolution. The authority granted pursuant to this paragraph may be exercised under a program for the issuance of commercial paper that comprises a general obligation of the municipality only if:

             (1) The municipality indicates an intention to exercise that authority in the proposal to incur that general obligation debt which it submits to the debt management commission;

             (2) The maximum principal amount of commercial paper which is authorized to be outstanding is counted against any applicable debt limit of the municipality; and

             (3) The program terminates:

                   (I) Within 6 years, if the commercial paper comprises a general obligation of the municipality; or

                   (II) Within 10 years, if the commercial paper comprises a special obligation of the municipality.

      Sec. 4.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 146, SB 72

Senate Bill No. 72–Senators Care and Amodei

 

CHAPTER 146

 

AN ACT relating to business entities; adopting the Uniform Limited Partnership Act (2001) and providing for its applicability on a voluntary basis; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      The Uniform Limited Partnership Act, as amended in 1976 and 1985, has been adopted in 49 states, the District of Columbia and the U.S. Virgin Islands. (Chapter 88 of NRS) In 2001, however, the Uniform Law Commissioners adopted a completely new version of the Uniform Limited Partnership Act. The new Act has been adopted by at least 10 states and is currently under consideration by one other state legislature. This bill allows an existing limited partnership or a future limited partnership to elect to be governed by the provisions of the existing Act or the provisions of the new Act.

      The provisions of the new Act address the changing manner in which limited partnerships are used. These provisions were made to specifically address limited partnerships used for family limited partnerships in estate planning and used for highly sophisticated, manager-controlled limited partnerships.

      The existing Act requires the duration of the limited partnership to be specified in the certificate of the limited partnership. The new Act deletes this requirement and provides the default rule that the partnership continues unless the agreement provides for termination, thereby providing for the partnership to continue as a perpetual entity.

      Under the existing Act, a limited partner may withdraw from the partnership by providing 6 months’ notice, unless the partnership agreement specifies the withdrawal events for a limited partner. The new Act provides that there is no right to withdraw as a limited partner before the termination of the limited partnership. The power to withdraw may only be exercised through the partnership agreement or through specific events.

 


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      Under the existing Act, a limited partner can be held liable for the debts of the entity if he participates in the control of the business and a third party transacts business with the partnership with the reasonable belief that the limited partner is a general partner. General partners have complete liability for such acts. The new Act provides that a limited partner cannot be held liable for the partnership debts even if he participates in the management and control of the limited partnership. In addition, the new Act provides that limited-liability limited partnership status may be used to provide a shield to liability to all general partners.

      The existing Act prohibits the use of a limited partner’s name in the name of the entity except in unusual circumstances. The new Act removes that prohibition so that a limited partner’s name may be incorporated into the business name of an entity created as a limited partnership.

      The existing Act provides that dissolution of the partnership entity requires the unanimous, written consent of all the partners. The new Act provides that only consent of all the general partners and limited partners owning a majority of the rights to receive distributions as limited partners is required to dissolve the partnership.

      The new Act makes various other changes recommended by the Uniform Law Commissioners and addresses such issues as allocating power between general partners and limited partners and setting fiduciary duties owed by general partners to other general and limited partners.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 7 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 138, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Limited Partnership Act (2001).

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 29, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Certificate of limited partnership” means the certificate required by section 47 of this act. The term includes the certificate as amended or restated.

      Sec. 5.  “Contribution,” except in the phrase “right of contribution,” means any benefit provided by a person to a limited partnership in order to become a partner or in the person’s capacity as a partner.

      Sec. 6.  “Debtor in bankruptcy” means a person that is the subject of:

      1.  An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or

      2.  A comparable order under federal, state or foreign law governing insolvency.

      Sec. 7.  “Designated office” means:

      1.  With respect to a limited partnership, the office that the limited partnership is required to designate and maintain under section 43 of this act; and

      2.  With respect to a foreign limited partnership, its principal office.

      Sec. 8.  “Distribution” means a transfer of money or other property from a limited partnership to a partner in the partner’s capacity as a partner or to a transferee on account of a transferable interest owned by the transferee.

 


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      Sec. 9.  “Foreign limited partnership” means a partnership formed under the laws of a jurisdiction other than this State and required by those laws to have one or more general partners and one or more limited partners. The term includes a foreign limited-liability limited partnership.

      Sec. 10.  “Foreign registered limited-liability limited partnership” means a foreign limited-liability limited partnership:

      1.  Formed pursuant to an agreement governed by the laws of another state; and

      2.  Registered pursuant to and complying with sections 107 to 124, inclusive, and 129 of this act.

      Sec. 11.  “General partner” means:

      1.  With respect to a limited partnership, a person that:

      (a) Becomes a general partner under section 70 of this act; or

      (b) Was a general partner in a limited partnership subject to chapter 88 of NRS when the limited partnership voluntarily elected to become subject to this chapter; and

      2.  With respect to a foreign limited partnership, a person that has rights, powers and obligations similar to those of a general partner in a limited partnership.

      Sec. 12.  “Limited partner” means:

      1.  With respect to a limited partnership, a person that:

      (a) Becomes a limited partner under section 64 of this act; or

      (b) Was a limited partner in a limited partnership subject to chapter 88 of NRS when the limited partnership voluntarily elected to become subject to this chapter; and

      2.  With respect to a foreign limited partnership, a person that has rights, powers and obligations similar to those of a limited partner in a limited partnership.

      Sec. 13.  “Limited partnership,” except in the phrases “foreign limited partnership,” “foreign limited-liability limited partnership” and “foreign registered limited-liability limited partnership,” means an entity, having one or more general partners and one or more limited partners, which is formed under this chapter by two or more persons. The term includes a registered limited-liability limited partnership.

      Sec. 14.  “Partner” means a limited partner or general partner.

      Sec. 15.  “Partnership agreement” means the partners’ agreement, whether oral, implied, in a record, or in any combination, concerning the limited partnership. The term includes the agreement as amended.

      Sec. 16.  “Person” means any natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, any public corporation or any other legal or commercial entity.

      Sec. 17.  “Person withdrawn as a general partner” means a person withdrawn as a general partner of a limited partnership.

      Sec. 18.  “Principal office” means the office where the principal executive office of a limited partnership or foreign limited partnership is located, whether or not the office is located in this State.

      Sec. 19.  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 20.  “Registered limited-liability limited partnership” means a limited partnership:

 


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      1.  Formed pursuant to an agreement governed by this chapter; and

      2.  Registered pursuant to and complying with sections 125 to 129, inclusive, of this act.

      Sec. 21.  “Required information” means the information that a limited partnership is required to maintain under section 40 of this act.

      Sec. 22.  “Resident agent” means the agent appointed by a limited partnership upon whom process or a notice or demand authorized by law to be served upon the limited partnership may be served.

      Sec. 23.  “Sign” means to affix a signature to a record.

      Sec. 24.  “Signature” means a name, word, symbol or mark executed or otherwise adopted, or a record encrypted or similarly processed in whole or in part, by a person with the present intent to identify himself and adopt or accept a record. The term includes, without limitation, an electronic signature as defined in NRS 719.100.

      Sec. 25.  “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. 26.  “Street address” of a resident agent means the actual physical location in this State at which a resident agent is available for service of process.

      Sec. 27.  “Transfer” includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift and transfer by operation of law.

      Sec. 28.  “Transferable interest” means a partner’s right to receive distributions.

      Sec. 29.  “Transferee” means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner.

      Sec. 30.  The provisions of this chapter apply to a limited partnership:

      1.  Which was formed before, on or after October 1, 2007, and which voluntarily elects to be governed by the provisions of this chapter; or

      2.  Which is formed on or after October 1, 2007, and which does not voluntarily elect to be governed by the provisions of chapter 88 of NRS.

      Sec. 31.  1.  A person knows a fact if the person has actual knowledge of it.

      2.  A person has notice of a fact if the person:

      (a) Knows of it;

      (b) Has received a notification of it;

      (c) Has reason to know it exists from all of the facts known to the person at the time in question; or

      (d) Has notice of it under subsection 3 or 4.

      3.  A certificate of limited partnership on file in the Office of the Secretary of State is notice that the partnership is a limited partnership and the persons designated in the certificate as general partners are general partners. Except as otherwise provided in subsection 4, the certificate is not notice of any other fact.

      4.  A person has notice of:

      (a) Another person’s withdrawal as a general partner, 90 days after the effective date of an amendment to the certificate of limited partnership which states that the other person has withdrawn or 90 days after the effective date of a certificate of withdrawal pertaining to the other person, whichever occurs first;

 


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      (b) A limited partnership’s dissolution, 90 days after the effective date of an amendment to the certificate of limited partnership stating that the limited partnership is dissolved;

      (c) A limited partnership’s termination, 90 days after the effective date of a certificate of cancellation;

      (d) A limited partnership’s conversion, 90 days after the effective date of the articles of conversion; or

      (e) A merger, 90 days after the effective date of the articles of merger.

      5.  A person notifies or gives a notification to another person by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person learns of it.

      6.  A person receives a notification when the notification:

      (a) Comes to the person’s attention; or

      (b) Is delivered at the person’s place of business or at any other place held out by the person as a place for receiving communications.

      7.  Except as otherwise provided in subsection 8, a person other than a natural person knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the natural person conducting the transaction for the person knows, has notice, or receives a notification of the fact, or in any event when the fact would have been brought to the natural person’s attention if the person had exercised reasonable diligence. A person other than a natural person exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the natural person conducting the transaction for the person and there is reasonable compliance with the routines. Reasonable diligence does not require a natural person acting for the person to communicate information unless the communication is part of the natural person’s regular duties or the natural person has reason to know of the transaction and that the transaction would be materially affected by the information.

      8.  A general partner’s knowledge, notice, or receipt of a notification of a fact relating to the limited partnership is effective immediately as knowledge of, notice to, or receipt of a notification by the limited partnership, except in the case of a fraud on the limited partnership committed by or with the consent of the general partner. A limited partner’s knowledge, notice, or receipt of a notification of a fact relating to the limited partnership is not effective as knowledge of, notice to, or receipt of a notification by the limited partnership.

      Sec. 32.  1.  A limited partnership is an entity distinct from its partners. A limited partnership is the same entity regardless of whether the limited partnership has registered as a registered limited-liability limited partnership.

      2.  A limited partnership may be organized under this chapter for any lawful purpose.

      3.  A limited partnership has a perpetual duration.

      Sec. 33.  A limited partnership has the powers to do all things necessary or convenient to carry on its activities, including the power to sue, be sued and defend in its own name and to maintain an action against a partner for harm caused to the limited partnership by a breach of the partnership agreement or violation of a duty to the partnership.

      Sec. 34.  The law of this State governs:

      1.  Relations among the partners of a limited partnership and between the partners and the limited partnership; and

 


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      2.  The liability of partners as partners for an obligation of the limited partnership.

      Sec. 35.  1.  Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.

      2.  If an obligation to pay interest arises under this chapter and the rate is not specified, the rate is that specified in NRS 99.040.

      Sec. 36.  1.  Except as otherwise provided in section 126 of this act, the name proposed for a limited partnership as set forth in its certificate of limited partnership:

      (a) Must contain the words “Limited Partnership,” or the abbreviation “LP” or “L.P.”;

      (b) May contain the name of any partner; and

      (c) Must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name on the certificate of limited partnership submitted to the Secretary of State is not distinguishable from any name on file or reserved name, the Secretary of State shall return the certificate to the filer, unless the written, acknowledged consent to the use of the same or the requested similar name of the holder of the name on file or reserved name accompanies the certificate of limited partnership.

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

      3.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada State Board of Accountancy certifies that the limited partnership:

      (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

      (b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the limited partnership is not engaged in the practice of accounting and is not offering to practice accounting in this State.

      4.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the word “bank” or “trust” unless:

      (a) It appears from the certificate of limited partnership that the limited partnership proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and

      (b) The certificate of limited partnership is first approved by the Commissioner of Financial Institutions.

      5.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the provisions of this chapter if it appears from the certificate of limited partnership that the business to be carried on by the limited partnership is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of limited partnership is approved by the Commissioner who will supervise the business of the limited partnership.

 


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subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of limited partnership is approved by the Commissioner who will supervise the business of the limited partnership.

      6.  Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

      (a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the limited partnership are licensed to practice engineering pursuant to the laws of this State; or

      (b) The State Board of Professional Engineers and Land Surveyors certifies that the limited partnership is exempt from the prohibitions of NRS 625.520.

      7.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the certificate of limited partnership that the purpose of the limited partnership is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the limited partnership has:

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      8.  The name of a limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

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

      Sec. 37.  1.  The exclusive right to the use of a name may be reserved by:

      (a) Any person intending to organize a limited partnership under this chapter and to adopt that name;

      (b) Any domestic limited partnership or any foreign limited partnership registered in this State which, in either case, intends to adopt that name;

      (c) Any foreign limited partnership intending to register in this State and adopt that name; and

      (d) Any person intending to organize a foreign limited partnership and intending to have it registered in this State and adopt that name.

      2.  The reservation must be made by filing with the Secretary of State an application, signed by the applicant, to reserve a specified name. If the Secretary of State finds that the name is available for use by a domestic or foreign limited partnership, he shall reserve the name for the exclusive use of the applicant for a period of 90 days. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the Office of the Secretary of State a notice of the transfer, signed by the applicant for whom the name was reserved and specifying the name and address of the transferee.

 


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reserved name may be transferred to any other person by filing in the Office of the Secretary of State a notice of the transfer, signed by the applicant for whom the name was reserved and specifying the name and address of the transferee.

      Sec. 38.  1.  Except as otherwise provided in subsection 2, if a limited partnership applies to reinstate its right to transact business but its name has been legally reserved or acquired by any other artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the applying limited partnership shall submit in writing to the Secretary of State some other name under which it desires its right to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the limited partnership under that new name.

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

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

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

      Sec. 39.  1.  Except as otherwise provided in subsection 2, the partnership agreement governs relations among the partners and between the partners and the partnership. To the extent the partnership agreement does not otherwise provide, this chapter governs relations among the partners and between the partners and the partnership.

      2.  A partnership agreement may not:

      (a) Vary a limited partnership’s power under section 33 of this act to sue, be sued and defend in its own name;

      (b) Vary the law applicable to a limited partnership under section 34 of this act;

      (c) Vary the requirements of section 50 of this act;

      (d) Vary the information required under section 40 of this act or unreasonably restrict the right to information under section 67 or 76 of this act, but the partnership agreement may impose reasonable restrictions on the availability and use of information obtained under those sections and may define appropriate remedies, including liquidated damages, for a breach of any reasonable restriction on use;

      (e) Eliminate the duty of loyalty under section 77 of this act, but the partnership agreement may:

             (1) Identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; and

             (2) Specify the number or percentage of partners which may authorize or ratify, after full disclosure to all partners of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty;

 


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      (f) Unreasonably reduce the duty of care under subsection 3 of section 77 of this act;

      (g) Eliminate the obligation of good faith and fair dealing under subsection 2 of section 68 of this act and subsection 4 of section 77 of this act, but the partnership agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable;

      (h) Vary the power of a person to withdraw as a general partner under subsection 1 of section 90 of this act except to require that the notice under subsection 1 of section 89 of this act be in a record;

      (i) Vary the power of a court to decree dissolution in the circumstances specified in section 99 of this act;

      (j) Vary the requirement to wind up the partnership’s business as specified in section 100 of this act;

      (k) Unreasonably restrict the right to maintain an action under sections 130 to 134, inclusive, of this act;

      (l) Restrict the right of a partner to approve a conversion or merger; or

      (m) Restrict rights under this chapter of a person other than a partner or a transferee.

      Sec. 40.  A limited partnership shall maintain at its designated office the following information:

      1.  A current list showing the full name and last known street and mailing address of each partner, separately identifying the general partners, in alphabetical order, and the limited partners, in alphabetical order.

      2.  A copy of the certificate of limited partnership and all amendments to and restatements of the certificate, together with signed copies of any powers of attorney under which any certificate, amendment or restatement has been signed.

      3.  A copy of any filed articles of conversion or merger.

      4.  A copy of the limited partnership’s federal, state and local income tax returns and reports, if any, for the 3 most recent years.

      5.  A copy of any partnership agreement made in a record and any amendment made in a record to any partnership agreement.

      6.  A copy of any financial statement of the limited partnership for the 3 most recent years.

      7.  A copy of the three most recent annual lists filed with the Secretary of State pursuant to section 58 of this act.

      8.  A copy of any record made by the limited partnership during the past 3 years of any consent given by or vote taken of any partner pursuant to this chapter or the partnership agreement.

      9.  Unless contained in a partnership agreement made in a record, a record stating:

      (a) The amount of cash, and a description and statement of the agreed value of the other benefits, contributed and agreed to be contributed by each partner;

      (b) The times at which, or events on the happening of which, any additional contributions agreed to be made by each partner are to be made;

 


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      (c) For any person that is both a general partner and a limited partner, a specification of what transferable interest the person owns in each capacity; and

      (d) Any events upon the happening of which the limited partnership is to be dissolved and its activities wound up.

      Sec. 41.  A partner may lend money to and transact other business with the limited partnership and has the same rights and obligations with respect to the loan or other transaction as a person that is not a partner.

      Sec. 42.  A person may be both a general partner and a limited partner. A person that is both a general and limited partner has the rights, powers, duties and obligations provided by this chapter and the partnership agreement in each of those capacities. When the person acts as a general partner, the person is subject to the obligations, duties and restrictions under this chapter and the partnership agreement for general partners. When the person acts as a limited partner, the person is subject to the obligations, duties and restrictions under this chapter and the partnership agreement for limited partners.

      Sec. 43.  1.  Each limited partnership shall designate and continuously maintain in this State:

      (a) An office, which may but need not be a place of its business in this State, at which must be kept the records required by section 40 of this act to be maintained; and

      (b) A resident agent.

      2.  Every resident agent shall file a certificate in the Office of the Secretary of State, setting forth his street address where process may be served upon the limited partnership and his mailing address if different from the street address.

      3.  Within 30 days after changing the location of his office from one address to another in this State, a resident agent shall file a certificate with the Secretary of State setting forth the names of the limited partnerships represented by the agent, the address at which he has maintained the office for each of the limited partnerships, and the new address to which the office is transferred.

      4.  Within 30 days after changing the location of the office which contains records for a limited partnership, a general partner of the limited partnership shall file a certificate of a change in address with the Secretary of State which sets forth the name of the limited partnership, the previous address of the office which contains records and the new address of the office which contains records.

      Sec. 44.  1.  If a limited partnership created pursuant to this chapter desires to change its resident agent, the change may be effected by filing with the Secretary of State a certificate of change of resident agent, signed by a general partner, which sets forth:

      (a) The name of the limited partnership;

      (b) The name and street address of its present resident agent; and

      (c) The name and street address of the new resident agent.

      2.  The new resident agent’s certificate of acceptance must be a part of or attached to the certificate of change of resident agent.

      3.  If the name of a resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment, the resident agent shall:

 


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      (a) File with the Secretary of State a certificate of name change of resident agent that includes:

             (1) The current name of the resident agent as filed with the Secretary of State;

             (2) The new name of the resident agent; and

             (3) The name and file number of each artificial person formed, organized, registered or qualified pursuant to the provisions of this title that the resident agent represents; and

      (b) Pay to the Secretary of State a filing fee of $100.

      4.  A change authorized by this section becomes effective upon the filing of the proper certificate of change.

      Sec. 45.  1.  A resident agent who desires to resign shall:

      (a) File with the Secretary of State a signed statement in the manner provided pursuant to subsection 1 of NRS 78.097 that he is unwilling to continue to act as the resident agent of the limited partnership for the service of process; and

      (b) Pay to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.

Ê A resignation is not effective until the signed statement is filed with the Secretary of State.

      2.  The statement of resignation may contain a statement by the affected limited partnership appointing a successor resident agent for the limited partnership. A certificate of acceptance signed by the new agent, stating the full name, complete street address and, if different from the street address, mailing address of the new agent, must accompany the statement appointing the new agent.

      3.  Upon the filing of the statement with the Secretary of State, the capacity of the person as resident agent terminates. If the statement of resignation does not contain a statement by the limited partnership appointing a successor resident agent, the resigning agent shall immediately give written notice, by mail, to the limited partnership of the filing of the statement and the effect thereof. The notice must be addressed to a general partner of the partnership other than the resident agent.

      4.  If a designated resident agent dies, resigns or removes from the State, the limited partnership, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance, signed by the new resident agent. The certificate must set forth the full name, complete street address and, if different from the street address, mailing address of the newly designated resident agent.

      5.  Each limited partnership which fails to file a certificate of acceptance signed by the new resident agent within 30 days after the death, resignation or removal of its resident agent as provided in subsection 4 shall be deemed in default and is subject to the provisions of sections 60 and 61 of this act.

      Sec. 46.  Action requiring the consent of partners under this chapter may be taken without a meeting, and a partner may appoint a proxy to consent or otherwise act for the partner by signing an appointment record, either personally or by the partner’s attorney in fact.

      Sec. 47.  1.  In order for a limited partnership to be formed, a certificate of limited partnership must be delivered to the Secretary of State for filing. The certificate must state:

 


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      (a) The name of the limited partnership;

      (b) The street and mailing address of the initial designated office and the name and street and mailing address of the resident agent for service of process;

      (c) The name and the street and mailing address of each general partner; and

      (d) Any additional information required by chapter 92A of NRS.

      2.  A certificate of limited partnership may also contain any other matters but may not vary or otherwise affect the provisions specified in subsection 2 of section 39 of this act in a manner inconsistent with that section.

      3.  If there has been substantial compliance with subsection 1, a limited partnership is formed on the later of the filing of the certificate of limited partnership or a date specified in the certificate of limited partnership.

      4.  Subject to subsection 2, if any provision of a partnership agreement is inconsistent with the filed certificate of limited partnership or with a filed certificate of withdrawal, certificate of cancellation or statement of change or filed articles of conversion or merger:

      (a) The partnership agreement prevails as to partners and transferees; and

      (b) The filed certificate of limited partnership, certificate of withdrawal, certificate of cancellation or statement of change or articles of conversion or merger prevail as to persons, other than partners and transferees, that reasonably rely on the filed record to their detriment.

      5.  A certificate of acceptance of appointment of a resident agent, signed by the agent, must be filed with the certificate of limited partnership.

      Sec. 48.  1.  In order to amend its certificate of limited partnership, a limited partnership must deliver to the Secretary of State for filing an amendment or articles of merger stating:

      (a) The name of the limited partnership; and

      (b) The changes the amendment makes to the certificate as most recently amended or restated.

      2.  A limited partnership shall promptly deliver to the Secretary of State for filing an amendment to a certificate of limited partnership to reflect:

      (a) The admission of a new general partner;

      (b) The withdrawal of a person as a general partner; or

      (c) The appointment of a person to wind up the limited partnership’s activities under subsection 3 or 4 of section 100 of this act.

      3.  A general partner that knows that any information in a filed certificate of limited partnership was false when the certificate was filed or has become false due to changed circumstances shall promptly:

      (a) Cause the certificate to be amended; or

      (b) If appropriate, deliver to the Secretary of State for filing a certificate of correction pursuant to section 55 of this act.

      4.  A certificate of limited partnership may be amended at any time for any other proper purpose as determined by the limited partnership.

      5.  A restated certificate of limited partnership may be delivered to the Secretary of State for filing in the same manner as an amendment.

 


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ê2007 Statutes of Nevada, Page 448 (Chapter 146, SB 72)ê

 

      6.  An amendment or restated certificate is effective when filed by the Secretary of State or upon a later date specified in the certificate, which must not be more than 90 days after the certificate is filed.

      Sec. 49.  A dissolved limited partnership that has completed winding up may deliver to the Secretary of State for filing a certificate of cancellation that states:

      1.  The name of the limited partnership; and

      2.  Any other information as determined by the general partners filing the statement or by a person appointed pursuant to subsection 3 or 4 of section 100 of this act.

      Sec. 50.  1.  Each record delivered to the Secretary of State for filing pursuant to this chapter must be signed in the following manner:

      (a) A certificate of limited partnership must be signed by all general partners listed in the certificate.

      (b) An amendment designating as general partner a person admitted under paragraph (b) of subsection 3 of section 98 of this act following the withdrawal of a limited partnership’s last general partner must be signed by that person.

      (c) An amendment required by subsection 3 of section 100 of this act following the appointment of a person to wind up the dissolved limited partnership’s activities must be signed by that person.

      (d) Any other amendment must be signed by:

             (1) At least one general partner listed in the certificate;

             (2) Each other person designated in the amendment as a new general partner; and

             (3) Each person that the amendment indicates has withdrawn as a general partner, unless:

                   (I) The person is deceased or a guardian or general conservator has been appointed for the person and the amendment so states; or

                   (II) The person has previously delivered to the Secretary of State for filing a certificate of withdrawal.

      (e) A restated certificate of limited partnership must be signed by at least one general partner listed in the certificate, and, to the extent the restated certificate effects a change under any other paragraph of this subsection, the certificate must be signed in a manner that satisfies that paragraph.

      (f) A certificate of cancellation must be signed by all general partners listed in the certificate or, if the certificate of a dissolved limited partnership lists no general partners, by the person appointed pursuant to subsection 3 or 4 of section 100 of this act to wind up the dissolved limited partnership’s activities.

      (g) Articles of conversion must be signed by each general partner listed in the certificate of limited partnership.

      (h) Articles of merger must be signed as provided in chapter 92A of NRS.

      (i) Any other record delivered on behalf of a limited partnership to the Secretary of State for filing must be signed by at least one general partner listed in the certificate.

      (j) A statement by a person pursuant to paragraph (d) of subsection 1 of section 91 of this act stating that the person has withdrawn as a general partner must be signed by that person.

 


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ê2007 Statutes of Nevada, Page 449 (Chapter 146, SB 72)ê

 

      (k) A statement of withdrawal by a person pursuant to section 69 of this act must be signed by that person.

      (l) A record delivered on behalf of a foreign limited partnership to the Secretary of State for filing must be signed by at least one general partner of the foreign limited partnership.

      (m) Any other record delivered on behalf of any person to the Secretary of State for filing must be signed by that person.

      2.  Any person may sign by an attorney-in-fact any record to be filed pursuant to this chapter.

      Sec. 51.  1.  If a person required by this chapter to sign a record or deliver a record to the Secretary of State for filing does not do so, any other person that is aggrieved may petition the district court to order:

      (a) The person to sign the record;

      (b) Deliver the record to the Secretary of State for filing; or

      (c) The Secretary of State to file the record unsigned.

      2.  If the person aggrieved under subsection 1 is not the limited partnership or foreign limited partnership to which the record pertains, the aggrieved person shall make the limited partnership or foreign limited partnership a party to the action. A person aggrieved under subsection 1 may seek the remedies provided in subsection 1 in the same action in combination or in the alternative.

      3.  A record filed unsigned pursuant to this section is effective without being signed.

      Sec. 52.  1.  Each record filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.

      2.  The Secretary of State may refuse to file a record which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the record.

      3.  If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any record that is submitted for filing with the form:

      (a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the record in order for the record to be filed; and

      (b) Unless otherwise provided in the record, the provisions of the record control in every other situation.

      4.  The Secretary of State may by regulation provide for the electronic filing of records with the Office of the Secretary of State.

      Sec. 53.  A general partner of a limited partnership may authorize the Secretary of State in writing to replace any page of a record submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the original record. The signed authorization of the general partner to the Secretary of State permits, but does not require, the Secretary of State to alter the original record as requested.

      Sec. 54.  No record which is written in a language other than English may be filed or submitted for filing in the Office of the Secretary of State pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that record into the English language.

 


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ê2007 Statutes of Nevada, Page 450 (Chapter 146, SB 72)ê

 

      Sec. 55.  1.  A limited partnership or foreign limited partnership may correct a record filed in the Office of the Secretary of State with respect to the limited partnership or foreign limited partnership if the record contains false or erroneous information or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the limited partnership or foreign limited partnership must:

      (a) Prepare a certificate of correction that:

             (1) States the name of the limited partnership or foreign limited partnership;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the false or erroneous information or the defect;

             (4) Sets forth the false or erroneous information or the defective portion of the record in an accurate or corrected form; and

             (5) Is signed by a general partner of the limited partnership or foreign limited partnership.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

      3.  A certificate of correction must not state a delayed effective date and is effective on the effective date of the record it corrects, except that the certificate is effective when filed:

      (a) For the purposes of subsections 3 and 4 of section 31 of this act; and

      (b) As to persons relying on the uncorrected record and adversely affected by the correction.

      Sec. 56.  The Secretary of State may microfilm or image any record which is filed in his office by or relating to a limited partnership pursuant to this chapter and may return the original record to the filer.

      Sec. 57.  1.  If a record delivered to the Secretary of State for filing under this chapter and filed by the Secretary of State contains false information, a person that suffers loss by reliance on the information may recover damages for the loss from:

      (a) A person that signed the record, or caused another to sign it on the person’s behalf, and knew the information to be false at the time the record was signed; and

      (b) A general partner that has notice that the information was false when the record was filed or has become false because of changed circumstances, if the general partner has notice for a reasonably sufficient time before the information is relied upon to enable the general partner to effect an amendment under section 48 of this act, file a petition pursuant to section 51 of this act or deliver to the Secretary of State for filing a certificate of correction pursuant to section 55 of this act.

      2.  Signing a record authorized or required to be filed under this chapter constitutes an affirmation under the penalties of perjury that the facts stated in the record are true.

      Sec. 58.  1.  A limited partnership shall, on or before the last day of the first month after the filing of its certificate of limited partnership with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs, file with the Secretary of State, on a form furnished by him, a list that contains:

 


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ê2007 Statutes of Nevada, Page 451 (Chapter 146, SB 72)ê

 

      (a) The name of the limited partnership;

      (b) The file number of the limited partnership, if known;

      (c) The names of all of its general partners;

      (d) The address, either residence or business, of each general partner;

      (e) The name and street address of its lawfully designated resident agent in this State; and

      (f) The signature of a general partner of the limited partnership certifying that the list is true, complete and accurate.

Ê Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of NRS 360.780 and which acknowledges that pursuant to NRS 239.330 it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.

      2.  Except as otherwise provided in subsection 3, a limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $125.

      3.  A registered limited-liability limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $125.

      4.  If a general partner of a limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each limited partnership which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due pursuant to the provisions of subsection 2 or 3, as appropriate, and a reminder to file the annual list. Failure of any limited partnership to receive a notice or form does not excuse it from the penalty imposed by section 60 of this act.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 or 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a limited partnership not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A filing made pursuant to this section does not satisfy the provisions of section 48 of this act and may not be substituted for filings submitted pursuant to section 48 of this act.

      Sec. 59.  1.  At the time of submitting any list required pursuant to section 58 of this act, a limited partnership that meets the criteria set forth in subsection 2 must submit:

 


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ê2007 Statutes of Nevada, Page 452 (Chapter 146, SB 72)ê

 

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A limited partnership must submit a statement pursuant to this section if the limited partnership, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the limited partnership within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the limited partnership being fined or otherwise penalized or which resulted in the limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the limited partnership and whether the limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.

      Sec. 60.  1.  If a limited partnership has filed the list in compliance with section 58 of this act and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the limited partnership constitutes a certificate authorizing it to transact its business within this State until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year.

      2.  Each limited partnership which is required to make a filing and pay the fee prescribed in sections 58 and 59 of this act and which refuses or neglects to do so within the time provided is in default.

      3.  Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a limited partnership which is a unit-owners’ association as defined in NRS 116.011 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the limited partnership to be in default.

 


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ê2007 Statutes of Nevada, Page 453 (Chapter 146, SB 72)ê

 

has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the limited partnership to be in default. If, after the limited partnership is deemed to be in default, the Administrator notifies the Secretary of State that the limited partnership has registered pursuant to NRS 116.31158 and paid the fees pursuant to NRS 116.31155, the Secretary of State shall reinstate the limited partnership if the limited partnership complies with the requirements for reinstatement as provided in this section and section 62 of this act.

      4.  For default there must be added to the amount of the fee a penalty of $75, and unless the filings are made and the fee and penalty are paid on or before the first day of the first anniversary of the month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits its right to transact any business within this State.

      Sec. 61.  1.  The Secretary of State shall notify, by providing written notice to its resident agent, each defaulting limited partnership. The written notice:

      (a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.

      (b) At the request of the resident agent, may be provided electronically.

      2.  Immediately after the first day of the first anniversary of the month following the month in which filing was required, the certificate of the limited partnership is revoked.

      3.  The Secretary of State shall compile a complete list containing the names of all limited partnerships whose right to transact business has been forfeited.

      4.  The Secretary of State shall notify, by providing written notice to its resident agent, each limited partnership specified in subsection 3 of the revocation of its certificate. The written notice:

      (a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.

      (b) At the request of the resident agent, may be provided electronically.

      5.  In case of revocation of the certificate and of the forfeiture of the right to transact business thereunder, all the property and assets of the defaulting domestic limited partnership are held in trust by the general partners, and the same proceedings may be had with respect thereto as for the judicial dissolution of a limited partnership. Any person interested may institute proceedings at any time after a forfeiture has been declared, but, if the Secretary of State reinstates the limited partnership, the proceedings must at once be dismissed and all property restored to the general partners.

      Sec. 62.  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and restore to the limited partnership its right to carry on business in this State, and to exercise its privileges and immunities if it:

 


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ê2007 Statutes of Nevada, Page 454 (Chapter 146, SB 72)ê

 

      (a) Files with the Secretary of State:

             (1) The list required pursuant to section 58 of this act;

             (2) The statement required by section 59 of this act, if applicable; and

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

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in sections 58 and 60 of this act for each year or portion thereof during which the certificate has been revoked;

             (2) The fee set forth in section 59 of this act, if applicable; and

             (3) A fee of $300 for reinstatement.

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

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to section 63 of this act.

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

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

      5.  If a limited partnership’s certificate is reinstated pursuant to this section, the reinstatement relates back to and takes effect on the effective date of the revocation, and the limited partnership’s status as a limited partnership continues as if the revocation had never occurred.

      Sec. 63.  The Secretary of State, for services relating to his official duties and the records of his office, shall charge and collect the following fees:

      1.  For filing a certificate of limited partnership, or for registering a foreign limited partnership, $75.

      2.  For filing a certificate of registration of limited-liability limited partnership, or for registering a foreign registered limited-liability limited partnership, $100.

      3.  For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, $175.

      4.  For filing a certificate of a change of location of the records office of a limited partnership or the office of its resident agent, or a designation of a new resident agent, $60.

      5.  For certifying a copy of a certificate of limited partnership, an amendment to the certificate, or a certificate as amended, $30 per certification.

      6.  For certifying an authorized printed copy of the limited partnership law, $30.

      7.  For reserving a limited partnership name, or for signing, filing or certifying any other record, $25.

      8.  For copies provided by the Office of the Secretary of State, $2 per page.

 


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ê2007 Statutes of Nevada, Page 455 (Chapter 146, SB 72)ê

 

      9.  For filing a certificate of cancellation of a limited partnership or a certificate of cancellation of the registration of a foreign limited partnership, $75.

Ê Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 64.  A person becomes a limited partner:

      1.  As provided in the partnership agreement;

      2.  As the result of a conversion or merger under chapter 92A of NRS; or

      3.  With the consent of all the partners.

      Sec. 65.  A limited partner does not have the right or the power as a limited partner to act for or bind the limited partnership.

      Sec. 66.  An obligation of a limited partnership, whether arising in contract, tort or otherwise, is not the obligation of a limited partner. A limited partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for an obligation of the limited partnership solely by reason of being a limited partner, even if the limited partner participates in the management and control of the limited partnership.

      Sec. 67.  1.  On 10 days’ demand, made in a record received by the limited partnership, a limited partner may inspect and copy required information during regular business hours in the limited partnership’s designated office. The limited partner need not have any particular purpose for seeking the information.

      2.  During regular business hours and at a reasonable location specified by the limited partnership, a limited partner may obtain from the limited partnership and inspect and copy true and full information regarding the state of the activities and financial condition of the limited partnership and other information regarding the activities of the limited partnership as is just and reasonable if:

      (a) The limited partner seeks the information for a purpose reasonably related to the partner’s interest as a limited partner;

      (b) The limited partner makes a demand in a record received by the limited partnership, describing with reasonable particularity the information sought and the purpose for seeking the information; and

      (c) The information sought is directly connected to the limited partner’s purpose.

      3.  Within 10 days after receiving a demand pursuant to subsection 2, the limited partnership in a record shall inform the limited partner that made the demand:

      (a) What information the limited partnership will provide in response to the demand;

      (b) When and where the limited partnership will provide the information; and

      (c) If the limited partnership declines to provide any demanded information, the limited partnership’s reasons for declining.

      4.  Subject to subsection 6, a person withdrawn as a limited partner may inspect and copy required information during regular business hours in the limited partnership’s designated office if:

      (a) The information pertains to the period during which the person was a limited partner;

      (b) The person seeks the information in good faith; and

      (c) The person meets the requirements of subsection 2.

 


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ê2007 Statutes of Nevada, Page 456 (Chapter 146, SB 72)ê

 

      5.  The limited partnership shall respond to a demand made pursuant to subsection 4 in the same manner as provided in subsection 3.

      6.  If a limited partner dies, section 97 of this act applies.

      7.  The limited partnership may impose reasonable restrictions on the use of information obtained under this section. In a dispute concerning the reasonableness of a restriction under this subsection, the limited partnership has the burden of proving reasonableness.

      8.  A limited partnership may charge a person that makes a demand under this section reasonable costs of copying, limited to the costs of labor and material.

      9.  Whenever this chapter or a partnership agreement provides for a limited partner to give or withhold consent to a matter, before the consent is given or withheld, the limited partnership shall, without demand, provide the limited partner with all information material to the limited partner’s decision that the limited partnership knows.

      10.  A limited partner or person withdrawn as a limited partner may exercise the rights under this section through an attorney or other agent. Any restriction imposed under subsection 7 or by the partnership agreement applies both to the attorney or other agent and to the limited partner or person withdrawn as a limited partner.

      11.  The rights stated in this section do not extend to a person as transferee, but may be exercised by the legal representative of a natural person under legal disability who is a limited partner or person withdrawn as a limited partner.

      Sec. 68.  1.  A limited partner does not have any fiduciary duty to the limited partnership or to any other partner solely by reason of being a limited partner.

      2.  A limited partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing.

      3.  A limited partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the limited partner’s conduct furthers the limited partner’s own interest.

      Sec. 69.  1.  Except as otherwise provided in subsection 2, a person that makes an investment in a business enterprise and erroneously but in good faith believes that the person has become a limited partner in the enterprise is not liable for the enterprise’s obligations by reason of making the investment, receiving distributions from the enterprise or exercising any rights of or appropriate to a limited partner if, on ascertaining the mistake, the person:

      (a) Causes an appropriate certificate of limited partnership, amendment or certificate of correction to be signed and delivered to the Secretary of State for filing; or

      (b) Withdraws from future participation as an owner in the enterprise by signing and delivering to the Secretary of State for filing a statement of withdrawal under this section.

      2.  A person that makes an investment described in subsection 1 is liable to the same extent as a general partner to any third party that enters into a transaction with the enterprise, believing in good faith that the person is a general partner, before the Secretary of State files a statement of withdrawal, certificate of limited partnership, amendment or certificate of correction to show that the person is not a general partner.

 


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ê2007 Statutes of Nevada, Page 457 (Chapter 146, SB 72)ê

 

person is a general partner, before the Secretary of State files a statement of withdrawal, certificate of limited partnership, amendment or certificate of correction to show that the person is not a general partner.

      3.  If a person makes a diligent effort in good faith to comply with paragraph (a) of subsection 1 and is unable to cause the appropriate certificate of limited partnership, amendment or certificate of correction to be signed and delivered to the Secretary of State for filing, the person has the right to withdraw from the enterprise pursuant to paragraph (b) of subsection 1 even if the withdrawal would otherwise breach an agreement with others that are or have agreed to become co-owners of the enterprise.

      Sec. 70.  A person becomes a general partner:

      1.  As provided in the partnership agreement;

      2.  Under paragraph (b) of subsection 3 of section 98 of this act following the withdrawal of a limited partnership’s last general partner;

      3.  As the result of a conversion or merger under chapter 92A of NRS; or

      4.  With the consent of all the partners.

      Sec. 71.  1.  Each general partner is an agent of the limited partnership for the purposes of its activities. An act of a general partner, including the signing of a record in the partnership’s name, for apparently carrying on in the ordinary course the limited partnership’s activities or activities of the kind carried on by the limited partnership binds the limited partnership, unless the general partner did not have authority to act for the limited partnership in the particular matter and the person with which the general partner was dealing knew, had received a notification or had notice under subsection 4 of section 31 of this act that the general partner lacked authority.

      2.  An act of a general partner which is not apparently for carrying on in the ordinary course the limited partnership’s activities or activities of the kind carried on by the limited partnership binds the limited partnership only if the act was actually authorized by all the other partners.

      Sec. 72.  1.  A limited partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a general partner acting in the ordinary course of activities of the limited partnership or with authority of the limited partnership.

      2.  If, in the course of the limited partnership’s activities or while acting with authority of the limited partnership, a general partner receives or causes the limited partnership to receive money or property of a person not a partner, and the money or property is misapplied by a general partner, the limited partnership is liable for the loss.

      Sec. 73.  1.  Except as otherwise provided in subsections 2 and 3, all general partners are liable jointly and severally for all obligations of the limited partnership unless otherwise agreed by the claimant or provided by law.

      2.  A person that becomes a general partner of an existing limited partnership is not personally liable for an obligation of a limited partnership incurred before the person became a general partner.

      3.  An obligation of a limited partnership incurred while the limited partnership is a registered limited-liability limited partnership, whether arising in contract, tort or otherwise, is solely the obligation of the limited partnership. A general partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or acting as a general partner.

 


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ê2007 Statutes of Nevada, Page 458 (Chapter 146, SB 72)ê

 

indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or acting as a general partner. This subsection applies despite anything inconsistent in the partnership agreement that existed immediately before the consent required to become a registered limited-liability limited partnership under paragraph (b) of subsection 2 of section 75 of this act.

      Sec. 74.  1.  To the extent not inconsistent with section 73 of this act, a general partner may be joined in an action against the limited partnership or named in a separate action.

      2.  A judgment against a limited partnership is not by itself a judgment against a general partner. A judgment against a limited partnership may not be satisfied from a general partner’s assets unless there is also a judgment against the general partner.

      3.  A judgment creditor of a general partner may not levy execution against the assets of the general partner to satisfy a judgment based on a claim against the limited partnership, unless the partner is personally liable for the claim under section 73 of this act and:

      (a) A judgment based on the same claim has been obtained against the limited partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part;

      (b) The limited partnership is a debtor in bankruptcy;

      (c) The general partner has agreed that the creditor need not exhaust limited partnership assets;

      (d) A court grants permission to the judgment creditor to levy execution against the assets of a general partner based on a finding that limited partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of limited partnership assets is excessively burdensome or that the grant of permission is an appropriate exercise of the court’s equitable powers; or

      (e) Liability is imposed on the general partner by law or contract independent of the existence of the limited partnership.

      Sec. 75.  1.  Each general partner has equal rights in the management and conduct of the limited partnership’s activities. Except as expressly provided in this chapter, any matter relating to the activities of the limited partnership may be exclusively decided by the general partner or, if there is more than one general partner, by a majority of the general partners.

      2.  The consent of each partner is necessary to:

      (a) Amend the partnership agreement;

      (b) Register a limited partnership as a registered limited-liability limited partnership pursuant to section 125 of this act or to withdraw its registration as a registered limited-liability limited partnership; and

      (c) Sell, lease, exchange or otherwise dispose of all, or substantially all, of the limited partnership’s property, with or without the goodwill, other than in the usual and regular course of the limited partnership’s activities.

      3.  A limited partnership shall reimburse a general partner for payments made and indemnify a general partner for liabilities incurred by the general partner in the ordinary course of the activities of the partnership or for the preservation of its activities or property.

      4.  A limited partnership shall reimburse a general partner for an advance to the limited partnership beyond the amount of capital the general partner agreed to contribute.

 


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      5.  A payment or advance made by a general partner which gives rise to an obligation of the limited partnership under subsection 3 or 4 constitutes a loan to the limited partnership which accrues interest from the date of the payment or advance.

      6.  A general partner is not entitled to remuneration for services performed for the partnership.

      Sec. 76.  1.  A general partner, without having any particular purpose for seeking the information, may inspect and copy during regular business hours:

      (a) In the limited partnership’s designated office, required information; and

      (b) At a reasonable location specified by the limited partnership, any other records maintained by the limited partnership regarding the limited partnership’s activities and financial condition.

      2.  Each general partner and the limited partnership shall furnish to a general partner:

      (a) Without demand, any information concerning the limited partnership’s activities and activities reasonably required for the proper exercise of the general partner’s rights and duties under the partnership agreement or this chapter; and

      (b) On demand, any other information concerning the limited partnership’s activities, except to the extent the demand or the information demanded is unreasonable or otherwise improper under the circumstances.

      3.  Subject to subsection 5, on 10 days’ demand made in a record received by the limited partnership, a person withdrawn as a general partner may have access to the information and records described in subsection 1 at the location specified in subsection 1 if:

      (a) The information or record pertains to the period during which the person was a general partner;

      (b) The person seeks the information or record in good faith; and

      (c) The person satisfies the requirements imposed on a limited partner by subsection 2 of section 67 of this act.

      4.  The limited partnership shall respond to a demand made pursuant to subsection 3 in the same manner as provided in subsection 3 of section 67 of this act.

      5.  If a general partner dies, section 97 of this act applies.

      6.  The limited partnership may impose reasonable restrictions on the use of information under this section. In any dispute concerning the reasonableness of a restriction under this subsection, the limited partnership has the burden of proving reasonableness.

      7.  A limited partnership may charge a person withdrawn as a general partner that makes a demand under this section reasonable costs of copying, limited to the costs of labor and material.

      8.  A general partner or person withdrawn as a general partner may exercise the rights under this section through an attorney or other agent. Any restriction imposed under subsection 6 or by the partnership agreement applies both to the attorney or other agent and to the general partner or person withdrawn as a general partner.

 


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      9.  The rights under this section do not extend to a person as transferee, but the rights under subsection 3 of a person withdrawn as a general partner may be exercised by the legal representative of a natural person withdrawn as a general partner under paragraph (b) or (c) of subsection 7 of section 89 of this act.

      Sec. 77.  1.  The only fiduciary duties that a general partner has to the limited partnership and the other partners are the duties of loyalty and care under subsections 2 and 3.

      2.  A general partner’s duty of loyalty to the limited partnership and the other partners is limited to the following:

      (a) To account to the limited partnership and hold as trustee for it any property, profit or benefit derived by the general partner in the conduct and winding up of the limited partnership’s activities or derived from a use by the general partner of limited partnership property, including the appropriation of a limited partnership opportunity;

      (b) To refrain from dealing with the limited partnership in the conduct or winding up of the limited partnership’s activities as or on behalf of a party having an interest adverse to the limited partnership; and

      (c) To refrain from competing with the limited partnership in the conduct or winding up of the limited partnership’s activities.

      3.  A general partner’s duty of care to the limited partnership and the other partners in the conduct and winding up of the limited partnership’s activities is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct or a knowing violation of law.

      4.  A general partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing.

      5.  A general partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the general partner’s conduct furthers the general partner’s own interest.

      Sec. 78.  A contribution of a partner may consist of tangible or intangible property or other benefit to the limited partnership, including money, services performed, promissory notes, other agreements to contribute cash or property, and contracts for services to be performed.

      Sec. 79.  1.  A partner’s obligation to contribute money or other property or other benefit to, or to perform services for, a limited partnership is not excused by the partner’s death, disability or other inability to perform personally.

      2.  If a partner does not make a promised nonmonetary contribution, the partner is obligated at the option of the limited partnership to contribute money equal to that portion of the value, as stated in the required information, of the stated contribution which has not been made.

      3.  The obligation of a partner to make a contribution or return money or other property paid or distributed in violation of this chapter may be compromised only by consent of all partners. A creditor of a limited partnership which extends credit or otherwise acts in reliance on an obligation described in subsection 1, without notice of any compromise under this subsection, may enforce the original obligation.

 


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ê2007 Statutes of Nevada, Page 461 (Chapter 146, SB 72)ê

 

      Sec. 80.  A distribution by a limited partnership must be shared among the partners on the basis of the value, as stated in the required records when the limited partnership decides to make the distribution, of the contributions the limited partnership has received from each partner.

      Sec. 81.  A partner does not have a right to any distribution before the dissolution and winding up of the limited partnership unless the limited partnership decides to make an interim distribution.

      Sec. 82.  A person does not have a right to receive a distribution on account of withdrawal.

      Sec. 83.  A partner does not have a right to demand or receive any distribution from a limited partnership in any form other than cash. Subject to subsection 2 of section 106 of this act, a limited partnership may distribute an asset in kind to the extent each partner receives a percentage of the asset equal to the partner’s share of distributions.

      Sec. 84.  When a partner or transferee becomes entitled to receive a distribution, the partner or transferee has the status of, and is entitled to all remedies available to, a creditor of the limited partnership with respect to the distribution. However, the limited partnership’s obligation to make a distribution is subject to offset for any amount owed to the limited partnership by the partner or withdrawn partner on whose account the distribution is made.

      Sec. 85.  1.  A limited partnership may not make a distribution in violation of the partnership agreement.

      2.  A limited partnership may not make a distribution if after the distribution:

      (a) The limited partnership would not be able to pay its debts as they become due in the ordinary course of the limited partnership’s activities; or

      (b) The limited partnership’s total assets would be less than the sum of its total liabilities plus the amount that would be needed, if the limited partnership were to be dissolved, wound up and terminated at the time of the distribution, to satisfy the preferential rights upon dissolution, winding up and termination of partners whose preferential rights are superior to those of persons receiving the distribution.

      3.  A limited partnership may base a determination that a distribution is not prohibited under subsection 2 on financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances or on a fair valuation or other method that is reasonable in the circumstances.

      4.  Except as otherwise provided in subsection 7, the effect of a distribution under subsection 2 is measured:

      (a) In the case of distribution by purchase, redemption or other acquisition of a transferable interest in the limited partnership, as of the date money or other property is transferred or debt incurred by the limited partnership; and

      (b) In all other cases, as of the date:

             (1) The distribution is authorized, if the payment occurs within 120 days after that date; or

             (2) The payment is made, if payment occurs more than 120 days after the distribution is authorized.

 


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ê2007 Statutes of Nevada, Page 462 (Chapter 146, SB 72)ê

 

      5.  A limited partnership’s indebtedness to a partner incurred by reason of a distribution made in accordance with this section is at parity with the limited partnership’s indebtedness to its general, unsecured creditors.

      6.  A limited partnership’s indebtedness, including indebtedness issued in connection with or as part of a distribution, is not considered a liability for purposes of subsection 2 if the terms of the indebtedness provide that payment of principal and interest are made only to the extent that a distribution could then be made to partners under this section.

      7.  If indebtedness is issued as a distribution, each payment of principal or interest on the indebtedness is treated as a distribution, the effect of which is measured on the date the payment is made.

      Sec. 86.  1.  A general partner that consents to a distribution made in violation of section 85 of this act is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation if it is established that in consenting to the distribution the general partner failed to comply with section 77 of this act.

      2.  A partner or transferee that received a distribution knowing that the distribution to that partner or transferee was made in violation of section 85 of this act is personally liable to the limited partnership but only to the extent that the distribution received by the partner or transferee exceeded the amount that could have been properly paid under section 85 of this act.

      3.  A general partner against which an action is commenced under subsection 1 may:

      (a) Implead in the action any other person that is liable under subsection 1 and compel contribution from the person; and

      (b) Implead in the action any person that received a distribution in violation of subsection 2 and compel contribution from the person in the amount the person received in violation of subsection 2.

      4.  An action under this section is barred if it is not commenced within 2 years after the distribution.

      Sec. 87.  1.  A person does not have a right to withdraw as a limited partner before the termination of the limited partnership.

      2.  A person is withdrawn from a limited partnership as a limited partner upon the occurrence of any of the following events:

      (a) The limited partnership’s having notice of the person’s express will to withdraw as a limited partner or on a later date specified by the person;

      (b) An event agreed to in the partnership agreement as causing the person’s withdrawal as a limited partner;

      (c) The person’s expulsion as a limited partner pursuant to the partnership agreement;

      (d) The person’s expulsion as a limited partner by the unanimous consent of the other partners if:

             (1) It is unlawful to carry on the limited partnership’s activities with the person as a limited partner;

             (2) There has been a transfer of all of the person’s transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the person’s interest, which has not been foreclosed;

 


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ê2007 Statutes of Nevada, Page 463 (Chapter 146, SB 72)ê

 

             (3) The person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a limited partner because it has filed a certificate of dissolution or the equivalent, its charter has been revoked or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or

             (4) The person is a limited-liability company or partnership that has been dissolved and whose business is being wound up;

      (e) On application by the limited partnership, the person’s expulsion as a limited partner by judicial order because:

             (1) The person engaged in wrongful conduct that adversely and materially affected the limited partnership’s activities;

             (2) The person willfully or persistently committed a material breach of the partnership agreement or of the obligation of good faith and fair dealing under subsection 2 of section 68 of this act; or

             (3) The person engaged in conduct relating to the limited partnership’s activities which makes it not reasonably practicable to carry on the activities with the person as limited partner;

      (f) In the case of a person who is a natural person, the person’s death;

      (g) In the case of a person that is a trust or is acting as a limited partner by virtue of being a trustee of a trust, distribution of the trust’s entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor trustee;

      (h) In the case of a person that is an estate or is acting as a limited partner by virtue of being a personal representative of an estate, distribution of the estate’s entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor personal representative;

      (i) Termination of a limited partner that is not a natural person, partnership, limited-liability company, corporation, trust or estate; or

      (j) The limited partnership’s participation in a conversion or merger if the limited partnership:

             (1) Is not the converted or surviving entity; or

             (2) Is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a limited partner.

      Sec. 88.  1.  Upon a person’s withdrawal as a limited partner:

      (a) Subject to section 97 of this act, the person does not have further rights as a limited partner;

      (b) The person’s obligation of good faith and fair dealing as a limited partner under subsection 2 of section 68 of this act continues only as to matters arising and events occurring before the withdrawal; and

      (c) Subject to section 97 of this act and the provisions of chapter 92A of NRS, any transferable interest owned by the person in the person’s capacity as a limited partner immediately before withdrawal is owned by the person as a mere transferee.

      2.  A person’s withdrawal as a limited partner does not of itself discharge the person from any obligation to the limited partnership or the other partners which the person incurred while a limited partner.

 


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ê2007 Statutes of Nevada, Page 464 (Chapter 146, SB 72)ê

 

      Sec. 89.  A person is withdrawn from a limited partnership as a general partner upon the occurrence of any of the following events:

      1.  The limited partnership’s having notice of the person’s express will to withdraw as a general partner or on a later date specified by the person;

      2.  An event agreed to in the partnership agreement as causing the person’s withdrawal as a general partner;

      3.  The person’s expulsion as a general partner pursuant to the partnership agreement;

      4.  The person’s expulsion as a general partner by the unanimous consent of the other partners if:

      (a) It is unlawful to carry on the limited partnership’s activities with the person as a general partner;

      (b) There has been a transfer of all or substantially all of the person’s transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the person’s interest, which has not been foreclosed;

      (c) The person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a general partner because it has filed a certificate of dissolution or the equivalent, its charter has been revoked or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or

      (d) The person is a limited-liability company or partnership that has been dissolved and whose business is being wound up;

      5.  On application by the limited partnership, the person’s expulsion as a general partner by judicial determination because:

      (a) The person engaged in wrongful conduct that adversely and materially affected the limited partnership activities;

      (b) The person willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under section 77 of this act; or

      (c) The person engaged in conduct relating to the limited partnership’s activities which makes it not reasonably practicable to carry on the activities of the limited partnership with the person as a general partner;

      6.  The person’s:

      (a) Becoming a debtor in bankruptcy;

      (b) Execution of an assignment for the benefit of creditors;

      (c) Seeking, consenting to or acquiescing in the appointment of a trustee, receiver or liquidator of the person or of all or substantially all of the person’s property; or

      (d) Failure, within 90 days after the appointment, to have vacated or stayed the appointment of a trustee, receiver or liquidator of the general partner or of all or substantially all of the person’s property obtained without the person’s consent or acquiescence, or failing within 90 days after the expiration of a stay to have the appointment vacated;

      7.  In the case of a person who is a natural person:

      (a) The person’s death;

      (b) The appointment of a guardian or general conservator for the person; or

 


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ê2007 Statutes of Nevada, Page 465 (Chapter 146, SB 72)ê

 

      (c) A judicial determination that the person has otherwise become incapable of performing the person’s duties as a general partner under the partnership agreement;

      8.  In the case of a person that is a trust or is acting as a general partner by virtue of being a trustee of a trust, distribution of the trust’s entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor trustee;

      9.  In the case of a person that is an estate or is acting as a general partner by virtue of being a personal representative of an estate, distribution of the estate’s entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor personal representative;

      10.  Termination of a general partner that is not a natural person, partnership, limited-liability company, corporation, trust or estate; or

      11.  The limited partnership’s participation in a conversion or merger under chapter 92A of NRS, if the limited partnership:

      (a) Is not the converted or surviving entity; or

      (b) Is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a general partner.

      Sec. 90.  1.  A person has the power to withdraw as a general partner at any time, rightfully or wrongfully, by express will pursuant to subsection 1 of section 89 of this act.

      2.  A person’s withdrawal as a general partner is wrongful only if:

      (a) It is in breach of an express provision of the partnership agreement; or

      (b) It occurs before the termination of the limited partnership, and:

             (1) The person withdraws as a general partner by express will;

             (2) The person is expelled as a general partner by judicial determination under subsection 5 of section 89 of this act;

             (3) The person is withdrawn as a general partner by becoming a debtor in bankruptcy; or

             (4) In the case of a person that is not a natural person, a trust other than a business trust or an estate, the person is expelled or otherwise withdrawn as a general partner because it willfully dissolved or terminated.

      3.  A person that wrongfully withdraws as a general partner is liable to the limited partnership and, subject to section 130 of this act, to the other partners for damages caused by the withdrawal. The liability is in addition to any other obligation of the general partner to the limited partnership or to the other partners.

      Sec. 91.  1.  Upon a person’s withdrawal as a general partner:

      (a) The person’s right to participate as a general partner in the management and conduct of the partnership’s activities terminates;

      (b) The person’s duty of loyalty as a general partner under paragraph (c) of subsection 2 of section 77 of this act terminates;

      (c) The person’s duty of loyalty as a general partner under paragraphs (a) and (b) of subsection 2 of section 77 of this act and duty of care under subsection 3 of section 77 of this act continue only with regard to matters arising and events occurring before the person’s withdrawal as a general partner;

 


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ê2007 Statutes of Nevada, Page 466 (Chapter 146, SB 72)ê

 

      (d) The person may sign and deliver to the Secretary of State for filing a certificate of withdrawal pertaining to the person and, at the request of the limited partnership, shall sign an amendment to the certificate of limited partnership which states that the person has withdrawn; and

      (e) Subject to section 97 of this act and the provisions of chapter 92A of NRS, any transferable interest owned by the person immediately before withdrawal in the person’s capacity as a general partner is owned by the person as a mere transferee.

      2.  A person’s withdrawal as a general partner does not of itself discharge the person from any obligation to the limited partnership or the other partners which the person incurred while a general partner.

      Sec. 92.  1.  After a person is withdrawn as a general partner and before the limited partnership is dissolved, converted under chapter 92A of NRS or merged out of existence under chapter 92A of NRS, the limited partnership is bound by an act of the person only if:

      (a) The act would have bound the limited partnership under section 71 of this act before the withdrawal; and

      (b) At the time the other party enters into the transaction:

             (1) Less than 2 years has passed since the withdrawal; and

             (2) The other party does not have notice of the withdrawal and reasonably believes that the person is a general partner.

      2.  If a limited partnership is bound under subsection 1, the person withdrawn as a general partner which caused the limited partnership to be bound is liable:

      (a) To the limited partnership for any damage caused to the limited partnership arising from the obligation incurred under subsection 1; and

      (b) If a general partner or another person withdrawn as a general partner is liable for the obligation, to the general partner or other person for any damage caused to the general partner or other person arising from the liability.

      Sec. 93.  1.  A person’s withdrawal as a general partner does not of itself discharge the person’s liability as a general partner for an obligation of the limited partnership incurred before withdrawal. Except as otherwise provided in subsections 2 and 3, the person is not liable for a limited partnership’s obligation incurred after withdrawal.

      2.  A person whose withdrawal as a general partner resulted in a dissolution and winding up of the limited partnership’s activities is liable to the same extent as a general partner under section 73 of this act on an obligation incurred by the limited partnership under section 101 of this act.

      3.  A person that has withdrawn as a general partner but whose withdrawal did not result in a dissolution and winding up of the limited partnership’s activities is liable on a transaction entered into by the limited partnership after the withdrawal only if:

      (a) A general partner would be liable on the transaction; and

      (b) At the time the other party enters into the transaction:

             (1) Less than 2 years has passed since the withdrawal; and

             (2) The other party does not have notice of the withdrawal and reasonably believes that the person is a general partner.

      4.  By agreement with a creditor of a limited partnership and the limited partnership, a person withdrawn as a general partner may be released from liability for an obligation of the limited partnership.

 


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ê2007 Statutes of Nevada, Page 467 (Chapter 146, SB 72)ê

 

      5.  A person withdrawn as a general partner is released from liability for an obligation of the limited partnership if the limited partnership’s creditor, with notice of the person’s withdrawal as a general partner but without the person’s consent, agrees to a material alteration in the nature or time of payment of the obligation.

      Sec. 94.  The only interest of a partner which is transferable is the partner’s transferable interest. A transferable interest is personal property.

      Sec. 95.  1.  A transfer, in whole or in part, of a partner’s transferable interest:

      (a) Is permissible;

      (b) Does not by itself cause the partner’s withdrawal or a dissolution and winding up of the limited partnership’s activities; and

      (c) Does not, as against the other partners or the limited partnership, entitle the transferee to participate in the management or conduct of the limited partnership’s activities, to require access to information concerning the limited partnership’s transactions except as otherwise provided in subsection 3, or to inspect or copy the required information or the limited partnership’s other records.

      2.  A transferee has a right to receive, in accordance with the transfer:

      (a) Distributions to which the transferor would otherwise be entitled; and

      (b) Upon the dissolution and winding up of the limited partnership’s activities the net amount otherwise distributable to the transferor.

      3.  In a dissolution and winding up, a transferee is entitled to an account of the limited partnership’s transactions only from the date of dissolution.

      4.  Upon transfer, the transferor retains the rights of a partner other than the interest in distributions transferred and retains all duties and obligations of a partner.

      5.  A limited partnership need not give effect to a transferee’s rights under this section until the limited partnership has notice of the transfer.

      6.  A transfer of a partner’s transferable interest in the limited partnership in violation of a restriction on transfer contained in the partnership agreement is ineffective as to a person having notice of the restriction at the time of transfer.

      7.  A transferee that becomes a partner with respect to a transferable interest is liable for the transferor’s obligations under sections 79 and 86 of this act. However, the transferee is not obligated for liabilities unknown to the transferee at the time the transferee became a partner.

      Sec. 96.  1.  On application to a court of competent jurisdiction by any judgment creditor of a partner or transferee, the court may charge the transferable interest of the judgment debtor with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of a transferee. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts and inquiries the judgment debtor might have made or which the circumstances of the case may require to give effect to the charging order.

 


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ê2007 Statutes of Nevada, Page 468 (Chapter 146, SB 72)ê

 

      2.  A charging order constitutes a lien on the judgment debtor’s transferable interest. The court may order a foreclosure upon the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee.

      3.  At any time before foreclosure, an interest charged may be redeemed:

      (a) By the judgment debtor;

      (b) With property other than limited partnership property, by one or more of the other partners; or

      (c) With limited partnership property, by the limited partnership with the consent of all partners whose interests are not so charged.

      4.  This chapter does not deprive any partner or transferee of the benefit of any exemption laws applicable to the partner’s or transferee’s transferable interest.

      5.  This section provides the exclusive remedy by which a judgment creditor of a partner or transferee may satisfy a judgment out of the judgment debtor’s transferable interest.

      Sec. 97.  If a partner dies, the deceased partner’s personal representative or other legal representative may exercise the rights of a transferee as provided in section 95 of this act and, for the purposes of settling the estate, may exercise the rights of a current limited partner under section 67 of this act.

      Sec. 98.  Except as otherwise provided in section 99 of this act, a limited partnership is dissolved, and its activities must be wound up, only upon the occurrence of any of the following:

      1.  The happening of an event specified in the partnership agreement;

      2.  The consent of all general partners and of limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective;

      3.  After the withdrawal of a person as a general partner:

      (a) If the limited partnership has at least one remaining general partner, the consent to dissolve the limited partnership given within 90 days after the withdrawal by partners owning a majority of the rights to receive distributions as partners at the time the consent is to be effective; or

      (b) If the limited partnership does not have a remaining general partner, the passage of 90 days after the withdrawal, unless before the end of the period:

             (1) Consent to continue the activities of the limited partnership and admit at least one general partner is given by limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective; and

             (2) At least one person is admitted as a general partner in accordance with the consent; or

      4.  The passage of 90 days after the withdrawal of the limited partnership’s last limited partner, unless before the end of the period the limited partnership admits at least one limited partner.

      Sec. 99.  On application by a partner the district court may order dissolution of a limited partnership if it is not reasonably practicable to carry on the activities of the limited partnership in conformity with the partnership agreement.

 


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ê2007 Statutes of Nevada, Page 469 (Chapter 146, SB 72)ê

 

      Sec. 100.  1.  A limited partnership continues after dissolution only for the purpose of winding up its activities.

      2.  In winding up its activities, the limited partnership:

      (a) May amend its certificate of limited partnership to state that the limited partnership is dissolved, preserve the limited partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal or administrative, transfer the limited partnership’s property, settle disputes by mediation or arbitration, file a certificate of cancellation as provided in section 49 of this act and perform other necessary acts; and

      (b) Shall discharge the limited partnership’s liabilities, settle and close the limited partnership’s activities and marshal and distribute the assets of the partnership.

      3.  If a dissolved limited partnership does not have a general partner, a person to wind up the dissolved limited partnership’s activities may be appointed by the consent of limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective. A person appointed under this subsection:

      (a) Has the powers of a general partner under section 101 of this act; and

      (b) Shall promptly amend the certificate of limited partnership to state:

             (1) That the limited partnership does not have a general partner;

             (2) The name of the person that has been appointed to wind up the limited partnership; and

             (3) The street and mailing address of the person.

      4.  On the application of any partner, the district court may order judicial supervision of the winding up, including the appointment of a person to wind up the dissolved limited partnership’s activities, if:

      (a) A limited partnership does not have a general partner and within a reasonable time following the dissolution no person has been appointed pursuant to subsection 3; or

      (b) The applicant establishes other good cause.

      Sec. 101.  1.  A limited partnership is bound by a general partner’s act after dissolution which:

      (a) Is appropriate for winding up the limited partnership’s activities; or

      (b) Would have bound the limited partnership under section 71 of this act before dissolution, if, at the time the other party enters into the transaction, the other party does not have notice of the dissolution.

      2.  A person withdrawn as a general partner binds a limited partnership through an act occurring after dissolution if:

      (a) At the time the other party enters into the transaction:

             (1) Less than 2 years has passed since the withdrawal; and

             (2) The other party does not have notice of the withdrawal and reasonably believes that the person is a general partner; and

      (b) The act:

             (1) Is appropriate for winding up the limited partnership’s activities; or

             (2) Would have bound the limited partnership under section 71 of this act before dissolution and at the time the other party enters into the transaction the other party does not have notice of the dissolution.

 


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      Sec. 102.  1.  If a general partner having knowledge of the dissolution causes a limited partnership to incur an obligation under subsection 1 of section 101 of this act by an act that is not appropriate for winding up the partnership’s activities, the general partner is liable:

      (a) To the limited partnership for any damage caused to the limited partnership arising from the obligation; and

      (b) If another general partner or a person withdrawn as a general partner is liable for the obligation, to that other general partner or person for any damage caused to that other general partner or person arising from the liability.

      2.  If a person withdrawn as a general partner causes a limited partnership to incur an obligation under subsection 2 of section 101 of this act, the person is liable:

      (a) To the limited partnership for any damage caused to the limited partnership arising from the obligation; and

      (b) If a general partner or another person withdrawn as a general partner is liable for the obligation, to the general partner or other person for any damage caused to the general partner or other person arising from the liability.

      Sec. 103.  1.  A dissolved limited partnership may dispose of the known claims against it by following the procedure described in subsection 2.

      2.  A dissolved limited partnership may notify its known claimants of the dissolution in a record. The notice must:

      (a) Specify the information required to be included in a claim;

      (b) Provide a mailing address to which the claim is to be sent;

      (c) State the deadline for receipt of the claim, which may not be less than 120 days after the date the notice is received by the claimant;

      (d) State that the claim will be barred if not received by the deadline; and

      (e) Unless the limited partnership has been throughout its existence a registered limited-liability limited partnership, state that the barring of a claim against the limited partnership will also bar any corresponding claim against any general partner or person withdrawn as a general partner which is based on section 73 of this act.

      3.  A claim against a dissolved limited partnership is barred if the requirements of subsection 2 are met and:

      (a) The claim is not received by the specified deadline; or

      (b) In the case of a claim that is timely received but rejected by the dissolved limited partnership, the claimant does not commence an action to enforce the claim against the limited partnership within 90 days after the receipt of the notice of the rejection.

      4.  This section does not apply to a claim based on an event occurring after the effective date of dissolution or a liability that is contingent on that date.

      Sec. 104.  1.  A dissolved limited partnership may publish notice of its dissolution and request persons having claims against the limited partnership to present them in accordance with the notice.

 


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      2.  The notice must:

      (a) Be published at least once in a newspaper of general circulation in the county in which the dissolved limited partnership’s principal office is located or, if it has none in this State, in the county in which the limited partnership’s designated office is or was last located;

      (b) Describe the information required to be contained in a claim and provide a mailing address to which the claim is to be sent;

      (c) State that a claim against the limited partnership is barred unless an action to enforce the claim is commenced within 5 years after publication of the notice; and

      (d) Unless the limited partnership has been throughout its existence a registered limited-liability limited partnership, state that the barring of a claim against the limited partnership will also bar any corresponding claim against any general partner or person withdrawn as a general partner which is based on section 73 of this act.

      3.  If a dissolved limited partnership publishes a notice in accordance with subsection 2, the claim of each of the following claimants is barred unless the claimant commences an action to enforce the claim against the dissolved limited partnership within 5 years after the publication date of the notice:

      (a) A claimant that did not receive notice in a record under section 103 of this act;

      (b) A claimant whose claim was timely sent to the dissolved limited partnership but not acted on; and

      (c) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.

      4.  A claim not barred under this section may be enforced:

      (a) Against the dissolved limited partnership, to the extent of its undistributed assets;

      (b) If the assets have been distributed in liquidation, against a partner or transferee to the extent of that person’s proportionate share of the claim or the limited partnership’s assets distributed to the partner or transferee in liquidation, whichever is less, but a person’s total liability for all claims under this paragraph does not exceed the total amount of assets distributed to the person as part of the winding up of the dissolved limited partnership; or

      (c) Against any person liable on the claim under section 73 of this act.

      Sec. 105.  If a claim against a dissolved limited partnership is barred under section 103 or 104 of this act, any corresponding claim under section 73 of this act is also barred.

      Sec. 106.  1.  In winding up a limited partnership’s activities, the assets of the limited partnership, including the contributions required by this section, must be applied to satisfy the limited partnership’s obligations to creditors, including, to the extent permitted by law, partners that are creditors.

      2.  Any surplus remaining after the limited partnership complies with subsection 1 must be paid in cash as a distribution.

      3.  If a limited partnership’s assets are insufficient to satisfy all of its obligations under subsection 1, with respect to each unsatisfied obligation incurred when the limited partnership was not a limited-liability limited partnership, the following rules apply:

 


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      (a) Each person that was a general partner when the obligation was incurred and that has not been released from the obligation under section 93 of this act shall contribute to the limited partnership for the purpose of enabling the limited partnership to satisfy the obligation. The contribution due from each of those persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those persons when the obligation was incurred.

      (b) If a person does not contribute the full amount required under paragraph (a) with respect to an unsatisfied obligation of the limited partnership, the other persons required to contribute by paragraph (a) on account of the obligation shall contribute the additional amount necessary to discharge the obligation. The additional contribution due from each of those other persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those other persons when the obligation was incurred.

      (c) If a person does not make the additional contribution required by paragraph (b), further additional contributions are determined and due in the same manner as provided in that paragraph.

      4.  A person that makes an additional contribution under paragraph (b) or (c) of subsection 3 may recover from any person whose failure to contribute under paragraph (a) or (b) of subsection 3 necessitated the additional contribution. A person may not recover under this subsection more than the amount additionally contributed. A person’s liability under this subsection may not exceed the amount the person failed to contribute.

      5.  The estate of a deceased natural person is liable for the person’s obligations under this section.

      6.  An assignee for the benefit of creditors of a limited partnership or a partner, or a person appointed by a court to represent creditors of a limited partnership or a partner, may enforce a person’s obligation to contribute under subsection 3.

      Sec. 107.  Subject to the constitution of this State:

      1.  The laws of the state or jurisdiction under which a foreign limited partnership is organized govern:

      (a) Relations among the partners of the foreign limited partnership and between the partners and the foreign limited partnership; and

      (b) The liability of partners as partners for an obligation of the foreign limited partnership; and

      2.  A foreign limited partnership may not be denied registration by reason of any difference between those laws and the laws of this State.

      Sec. 108.  Before transacting business in this State, a foreign limited partnership shall register with the Secretary of State. In order to register, a foreign limited partnership shall submit to the Secretary of State an application for registration as a foreign limited partnership, signed by a general partner, a signed certificate of acceptance of a resident agent and a certificate of existence or another record of similar import signed by the governmental official having custody of the foreign limited partnership’s publicly filed records in the state or other jurisdiction under whose law the foreign limited partnership is organized. The application for registration must set forth:

      1.  The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this State;

 


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      2.  The state or jurisdiction under whose law the foreign limited partnership is organized and the date of its organization;

      3.  The name and street address of the resident agent whom the foreign limited partnership elects to appoint;

      4.  A statement that the Secretary of State is appointed the agent of the foreign limited partnership for service of process if the resident agent’s authority has been revoked or if the resident agent cannot be found or served with the exercise of reasonable diligence;

      5.  The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership;

      6.  The name and business address of each general partner; and

      7.  The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this State is cancelled or withdrawn.

      Sec. 109.  1.  If the Secretary of State finds that an application for registration filed by a foreign limited partnership conforms to law and all requisite fees have been paid, he shall issue a certificate of registration to transact business in this State and mail it to the person who filed the application or his representative.

      2.  A certificate of registration does not authorize a foreign limited partnership to engage in any business or exercise any power that a limited partnership may not engage in or exercise in this State.

      Sec. 110.  Except as otherwise provided in section 129 of this act, a foreign limited partnership may register with the Secretary of State under any name, whether or not it is the name under which it is registered in its state of organization, that includes without abbreviation the words “limited partnership” and that could be registered by a domestic limited partnership.

      Sec. 111.  If any statement in the application for registration of a foreign limited partnership was false when made or any arrangements or other facts described have changed, making the application inaccurate in any respect, the foreign limited partnership shall promptly file in the Office of the Secretary of State a certificate, signed and sworn to by a general partner, correcting such statement.

      Sec. 112.  1.  Each foreign limited partnership doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited partnership with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:

      (a) The name of the foreign limited partnership;

      (b) The file number of the foreign limited partnership, if known;

      (c) The names of all its general partners;

      (d) The address, either residence or business, of each general partner;

      (e) The name and street address of its lawfully designated resident agent in this State; and

      (f) The signature of a general partner of the foreign limited partnership certifying that the list is true, complete and accurate.

 


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      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that the foreign limited partnership:

      (a) Has complied with the provisions of NRS 360.780; and

      (b) Acknowledges that pursuant to NRS 239.330 it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.

      4.  If a general partner of a foreign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each foreign limited partnership, which is required to comply with the provisions of sections 112 to 119, inclusive, of this act and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any foreign limited partnership to receive the forms does not excuse it from the penalty imposed by the provisions of sections 112 to 119, inclusive, of this act.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date must be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      Sec. 113.  1.  At the time of submitting any list required pursuant to section 112 of this act, a foreign limited partnership that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A foreign limited partnership must submit a statement pursuant to this section if the foreign limited partnership, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the foreign limited partnership within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the foreign limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

 


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             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the foreign limited partnership being fined or otherwise penalized or which resulted in the foreign limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A foreign limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the foreign limited partnership and whether the foreign limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.

      Sec. 114.  If a foreign limited partnership has filed the initial or annual list in compliance with section 112 of this act and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign limited partnership constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

      Sec. 115.  1.  Each list required to be filed under the provisions of sections 112 to 119, inclusive, of this act must, after the name of each managing partner listed thereon, set forth the address, either residence or business, of each managing partner.

      2.  If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the foreign limited partnership for which the list has been offered for filing is subject to all the provisions of sections 112 to 119, inclusive, of this act relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.

      Sec. 116.  1.  Each foreign limited partnership which is required to make a filing and pay the fee prescribed in sections 112 to 119, inclusive, of this act and which refuses or neglects to do so within the time provided is in default.

      2.  For default there must be added to the amount of the fee a penalty of $75 and unless the filing is made and the fee and penalty are paid on or before the last day of the month in which the anniversary date of the foreign limited partnership occurs, the defaulting foreign limited partnership by reason of its default forfeits its right to transact any business within this State.

 


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foreign limited partnership occurs, the defaulting foreign limited partnership by reason of its default forfeits its right to transact any business within this State. The fee and penalty must be collected as provided in this chapter.

      Sec. 117.  1.  The Secretary of State shall notify, by providing written notice to its resident agent, each foreign limited partnership deemed in default pursuant to section 116 of this act. The written notice:

      (a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.

      (b) At the request of the resident agent, may be provided electronically.

      2.  Immediately after the last day of the month in which the anniversary date of the filing of the certificate of limited partnership occurs, the Secretary of State shall compile a complete list containing the names of all foreign limited partnerships whose right to transact business has been forfeited.

      3.  The Secretary of State shall notify, by providing written notice to its resident agent, each foreign limited partnership specified in subsection 2 of the forfeiture of its right to transact business. The written notice:

      (a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.

      (b) At the request of the resident agent, may be provided electronically.

      Sec. 118.  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited partnership its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by section 112 of this act;

             (2) The statement required by section 113 of this act, if applicable; and

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

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in sections 112 and 116 of this act for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in section 113 of this act, if applicable; and

             (3) A fee of $300 for reinstatement.

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

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to section 63 of this act.

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

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

 


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      5.  If the right of a foreign limited partnership to transact business in this State is reinstated pursuant to this section, the reinstatement relates back to and takes effect on the effective date of the revocation, and the foreign limited partnership’s status as a foreign limited partnership continues as if the revocation had never occurred.

      Sec. 119.  1.  Except as otherwise provided in subsection 2, if a foreign limited partnership applies to reinstate its certificate of registration and its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign limited partnership must in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the foreign limited partnership under that new name.

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

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

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

      Sec. 120.  A foreign limited partnership may cancel its registration by filing with the Secretary of State a certificate of cancellation signed by a general partner. The certificate must set forth:

      1.  The name of the foreign limited partnership;

      2.  The reason for filing the certificate of cancellation;

      3.  The effective date of the cancellation if other than the date of the filing of the certificate, which must not be more than 90 days after the certificate is filed; and

      4.  Any other information deemed necessary by the general partners of the partnership.

Ê A cancellation does not terminate the authority of the Secretary of State to accept service of process on the foreign limited partnership with respect to causes of action arising out of the transactions of business in this State.

      Sec. 121.  1.  A foreign limited partnership transacting business in this State may not maintain any action, suit or proceeding in any court of this State until it has registered in this State.

      2.  The failure of a foreign limited partnership to register in this State does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit or proceeding in any court of this State.

      3.  A limited partner of a foreign limited partnership is not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this State without registration.

 


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      4.  A foreign limited partnership, by transacting business in this State without registration, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State.

      Sec. 122.  1.  For the purposes of sections 107 to 124, inclusive, of this act, the following activities do not constitute transacting business in this State:

      (a) Maintaining, defending or settling any proceeding;

      (b) Holding meetings of the managers or members or carrying on other activities concerning internal company affairs;

      (c) Maintaining accounts in banks or credit unions;

      (d) Maintaining offices or agencies for the transfer, exchange and registration of the company’s own securities or maintaining trustees or depositaries with respect to those securities;

      (e) Making sales through independent contractors;

      (f) Soliciting or receiving orders outside this State through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside this State and filling them by shipping goods into this State;

      (g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

      (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

      (i) Owning, without more, real or personal property;

      (j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

      (k) The production of motion pictures as defined in NRS 231.020;

      (l) Transacting business as an out-of-state depository institution pursuant to the provisions of title 55 of NRS; and

      (m) Transacting business in interstate commerce.

      2.  The list of activities in subsection 1 is not exhaustive.

      3.  A person who is not transacting business in this State within the meaning of this section need not qualify or comply with any provision of this chapter, title 55 or 56 of NRS or chapter 645A, 645B or 645E of NRS unless he:

      (a) Maintains an office in this State for the transaction of business; or

      (b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666 or 666A of NRS.

      4.  The fact that a person is not transacting business in this State within the meaning of this section:

      (a) Does not affect the determination of whether any court, administrative agency or regulatory body in this State may exercise personal jurisdiction over the person in any civil action, criminal action, administrative proceeding or regulatory proceeding; and

      (b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not transacting business in this State, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597, 598 or 598A of NRS.

 


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      5.  As used in this section, “deposits” means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.

      Sec. 123.  1.  For the purposes of section 122 of this act, a solicitation of a deposit is made in this State, whether or not either party is present in this State, if the solicitation:

      (a) Originates in this State; or

      (b) Is directed by the solicitor to a destination in this State and received where it is directed, or at a post office in this State if the solicitation is mailed.

      2.  A solicitation of a deposit is accepted in this State if acceptance:

      (a) Is communicated to the solicitor in this State; and

      (b) Has not previously been communicated to the solicitor, orally or in writing, outside this State.

Ê Acceptance is communicated to the solicitor in this State, whether or not either party is present in this State, if the depositor directs it to the solicitor reasonably believing the solicitor to be in this State and it is received where it is directed, or at any post office in this State if the acceptance is mailed.

      3.  A solicitation made in a newspaper or other publication of general, regular and paid circulation is not made in this State if the publication:

      (a) Is not published in this State; or

      (b) Is published in this State but has had more than two-thirds of its circulation outside this State during the 12 months preceding the solicitation.

Ê If a publication is published in editions, each edition is a separate publication except for material common to all editions.

      4.  A solicitation made in a radio or television program or other electronic communication received in this State which originates outside this State is not made in this State. A radio or television program or other electronic communication shall be deemed to have originated in this State if the broadcast studio or origin of the source of transmission is located within the State, unless:

      (a) The program or communication is syndicated and distributed from outside this State for redistribution to the general public in this State;

      (b) The program is supplied by a radio, television or other electronic network whose electronic signal originates outside this State for redistribution to the general public in this State;

      (c) The program or communication is an electronic signal that originates outside this State and is captured for redistribution to the general public in this State by a community antenna or cable, radio, cable television or other electronic system; or

      (d) The program or communication consists of an electronic signal which originates within this State, but which is not intended for redistribution to the general public in this State.

      Sec. 124.  The Attorney General may bring an action to restrain a foreign limited partnership from transacting business in this State in violation of sections 107 to 124, inclusive, of this act.

      Sec. 125.  1.  To become a registered limited-liability limited partnership, a limited partnership shall file with the Secretary of State a certificate of registration stating each of the following:

      (a) The name of the limited partnership.

      (b) The street address of its principal office.

 


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

      (d) The name and business address of each organizer signing the certificate.

      (e) The name and business address of each initial general partner.

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

      (g) Any other information that the limited partnership wishes to include.

      2.  The certificate of registration must be signed by the vote necessary to amend the partnership agreement or, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions.

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

      4.  The registration of a registered limited-liability limited partnership is effective on the later of the filing of the certificate of registration or a date specified in the certificate of registration.

      Sec. 126.  1.  The name proposed for a registered limited-liability limited partnership must contain the words “Limited-Liability Limited Partnership” or “Registered Limited-Liability Limited Partnership” or the abbreviation “L.L.L.P.” or “LLLP” as the last words or letters of the name and must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name of the registered limited-liability limited partnership on a certificate of registration of limited-liability limited partnership submitted to the Secretary of State is not distinguishable from any name on file or reserved name, the Secretary of State shall return the certificate to the person who signed it, unless the written, acknowledged consent to the same name of the holder of the name on file or reserved name to use the name accompanies the certificate.

      2.  The Secretary of State shall not accept for filing any certificate of registration or any certificate of amendment of a certificate of registration of any registered limited-liability limited partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability limited partnership contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the certificate of registration or certificate of amendment that the purpose of the registered limited-liability limited partnership is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the registered limited-liability limited partnership has:

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

 


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      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

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

      4.  The name of a registered limited-liability limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

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

      Sec. 127.  The registration of a registered limited-liability limited partnership is effective until:

      1.  Its certificate of registration is revoked pursuant to section 61 of this act; or

      2.  The registered limited-liability limited partnership files with the Secretary of State a notice of withdrawal signed by a general partner. The notice must be accompanied by a fee of $60.

      Sec. 128.  The status of a limited partnership as a registered limited-liability limited partnership, and the liability of its partners, are not affected by errors in the information contained in a certificate of registration or an annual list required to be filed with the Secretary of State, or by changes after the filing of such a certificate or list in the information contained in the certificate or list.

      Sec. 129.  The name of a foreign registered limited-liability limited partnership that is doing business in this State must contain the words “Limited-Liability Limited Partnership” or “Registered Limited-Liability Limited Partnership” or the abbreviations “L.L.L.P.” or “LLLP,” or such other words or abbreviations as may be required or authorized by the laws of the other jurisdiction, as the last words or letters of the name.

      Sec. 130.  1.  Subject to subsection 2, a partner may maintain a direct action against the limited partnership or another partner for legal or equitable relief, with or without an accounting as to the partnership’s activities, to enforce the rights and otherwise protect the interests of the partner, including rights and interests under the partnership agreement or this chapter or arising independently of the partnership relationship.

      2.  A partner commencing a direct action under this section is required to plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited partnership.

      3.  The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

      Sec. 131.  A partner may maintain a derivative action to enforce a right of a limited partnership if:

      1.  The partner first makes a demand on the general partners, requesting that they cause the limited partnership to bring an action to enforce the right, and the general partners do not bring the action within a reasonable time; or

      2.  A demand would be futile.

 


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      Sec. 132.  A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:

      1.  That was a partner when the conduct giving rise to the action occurred; or

      2.  Whose status as a partner devolved upon the person by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.

      Sec. 133.  In a derivative action, the complaint must state with particularity:

      1.  The date and content of plaintiff’s demand and the general partners’ response to the demand; or

      2.  Why demand should be excused as futile.

      Sec. 134.  1.  Except as otherwise provided in subsection 2:

      (a) Any proceeds or other benefits of a derivative action, whether by judgment, compromise or settlement, belong to the limited partnership and not to the derivative plaintiff.

      (b) If the derivative plaintiff receives any proceeds, the derivative plaintiff shall immediately remit them to the limited partnership.

      2.  If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney’s fees, from the recovery of the limited partnership.

      Sec. 135.  In applying and construing the Uniform Limited Partnership Act (2001), 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. 136.  This chapter modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but this chapter does not modify, limit or supersede Section 101(c) of that Act or authorize electronic delivery of any of the notices described in Section 103(b) of that Act.

      Sec. 137.  1.  A limited partnership formed under any statute of this State prior to July 1, 1931, may become a limited partnership under this chapter by complying with the provisions of this chapter if the certificate sets forth:

      (a) The amount of the original contribution of each limited partner, and the time when the contribution was made; and

      (b) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners.

      2.  A limited partnership formed under any statute of this State prior to July 1, 1931, until or unless it becomes a limited partnership under this chapter or chapter 88 of NRS, shall continue to be governed by the provisions of chapter 60, Laws of Nevada Territory 1862, entitled “An Act to Authorize the Formation of Limited Partnerships,” approved December 19, 1862, except that such a partnership must not be renewed unless so provided in the original agreement.

      Sec. 138.  To the extent permitted by the law of that jurisdiction, a limited partnership formed and existing under this chapter may conduct its business, carry on its operations and exercise the powers granted by this chapter in any state, territory, district or possession of the United States or in any foreign country.

 


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      Sec. 139.  Chapter 88 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter apply to a limited partnership:

      1.  Which was formed before October 1, 2007, and which does not voluntarily elect to be governed by the provisions of sections 2 to 138, inclusive, of this act; or

      2.  Which is formed on or after October 1, 2007, and which voluntarily elects to be governed by the provisions of this chapter.

      Sec. 140.  NRS 88.640 is hereby amended to read as follows:

      88.640  1.  A limited partnership formed under any statute of this State prior to July 1, 1931, may become a limited partnership under this chapter by complying with the provisions of this chapter if the certificate sets forth:

      (a) The amount of the original contribution of each limited partner, and the time when the contribution was made; and

      (b) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners.

      2.  A limited partnership formed under any statute of this State prior to July 1, 1931, until or unless it becomes a limited partnership under this chapter [,] or sections 2 to 138, inclusive, of this act, shall continue to be governed by the provisions of chapter 60, Laws of Nevada Territory 1862, entitled “An Act to Authorize the Formation of Limited Partnerships,” approved December 19, 1862, except that such a partnership must not be renewed unless so provided in the original agreement.

      Sec. 141.  NRS 88.645 is hereby amended to read as follows:

      88.645  Except as affecting existing limited partnerships to the extent set forth in NRS 88.640 [,] and section 137 of this act, chapter 60, Laws of Nevada Territory 1862, entitled “An Act to Authorize the Formation of Limited Partnerships,” approved December 19, 1862, is hereby repealed.

      Sec. 142.  NRS 92A.035 is hereby amended to read as follows:

      92A.035  “Domestic limited partnership” means a limited partnership organized and existing under chapter 88 of NRS [.] or sections 2 to 138, inclusive, of this act.

      Sec. 143.  NRS 92A.200 is hereby amended to read as follows:

      92A.200  1.  After a plan of merger or exchange is approved as required by this chapter, the surviving or acquiring entity shall deliver to the Secretary of State for filing articles of merger or exchange setting forth:

      (a) The name and jurisdiction of organization of each constituent entity;

      (b) That a plan of merger or exchange has been adopted by each constituent entity or the parent domestic entity only, if the merger is pursuant to NRS 92A.180;

      (c) If approval of the owners of one or more constituent entities was not required, a statement to that effect and the name of each entity;

      (d) If approval of owners of one or more constituent entities was required, the name of each entity and a statement for each entity that the plan was approved by the required consent of the owners;

 


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      (e) In the case of a merger, the amendment, if any, to the charter document of the surviving entity, which amendment may be set forth in the articles of merger as a specific amendment or in the form of an amended and restated charter document or attached in that form as an exhibit; and

      (f) If the entire plan of merger or exchange is not set forth, a statement that the complete signed plan of merger or plan of exchange is on file at the registered office if a corporation, limited-liability company or business trust, or office described in paragraph (a) of subsection 1 of NRS 88.330 or paragraph (a) of subsection 1 of section 43 of this act if a limited partnership, or other place of business of the surviving entity or the acquiring entity, respectively.

      2.  Any of the terms of the plan of merger, conversion or exchange may be made dependent upon facts ascertainable outside of the plan of merger, conversion or exchange, provided that the plan of merger, conversion or exchange clearly and expressly sets forth the manner in which such facts shall operate upon the terms of the plan. As used in this section, the term “facts” includes, without limitation, the occurrence of an event, including a determination or action by a person or body, including a constituent entity.

      Sec. 144.  NRS 92A.205 is hereby amended to read as follows:

      92A.205  1.  After a plan of conversion is approved as required by this chapter, if the resulting entity is a domestic entity, the constituent entity shall deliver to the Secretary of State for filing:

      (a) Articles of conversion setting forth:

             (1) The name and jurisdiction of organization of the constituent entity and the resulting entity; and

             (2) That a plan of conversion has been adopted by the constituent entity in compliance with the law of the jurisdiction governing the constituent entity.

      (b) The charter document of the domestic resulting entity required by the applicable provisions of chapter 78, 78A, 82, 86, 88, 88A or 89 of NRS [.] or sections 2 to 138, inclusive, of this act.

      (c) A certificate of acceptance of appointment of a resident agent for the resulting entity which is signed by the resident agent.

      2.  After a plan of conversion is approved as required by this chapter, if the resulting entity is a foreign entity, the constituent entity shall deliver to the Secretary of State for filing articles of conversion setting forth:

      (a) The name and jurisdiction of organization of the constituent entity and the resulting entity;

      (b) That a plan of conversion has been adopted by the constituent entity in compliance with the laws of this State; and

      (c) The address of the resulting entity where copies of process may be sent by the Secretary of State.

      3.  If the entire plan of conversion is not set forth in the articles of conversion, the filing party must include in the articles of conversion a statement that the complete signed plan of conversion is on file at the registered office or principal place of business of the resulting entity or, if the resulting entity is a domestic limited partnership, the office described in paragraph (a) of subsection 1 of NRS 88.330 [.] or paragraph (a) of subsection 1 of section 43 of this act.

 


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      4.  If the conversion takes effect on a later date specified in the articles of conversion pursuant to NRS 92A.240, the charter document to be filed with the Secretary of State pursuant to paragraph (b) of subsection 1 must state the name and the jurisdiction of the constituent entity and that the existence of the resulting entity does not begin until the later date.

      5.  Any records filed with the Secretary of State pursuant to this section must be accompanied by the fees required pursuant to this title for filing the charter document.

      Sec. 145.  NRS 116.11085 is hereby amended to read as follows:

      116.11085  If a matter governed by this chapter is also governed by chapter 78, 81, 82, 86, 87, 88 or 88A of NRS or sections 2 to 138, inclusive, of this act and there is a conflict between the provisions of this chapter and the provisions of those other chapters, the provisions of this chapter prevail.

      Sec. 146.  NRS 116.3101 is hereby amended to read as follows:

      116.3101  1.  A unit-owners’ association must be organized no later than the date the first unit in the common-interest community is conveyed.

      2.  The membership of the association at all times consists exclusively of all units’ owners or, following termination of the common-interest community, of all owners of former units entitled to distributions of proceeds under NRS 116.2118, 116.21183 and 116.21185, or their heirs, successors or assigns.

      3.  The association must:

      (a) Be organized as a profit or nonprofit corporation, association, limited-liability company, trust or partnership;

      (b) Include in its articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents of organization, or any amendment thereof, that the purpose of the corporation, association, limited-liability company, trust or partnership is to operate as an association pursuant to this chapter;

      (c) Contain in its name the words “common-interest community,” “community association,” “master association,” “homeowners’ association” or “unit-owners’ association”; and

      (d) Comply with the applicable provisions of chapters 78, 81, 82, 86, 87, 88 and 88A of NRS and sections 2 to 138, inclusive, of this act when filing with the Secretary of State its articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents of organization, or any amendment thereof.

      Sec. 147.  NRS 116.31155 is hereby amended to read as follows:

      116.31155  1.  Except as otherwise provided in subsection 2, an association shall:

      (a) If the association is required to pay the fee imposed by NRS 78.150, 82.193, 86.263, 87.541 or 88.591, or section 112 of this act, pay to the Administrator a fee established by regulation of the Administrator for every unit in the association used for residential use.

      (b) If the association is organized as a trust or partnership, or as any other authorized business entity, pay to the Administrator a fee established by regulation of the Administrator for each unit in the association.

 


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      2.  If an association is subject to the governing documents of a master association, the master association shall pay the fees required pursuant to this section for each unit in the association that is subject to the governing documents of the master association, unless the governing documents of the master association provide otherwise. The provisions of this subsection do not relieve any association that is subject to the governing documents of a master association from its ultimate responsibility to pay the fees required pursuant to this section to the Administrator if they are not paid by the master association.

      3.  The fees required to be paid pursuant to this section must be:

      (a) Paid at such times as are established by the Division.

      (b) Deposited with the State Treasurer for credit to the Account for Common-Interest Communities created by NRS 116.630.

      (c) Established on the basis of the actual costs of administering the Office of the Ombudsman and the Commission and not on a basis which includes any subsidy beyond those actual costs. In no event may the fees required to be paid pursuant to this section exceed $3 per unit.

      4.  The Division shall impose an administrative penalty against an association or master association that violates the provisions of this section by failing to pay the fees owed by the association or master association within the times established by the Division. The administrative penalty that is imposed for each violation must equal 10 percent of the amount of the fees owed by the association or master association or $500, whichever amount is less. The amount of the unpaid fees owed by the association or master association bears interest at the rate set forth in NRS 99.040 from the date the fees are due until the date the fees are paid in full.

      5.  A unit’s owner may not be required to pay any portion of the fees or any administrative penalties or interest required to be paid pursuant to this section to both an association and a master association.

      6.  An association that is subject to the governing documents of a master association may not be required to pay any portion of the fees or any administrative penalties or interest required to be paid pursuant to this section to the extent they have already been paid by the master association.

      7.  A master association may not be required to pay any portion of the fees or any administrative penalties or interest required to be paid pursuant to this section to the extent they have already been paid by an association that is subject to the governing documents of the master association.

      8.  Upon the payment of the fees and any administrative penalties and interest required by this section, the Administrator shall provide to the association or master association evidence that it paid the fees and the administrative penalties and interest in compliance with this section.

      Sec. 148.  NRS 463.4864 is hereby amended to read as follows:

      463.4864  “Limited partnership” means a partnership formed by two or more persons pursuant to the terms of chapter 88 of NRS [,] or sections 2 to 138, inclusive, of this act, having as members one or more general partners and one or more limited partners.

      Sec. 149.  NRS 463.4865 is hereby amended to read as follows:

      463.4865  “Limited partnership interest” means the right of a general or limited partner to receive from a limited partnership:

 

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