[Rev. 2/11/2019 1:09:34 PM]
κ1999 Statutes of Nevada, Page 2177κ
Assembly Bill No. 633Committee on Commerce and Labor
CHAPTER 462
AN ACT relating to contractors; establishing a program for the issuance of a license in an expedited manner; establishing a fee; establishing an inactive status for a contractors license; authorizing the state contractors board to prescribe a fee; making various changes relating to the grounds for disciplinary action; prohibiting the unauthorized use, copying or reproduction of the seal of the state contractors board; making various changes with respect to a monetary limit on a contractors license; expanding certain requirements concerning experience, knowledge, financial responsibility and good character with respect to applicants and licensed contractors; providing for notification to the board by a surety within a certain time after an action is commenced by or against the surety; establishing provisions relating to the suspension or revocation of the license of a contractor if a surety pays a claim against the bond of the licensed contractor; increasing the amount of certain fees that the board may charge; amending certain requirements for a hearing if the board summarily suspends the license of a contractor; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. The board may establish a program for the issuance of a license in an expedited manner. The board shall not allow the operation of the program for the issuance of a license in an expedited manner to affect adversely the amount of time the board requires to issue any other contractors license.
Sec. 3. 1. If an applicant wishes to have his license issued in an expedited manner, he must pay a fee for an application equal to two times the amount of the fee regularly paid for an application pursuant to subsection 1 of NRS 624.280.
2. The applicant must pay one-half of the fee required pursuant to subsection 1 when he submits the application and the other one-half of the fee when the board issues the license.
3. In addition to the fee required pursuant to subsection 1, the applicant shall reimburse the board for the actual costs and expenses incurred by the board in processing the application.
4. The board shall adopt regulations prescribing the procedures for making an application pursuant to this section.
Sec. 4. 1. A contractor may apply to the board to have his license placed on inactive status. The board may grant the application if the license is in good standing and the licensee has met all requirements for the issuance or renewal of a contractors license as of the date of the application.
2. If the application is granted, the licensee shall not engage in any work or activities that require a contractors license in this state unless he is returned to active status.
3. A person whose license has been placed on inactive status pursuant to this section is exempt from:
κ1999 Statutes of Nevada, Page 2178 (CHAPTER 462, AB 633)κ
(a) The requirement to execute and maintain a bond pursuant to NRS 624. 270; and
(b) The requirement to qualify in regard to his experience and knowledge pursuant to NRS 624.260.
4. The inactive status of a license is valid for 5 years after the date that the inactive status is granted.
5. The board shall not refund any portion of the renewal fee of a contractors license that was paid before the license was placed on inactive status.
6. The board shall adopt regulations prescribing the:
(a) Procedures for making an application pursuant to this section;
(b) Procedures and terms upon which a person whose license has been placed on inactive status may resume work or activities that require a contractors license; and
(c) Fees for the renewal of the inactive status of a license.
Sec. 4.5. The following acts or omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300:
1. Contracting, offering to contract or submitting a bid as a contractor if the contractors license:
(a) Has been suspended or revoked pursuant to NRS 624.300; or
(b) Is inactive.
2. The suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state if the contractor is licensed in this state or applies for a license in this state. A certified copy of the suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state is conclusive evidence of that action.
Sec. 5. NRS 624.120 is hereby amended to read as follows:
624.120 The board shall adopt a seal for its own use. The seal must have imprinted thereon the words State Contractors Board, State of Nevada. The executive officer has the care and custody of the seal. A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the board.
Sec. 6. NRS 624.220 is hereby amended to read as follows:
624.220 1. The board [may] shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the board.
2. The board [may] shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractors license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit [, if any,] must be determined after consideration of the factors set forth in NRS 624.260, 624.263 and 624.265 [.] and any other factors that the board determines are necessary to assess or project the future financial solvency of the contractor.
κ1999 Statutes of Nevada, Page 2179 (CHAPTER 462, AB 633)κ
the board determines are necessary to assess or project the future financial solvency of the contractor.
3. A licensed contractor may request that the board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the board pursuant to this subsection must be in writing on a form prescribed by the board and accompanied by such supporting documentation as the board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.
4. Nothing contained in this section prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
Sec. 7. NRS 624.260 is hereby amended to read as follows:
624.260 1. The board shall require an applicant or licensee to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the [rudimentary] administrative principles of the contracting business as the board deems necessary for the safety and protection of the public.
2. An applicant or licensee may qualify in regard to his experience and knowledge in the following ways:
(a) If a natural person, he may qualify by personal appearance or by the appearance of his responsible managing employee.
(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.
If an applicant or licensee intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensee shall submit to the board such information as the board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant or licensee relating to construction.
3. The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he is a bona fide member or employee of that person or firm and when his principal or employer is actively engaged as a contractor shall exercise authority in connection with his principal or employers contracting business in the following manner:
(a) To make technical and administrative decisions;
(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or through others, or effectively to recommend such action on behalf of his principal or employer; and
(c) To devote himself solely to his principal or employers business and not to take any other employment which would conflict with his duties under this subsection.
κ1999 Statutes of Nevada, Page 2180 (CHAPTER 462, AB 633)κ
4. A natural person may not qualify on behalf of another for more than one active license unless:
(a) One person owns at least 25 percent of each licensee for which he qualifies; or
(b) One licensee owns at least 25 percent of the other licensee.
5. Except as otherwise provided in subsection 6, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the 10 years immediately preceding the filing of his application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which he is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program accepted by the board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
6. If the applicant who is applying for licensure has previously qualified for a contractors license in the same classification in which he is applying for licensure, the experience required pursuant to subsection 5 need not be accrued within the 10 years immediately preceding the application.
7. As used in this section, journeyman means a person who:
(a) Is fully qualified to perform, without supervision, work in the classification in which he is applying for licensure; or
(b) Has successfully completed:
(1) A program of apprenticeship for the classification in which he is applying for licensure that has been approved by the state apprenticeship council; or
(2) An equivalent program accepted by the board.
Sec. 8. NRS 624.265 is hereby amended to read as follows:
624.265 An applicant for a contractors license or a licensed contractor and each officer, director, partner and associate thereof [shall] must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof , has:
1. Committed any act which [, if committed by any licensed contractor,] would be grounds for the denial, suspension or revocation of a contractors license;
2. A bad reputation for honesty and integrity;
3. Entered a plea of nolo contendere, guilty or guilty but mentally ill to, been found guilty of or been convicted of a misdemeanor, felony or crime involving moral turpitude arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
4. Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.
κ1999 Statutes of Nevada, Page 2181 (CHAPTER 462, AB 633)κ
Sec. 9. NRS 624.273 is hereby amended to read as follows:
624.273 1. Each bond or deposit required by NRS 624.270 must be in favor of the State of Nevada for the benefit of any person who:
(a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform the contract or to remove liens filed against the property;
(b) As an employee of the contractor performed labor on or about the site of the construction covered by the contract;
(c) As a supplier or materialman furnished materials or equipment for the construction covered by the contract; or
(d) Is injured by any unlawful act or omission of the contractor in the performance of a contract.
2. Any person claiming against the bond or deposit may bring an action in a court of competent jurisdiction on the bond or against the board on the deposit for the amount of damage he has suffered to the extent covered by the bond or deposit. [A person who brings action on a bond shall notify the board in writing upon filing the action.] No action may be commenced on the bond or deposit 2 years after the commission of the act on which the action is based. If an action is commenced on the bond, the surety that executed the bond shall notify the board of the action within 30 days after the date that:
(a) The surety is served with a complaint and summons; or
(b) The action is commenced,
whichever occurs first.
3. Upon receiving a request from a person for whose benefit a bond or deposit is required, the board shall notify him that:
(a) A bond is in effect or that a deposit has been made, and the amount of either;
(b) There is an action against a bond, if that is the case, and the court, the title and number of the action and the amount sought by the plaintiff; and
(c) There is an action against the board, if that is the case, and the amount sought by the plaintiff.
4. If a surety, or in the case of a deposit, the board, desires to make payment without awaiting court action, the amount of the bond or deposit must be reduced to the extent of any payment made by the surety or the board in good faith under the bond or deposit. Any payment must be based on written claims received by the surety or board before the court action.
5. The surety or the board may bring an action for interpleader against all claimants upon the bond or deposit. If [it does so, it must] an action for interpleader is commenced, the surety or the board must serve each known claimant and publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the contractor has his principal place of business. The surety [or the board] is entitled to deduct its costs of the action, including [attorneys fees and] publication, from its liability under the bond . [or] The board is entitled to deduct its costs of the action, including attorneys fees and publication, from the deposit.
6. A claim of any employee of the contractor for labor is a preferred claim against a bond or deposit. If any bond or deposit is insufficient to pay all claims for labor in full, the sum recovered must be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
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Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
7. Claims, other than claims for labor, against a bond or deposit have equal priority, except where otherwise provided by law, and if the bond or deposit is insufficient to pay all of those claims in full, they must be paid pro rata. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
Sec. 10. NRS 624.275 is hereby amended to read as follows:
624.275 1. [The] With respect to a surety bond that a licensed contractor maintains in accordance with NRS 624.270:
(a) The surety shall give prompt notice to the board of any claims paid against the bond of the licensed contractor.
(b) The surety may cancel the bond upon giving 60 days notice to the board and to the contractor by certified mail.
2. Upon receipt by the board of the notice described in paragraph (a) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the board.
3. Upon receipt by the board of the notice [,] described in paragraph (b) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation.
4. The notice mailed to the contractor by the board pursuant to subsection 2 or 3 must be [by certified mail] addressed to his latest address of record in the office of the board.
[2.] 5. If the contractor does not comply with the requirements of the notice from the board, his license must be suspended or revoked on the date [the] :
(a) Set by the board, if the notice was provided to the contractor pursuant to subsection 2; or
(b) The bond is canceled [.] , if the notice was provided to the contractor pursuant to subsection 3.
Sec. 11. NRS 624.280 is hereby amended to read as follows:
624.280 The board may adopt regulations fixing the fee for an application, the fee for an examination and the annual fee for a license to be paid by applicants and licensees . [, but no such fee may] Except as otherwise provided in section 3 of this act, the fee for:
1. An application must not exceed $550.
2. A license must not exceed $450 annually.
3. An examination must not exceed $300.
Sec. 12. NRS 624.3015 is hereby amended to read as follows:
624.3015 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor beyond the scope of the license.
2. Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the board.
κ1999 Statutes of Nevada, Page 2183 (CHAPTER 462, AB 633)κ
3. Knowingly entering into a contract with a contractor while that contractor is not licensed, or bidding to contract or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.
4. Constructing or repairing a mobile home, manufactured home or commercial coach, unless the contractor:
(a) Is licensed pursuant to NRS 489.311; or
(b) Owns, leases or rents the mobile home, manufactured home or commercial coach.
5. Engaging in any work or activities that require a contractors license while the license is placed on inactive status pursuant to section 4 of this act.
Sec. 13. NRS 624.310 is hereby amended to read as follows:
624.310 1. Except as otherwise provided in subsection 4, if the board refuses to issue or renew a license, suspends or revokes a license or imposes an administrative fine pursuant to NRS 624.235, the board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 30 days before the date fixed for the hearing.
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.
3. The hearing must be public if a request is made therefor.
4. The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, [a] the board must notify the contractor by certified mail. A hearing must be held within 30 days after the suspension [.] if the contractor submits a written request for a hearing to the board within 20 days after the board summarily suspends his license.
________
κ1999 Statutes of Nevada, Page 2184κ
Assembly Bill No. 631Committee on Elections, Procedures, and Ethics
CHAPTER 463
AN ACT relating to the state legislature; establishing certain limitations on the drafting of requests for legislation; authorizing the appointment of committees to conduct certain activities before the commencement of a regular session; making various changes regarding expenditures from the legislative fund; repealing the provisions requiring the submission of joint resolutions to the governor for approval; clarifying references to certain standing committees; revising the duties of the legislative counsel regarding administrative regulations; revising certain provisions governing fiscal notes concerning legislative measures; making various changes regarding the dissemination of certain budgetary information; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided by specific statute or concurrent resolution of the legislature, the legislative counsel shall honor:
(a) The number of requests for the drafting of a bill or resolution for a regular session of the legislature only as provided in NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act.
(b) A request for the drafting of a bill or resolution for a regular session of the legislature only if the request is received by the legislative counsel on or before December 15 preceding the commencement of that session.
(c) A request for the drafting of a bill or resolution for any session of the legislature which is submitted by a state agency, board or department, a local government, the judiciary or another authorized nonlegislative requester only if the request is in a subject related to the function of the requester.
2. The legislative counsel shall not:
(a) Assign a number to a request for the drafting of a bill or resolution for any session of the legislature to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
(b) Honor a request to change the subject matter of a request for the drafting of a bill or resolution for any session of the legislature after it has been submitted for drafting.
(c) Honor a request for the drafting of a bill or resolution for any session of the legislature which has been combined in violation of section 17 of article 4 of the Nevada constitution.
Sec. 3. 1. Each:
(a) Incumbent assemblyman may request the drafting of not more than 5 legislative measures submitted to the legislative counsel before September 1 preceding the commencement of a regular session of the legislature and not more than 5 legislative measures submitted to the legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
κ1999 Statutes of Nevada, Page 2185 (CHAPTER 463, AB 631)κ
legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
(b) Incumbent senator may request the drafting of not more than 10 legislative measures submitted to the legislative counsel before September 1 preceding the commencement of a regular session of the legislature and not more than 10 legislative measures submitted to the legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
(c) Newly elected assemblyman may request the drafting of not more than 5 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.
(d) Newly elected senator may request the drafting of not more than 10 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.
2. In addition to the number authorized pursuant to subsection 1:
(a) The chairman of each standing committee of the immediately preceding regular legislative session, or a person designated in the place of the chairman by the speaker of the assembly or the majority leader of the senate, as the case may be, may request before the commencement of the next regular legislative session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 legislative measures that were referred to the respective standing committee during the immediately preceding regular legislative session.
(b) A person designated after a general election as a chairman of a standing committee for the next regular legislative session, or a person designated in the place of a chairman by the person designated as the speaker of the assembly or majority leader of the senate for the next regular legislative session, may request before the commencement of the next regular legislative session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chairman or designee.
Sec. 4. 1. In addition to the number authorized pursuant to section 3 of this act:
(a) The speaker of the assembly and the majority leader of the senate may each request before or during a regular legislative session, without limitation, the drafting of not more than 15 legislative measures for that session.
(b) The minority leader of the assembly and the minority leader of the senate may each request before or during a regular legislative session, without limitation, the drafting of not more than 10 legislative measures for that session.
(c) A person designated after a general election as the speaker of the assembly, the majority leader of the senate, the minority leader of the assembly or the minority leader of the senate for the next regular legislative session may request the drafting of the remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.
κ1999 Statutes of Nevada, Page 2186 (CHAPTER 463, AB 631)κ
legislative measures allowed for the respective officer that were not requested by the previous officer.
2. The secretary of the senate and the chief clerk of the assembly may request before or during a regular legislative session, without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.
Sec. 5. 1. The chairman of the legislative commission may request the drafting of not more than 15 legislative measures before the commencement of a regular legislative session, with the approval of the commission, which relate to the affairs of the legislature or its employees, including measures requested by the legislative staff.
2. The chairman of the interim finance committee may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, with the approval of the committee, which relate to matters within the scope of the committee.
3. Except as otherwise provided by specific statute or concurrent resolution of the legislature:
(a) Any other legislative committee created by statute may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, which relate to matters within the scope of the committee.
(b) An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, which relate to matters within the scope of the study or investigation, except that such a committee may request the drafting of additional legislative measures before the commencement of a regular legislative session if the legislative commission approves each additional request by a majority vote.
(c) Any other committee established by the legislature which conducts an interim legislative study may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, which relate to matters within the scope of the study.
Sec. 6. 1. The governor or his designated representative may transmit to the legislative counsel before September 1 preceding a regular legislative session not more than 125 requests for the drafting of legislative measures approved on behalf of state agencies, boards and departments of the executive branch of state government pursuant to subsection 1 of NRS 218.245.
2. The department of administration may request on or before the 19th day of the legislative session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the governor and to provide for the fiscal management of the state.
3. The following constitutional officers may request the drafting of not more than the following numbers of legislative measures before September 1 preceding a regular legislative session:
Lieutenant governor.................................................................................................. 2
Secretary of state........................................................................................................ 8
κ1999 Statutes of Nevada, Page 2187 (CHAPTER 463, AB 631)κ
State treasurer............................................................................................................. 5
State controller........................................................................................................... 5
Attorney general....................................................................................................... 25
4. The board of regents of the University of Nevada may request the drafting of not more than 5 legislative measures on behalf of the University and Community College System of Nevada before September 1 preceding a regular legislative session.
Sec. 7. If the governor elects to communicate the message required pursuant to section 10 of article 5 of the Nevada constitution before the commencement of a regular session of the legislature, the chairman of the legislative commission may, on behalf of the legislative commission pursuant to subsection 5 of NRS 218.682, appoint a special committee to receive that message. A special committee appointed pursuant to this section:
1. Must consist of all persons elected or appointed to serve as a senator or assemblyman during the next ensuing regular session of the legislature.
2. Must be chaired by the speaker designate of the assembly.
3. Shall receive the governors message and conclude its activities upon the completion of that message.
Sec. 8. The legislative commission may, pursuant to subsection 5 of NRS 218.682, appoint one or more special committees before the commencement of a regular session of the legislature. Each special committee appointed pursuant to this section:
1. Must consist of all persons designated by the:
(a) Speaker designate of the assembly to serve as members of an assembly standing committee, other than the assembly standing committee on ways and means, for the next ensuing regular session of the legislature; or
(b) Majority leader designate of the senate to serve as members of a senate standing committee, other than the senate standing committee on finance, for the next ensuing regular session of the legislature.
2. May meet to consider issues that may require consideration during the next ensuing session by the standing committee upon which the members of the special committee have been designated to serve.
3. Shall conclude its activities before the commencement of the next ensuing session.
Sec. 9. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a special revenue fund for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund must be provided by legislative appropriation from the state general fund.
3. Expenditures from the legislative fund may be made for:
(a) The payment of necessary [operating] expenses of the senate;
(b) The payment of necessary [operating] expenses of the assembly;
(c) The payment of [the] necessary improvements to the legislative building and its grounds;
κ1999 Statutes of Nevada, Page 2188 (CHAPTER 463, AB 631)κ
(d) The payment of expenses for the interim operation of the legislature; and
(e) The payment of necessary [operating] expenses of, but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The audit division;
(5) The fiscal analysis division; and
(6) The administrative division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. [Except as otherwise provided in NRS 218.644, all] All money in the legislative fund must be paid out on claims approved by the director of the legislative counsel bureau or his designee . [as other claims against the state are paid.]
Sec. 10. NRS 218.130 is hereby amended to read as follows:
218.130 The number of officers and employees of the senate [shall] must be determined by each session of the senate as recommended by the senate committee [on] which has jurisdiction of issues relating to legislative functions.
Sec. 11. NRS 218.160 is hereby amended to read as follows:
218.160 The number of officers and employees of the assembly [shall] must be determined by each session of the assembly as recommended by the assembly committee [on] which has jurisdiction of issues relating to legislative functions.
Sec. 12. NRS 218.210 is hereby amended to read as follows:
218.210 [1. Each senator elected before November 4, 1986, or appointed to succeed a senator elected before November 4, 1986, is entitled to receive as compensation $104 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
2.] Each senator and assemblyman [elected on or after November 4, 1986, or appointed to succeed a senator or assemblyman elected on or after November 4, 1986,] is entitled to receive as compensation $130 per day for each day of service:
[(a)] 1. During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
κ1999 Statutes of Nevada, Page 2189 (CHAPTER 463, AB 631)κ
[(b)] 2. During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
Sec. 13. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance , not to exceed the [greater of:
(1) The rate of $44; or
(2) The] maximum rate established by the Federal Government for the [locality in which the travel is performed,] Carson City area, for one days travel to and one days travel from the session or conference.
(b) Travel expenses.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving to and from Carson City for the session;
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; and
(3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.
4. Each senator and assemblyman is entitled to receive a per diem expense allowance , not to exceed the [greater of:
(a) The rate of $44; or
(b) The] maximum rate established by the Federal Government for the [locality in which the travel is performed,] Carson City area, for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
κ1999 Statutes of Nevada, Page 2190 (CHAPTER 463, AB 631)κ
which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.
7. Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,
if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.
8. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
9. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
10. [Except as otherwise provided in NRS 218.644, claims] Claims for expenses made under the provisions of this section must be [made as other claims are made against the state, and must be] paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
11. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of the travel; and
κ1999 Statutes of Nevada, Page 2191 (CHAPTER 463, AB 631)κ
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
12. Travel expenses authorized by subsections 2 and 3 are limited to:
(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.
(b) If the travel is not by private conveyance, the actual amount expended.
Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.
Sec. 14. NRS 218.225 is hereby amended to read as follows:
218.225 1. At each regular session of the legislature, each legislator is entitled to receive at the expense of the legislative fund from the state printing division of the department of administration the following:
(a) Not to exceed 2,000 letterheads , [(] 8 1/2 inches x 11 inches , [)] and 2,000 half size, or 4,000 of either variety;
(b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/4 envelopes, or 4,000 of either variety; and
(c) Not to exceed 2,000 business cards and 1,000 memorandum sheets , [(] 500 each of the small and large type or 1,000 of either type . [).]
Selections must be made from samples submitted by the superintendent of the state printing division of the department of administration, and all printing must be done in the state printing division of the department of administration.
2. Each female member of the assembly is entitled to have the word Assemblywoman precede the inscription of her name on her official stationery and business cards.
3. All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the legislative fund . [in the same manner as other claims against the state are paid.]
4. A legislator may purchase from the state printing division of the department of administration official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
Sec. 15. NRS 218.230 is hereby amended to read as follows:
218.230 1. [There] Except as otherwise provided in this section, there must be paid to the [several] employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant director of bill services.......................................................................... $74
Assistant secretary.................................................................................................. 109
κ1999 Statutes of Nevada, Page 2192 (CHAPTER 463, AB 631)κ
Assistant sergeant at arms.................................................................................... $82
Bill clerk...................................................................................................................... 60
Committee manager.............................................................................................. 101
Committee secretary................................................................................................ 88
Deputy sergeant at arms.......................................................................................... 88
Director of bill services............................................................................................. 80
Director of clerical services................................................................................... 103
Executive assistant................................................................................................. 101
Finance secretary...................................................................................................... 99
Front desk assistant................................................................................................ 101
History clerk............................................................................................................ 101
Journal clerk............................................................................................................ 101
Media clerk.............................................................................................................. 101
Recording clerk....................................................................................................... 101
Secretary..................................................................................................................... 80
Senior committee secretary..................................................................................... 96
Senior page................................................................................................................. 75
Sergeant at arms..................................................................................................... 103
Typist.......................................................................................................................... 68
Assembly
Assistant chief clerk............................................................................................. $109
Assistant sergeant at arms....................................................................................... 82
Assistant supervisor of bill clerks........................................................................... 74
Bill clerk...................................................................................................................... 60
Committee manager.............................................................................................. 101
Committee secretary................................................................................................ 88
Deputy sergeant at arms.......................................................................................... 88
Document clerk....................................................................................................... 101
Executive assistant................................................................................................. 101
History clerk............................................................................................................ 101
Journal clerk............................................................................................................ 101
Media clerk.............................................................................................................. 101
Page............................................................................................................................. 60
Recording clerk....................................................................................................... 101
Secretary..................................................................................................................... 80
Senior committee secretary..................................................................................... 96
Senior page................................................................................................................. 75
Sergeant at arms..................................................................................................... 103
Supervisor of bill clerks............................................................................................ 80
Supervisor of secretarial staff.............................................................................. 103
Typist.......................................................................................................................... 68
Ways and means secretary..................................................................................... 99
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in [this section] subsection 1 for each day of service.
κ1999 Statutes of Nevada, Page 2193 (CHAPTER 463, AB 631)κ
3. During periods before the commencement of a session and after the adjournment of a session sine die, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1.
Sec. 16. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive [.] , and sections 2 to 6, inclusive, of this act. Except as otherwise provided in those provisions, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. [An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the preparation of no more than 10 legislative measures, except that such a committee may request the preparation of additional legislative measures if the legislative commission approves each additional request by a majority vote.
3.] The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
[4.] 3. The legislative counsel may deliver to the superintendent of the state printing division of the department of administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 17. NRS 218.241 is hereby amended to read as follows:
218.241 1. Upon request made within the time allowed and [within] limits established [by the legislature by concurrent resolution,] pursuant to NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and [shall advise] any county, school district or city, as to the preparation of measures to be submitted to the legislature.
2. To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:
(a) Requests for legislative measures from each agency or officer of the executive branch of the state government or from a county, school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.
κ1999 Statutes of Nevada, Page 2194 (CHAPTER 463, AB 631)κ
(b) As soon as an agency or officer of the executive branch of the state government has requested 10 legislative measures for any session, the legislative counsel may request the agency or officer to designate the priority for each succeeding request.
(c) [Within] Not later than 2 weeks [after] before the commencement of a regular session of the legislature, any county, school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.
The priority designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government and the counties, school districts and cities to ensure each agency and officer, and each county, school district and city, as nearly as is possible, an equal rank.
Sec. 18. NRS 218.2413 is hereby amended to read as follows:
218.2413 1. Except as otherwise provided in subsections 3, 4 and 5, each board of county commissioners, board of trustees of a school district and city council may request the legislative counsel and the legal division of the legislative counsel bureau to prepare any legislative measure which has been approved by the governing body of the county, school district or city at a public hearing before its submission to the legislative counsel bureau.
2. The legislative counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.
3. The board of county commissioners of a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than [33] 15 legislative measures pursuant to subsection 1 for a regular legislative session. At least [three] one of the measures must be recommended by a metropolitan police department that is located within the county.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [25] 10 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than [5] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
4. The board of trustees of a school district in a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [3] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.
5. The city council of a city whose population:
(a) Is 100,000 or more shall not request the preparation of more than [10] 4 legislative measures pursuant to subsection 1 for a regular legislative session.
κ1999 Statutes of Nevada, Page 2195 (CHAPTER 463, AB 631)κ
(b) Is less than 100,000 shall not request the preparation of more than [5 legislative measures] 1 legislative measure pursuant to subsection 1 for a regular legislative session.
6. As used in this section, population means the current population estimate for that city or county as determined and published by the department of taxation and the demographer employed pursuant to NRS 360.283.
Sec. 19. NRS 218.2415 is hereby amended to read as follows:
218.2415 1. An association of elected officials may directly request the legislative counsel and the legal division of the legislative counsel bureau to prepare no more than 5 legislative measures for a regular legislative session.
2. An association of counties or cities may directly request the legislative counsel and the legal division of the legislative counsel bureau to prepare no more than [10] 20 legislative measures for a regular legislative session.
Sec. 20. NRS 218.242 is hereby amended to read as follows:
218.242 Upon request, within the limits established pursuant to NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or by the legislature by concurrent resolution, the legislative counsel shall assist any legislator in the preparation of bills and resolutions, drafting them in proper form, and furnishing the legislator the fullest information upon all matters within the scope of his duties. The legislative counsel shall, insofar as is possible, act upon all legislators requests for legislative measures in the order in which they are received. To assure the greatest possible equity in the handling of requests, drafting must proceed as follows:
1. If he so desires, a legislator may designate a different priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible.
2. The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of those committees, must not, except where urgency is recognized, take precedence over the priority established or designated for individual legislators bills and resolutions.
Sec. 21. NRS 218.245 is hereby amended to read as follows:
218.245 1. Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county, school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county, school district or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.
2. A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.
κ1999 Statutes of Nevada, Page 2196 (CHAPTER 463, AB 631)κ
3. After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
4. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except [upon the request of a member of the legislature or the personal written request of the governor.] as authorized by statute or joint rule of the legislature.
5. An agency or officer of the executive branch of the state government or a county, school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1 [.] of this section and subsection 1, 3 or 4 of section 6 of this act.
Sec. 22. NRS 218.247 is hereby amended to read as follows:
218.247 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation [and amendment] of legislative measures at the [written suggestion of any justice] request of the supreme court [or judge of a district court, within limits established by the legislature by concurrent resolution.] if the legislative measures are transmitted to the legislative counsel before September 1 preceding the commencement of the next regular session of the legislature. The supreme court may transmit to the legislative counsel pursuant to this section not more than 16 legislative measures on behalf of the supreme court and district courts of this state and not more than 4 legislative measures on behalf of the municipal courts and justices courts of this state.
2. Every [suggestion of a judge] requested legislative measure must set forth the substance of the provisions desired or which may be needed with the reasons therefor.
3. The legislative counsel [and the legal division of the legislative counsel bureau shall prepare a measure in accordance with the suggestion of a judge, and] shall transmit [it] any legislative measure prepared pursuant to this section to the chairman of the committee on judiciary of each house at the next regular session of the legislature.
Sec. 23. NRS 218.272 is hereby amended to read as follows:
218.272 1. [The] Except as otherwise provided in subsection 4, the fiscal analysis division shall obtain a fiscal note on:
(a) Any bill which makes an appropriation or increases any existing appropriation;
(b) Any bill or joint resolution which creates or increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and
(c) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation from the state prison less likely, before [the] a vote is taken on such a bill or joint resolution [is considered at a public hearing of] by a committee of the assembly or the senate .
κ1999 Statutes of Nevada, Page 2197 (CHAPTER 463, AB 631)κ
before [the] a vote is taken on such a bill or joint resolution [is considered at a public hearing of] by a committee of the assembly or the senate . [, or before any vote is taken on it by the committee.]
2. The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.
[2.] 3. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, the estimates must be made by the agency receiving the appropriation or collecting the revenue.
[3.] 4. The fiscal note is not required on any bill or joint resolution relating exclusively to the proposed executive budget.
Sec. 24. NRS 218.2723 is hereby amended to read as follows:
218.2723 Before a vote is taken by a committee of the assembly or the senate on any bill or joint resolution which reduces the revenues or increases the expenditures of a local government or any bill which increases or newly provides for a term of imprisonment in a county or city jail or detention facility, or makes release on probation therefrom less likely, [is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee,] the fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.
Sec. 25. NRS 218.2725 is hereby amended to read as follows:
218.2725 1. Before a vote is taken by a committee of the assembly or the senate on any bill or joint resolution which affects the premiums charged to employers as provided in chapters 616A, 616B, 616C, 616D or 617 of NRS or the state insurance fund established by chapters 616A to 616D, inclusive, of NRS , [is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee,] the fiscal analysis division shall obtain a fiscal note in the manner and form, to the extent applicable, provided for in NRS 218.272 to 218.2758, inclusive, showing the financial effect on the premiums charged employers by the state industrial insurance system or on the state insurance fund.
2. The state industrial insurance system shall provide such information upon request of the fiscal analysis division.
3. The department of administration is not required to review such a fiscal note, but upon request of any legislator, the fiscal analysis division shall review the note and submit its findings to the requester.
Sec. 26. NRS 218.380 is hereby amended to read as follows:
218.380 [The] An enrolled bill [or resolution shall] must be delivered by the legislative counsel, or such person as he [shall] designates in writing , [designate,] to the governor for his action, who may authorize a member of his staff to receive and receipt for the same in his name.
Sec. 27. NRS 218.390 is hereby amended to read as follows:
218.390 1. An enrolled joint resolution proposing an amendment to the constitution of the State of Nevada [must not be presented to the governor for approval and signature, but] must be delivered with the official engrossed copy thereof to the secretary of state or such deputy or clerk as he designates in writing.
κ1999 Statutes of Nevada, Page 2198 (CHAPTER 463, AB 631)κ
2. The secretary of state shall cause the enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver them to the presiding officer of the house in which the proposed amendment originated at the next ensuing session of the legislature. The enrolled resolution accompanied by the engrossed copy thereof must thereupon be laid before the house for action, and if approved by a majority of the members elected thereto, must again be deposited with and filed by the secretary of state so that it may be placed upon the ballot at the next ensuing general election.
3. The history of the joint resolution containing a notation that it has been returned to the house of its origin by the secretary of state must be noted on the engrossed copy of the resolution, and must likewise appear upon the enrolled copy thereof. The enrolled copy must bear the original signatures of the presiding officers and secretary and clerk of the respective houses for both sessions of the legislature at which the proposed amendment to the constitution was considered.
4. The secretary of state shall cause all proposed amendments to the constitution to be published in the printed volume of the statutes for each year when they have been considered by the legislature.
Sec. 28. NRS 218.400 is hereby amended to read as follows:
218.400 1. As soon as an enrolled bill [or joint resolution] is delivered to the governor, any person duly authorized shall endorse by stamp, on the back of the enrolled copy of such bill , [or joint resolution,] over his signature, from whom and which house the bill was received, the date and hour of receipt, and the number of pages comprising the [same,] bill, and shall compute and note thereon the time limit for action by the governor, excluding the day of receipt and Sundays, which [shall] must not exceed the constitutional limit for such action.
2. Within such time limit the bill [or joint resolution shall,] must, if approved, be signed by the governor immediately after the signatures of the officials of both houses as follows:
State of Nevada
Executive Department
Approved
.....a.m.....p.m.
........(month)........(day)........(year)
.........................(Governor)
3. Immediately following such approval, without alteration or correction, the bill [or joint resolution shall] must be deposited with the secretary of state, who shall endorse on the back thereof, following the endorsement of such duly authorized person:
Received and filed.
.....(hour)
........(month)........(day)........(year)
...................(Secretary of State)
κ1999 Statutes of Nevada, Page 2199 (CHAPTER 463, AB 631)κ
Sec. 29. NRS 218.410 is hereby amended to read as follows:
218.410 The secretary of state, or such deputy or clerk as he [shall designate] designates in writing, shall receipt to the governor for all bills [and joint resolutions] received, noting the number of such bill , [or resolution,] the house wherein the [same] bill originated, the number of pages contained therein, and the hour and date received. Such receipt [shall] must be retained in the governors office for at least 6 years.
Sec. 30. NRS 218.420 is hereby amended to read as follows:
218.420 1. If the governor does not approve a bill [or joint resolution] within 5 days, Sundays excepted, after it [shall have] has been presented to him, the bill [shall become a law or the joint resolution shall become effective] becomes a law without his signature, unless he [shall have] has returned it to the house in which it originated, with his objections thereto, [and which shall] which must be entered in its journal.
2. Such house shall thereupon proceed to reconsider the vetoed bill [or joint resolution,] and if thereafter it [shall again pass] again passes both houses by a two-thirds vote of the members elected to each house, the bill [shall become a law or the joint resolution shall become effective] becomes a law notwithstanding the objections of the governor, and [shall] must be delivered by the legislative counsel directly to the secretary of state for filing, who shall receipt to the legislative counsel therefor.
Sec. 31. NRS 218.430 is hereby amended to read as follows:
218.430 1. If the legislature , [shall,] by its final adjournment, [prevent] prevents the return of a bill [or joint resolution] within 5 days after delivery to the governor, Sundays excepted, the bill [shall become a law or the joint resolution shall become effective] becomes a law without his signature, unless within 10 days next after the adjournment, Sundays excepted, he [shall file the bill or joint resolution] files the bill with his objections thereto with the secretary of state.
2. The secretary of state shall lay the bill [or joint resolution] before the legislature at its next regular session in like manner as if it had been returned by the governor directly to the house in which it originated. If the bill [or joint resolution shall receive] receives the vote of two-thirds of the members elected to each house of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, the bill [shall become a law or the joint resolution shall become effective, and shall] becomes a law and must be delivered by the legislative counsel directly to the secretary of state for filing, who shall receipt to the legislative counsel therefor.
Sec. 32. NRS 218.440 is hereby amended to read as follows:
218.440 1. The secretary of state shall, after the final adjournment of each session of the legislature, cause all legislative bills [and joint resolutions] deposited with him after approval by the governor, and all joint resolutions, concurrent resolutions and memorials to be bound in a substantial and suitable book or books, together with an index thereof.
2. The expenses incurred in such work must be paid by the state in the manner directed by the state board of examiners.
κ1999 Statutes of Nevada, Page 2200 (CHAPTER 463, AB 631)κ
Sec. 33. NRS 218.464 is hereby amended to read as follows:
218.464 1. The following persons are entitled to receive free of charge in any one calendar year any bill, resolution, daily history, daily journal or index, in the number of copies shown, upon verification of their wishes to receive the publication:
(a) Justices and the clerk of the supreme court, one copy;
(b) County clerks and district attorneys, one copy;
(c) A judge and clerk of a district court in a judicial district having one judge, one copy; and
(d) The judges and the administrator or clerk of a district court in a judicial district having more than one judge, two copies.
2. Upon approval of the committee [on] of the senate or the assembly which has jurisdiction of issues relating to legislative functions , [of the senate or assembly,] additional copies must be provided to these persons without charge, except for the cost of handling and postage as determined by the director of the legislative counsel bureau.
Sec. 34. NRS 218.466 is hereby amended to read as follows:
218.466 1. The following persons, offices or organizations, upon request, are entitled to receive free of charge in any one calendar year one copy of any bill, resolution, daily history, daily journal or index:
(a) Elected state officers.
(b) Offices of all state departments and agencies.
(c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.
(d) Offices of other county officials.
(e) Municipal officers.
(f) Districts and other governmental agencies.
(g) Justices of the peace.
(h) The state library and archives.
(i) County and city libraries and libraries of the University and Community College System of Nevada.
(j) Accredited members of the press.
2. Upon approval of the committee [on] of the senate or the assembly which has jurisdiction of issues relating to legislative functions , [of the senate or assembly,] additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the director of the legislative counsel bureau.
3. Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or other legislative publication that is approved by the committee on legislative functions of the senate or assembly.
Sec. 35. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the state printing division of the department of administration, within 3 days [from the time] after he receives [each one from the governor, after approval,] them, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The director of the legislative counsel bureau shall:
(a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.
κ1999 Statutes of Nevada, Page 2201 (CHAPTER 463, AB 631)κ
(b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each justice of the supreme court, the attorney general, the state public defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the state, deliver to the supreme court law library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.
3. The legislative counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 36. NRS 218.5375 is hereby amended to read as follows:
218.5375 1. There is hereby created a legislative committee on workers compensation. The committee consists of:
(a) Four members appointed by the majority leader of the senate, in consultation with the minority leader of the senate, from the membership of the senate standing committee [on commerce and labor] which had jurisdiction of issues relating to workers compensation during the immediately preceding session of the legislature.
(b) Four members appointed by the speaker of the assembly from the membership of the assembly standing committee [on labor and management] which had jurisdiction of issues relating to workers compensation during the immediately preceding session of the legislature. The members must represent each political party represented in the assembly in the approximate proportion that they are represented in that house, but at least one member must be chosen from each political party.
2. The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.
3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.
4. Vacancies on the committee must be filled in the same manner as original appointments.
Sec. 37. NRS 218.610 is hereby amended to read as follows:
218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 7 and 8 of this act, agency of the state includes all offices, departments, boards, commissions or institutions of the state, and the state industrial insurance system.
κ1999 Statutes of Nevada, Page 2202 (CHAPTER 463, AB 631)κ
Sec. 38. NRS 218.640 is hereby amended to read as follows:
218.640 [Except as otherwise provided in NRS 218.644, money] Money to carry out the functions of the legislative counsel bureau must be provided by legislative appropriation from the state general fund to the legislative fund . [, and must be paid out on claims as other claims against the state are paid.] All claims must be approved by the director of the legislative counsel bureau or his designee before they are paid.
Sec. 39. NRS 218.644 is hereby amended to read as follows:
218.644 1. The legislative counsel bureau shall maintain a checking account in any qualified bank for the purposes of providing advance money and reimbursement to legislators and employees for travel expenses, paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs , other expenses which may or must be paid from the legislative fund and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.
2. A request for advance money for travel constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator or employee in an amount equal to the sum advanced.
3. The legislator or employee is entitled to receive upon request any authorized travel expenses in excess of the amount advanced. The legislator or employee shall reimburse the legislative fund any amount advanced that is not used for reimbursable travel expenses.
Sec. 40. NRS 218.6824 is hereby amended to read as follows:
218.6824 1. There is hereby created a budget subcommittee of the legislative commission.
2. The chairman of the legislative commission shall appoint to the subcommittee the persons designated by the speaker designate of the assembly to be members of the assembly standing committee on ways and means and the persons designated by the majority leader designate of the senate to be members of the senate standing committee on finance for the next ensuing session of the legislature.
3. The budget subcommittee shall conclude its activities before the next regular legislative session is convened.
4. The budget subcommittee shall [:
(a) Review the synopsis of the state budget prepared by the fiscal analysis division of the legislative counsel bureau pursuant to NRS 353.211; and
(b) Consider other] consider fiscal issues that may require consideration by the legislature at the next ensuing session.
Sec. 41. NRS 218.685 is hereby amended to read as follows:
218.685 Notwithstanding the provisions of NRS 218.150 and 218.180, between sessions of the legislature, the director of the legislative counsel bureau, with the approval of the legislative commission, may appoint such technical, clerical and operational staff as the functions and operations of the legislature may require.
κ1999 Statutes of Nevada, Page 2203 (CHAPTER 463, AB 631)κ
technical, clerical and operational staff as the functions and operations of the legislature may require. Salaries and [the costs of any contract services shall] related costs must be paid from the legislative fund.
Sec. 42. NRS 218.697 is hereby amended to read as follows:
218.697 1. Upon request, the legislative counsel shall represent any legislator in any matter before the commission on ethics.
2. When deemed necessary or advisable to protect the official interests of the legislature or one or more legislative committees, the legislative commission, or the chairman of the legislative commission in cases where action is required before a meeting of the legislative commission is scheduled to be held, may direct the legislative counsel and his staff to appear in, commence, prosecute, defend or intervene in any action, suit, matter, cause or proceeding in any court or agency of this state or of the United States.
3. [Expenses] The legislative commission may authorize payment of the expenses and costs incurred pursuant to this section [may be paid by the legislative commission] from the legislative fund.
Sec. 43. NRS 233B.050 is hereby amended to read as follows:
233B.050 1. In addition to other regulation-making requirements imposed by law, each agency shall:
(a) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.
(b) Make available for public inspection all rules of practice and regulations adopted or used by the agency in the discharge of its functions and that part of the Nevada Administrative Code which contains its regulations.
(c) Make available for public inspection all final orders, decisions and opinions except those expressly made confidential or privileged by statute.
(d) Review its rules of practice at least once every 3 years and file with the secretary of state a statement setting forth the date on which the most recent review of those rules was completed and describing any revisions made as a result of the review.
(e) Review its regulations at least once every 10 years to determine whether it should amend or repeal any of the regulations. Within 30 days after completion of the review, the agency shall submit a report to the [director of the] legislative counsel [bureau] for distribution to the next regular session of the legislature. The report must include the date on which the agency completed its review of the regulations and describe any regulation that must be amended or repealed as a result of the review. [The director of the legislative counsel bureau shall provide a copy of the report to the legislative counsel for the purposes of subsection 2 of NRS 233B.065.]
2. A regulation, rule, final order or decision of an agency is not valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection as required in this section, except that this provision does not apply in favor of any person or party who has actual knowledge thereof.
κ1999 Statutes of Nevada, Page 2204 (CHAPTER 463, AB 631)κ
Sec. 44. NRS 233B.0665 is hereby amended to read as follows:
233B.0665 If a regulation submitted to the legislative counsel bureau pursuant to NRS 233B.067 is not accompanied by an informational statement which complies with the requirements of NRS 233B.066, the [director of the] legislative counsel [bureau] shall return the regulation to the agency with a note that the statement is missing. Unless the statement is supplied, the [director] legislative counsel shall not submit the regulation to the commission, and the regulation never becomes effective. If the statement is supplied, the time for action upon the regulation must be computed from the date of delivering the statement to the [director.] legislative counsel.
Sec. 45. NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the [director of the] legislative counsel [bureau] for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The [director] legislative counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The [director] legislative counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.
2. If an agency submits an adopted regulation to the [director of the] legislative counsel [bureau] pursuant to subsection 1 that:
(a) The agency is required to adopt pursuant to a federal statute or regulation; and
(b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state,
it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.
3. The legislative commission, or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.
4. The legislative commission shall notify the [director] legislative counsel of the results of its review within 30 days after receipt of the regulation from the agency. If the commission does not object to the regulation, the [director] legislative counsel shall file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission objects to the regulation after determining that:
(a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;
(b) The regulation does not conform to statutory authority; or
κ1999 Statutes of Nevada, Page 2205 (CHAPTER 463, AB 631)κ
(c) The regulation does not carry out legislative intent,
the [director] legislative counsel shall attach to the regulation a written notice of the objection of the commission, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency.
Sec. 46. NRS 233B.0675 is hereby amended to read as follows:
233B.0675 1. If the legislative commission has objected to a regulation, the agency may revise it and return it to the [director of the] legislative counsel . [bureau.] Upon receipt of the revised regulation, the [director] legislative counsel shall resubmit the regulation to the commission at its next regularly scheduled meeting. If the commission does not object to the revised regulation, the [director] legislative counsel shall promptly file the revised regulation with the secretary of state and notify the agency of the filing.
2. If the legislative commission objects to the revised regulation, the agency may continue to revise it and resubmit it to the commission.
3. If the agency refuses to revise a regulation to which the legislative commission has objected, the commission may suspend the filing of the regulation until the final day of the next regular session of the legislature. Before the final day of the next regular session the legislature may, by concurrent resolution or other appropriate legislative measure, declare that the regulation will not become effective. The [director] legislative counsel shall thereupon notify the agency that the regulation will not be filed and must not be enforced. If the legislature has not so declared by the final day of the session, the [director] legislative counsel shall promptly file the regulation and notify the agency of the filing.
Sec. 47. NRS 233B.0681 is hereby amended to read as follows:
233B.0681 The legislative commission may provide for:
1. Its early review of a regulation after the agency has given notice of a hearing on the regulation but before the hearing is held. If the regulation adopted after the hearing is identical to the regulation submitted for early review, the [director] legislative counsel shall promptly file the regulation with the secretary of state and notify the agency of the filing.
2. A waiver of its review of a regulation in a case of administrative convenience or necessity.
Sec. 48. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective when the [director of the] legislative counsel [bureau] files with the secretary of state the original of the final draft or revision of a regulation, except as otherwise provided in NRS 233B.0665 or where a later date is specified in the regulation.
2. A temporary or emergency regulation becomes effective when the agency files with the secretary of state the original of the final draft or revision of a regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary or emergency regulation with the legislative counsel , [bureau,] together with the informational statement prepared pursuant to NRS 233B.066.
κ1999 Statutes of Nevada, Page 2206 (CHAPTER 463, AB 631)κ
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
4. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state library and archives administrator, to the state library and archives administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.
6. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
7. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 49. NRS 233B.115 is hereby amended to read as follows:
233B.115 1. Any person who objects to the content of a form required by an agency to be used in submitting an application, making a declaration or providing other information may request the legislative commission to determine whether the information required and the instructions for its preparation conform to the statutory authority pursuant to which the agency requires it. The legislative commission may also make such a determination on its own motion.
2. If the legislative commission finds that any part of the information or instructions does not conform to statutory authority, the [director of the] legislative counsel [bureau] shall so notify the agency.
3. After notification by the [director of the] legislative counsel [bureau] of the legislative commissions objection to the form, the agency may revise the form to conform to statutory authority and resubmit it to the legislative commission. The agency shall not use the form until it has submitted a revised version to the legislative commission and the commission has approved the form.
4. If the agency refuses to revise the form, it shall not use the form until after the expiration of the first 30 days of the next regular session of the legislature. Before the 30th day of the next regular session the legislature may, by concurrent resolution, declare that the form must not be used. The [director] legislative counsel shall thereupon notify the agency that it shall not use the form.
κ1999 Statutes of Nevada, Page 2207 (CHAPTER 463, AB 631)κ
[director] legislative counsel shall thereupon notify the agency that it shall not use the form. If the legislature has not so declared by the 30th day of the session, the [director] legislative counsel shall promptly notify the agency that it may use the form.
Sec. 50. NRS 353.090 is hereby amended to read as follows:
353.090 1. Except for claims against the legislative fund or for the payment of the salaries of public officers, every claim for payment from the state treasury pursuant to an appropriation or authorization by the legislature must be presented to the state board of examiners for a determination of its correctness. The state board of examiners may adopt regulations providing for the use of sampling procedures and postaudit techniques for making such a determination.
2. Any money which:
(a) Is allocated to this state pursuant to a federal program in the form of a letter of credit or its equivalent;
(b) Is authorized for expenditure by the legislature;
(c) Has not been deposited in the state treasury; and
(d) Is immediately available to this state through an automated federal payment management system,
shall be deemed to be available for a claim for payment from the state treasury.
3. The state controller shall not allow or draw his warrant for:
(a) Any claim of the class described in this section which has not been approved by the state board of examiners; or
(b) A greater amount than allowed by the board,
except when the claim has not been acted upon by the board within 30 days after its presentation to the board.
Sec. 51. NRS 353.211 is hereby amended to read as follows:
353.211 1. On or before October 15 of each even-numbered year, the chief shall provide to the fiscal analysis division of the legislative counsel bureau:
(a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year;
(b) The work programs for the current year; and
(c) Each agencys requested budget for the next 2 fiscal years.
2. On or before December 31 of each even-numbered year, the chief shall provide to the fiscal analysis division:
(a) Each agencys adjusted base budget by budgetary account for the next 2 fiscal years; and
(b) An estimated range of the costs for:
(1) Continuing the operation of state government; and
(2) Providing elementary, secondary and higher public education,
at the current level of service.
3. The information provided to the fiscal analysis division pursuant to subsections 1 and 2 is open for public inspection.
[4. As soon as practicable after receipt of the material provided pursuant to subsections 1 and 2, the fiscal analysis division shall provide a synopsis of the information to the members of the budget subcommittee of the legislative commission. The synopsis must include the levels of requested expenditures of all of the departments, institutions and agencies, major budgetary issues, approximate available revenues, historical data and any other information the fiscal analysts deem appropriate.]
κ1999 Statutes of Nevada, Page 2208 (CHAPTER 463, AB 631)κ
of all of the departments, institutions and agencies, major budgetary issues, approximate available revenues, historical data and any other information the fiscal analysts deem appropriate.]
Sec. 52. NRS 353.230 is hereby amended to read as follows:
353.230 1. The chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies of the executive department during the next fiscal year. In performing the duties required by this subsection, the chief shall use the projections and estimates prepared by the economic forum pursuant to NRS 353.228.
2. The chief shall meet with a fiscal analyst of the legislative counsel bureau or his designated representative and personnel of the various departments, institutions and agencies of the executive department to discuss:
(a) The budgetary requests of each department, institution and agency; and
(b) The budgetary recommendations of the budget division for each department, institution and agency,
for the next 2 fiscal years. The chief shall allow the fiscal analyst of the legislative counsel bureau or his designated representative full access to all materials connected with the review.
3. The chief shall then prepare a final version of the proposed budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the governor. The final version of the proposed budget must include the adjusted base budget for each department, institution and agency of the executive department, the costs for continuing each program at the current level of service and the costs, if any, for new programs, recommended enhancements of existing programs or reductions for the departments, institutions and agencies of the executive department for the next 2 fiscal years. All projections of revenue and any other information concerning future state revenue contained in the proposed budget must be based upon the projections and estimates prepared by the economic forum pursuant to NRS 353.228.
4. The governor shall , [transmit the proposed budget to the legislature] not later than [the 10th day] 14 calendar days before the commencement of the regular legislative session [.] , submit the proposed budget to the director of the legislative counsel bureau for transmittal to the legislature. The governor shall simultaneously submit, as a separate document:
(a) An analysis of any new programs or enhancements of existing programs being recommended; and
(b) Any increase in or new revenues which are being recommended in the proposed budget.
The document must specify the total cost by department, institution or agency of new programs or enhancements, but need not itemize the specific costs. All projections of revenue and any other information concerning future state revenue contained in the document must be based upon the projections and estimates prepared by the economic forum pursuant to NRS 353.228.
κ1999 Statutes of Nevada, Page 2209 (CHAPTER 463, AB 631)κ
5. On or before the 19th calendar day of the regular legislative session, the governor shall submit to the legislative counsel recommendations for each legislative measure which will be necessary to carry out the final version of the proposed budget [.] or to carry out the governors legislative agenda. These recommendations must contain sufficient detailed information to enable the legislative counsel to prepare the necessary legislative measures.
6. During the consideration of the general appropriation bill and any special appropriation bills and bills authorizing budgeted expenditures by the departments, institutions and agencies operating on money designated for specific purposes by the constitution or otherwise, drafted at the request of the legislature upon the recommendations submitted by the governor with the proposed budget, the governor or his representative have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
Sec. 53. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 525Assemblymen Evans, Arberry, Goldwater, Giunchigliani, Humke, Dini, Buckley, Segerblom, Nolan, Berman, Perkins, Lee, Claborn, Gibbons, Neighbors, Marvel, Bache, Chowning, Anderson, Freeman, Leslie, de Braga, Parnell, Collins, McClain, Manendo, Koivisto, Thomas, Parks and Ohrenschall
CHAPTER 464
AN ACT relating to state financial administration; creating the office of financial analysis and planning within the fiscal analysis division of the legislative counsel bureau; creating a task force for financial analysis and planning; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The office of financial analysis and planning is hereby created within the fiscal analysis division of the legislative counsel bureau. The senate fiscal analyst and the assembly fiscal analyst shall appoint such personnel as the fiscal analysts determine are necessary for the office to carry out the duties of the office.
2. The office of financial analysis and planning shall assist the legislature in long-term financial analysis and planning, including, without limitation, long-term economic planning and forecasting of future state revenues.
Sec. 2. 1. There is hereby created a task force for financial analysis and planning consisting of 13 members.
2. Five members of the task force must be appointed as follows:
(a) One member appointed by the speaker of the assembly;
κ1999 Statutes of Nevada, Page 2210 (CHAPTER 464, AB 525)κ
(b) One member appointed by the majority leader of the senate; and
(c) Three members appointed by the governor.
The members appointed pursuant to this subsection must not be elected officers, state officers or employees of this state or any political subdivision of this state, including, without limitation, an institution of higher education that receives public money.
3. In addition to the members appointed pursuant to subsection 2, the task force consists of:
(a) The chief of the budget division of the department of administration or his designee;
(b) The chief of the bureau of research and analysis of the department of employment, training and rehabilitation, or his designee, or, if that position ceases to exist, the position deemed by the director of the department of employment, training and rehabilitation to be the equivalent of that position;
(c) The executive director of the department of taxation or his designee;
(d) The superintendent of public instruction or his designee;
(e) The state director of the bureau of business and economic research of the University of Nevada, Reno, or his designee;
(f) The director of the center for business and economic research of the University of Nevada, Las Vegas, or his designee;
(g) An employee of a county in Nevada, appointed by the Nevada Association of Counties; and
(h) An employee of a city in Nevada, appointed by the Nevada League of Cities.
4. Each of the members who is appointed to the task force pursuant to subsection 2 and paragraphs (g) and (h) of subsection 3 must have expertise and demonstrated ability in the field of economics, taxation, demography or urban planning or another field that is necessary for economic planning and forecasting.
5. The members who are appointed pursuant to subsection 2 shall select from among themselves a person to serve as chairman of the task force.
6. Each member of the task force who is appointed pursuant to subsection 2 is entitled to receive a salary of $80 for each day or portion of a day during which he attends a meeting of the task force.
7. Each member of the task force is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the task force or is otherwise engaged in the business of the task force.
8. The compensation, per diem allowances and travel expenses of the members of the task force must be paid from the legislative fund.
9. The office of financial analysis and planning created pursuant to section 1 of this act shall provide technical expertise and administrative support to the task force.
Sec. 3. 1. The task force for financial analysis and planning shall develop a process for the preparation and periodic update of long-term forecasts of and recommendations concerning future state revenues for use in planning and budgeting state programs. The long-term forecasts must include periods of 6 years and 10 years. The process developed by the task force must provide for, without limitation, the compilation and periodic update of reports that include:
κ1999 Statutes of Nevada, Page 2211 (CHAPTER 464, AB 525)κ
must provide for, without limitation, the compilation and periodic update of reports that include:
(a) Economic and demographic trends and forecasts at the national, regional, state and local levels;
(b) The sources of revenue in this state, including, without limitation, an analysis of the elements of this states revenue structure that may be vulnerable or unreliable in the long-term;
(c) Forecasts and projections of the needs of state and local agencies that provide human services and services relating to public education, criminal justice and infrastructure;
(d) An analysis of revenues and expenditures to determine whether long-term growth in revenue may reasonably be expected to meet the demands of expenditures; and
(e) An analysis of the feasibility and desirability of using alternative procedures for the review and approval of budgets and expenditures of departments, institutions and agencies of the state government, including, without limitation, the feasibility and desirability of adopting a system of performance-based budgets.
2. In carrying out its duties, the task force shall:
(a) Use estimates and forecasts prepared by the demographer who is employed pursuant to NRS 360.283;
(b) Use reports, projections of economic indicators and estimates of future state revenues made by the economic forum;
(c) Use any other official forecasts, estimates and publications prepared by agencies of this state or political subdivisions of this state and institutions of higher education; and
(d) Solicit recommendations and information from the budget division of the department of administration, agencies and officers of this state, local governments, other states, national organizations, private organizations and the general public.
3. In carrying out its duties, the task force may:
(a) Consider any other information, including, without limitation, information prepared by the office of financial analysis and planning created pursuant to section 1 of this act.
(b) Request information from an agency of this state. The task force may direct the office of financial analysis and planning to make the request on its behalf. An agency that receives a reasonable request for information shall comply with the request as soon as is reasonably practicable after receipt of the request.
Sec. 4. On or before September 15, 2000, the task force for financial analysis and planning shall submit a written report to the director of the legislative counsel bureau for immediate transmission to the members of the 70th regular session of the legislature. The report must include:
1. A summary of the progress of the task force in developing a process for the preparation and periodic update of long-term forecasts and recommendations in accordance with subsection 1 of section 3 of this act.
2. Recommendations for legislation concerning the appropriate composition and duties of a permanent committee to prepare long-term forecasts of future state revenues and otherwise continue the preliminary work done by the task force.
κ1999 Statutes of Nevada, Page 2212 (CHAPTER 464, AB 525)κ
work done by the task force. The recommendations must specifically address the appropriate number, qualifications and terms of the members of the permanent committee.
3. Recommendations for legislation concerning the composition and prescription of duties for the office of financial analysis and planning in relation to the continuing work on these issues.
4. Any other recommendations for related legislation.
Sec. 5. On or before September 1, 1999, the speaker of the assembly, the majority leader of the senate and the governor shall make appointments to the task force for financial analysis and planning in accordance with subsection 2 of section 2 of this act. Members appointed to the task force remain eligible for appointment to a permanent committee to prepare long-term forecasts of future state revenues.
Sec. 6. 1. This act becomes effective on July 1, 1999.
2. Sections 2, 3 and 4 of this act expire by limitation on June 30, 2001.
________
Assembly Bill No. 470Assemblymen Goldwater and Buckley
CHAPTER 465
AN ACT relating to industrial insurance; prohibiting organizations for managed care that provide medical and health care services to injured employees from engaging in certain practices that restrict the actions of a provider of health care; requiring a response to a request for prior authorization for medical treatment to be issued within a certain number of days; allowing an injured employee whose employers insurer has entered into a contract with an organization for managed care or providers of health care to change treating physicians or chiropractors under certain circumstances; requiring that a test of an injured employee for the presence of alcohol or a controlled substance be performed by a laboratory that is licensed by the health division of the department of human resources; allowing hearing officers and appeals officers to refer an injured employee to a physician or chiropractor competent to determine the necessity of certain medical treatment; revising the provisions governing the filing of rates for industrial insurance with the commissioner of insurance; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. An organization for managed care shall not restrict or interfere with any communication between a provider of health care and an injured employee regarding any information that the provider of health care determines is relevant to the health care of the injured employee.
Sec. 3. An organization for managed care shall not terminate a contract with, demote, refuse to contract with or refuse to compensate a provider of health care solely because the provider, in good faith:
1. Advocates in private or in public on behalf of an injured employee;
κ1999 Statutes of Nevada, Page 2213 (CHAPTER 465, AB 470)κ
2. Assists an injured employee in seeking reconsideration of a determination by the organization for managed care to deny coverage for a medical or health care service; or
3. Reports a violation of law to an appropriate authority.
Sec. 4. 1. An organization for managed care shall not offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay specific medically necessary medical or health care services to an injured employee.
2. The provisions of this section do not prohibit an arrangement for payment between an organization for managed care and a provider of health care that uses financial incentives, if the arrangement is designed to provide an incentive to the provider of health care to use medical and health care services effectively and consistently in the best interest of the treatment of the injured employee.
Sec. 5. NRS 616B.515 is hereby amended to read as follows:
616B.515 1. Except as otherwise provided in NRS 616B.518, the manager may enter into a contract or contracts with one or more organizations for managed care, including health maintenance organizations, to provide comprehensive medical and health care services to injured employees whose employers are insured by the system for injuries and diseases that are compensable under chapters 616A to 617, inclusive, of NRS. The contract or contracts must be awarded pursuant to reasonable competitive bidding procedures as established by the manager.
2. After the selection of an organization for managed care, the bids received by the manager and the records related to the bidding are subject to review by any member of the public upon request.
3. An organization for managed care or a health maintenance organization [shall] chosen pursuant to this section:
(a) Shall not discriminate against or exclude a provider of health care from participation in the organizations proposed plan for providing medical and health care services because of race, creed, sex, national origin, age or disability.
(b) Shall comply with the provisions of sections 2, 3 and 4 of this act.
Sec. 6. NRS 616B.527 is hereby amended to read as follows:
616B.527 A self-insured employer, an association of self-insured public or private employers or a private carrier may:
1. Enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
2. Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
κ1999 Statutes of Nevada, Page 2214 (CHAPTER 465, AB 470)κ
3. Use the services of an organization for managed care that has entered into a contract with the manager pursuant to NRS 616B.515, but is not required to use such services.
4. Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted pursuant to subsections 1 and 2, or as the self-insured employer, association or private carrier otherwise prescribes.
5. Require employees to obtain the approval of the self-insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.
6. An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of sections 2, 3 and 4 of this act.
Sec. 7. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer, organization for managed care or third-party administrator shall respond to a written request for prior authorization for:
(a) Treatment;
(b) Diagnostic testing; or
(c) Consultation,
within 5 working days after receiving the written request.
2. If the insurer, organization for managed care or third-party administrator fails to respond to such a request within 5 working days, authorization shall be deemed to be given. The insurer, organization for managed care or third-party administrator may subsequently deny authorization.
3. If the insurer, organization for managed care or third-party administrator subsequently denies a request for authorization submitted by a provider of health care for additional visits or treatments, it shall pay for the additional visits or treatments actually provided to the injured employee, up to the number of treatments for which payment is requested by the provider of health care before the denial of authorization is received by the provider.
Sec. 8. NRS 616C.090 is hereby amended to read as follows:
616C.090 1. The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.
2. An injured employee whose employers insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 may choose his treating physician or chiropractor from the panel of physicians and chiropractors.
κ1999 Statutes of Nevada, Page 2215 (CHAPTER 465, AB 470)κ
treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee.
3. An injured employee [employed or residing in any county in this state] whose employers insurer has entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 must choose his treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor pursuant to the terms of the contract if the choice is made within 90 days after his injury. If the injured employee, after choosing his treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.
4. Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employees injury attributable to improper treatments by such physician, chiropractor or other person.
5. The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.
6. An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.
Sec. 8.5. NRS 616C.230 is hereby amended to read as follows:
616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:
(a) Caused by the employees willful intention to injure himself.
(b) Caused by the employees willful intention to injure another.
κ1999 Statutes of Nevada, Page 2216 (CHAPTER 465, AB 470)κ
(c) Proximately caused by the employees intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
(d) Proximately caused by the employees use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2. For the purposes of paragraphs (c) and (d) of subsection 1:
(a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employees system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance , [:
(1) If] the laboratory that conducts the testing [is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory] must be [certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and
(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.] licensed pursuant to the provisions of chapter 652 of NRS.
3. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
4. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.
5. An injured employees compensation, other than accident benefits, must be suspended if:
(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and
(b) It is within the ability of the employee to correct the nonindustrial condition or injury.
The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.
Sec. 9. NRS 616C.305 is hereby amended to read as follows:
616C.305 1. Except as otherwise provided in subsection 3, any person who is aggrieved by a [decision] final determination concerning accident benefits made by an organization for managed care which has contracted with an insurer must, within 14 days of the [decision] determination and before requesting a resolution of the dispute pursuant to NRS 616C.345 to 616C.385, inclusive, appeal that [decision] determination in accordance with the procedure for resolving complaints established by the organization for managed care.
κ1999 Statutes of Nevada, Page 2217 (CHAPTER 465, AB 470)κ
616C.385, inclusive, appeal that [decision] determination in accordance with the procedure for resolving complaints established by the organization for managed care.
2. The procedure for resolving complaints established by the organization for managed care must be informal and must include, but is not limited to, a review of the appeal by a qualified physician or chiropractor who did not make or otherwise participate in making the [decision.] determination.
3. If a person appeals a final determination pursuant to a procedure for resolving complaints established by an organization for managed care and the dispute is not resolved within 14 days after it is submitted, he may request a resolution of the dispute pursuant to NRS 616C.345 to 616C.385, inclusive.
Sec. 10. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request;
(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada attorney for injured workers.
3. If necessary to resolve a medical question concerning an injured employees condition [,] or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor [chosen by the hearing officer.] of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
5. The hearing officer shall render his decision within 15 days after:
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
6. The hearing officer shall render his decision in the most efficient format developed by the chief of the hearings division of the department of administration.
7. The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.
κ1999 Statutes of Nevada, Page 2218 (CHAPTER 465, AB 470)κ
8. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.
Sec. 11. NRS 616C.345 is hereby amended to read as follows:
616C.345 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a) A final [decision] determination was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
any party to the dispute may file a notice of appeal within 70 days after the date on which the final [decision] determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written [decision] determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
3. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a [decision] determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
4. Except as otherwise provided in this subsection, the appeals officer shall, within 10 days after receiving a notice of appeal pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616C.315, schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice and give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled. A request to schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
κ1999 Statutes of Nevada, Page 2219 (CHAPTER 465, AB 470)κ
5. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
6. Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the [decision] determination and the forms necessary to appeal the [decision.] determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.
Sec. 12. NRS 616C.360 is hereby amended to read as follows:
616C.360 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.
2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.
3. If necessary to resolve a medical question concerning an injured employees condition [,] or to determine the necessity of treatment for which authorization for payment has been denied, the appeals officer may refer the employee to a physician or chiropractor [chosen by the appeals officer.] of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.
4. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
5. The appeals officer shall render his decision:
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
6. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.
Sec. 13. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:
Prospective loss cost means the portion of a rate that is based on historical aggregate losses and loss adjustment expenses which are adjusted to their ultimate value and projected to a future point in time. Except as otherwise provided in this section, the term does not include provisions for expenses or profit.
κ1999 Statutes of Nevada, Page 2220 (CHAPTER 465, AB 470)κ
Sec. 14. NRS 686B.1751 is hereby amended to read as follows:
686B.1751 As used in NRS 686B.1751 to 686B.1799, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 686B.1752 to 686B.1762, inclusive, and section 13 of this act, have the meanings ascribed to them in those sections.
Sec. 15. NRS 686B.1765 is hereby amended to read as follows:
686B.1765 The advisory organization may:
1. Develop statistical plans including definitions for the classification of risks.
2. Collect statistical data from its members and subscribers or any other reliable source.
3. Prepare and distribute data on [the basic premium rate or rates, adjusted for expected changes in reported losses and for trends in losses, according to its statistical plan.] prospective loss costs.
4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.
5. Distribute any information filed with the commissioner which is open to public inspection.
6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.
7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.
8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.
9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on [the basic premium rate or rates.] prospective loss costs.
10. Prepare and distribute rules and rating values for the uniform plan for rating experience.
11. Calculate and provide to the insurer the modification of premiums based on the individual employers losses.
12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.
Sec. 16. NRS 686B.177 is hereby amended to read as follows:
686B.177 1. The advisory organization shall file with the commissioner a copy of every basic premium rate, the portion of the rate that is allowable for expenses as determined by the advisory organization, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organizations members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
κ1999 Statutes of Nevada, Page 2221 (CHAPTER 465, AB 470)κ
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurers rate be less than the approved rate by more than the following percentages:
(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.
(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a [5] 15 percent variance.
[(c) For the period beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10 percent variance.
(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.]
Sec. 17. NRS 686B.177 is hereby amended to read as follows:
686B.177 1. The advisory organization shall file with the commissioner a copy of every [basic premium rate,] prospective loss cost, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organizations members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
Sec. 18. NRS 686B.1775 is hereby amended to read as follows:
686B.1775 1. [If the interaction among insurers and employers is presumed or found to be competitive, each] Each insurer shall file with the commissioner all the rates , [and] supplementary rate information, supporting data, and changes and amendments thereof, except any information filed by the advisory organization, which the insurer intends to use in this state. [The insurer shall file the rates and supplementary rate information] An insurer may adopt by reference any supplementary rate information or supporting data that has been previously filed by that insurer and approved by the commissioner. The filing must indicate the date the rates will become effective. An insurer may file its rates pursuant to this subsection by filing:
(a) Final rates; or
(b) A multiplier and, if used by an insurer, a premium charged to each policy of industrial insurance regardless of the size of the policy which, when applied to the prospective loss costs filed by the advisory organization pursuant to NRS 686B.177, will result in final rates.
2. Each insurer shall file the rates, supplementary rate information and supporting data pursuant to subsection 1:
κ1999 Statutes of Nevada, Page 2222 (CHAPTER 465, AB 470)κ
(a) Except as otherwise provided in subsection 4, if the interaction among insurers and employers is presumed or found to be competitive, not later than 15 days [after] before the date the rates become effective. [An insurer may adopt by reference, with or without a deviation, the rates or supplementary rate information filed by any other insurer.
2.] (b) If the commissioner has issued a finding that the interaction is not competitive, [each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least] not later than 60 days before the rates become effective.
3. If the information supplied by an insurer pursuant to [this] subsection 1 is insufficient, the commissioner shall notify the insurer and [the information shall be deemed to be filed when] require the insurer to provide additional information. The filing must not be deemed complete or available for use by the insurer and review by the commissioner must not commence until all the information requested by the commissioner is received by him.
[3.] If the requested information is not received by the commissioner within 60 days after its request, the filing may be disapproved without further review.
4. If, after notice to the insurer and a hearing, the commissioner finds that an insurers rates require supervision because of the insurers financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information , supporting data and any other information required by the commissioner, at least 60 days before they become effective.
[4.] 5. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
[5. Every]
6. Except as otherwise provided in subsection 1, every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.
7. As used in this section, supporting data means:
(a) The experience and judgment of the insurer and of other insurers or of the advisory organization, if relied upon by the insurer;
(b) The interpretation of any statistical data relied upon by the insurer;
(c) A description of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
Sec. 19. NRS 686B.1777 is hereby amended to read as follows:
686B.1777 1. If the commissioner finds that:
(a) The interaction among insurers is not competitive;
(b) The rates filed by insurers whose interaction is competitive are inadequate or unfairly discriminatory; or
(c) The rates violate the provisions of this chapter,
the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.
κ1999 Statutes of Nevada, Page 2223 (CHAPTER 465, AB 470)κ
2. The commissioner may disapprove any rate [which must be filed before it becomes effective] without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
Sec. 20. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer [:
(a) At any time after the rate becomes effective; or
(b) At] at any time . [before the rate becomes effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; or
(b) The rate is inadequate, excessive or unfairly discriminatory.
Sec. 21. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer [:
(a) At any time after the rate becomes effective; or
(b) At] at any time . [before the rate becomes effective if the insurer is required to file its rates before they become effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner;
(b) The rate is inadequate or unfairly discriminatory and the interaction among insurers and employers is competitive; or
(c) A rate is inadequate, excessive or unfairly discriminatory and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.
Sec. 22. NRS 686B.1784 is hereby amended to read as follows:
686B.1784 1. The commissioner may examine any insurer, advisory organization or plan for apportioned risks whenever he determines that such an examination is necessary.
2. The reasonable cost of an examination must be paid by the insurer or other person examined upon presentation by the commissioner of an accounting of those costs pursuant to NRS 679B.290.
3. In lieu of an examination, the commissioner may accept the report of an examination made by the agency of another state that regulates insurance.
Sec. 23. NRS 686B.1793 is hereby amended to read as follows:
686B.1793 1. [A] An insurer or other person who violates any provision of NRS 686B.1751 to 686B.1799, inclusive, and section 13 of this act shall, upon the order of the commissioner, pay an administrative fine not to exceed $1,000 for each violation and not to exceed $10,000 for each willful violation. These administrative fines are in addition to any other penalty provided by law. Any insurer using a rate before it has been filed with the commissioner as required by NRS 686B.1775, shall be deemed to have committed a separate violation for each day the insurer failed to file the rate.
2. The commissioner may suspend or revoke the license of any advisory organization or insurer who fails to comply with an order within the time specified by the commissioner or any extension of that time made by the commissioner.
κ1999 Statutes of Nevada, Page 2224 (CHAPTER 465, AB 470)κ
commissioner. Any suspension of a license is effective for the time stated by the commissioner in his order or until the order is modified, rescinded or reversed.
3. The commissioner, by written order, may impose a penalty or suspend a license pursuant to this section only after written notice to the insurer, organization or plan for apportioned risks and a hearing.
Sec. 24. Section 197 of chapter 580, Statutes of Nevada 1995, as amended by chapter 410, Statutes of Nevada 1997, at page 1456, is hereby amended to read as follows:
Sec. 197. 1. This section and sections 25 to 36, inclusive, 44, 86, 119, 127, 128, 186.5, 188, 194, 195 and 196 of this act become effective upon passage and approval.
2. Section 68 of this act becomes effective at 12:01 a.m. on July 1, 1995.
3. Section 161 of this act becomes effective on July 1, [2003.] 2001.
4. The remaining sections of this act become effective:
(a) Upon passage and approval for the purposes of:
(1) The adoption of regulations by the commissioner of insurance and the administrator of the division of industrial relations of the department of business and industry.
(2) The qualification of private carriers to sell industrial insurance.
(3) The designation of a licensed advisory organization by the commissioner and the initial filing of classifications of risk, the uniform plan for rating experience and the uniform statistical plan, by that organization.
(4) The inspection of the records of the system, the Nevada industrial commission and the administrator with respect to the self-insured employers, by the commissioner and the advisory organization.
(5) The filing, by private carriers and the system, of rates to be used by them.
(b) For all other purposes on July 1, 1999.
5. Section 145 of this act expires by limitation on July 1, 2001.
Sec. 25. Section 81 of chapter 410, Statutes of Nevada 1997, as amended by section 36 of Senate Bill No. 453 of this session, is hereby amended to read as follows:
Sec. 81. 1. This section and sections 3 to 10, inclusive, 12, 13, 15, 15.5, 16, 17, 20, 21, 22, 27, 28, 35, 40.5, 41, 42, 61, 62, 62.5, 63, 65, 67, 70, 72, 74, 76, 78, 79 and 80 of this act become effective on July 1, 1997.
2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1997.
3. Sections 1, 11, 26, 36, 37, 38, 39, 43, 45, 46, 49, 51, 52, 53, 54, 58 and 59 of this act become effective on January 1, 1998.
4. Section 50 of this act becomes effective at 12:01 a.m. on January 1, 1998.
κ1999 Statutes of Nevada, Page 2225 (CHAPTER 465, AB 470)κ
5. Sections 18, 23, 40, 48, 57, 60, 77 and 77.5 of this act become effective on July 1, 1999.
6. Sections 64, 66, 68, 71, 73 and 75 of this act become effective on July 1, [2003.] 2001.
Sec. 26. 1. This section and sections 14, 16, 20, 22, 23, 24 and 25 of this act become effective at 12:01 a.m. on July 1, 1999.
2. Sections 1 to 7, inclusive, and 9 to 12, inclusive, of this act become effective on October 1, 1999.
3. Sections 8 and 8.5 of this act become effective at 12:01 a.m. on October 1, 1999.
4. Section 13, 15, 17, 18, 19 and 21 of this act become effective at 12:01 a.m. on July 1, 2001.
________
Assembly Bill No. 429Committee on Health and Human Services
CHAPTER 466
AN ACT relating to public welfare; clarifying the duties of and making various changes concerning the division of health care financing and policy of the department of human resources; making various changes concerning the childrens health insurance program; repealing the prospective expiration of the provisions governing the division of health care financing and policy; providing a penalty; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Childrens health insurance program means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance for uninsured children from low-income families in this state.
Sec. 3. 1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the division of health care financing and policy is responsible, the administrator shall give at least 30 days notice of his intended action.
2. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
κ1999 Statutes of Nevada, Page 2226 (CHAPTER 466, AB 429)κ
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the administrator for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The administrator shall consider fully all oral and written submissions relating to the proposed regulation.
4. The administrator shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to this section in the manner provided in subsections 1 and 2 of NRS 241.035.
5. The administrator may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.
6. An objection to any regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after its effective date.
Sec. 4. 1. If the division of health care financing and policy denies an application for the childrens health insurance program, the division shall provide written notice of the decision to the applicant. An applicant who disagrees with the denial of the application may request a review of the case and a hearing before an impartial hearing officer by filing a written request within 30 days after the date of the notice of the decision at the address specified in the notice.
2. The division of health care financing and policy shall adopt regulations regarding the review and hearing before an impartial hearing officer. The decision of the hearing officer must be in writing.
3. The applicant may at any time within 30 days after the date on which the written decision is mailed, petition the district court of the judicial district in which the applicant resides to review the decision. The district court shall review the decision on the record. The decision and record must be certified as correct and filed with the court by the administrator of the division for health care financing and policy.
4. The review by the court must be in accordance with NRS 422.299.
Sec. 5. NRS 422.001 is hereby amended to read as follows:
422.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.010 to 422.055, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 422.050 is hereby amended to read as follows:
422.050 1. Public assistance includes:
[1.] (a) State supplementary assistance;
[2.] (b) Temporary assistance for needy families;
[3.] (c) Medicaid;
[4.] (d) Food stamp assistance;
[5.] (e) Low-income home energy assistance;
[6.] (f) The program for child care and development; and
κ1999 Statutes of Nevada, Page 2227 (CHAPTER 466, AB 429)κ
[7.] (g) Benefits provided pursuant to any other public welfare program administered by the welfare division or the division of health care financing and policy pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
2. The term does not include the childrens health insurance program.
Sec. 7. NRS 422.2352 is hereby amended to read as follows:
422.2352 As used in NRS 422.2352 to 422.2374, inclusive, and section 3 of this act, 422.301 to 422.306, inclusive, and 422.380 to 422.390, inclusive, unless the context otherwise requires, administrator means the administrator of the division of health care financing and policy.
Sec. 8. NRS 422.2366 is hereby amended to read as follows:
422.2366 1. The administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the division of health care financing and policy at a designated time and place and the production of books, papers and records relative to:
(a) Eligibility or continued eligibility to provide medical care, remedial care or other services pursuant to the state plan for Medicaid [;] or the childrens health insurance program; and
(b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the state plan for Medicaid [.] or the childrens health insurance program.
2. If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.
Sec. 9. NRS 422.290 is hereby amended to read as follows:
422.290 1. To restrict the use or disclosure of any information concerning applicants for and recipients of public assistance or assistance pursuant to the childrens health insurance program to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the welfare division and the division of health care financing and policy shall establish and enforce reasonable regulations governing the custody, use and preservation of any records, files and communications filed with the welfare division or the division of health care financing and policy.
2. If, pursuant to a specific statute or a regulation of the welfare division or the division of health care financing and policy, names and addresses of, or information concerning, applicants for and recipients of assistance , including, without limitation, assistance pursuant to the childrens health insurance program, are furnished to or held by any other agency or department of government, such agency or department of government is bound by the regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.
3. Except for purposes directly connected with the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to a recipient of assistance , including, without limitation, a recipient of assistance pursuant to the childrens health insurance program, under the provisions of this chapter.
κ1999 Statutes of Nevada, Page 2228 (CHAPTER 466, AB 429)κ
recipient of assistance , including, without limitation, a recipient of assistance pursuant to the childrens health insurance program, under the provisions of this chapter.
Sec. 10. NRS 422.293 is hereby amended to read as follows:
422.293 1. When a recipient of Medicaid or a recipient of insurance provided pursuant to the childrens health insurance program incurs an illness or injury for which medical services are payable [under the state plan] by the department and which is incurred under circumstances creating a legal liability in some person other than the recipient or a division of the department to pay all or part of the costs of such services, the department is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.
2. If a recipient or his successors in interest fail or refuse to commence an action to enforce the legal liability, the department may commence an independent action, after notice to the recipient or his successors in interest, to recover all costs to which it is entitled. In any such action by the department, the recipient or his successors in interest may be joined as third-party defendants.
3. In any case where the department is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the department has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. Such a lien must be satisfied in full, unless reduced pursuant to subsection 5, at such time as:
(a) The proceeds of any recovery or settlement are distributed to or on behalf of the recipient, his successors in interest or his attorney; and
(b) A dismissal by any court of any action brought to enforce the legal liability established by subsection 1.
No such lien is enforceable unless written notice is first given to the person against whom the lien is asserted.
4. The recipient or his successors in interest shall notify the department in writing before entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1. Except if extraordinary circumstances exist, a person who fails to comply with the provisions of this subsection shall be deemed to have waived any consideration by the director or his designated representative of a reduction of the amount of the lien pursuant to subsection 5 and shall pay to the department all costs to which it is entitled and its court costs and attorneys fees.
5. If the department receives notice pursuant to subsection 4, the director or his designated representative may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery.
6. The attorney of a recipient:
(a) Shall not condition the amount of attorneys fees or impose additional attorneys fees based on whether a reduction of the lien is authorized by the director or his designated representative pursuant to subsection 5.
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(b) Shall reduce the amount of the fees charged the recipient for services provided by the amount the attorney receives from the reduction of a lien authorized by the director or his designated representative pursuant to subsection 5.
Sec. 11. NRS 422.29314 is hereby amended to read as follows:
422.29314 1. The welfare division shall provide public assistance pursuant to:
(a) The program established to provide temporary assistance for needy families;
(b) [The program for assistance to the medically indigent;] Medicaid; or
(c) Any program for which a grant has been provided to this state pursuant to 42 U.S.C. §§ 1397 et seq.,
to a qualified alien who complies with the requirements established by the welfare division pursuant to federal law and this chapter for the receipt of benefits pursuant to that program.
2. As used in this section, qualified alien has the meaning ascribed to it in 8 U.S.C. § 1641.
Sec. 12. NRS 422.294 is hereby amended to read as follows:
422.294 1. Subject to the provisions of subsection 2, if an application for public assistance or claim for services is not acted upon by the [welfare division] department within a reasonable time after the filing of the application [,] or claim for services, or is denied in whole or in part, or if any grant of public assistance or claim for services is reduced, suspended or terminated, the applicant for or recipient of public assistance may appeal to the [welfare division] department and may be represented in the appeal by counsel or other representative of his choice.
2. Upon the initial decision to deny, reduce, suspend or terminate public assistance [, the welfare division] or services, the department shall notify that applicant or recipient of its decision, the regulations involved and his right to request a hearing within a certain period. If a request for a hearing is received within that period, the [welfare division] department shall notify that person of the time, place and nature of the hearing. The [welfare division] department shall provide an opportunity for a hearing of that appeal and shall review his case regarding all matters alleged in that appeal.
3. The [welfare division] department is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this state that requires an automatic adjustment to the amount of public assistance or services that may be received by an applicant or recipient.
Sec. 13. NRS 422.296 is hereby amended to read as follows:
422.296 1. At any hearing held pursuant to the provisions of subsection 2 of NRS 422.294, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
2. Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.
3. The record of a hearing must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Questions and offers of proof and objections, and rulings thereon.
κ1999 Statutes of Nevada, Page 2230 (CHAPTER 466, AB 429)κ
(d) Any decision, opinion or report by the hearing officer presiding at the hearing.
4. Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.
5. Findings of fact must be based exclusively on substantial evidence.
6. Any employee or other representative of the [welfare division] department who investigated or made the initial decision to deny, modify or cancel a grant of public assistance shall not participate in the making of any decision made pursuant to the hearing.
Sec. 14. NRS 422.298 is hereby amended to read as follows:
422.298 1. A decision or order issued by a hearing officer must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail to each party and to his attorney or other representative.
2. The [welfare division] department or an applicant for or recipient of public assistance or services may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which the applicant for or recipient of public assistance resides to review the decision. The district court shall review the decision on the record of the case before the hearing officer. The decision and record must be certified as correct and filed with the clerk of the court by the [state welfare administrator.] department.
Sec. 15. NRS 422.299 is hereby amended to read as follows:
422.299 1. Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the [welfare division,] department, the court may order that the additional evidence be taken before the [welfare division] department upon conditions determined by the court. The [welfare division] department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
2. The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the [welfare division,] department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
3. The court shall not substitute its judgment for that of the [welfare division] department as to the weight of the evidence on questions of fact. The court may affirm the decision of the [welfare division] department or remand the case for further proceedings. The court may reverse the decision and remand the case to the [division] department for further proceedings if substantial rights of the appellant have been prejudiced because the [welfare divisions] departments findings, inferences, conclusions or decisions are:
κ1999 Statutes of Nevada, Page 2231 (CHAPTER 466, AB 429)κ
(a) In violation of constitutional, regulatory or statutory provisions;
(b) In excess of the statutory authority of the [welfare division;] department;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the supreme court. The appeal must be taken in the manner provided for civil cases.
Sec. 16. NRS 422.306 is hereby amended to read as follows:
422.306 1. Upon receipt of a request for a hearing from a provider of services under the state plan for Medicaid, the division of health care financing and policy shall appoint a hearing officer to conduct the hearing. Any employee or other representative of the division of health care financing and policy who investigated or made the initial decision regarding the action taken against a provider of services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.
2. The division of health care financing and policy shall adopt regulations prescribing the procedures to be followed at the hearing.
3. The decision of the hearing officer is a final decision. Any party, including the division of health care financing and policy, who is aggrieved by the decision of the hearing officer may appeal that decision to the district court [.] in and for Carson City by filing a petition for judicial review within 30 days after receiving the decision of the hearing officer.
4. A petition for judicial review filed pursuant to this section must be served upon every party within 30 days after the filing of the petition for judicial review.
5. Unless otherwise provided by the court:
(a) Within 90 days after the service of the petition for judicial review, the division of health care financing and policy shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including, without limitation, a transcript of the evidence resulting in the final decision of the hearing officer;
(b) The petitioner who is seeking judicial review pursuant to this section shall serve and file an opening brief within 40 days after the division of health care financing and policy gives written notice to the parties that the record of the proceeding under review has been filed with the court;
(c) The respondent shall serve and file an answering brief within 30 days after service of the opening brief; and
(d) The petitioner may serve and file a reply brief within 30 days after service of the answering brief.
6. Within 7 days after the expiration of the time within which the petitioner may reply, any party may request a hearing. Unless a request for hearing has been filed, the matter shall be deemed submitted.
κ1999 Statutes of Nevada, Page 2232 (CHAPTER 466, AB 429)κ
7. The review of the court must be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the division of health care financing and policy;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Sec. 17. NRS 422.369 is hereby amended to read as follows:
422.369 A person authorized by the [welfare] division of health care financing and policy to furnish the types of medical and remedial care for which assistance may be provided under the plan, or an agent or employee of the authorized person, who, with the intent to defraud, furnishes such care upon presentation of a Medicaid card which he knows was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged, expired or revoked, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
Sec. 18. NRS 422.3742 is hereby amended to read as follows:
422.3742 1. If the plan for personal responsibility signed by the head of a household pursuant to NRS 422.3724 includes a provision providing for the payment of transitional assistance to the head of the household, the welfare division may provide transitional assistance to the head of the household if the household becomes ineligible for benefits for one or more of the reasons described in 42 U.S.C. § 608(a)(11). The welfare division shall not provide transitional assistance pursuant to this section for more than 12 consecutive months.
2. As used in this section, transitional assistance means:
(a) Assistance provided by the welfare division to low-income families to pay for the costs of child care; or
(b) Medicaid provided pursuant to the plan administered by the [welfare division] department pursuant to NRS 422.271.
Sec. 19. NRS 422.385 is hereby amended to read as follows:
422.385 1. The allocations and payments required pursuant to NRS 422.387 must be made, to the extent allowed by the state plan for Medicaid, from the Medicaid budget account.
2. Except as otherwise provided in subsection 3, the money in the intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the account exceeds the amount authorized for expenditure by the division of health care financing and policy for the purposes specified in NRS 422.387, the division of health care financing and policy is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.
κ1999 Statutes of Nevada, Page 2233 (CHAPTER 466, AB 429)κ
authorized for expenditure by the division of health care financing and policy for the purposes specified in NRS 422.387, the division of health care financing and policy is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.
3. If enough money is available to support Medicaid, money in the intergovernmental transfer account may be transferred to an account established for the provision of health care services to uninsured children [who are under the age of 13 years] pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the childrens health insurance program, if enough money is available to continue to satisfy existing obligations of the Medicaid program or to carry out the provisions of NRS 439B.350 to 439B.360.
Sec. 20. NRS 422.410 is hereby amended to read as follows:
422.410 1. Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance , or money, property, medical or remedial care or any other service provided pursuant to the childrens health insurance program, having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. For the purposes of subsection 1, whenever a recipient of temporary assistance for needy families pursuant to the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.
3. For the purposes of subsection 1, public assistance includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.
Sec. 21. NRS 422.580 is hereby amended to read as follows:
422.580 1. A provider who receives payment to which he is not entitled by reason of a violation of NRS 422.540, 422.550, 422.560 or 422.570 is liable for:
(a) An amount equal to three times the amount unlawfully obtained;
(b) Not less than $5,000 for each false claim, statement or representation;
(c) An amount equal to three times the total of the reasonable expenses incurred by the state in enforcing this section; and
(d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made pursuant to the plan.
2. A criminal action need not be brought against the provider before civil liability attaches under this section.
κ1999 Statutes of Nevada, Page 2234 (CHAPTER 466, AB 429)κ
3. A provider who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the provider returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.
4. The attorney general shall cause appropriate legal action to be taken on behalf of the state to enforce the provisions of this section.
5. Any penalty or repayment of money collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the [welfare division.] department.
Sec. 22. NRS 426A.060 is hereby amended to read as follows:
426A.060 1. The advisory committee on traumatic brain injuries, consisting of 11 members, is hereby created.
2. The administrator shall appoint to the committee:
(a) One member who is an employee of the rehabilitation division of the department.
(b) One member who is an employee of the [welfare] division of health care financing and policy of the department of human resources and participates in the administration of the state program providing Medicaid.
(c) One member who is a licensed insurer in this state.
(d) One member who represents the interests of educators in this state.
(e) One member who is a person professionally qualified in the field of psychiatric mental health.
(f) Two members who are employees of private providers of rehabilitative health care located in this state.
(g) One member who represents persons who operate community-based programs for head injuries in this state.
(h) One member who represents hospitals in this state.
(i) Two members who represent the recipients of health care in this state.
3. After the initial appointments, each member of the committee serves a term of 3 years.
4. The committee shall elect one of its members to serve as chairman.
5. Members of the committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally [.] , except that members of the committee may receive any per diem allowance and travel expenses that may be authorized by the committee if the payment of the per diem allowance and travel expenses:
(a) Is made from money received by the committee from a source other than the State of Nevada; and
(b) Is not inconsistent with any condition attached to the acceptance of that money.
6. The committee may:
(a) Make recommendations to the administrator relating to the establishment and operation of any program for persons with traumatic brain injuries.
(b) Make recommendations to the administrator concerning proposed legislation relating to traumatic brain injuries.
(c) Collect information relating to traumatic brain injuries.
κ1999 Statutes of Nevada, Page 2235 (CHAPTER 466, AB 429)κ
(d) Apply for grants.
(e) Accept and expend any money made available to the committee by gift, grant, donation or bequest.
7. The committee shall prepare a report of its activities and recommendations each year and submit a copy to the:
(a) Director of the department;
(b) Administrator;
(c) Legislative committee on health care; and
(d) Legislative commission.
8. As used in this section:
(a) Administrator means the administrator of the rehabilitation division of the department.
(b) Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 23. NRS 428.090 is hereby amended to read as follows:
428.090 1. When a nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners or by NRS 439B.310, if applicable, falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.
2. If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial or cremation.
3. Except as otherwise provided in NRS 422.382, the board of county commissioners shall make such allowance for the persons board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent provided in NRS 422.382 and to the extent of the amount of money or the value of services provided by:
(a) The [welfare division of the] department of human resources to or for such persons for medical care or any type of remedial care under the state plan for Medicaid; and
(b) The fund for hospital care to indigent persons under the provisions of NRS 428.115 to 428.255, inclusive.
Sec. 24. NRS 228.410 is hereby amended to read as follows:
228.410 1. The attorney general has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the plan or in the provision of medical assistance [.] pursuant to the plan. The provisions of this section notwithstanding, the welfare division and the division of health care financing and policy of the department of human resources shall enforce the plan and any regulations adopted pursuant thereto.
κ1999 Statutes of Nevada, Page 2236 (CHAPTER 466, AB 429)κ
and policy of the department of human resources shall enforce the plan and any regulations adopted pursuant thereto.
2. For this purpose, the attorney general shall establish within his office the Medicaid fraud control unit. The unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator who, to the extent practicable, have expertise in nursing, medicine and the administration of medical facilities.
3. The attorney general, acting through the Medicaid fraud control unit:
(a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;
(b) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the plan and, when appropriate, investigate and prosecute the persons responsible;
(c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities that receive payments under the plan and, when appropriate, shall prosecute the persons responsible;
(d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and
(e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out the provisions of this section.
4. When acting pursuant to NRS 228.175 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.
5. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Plan means the state plan for Medicaid established pursuant to NRS 422.271.
Sec. 25. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
Childrens health insurance program has the meaning ascribed to it in section 2 of this act.
Sec. 26. NRS 232.365 is hereby amended to read as follows:
232.365 As used in NRS 232.365 to 232.373, inclusive, and section 25 of this act unless the context otherwise requires, the words and terms defined in NRS 232.367, 232.369 and 232.371 and section 25 of this act have the meanings ascribed to them in those sections.
Sec. 27. NRS 232.373 is hereby amended to read as follows:
232.373 The purposes of the division are:
1. To ensure that the Medicaid provided by this state [is] and the insurance provided pursuant to the childrens health insurance program in this state are provided in the manner that is most efficient to this state.
2. To evaluate alternative methods of providing Medicaid [.] and providing insurance pursuant to the childrens health insurance program.
κ1999 Statutes of Nevada, Page 2237 (CHAPTER 466, AB 429)κ
3. To review Medicaid , the childrens health insurance program and other health programs of this state to determine the maximum amount of money that is available from the Federal Government for such programs.
4. To promote access to quality health care for all residents of this state.
5. To restrain the growth of the cost of health care in this state.
Sec. 28. NRS 274.270 is hereby amended to read as follows:
274.270 1. The governing body shall investigate the proposal made by a business pursuant to NRS 274.260, and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this state or reduce employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter and NRS 374.643 for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:
(a) Unemployed persons who have resided at least 6 months in the municipality.
(b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.
(c) Recipients of benefits under any state or county program of public assistance, including , without limitation, temporary assistance for needy families, [aid to the medically indigent] Medicaid and unemployment compensation who have resided at least 6 months in the municipality.
(d) Persons with a physical or mental handicap who have resided at least 6 months in the state.
(e) Residents for at least 1 year of the area comprising the specially benefited zone.
2. To determine whether a business is in compliance with an agreement, the governing body:
(a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.
(b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specially benefited zone.
If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.
3. The governing body shall file with the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation a copy of each agreement, the information submitted under paragraph (a) of subsection 2 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation whenever the business is no longer certified.
κ1999 Statutes of Nevada, Page 2238 (CHAPTER 466, AB 429)κ
shall immediately notify the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation whenever the business is no longer certified.
Sec. 29. Chapter 439B of NRS is hereby amended by adding thereto a new section to read as follows:
Childrens health insurance program has the meaning ascribed to it in section 2 of this act.
Sec. 30. NRS 439B.010 is hereby amended to read as follows:
439B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 439B.030 to 439B.150, inclusive, and section 29 of this act have the meanings ascribed to them in those sections.
Sec. 31. NRS 439B.310 is hereby amended to read as follows:
439B.310 For the purposes of NRS 439B.300 to 439B.340, inclusive, indigent means those persons:
1. Who are not covered by any policy of health insurance;
2. Who are ineligible for Medicare, Medicaid, the childrens health insurance program, the benefits provided pursuant to NRS 428.115 to 428.255, inclusive, or any other federal or state program of public assistance covering the provision of health care;
3. Who meet the limitations imposed by the county upon assets and other resources or potential resources; and
4. Whose income is less than:
(a) For one person living without another member of a household, $438.
(b) For two persons, $588.
(c) For three or more persons, $588 plus $150 for each person in the family in excess of two.
For the purposes of this subsection, income includes the entire income of a household and the amount which the county projects a person or household is able to earn. Household is limited to a person and his spouse, parents, children, brothers and sisters residing with him.
Sec. 32. NRS 441A.220 is hereby amended to read as follows:
441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
κ1999 Statutes of Nevada, Page 2239 (CHAPTER 466, AB 429)κ
6. If the person who is the subject of the information consents in writing to the disclosure.
7. Pursuant to subsection 2 of NRS 441A.320.
8. If the disclosure is made to [the welfare division of] the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
10. If the disclosure is authorized or required by specific statute.
Sec. 33. NRS 632.072 is hereby amended to read as follows:
632.072 1. The advisory committee on nursing assistants, consisting of 10 members appointed by the board, is hereby created.
2. The board shall appoint to the advisory committee:
(a) One representative of facilities for long-term care;
(b) One representative of medical facilities which provide acute care;
(c) One representative of agencies to provide nursing in the home;
(d) One representative of the health division of the department of human resources;
(e) One representative of the [welfare] division of health care financing and policy of the department of human resources;
(f) One representative of the aging services division of the department of human resources;
(g) One representative of the American Association of Retired Persons or a similar organization;
(h) A nursing assistant;
(i) A registered nurse; and
(j) A licensed practical nurse.
3. The advisory committee shall advise the board with regard to matters relating to nursing assistants.
Sec. 34. NRS 689A.505 is hereby amended to read as follows:
689A.505 Creditable coverage means, with respect to a person, health benefits or coverage provided pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, also known as Medicare;
4. Title XIX of the Social Security Act, also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title;
5. Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS));
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
8. A health plan offered pursuant to chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program (FEHBP));
κ1999 Statutes of Nevada, Page 2240 (CHAPTER 466, AB 429)κ
9. A public health plan as defined in [federal regulations] 45 C.F.R. § 146.113, authorized by the Public Health Service Act, section 2701(c)(1)(I), as amended by Public Law 104-191 [; or] , 42 U.S.C. § 300gg(c)(1)(I);
10. A health benefit plan under section 5(e) of the Peace Corps Act , [(] 22 U.S.C. § 2504(e) [).] ; or
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive.
Sec. 35. NRS 689B.380 is hereby amended to read as follows:
689B.380 Creditable coverage means health benefits or coverage provided to a person pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, also known as Medicare;
4. Title XIX of the Social Security Act, also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title;
5. Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS));
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
8. A health plan offered pursuant to chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program (FEHBP));
9. A public health plan as defined in [federal regulations] 45 C.F.R. § 146.113, authorized by the Public Health Service Act, section 2701(c)(1)(I), as amended by Public Law 104-191 [; or] , 42 U.S.C. § 300gg(c)(1)(I);
10. A health benefit plan under section 5(e) of the Peace Corps Act , [(] 22 U.S.C. § 2504(e) [).] ; or
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive.
Sec. 36. NRS 689C.053 is hereby amended to read as follows:
689C.053 Creditable coverage means health benefits or coverage provided to a person pursuant to:
1. A group health plan;
2. A health benefit plan;
3. Part A or Part B of Title XVIII of the Social Security Act, also known as Medicare;
4. Title XIX of the Social Security Act, also known as Medicaid, other than coverage consisting solely of benefits under section 1928 of that Title;
5. Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS));
6. A medical care program of the Indian Health Service or of a tribal organization;
7. A state health benefit risk pool;
8. A health plan offered pursuant to chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program (FEHBP));
9. A public health plan as defined in federal regulations authorized by the Public Health Service Act, section 2701(c)(1)(I), as amended by Public Law 104-191; [or]
κ1999 Statutes of Nevada, Page 2241 (CHAPTER 466, AB 429)κ
10. A health benefit plan under section 5(e) of the Peace Corps Act , [(] 22 U.S.C. § 2504(e) [).] ; or
11. The childrens health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive.
Sec. 37. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid or insurance pursuant to the childrens health insurance program pursuant to a contract with the [welfare] division of health care financing and policy of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 38. Section 2 of chapter 442, Statutes of Nevada 1997, at page 1559, is hereby amended to read as follows:
Sec. 2. 1. On or before October 1, [1999,] 2001, except as otherwise provided in subsection 3, in carrying out its duties regarding the administration of Medicaid, the welfare division of the department of human resources may enter into a contract for the provision of pharmaceutical services through managed care to recipients of Medicaid if the welfare division and the legislative committee on health care determine that such a contract:
(a) Is cost effective;
(b) Is the most convenient method of providing pharmaceutical services to the recipients of Medicaid; and
(c) Includes access to pharmacies licensed in this state to the maximum extent possible.
2. If the welfare division enters into a contract pursuant to subsection 1, except for any limitations on coverage provided pursuant to 42 U.S.C. § 1396r-8(d)(2) or (6), the contract must provide for reimbursement for the dispensing of a drug to a recipient of Medicaid, without requiring any prior or retroactive approval, if the drug:
(a) Has been approved or designated as safe and effective by the Food and Drug Administration; and
κ1999 Statutes of Nevada, Page 2242 (CHAPTER 466, AB 429)κ
(b) Is prescribed by a physician who determines that the drug is appropriate for the diagnosis or treatment of the recipient of Medicaid.
3. The provisions of this section do not apply to a contract that provides services only to recipients who are eligible to receive benefits pursuant to:
(a) The program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act , [(] 42 U.S.C. §§ 601 et seq. , [)] and other provisions of that act relating to temporary assistance for needy families; or
(b) The child health assurance program established pursuant to 42 U.S.C. § 1396a(a)(10)(A)(i)(IV), (VI) or (VII).
Sec. 39. Section 89 of chapter 550, Statutes of Nevada 1997, at page 2644, is hereby amended to read as follows:
Sec. 89. 1. This section and sections 2 to 14.1, inclusive, 14.3 to 29, inclusive, 32 to 43, inclusive, 45, 47, 49 to 54, inclusive, 56, 57, 59, 63, 64, 67 to 71, inclusive, and 74 to 88, inclusive, of this act become effective on July 1, 1997.
2. Sections 1, 30, 30.5, 44, 46, 48, 54.5, 58, 60, 61, 62, 65, 66, 72 and 73 of this act become effective at 12:01 a.m. on July 1, 1997.
3. Sections 31 and 55 of this act become effective at 12:02 a.m. on July 1, 1997.
4. Section 14.2 of this act becomes effective on July 1, 1998.
5. Section 14.1 of this act expires by limitation on June 30, 1998.
6. Sections [1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54, inclusive, 55 to 80.3, inclusive, and 84 of this act, and subsection 1 of section 81 of this act, expires] 78 and 79 of this act expire by limitation on June 30, 1999.
Sec. 40. Section 3 of Assembly Bill No. 249 of this session is hereby amended to read as follows:
Sec. 3. NRS 422.2935 is hereby amended to read as follows:
422.2935 1. Except as otherwise provided in this section [, the welfare division shall,] and to the extent it is not prohibited by federal law and when circumstances allow [:
(a) Recover] , the welfare division shall recover benefits correctly paid for Medicaid from:
[(1)] (a) The undivided estate of the person who received those benefits; and
[(2)] (b) Any recipient of money or property from the undivided estate of the person who received those benefits.
[(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:
(1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or
κ1999 Statutes of Nevada, Page 2243 (CHAPTER 466, AB 429)κ
(2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.]
2. The welfare division shall not recover benefits pursuant to [paragraph (a) of] subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.
3. Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.
4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.
5. The state welfare administrator may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The administrator shall adopt regulations defining the circumstances that constitute an undue hardship.
6. Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.
7. [An action to recover money owed to the department as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:
(a) The death of the recipient of Medicaid;
(b) The death of the surviving spouse of the recipient of Medicaid;
(c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and
(d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.] Any recovery by the welfare division from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:
(a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or
(b) The value of the remaining assets in the undivided estate,
whichever is less.
κ1999 Statutes of Nevada, Page 2244 (CHAPTER 466, AB 429)κ
Sec. 41. Section 4 of Assembly Bill No. 249 of this session is hereby amended to read as follows:
Sec. 4. NRS 422.29355 is hereby amended to read as follows:
422.29355 1. The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a) The welfare division may obtain a lien against a recipients property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.
(b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.
2. No lien may be placed on a recipients home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:
(a) His spouse;
(b) His child who is under 21 years of age or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
is lawfully residing in the home.
3. Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in NRS 422.054.
4. The state welfare administrator shall release a lien pursuant to this section:
(a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;
(b) If the lien was incorrectly determined; or
(c) Upon satisfaction of the claim of the welfare division.
Sec. 42. Assembly Bill No. 305 of this session is hereby amended by deleting sec. 33 and adding:
Sec. 33. (Deleted by amendment.)
Sec. 43. Assembly Bill No. 305 of this session is hereby amended by deleting sec. 37 and adding:
Sec. 37. (Deleted by amendment.)
Sec. 44. Section 45 of Assembly Bill No. 305 of this session is hereby amended to read as follows:
Sec. 45. [1. This section and sections 1 to 32, inclusive, 34, 35, 36, 38 to 44, inclusive, and 46 of this act become] This act becomes effective upon passage and approval.
κ1999 Statutes of Nevada, Page 2245 (CHAPTER 466, AB 429)κ
[2. Sections 33 and 37 of this act become effective at 12:01 a.m. on July 1, 1999.
3. Sections 32 and 36 of this act expire by limitation on July 1, 1999.]
Sec. 45. Section 2 of Assembly Bill No. 483 of this session is hereby amended to read as follows:
Sec. 2. NRS 441A.220 is hereby amended to read as follows:
441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
6. If the person who is the subject of the information consents in writing to the disclosure.
7. Pursuant to subsection 2 of NRS 441A.320 [.] or section 3 of this act.
8. If the disclosure is made to the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
10. If the disclosure is authorized or required by specific statute.
Sec. 46. Section 1 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:
(a) The local office of the aging services division of the department of human resources;
κ1999 Statutes of Nevada, Page 2246 (CHAPTER 466, AB 429)κ
(b) A police department or sheriffs office;
(c) The countys office for protective services, if one exists in the county where the suspected action occurred; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect, exploitation or isolation of an older person involves an act or omission of the aging services division, another division of the department of human resources or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
κ1999 Statutes of Nevada, Page 2247 (CHAPTER 466, AB 429)κ
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. A person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected, exploited or isolated, the aging services division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 47. Section 2 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 2. NRS 200.50984 is hereby amended to read as follows:
200.50984 1. Notwithstanding any other statute to the contrary, the local office of the aging services division of the department of human resources and a countys office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that persons medical and financial records.
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the [department of human resources] aging services division or the countys office for protective services shall obtain the consent of the older person before inspecting those records. If the [department of human resources] aging services division or the countys office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent.
κ1999 Statutes of Nevada, Page 2248 (CHAPTER 466, AB 429)κ
aging services division or the countys office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the [department of human resources] aging services division or the countys office for protective services shall obtain the consent of the guardian before inspecting those records. If the [department of human resources] aging services division or the countys office for protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
Sec. 48. Section 3 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 3. NRS 200.50986 is hereby amended to read as follows:
200.50986 The local office of the aging services division of the department of human resources or the countys office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the [department of human resources] aging services division or the countys office of protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5095 to 200.50995, inclusive.
Sec. 49. Section 4 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 1999.
Sec. 50. Section 1 of Senate Bill No. 398 of this session is hereby amended to read as follows:
Section 1. NRS 422.245 is hereby amended to read as follows:
422.245 Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the welfare division or the division of health care financing and policy is responsible and such other money as may be received by the state for such purposes must , except as otherwise provided in section 2 of this act, be deposited in the appropriate accounts of the welfare division or the division of health care financing and policy in the state general fund.
Sec. 51. Section 4 of Senate Bill No. 398 of this session is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 1999.
Sec. 52. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2249κ
Assembly Bill No. 400Assemblymen Lee, Anderson, Bache and Goldwater
CHAPTER 467
AN ACT relating to the devolution of property and rights; providing for the administration of trusts and the estates of decedents; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 71, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires, the words and terms defined in sections 3 to 71, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Abatement means a proportional reduction of a pecuniary devise when the money or other assets out of which the devise is payable are not sufficient to pay the devise in full.
Sec. 4. Acknowledgment means a declaration that an instrument has been executed for the purposes stated therein and, if the instrument was executed in a representative capacity, that the instrument was signed with proper authority and executed as the act of the person represented and identified therein.
Sec. 5. Administrator means a person not designated in a will who is appointed by the court to administer an estate.
Sec. 6. Agent means a person authorized to represent or act for another person, including an attorney in fact under a durable or nondurable power of attorney and a person authorized to make decisions concerning the health care of another person.
Sec. 7. Beneficiary, as it relates to:
1. A trust, includes a person who has a present or future interest, vested or contingent, and the owner of an interest by assignment or other transfer;
2. A charitable trust, includes any person entitled to enforce the trust;
3. An instrument designating a beneficiary, includes a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer at death; and
4. A beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under a designation, a donee, appointee or taker in default under a power of appointment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary or representative capacity is exercised,
but does not include a person who receives less than $100 under a will.
κ1999 Statutes of Nevada, Page 2250 (CHAPTER 467, AB 400)κ
Sec. 8. Child includes a person entitled to take as a child by intestate succession from the parent whose relationship is involved and excludes a person who is a stepchild, a foster child, a grandchild or any more remote descendant.
Sec. 9. Citation means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself in a specified way, or notifying a person of a hearing.
Sec. 10. Claim, in respect to the estate of a decedent, includes a liability of the decedent, whether arising in contract, in tort or otherwise, that arises before the death of the decedent.
Sec. 11. Codicil means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed or holographic will.
Sec. 12. Community property has the meaning ascribed to it in NRS 123.220.
Sec. 13. Community property with right of survivorship means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 14. Descendant includes descendants of all generations. For the purposes of this section, the relationship of parent and child at each generation is determined by the definitions of child and parent contained in this Title.
Sec. 15. Designation of beneficiary means a governing instrument naming a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death, or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer at death.
Sec. 16. Devise, used as a noun, means a testamentary disposition of real or personal property and, used as a verb, means to dispose of real or personal property by will.
Sec. 17. Devisee means a person designated in a will to receive a devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the term means the trust or trustee, and not a beneficiary of the trust.
Sec. 18. Disclaimant means a person who executes a disclaimer. The term includes a beneficiary and his guardian, personal representative, general attorney in fact, and special attorney in fact with power to disclaim.
Sec. 19. Disclaimer means a written instrument that declines, refuses, renounces or disclaims an interest to which a beneficiary would otherwise succeed.
Sec. 20. Distributee means a person who has received property of a decedent from his personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative.
κ1999 Statutes of Nevada, Page 2251 (CHAPTER 467, AB 400)κ
property received from a personal representative is a distributee of the personal representative. As used in this section, testamentary trustee includes a trustee to whom assets are transferred by will to the extent of the devised assets.
Sec. 21. Estate includes the property of the decedent or trust whose affairs are subject to this Title as it is originally constituted and as it exists from time to time during administration.
Sec. 22. Estate tax means federal estate tax, including any interest and penalty thereon.
Sec. 23. Executor means a person nominated in a will and appointed by the court to execute the provisions of the will and administer the estate of the decedent.
Sec. 24. Expenses of administration means funeral expenses and expenses actually and properly incurred by a personal representative in the administration of an estate, plus the fees of the personal representative, any attorney retained by him and any other consultant engaged by him.
Sec. 25. Family allowance means the money allocated from the estate by the court pursuant to NRS 146.030.
Sec. 26. Fiduciary includes a personal representative, guardian and trustee.
Sec. 27. Gift means a gratuitous transfer of property to a recipient for less than full market value.
Sec. 28. Governing instrument means:
1. A deed, will, trust, insurance policy or annuity, designated as payable on death;
2. A security registered as transferable on death;
3. A pension, profit-sharing, retirement or similar benefit plan;
4. An instrument creating or exercising a power of appointment or a power of attorney; or
5. A dispositive, appointive or nominative instrument of any similar type.
Sec. 29. Guardian means a person who has qualified as the guardian of a minor or incapacitated person pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.
Sec. 30. Heirs means persons, including the surviving spouse and the state, who are entitled by intestate succession to the property of a decedent.
Sec. 31. Holographic will means a testamentary document that complies with the requirements of NRS 133.090.
Sec. 32. Incapacitated person means a person who is impaired by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
Sec. 33. Interest means:
1. The whole of any property, real or personal, legal or equitable, present or future, or any part thereof, or any other estate therein;
2. A power to appoint, consume, apply or expend property; or
3. Any other right, power, privilege or immunity relating to property.
κ1999 Statutes of Nevada, Page 2252 (CHAPTER 467, AB 400)κ
Sec. 34. Interested person includes an heir, devisee, child, spouse, creditor, beneficiary and any other person having a property right in or claim against a trust estate or the estate of a decedent. The term includes a person having priority for appointment as a personal representative and other fiduciaries representing interested persons. The meaning as it relates to particular persons must be determined according to the particular purposes of, and matter involved in, a proceeding.
Sec. 35. Intestate, used as a noun, means a decedent who dies without leaving a will.
Sec. 36. Intestate estate includes an estate where no will has been offered or admitted to probate as the last will and testament and an estate where the will does not distribute the entire estate.
Sec. 37. Inventory means the description of assets required by NRS 144.040.
Sec. 38. Issue means children, grandchildren or more remote lineal descendants.
Sec. 39. Joint tenants with right of survivorship include co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others.
Sec. 40. Lease includes an oil, gas or other mineral lease.
Sec. 41. Letters includes letters testamentary, letters of administration, letters of administration with will annexed and letters of special administration.
Sec. 42. Lien means a charge upon property for the satisfaction of a debt, including an obligation not satisfied, a judgment, unpaid taxes and an unpaid obligation for materials or labor.
Sec. 43. Minor means a person who is under 18 years of age.
Sec. 44. Mortgage means a conveyance, agreement or arrangement in which property is encumbered or used as security.
Sec. 45. Notice means information provided pursuant to NRS 155.010, 155.020 or any other statute requiring advance information of an opportunity, obligation or the occurrence of an event.
Sec. 46. Oath means a form of attestation which affirms that the taker will faithfully perform the duties of a specified office.
Sec. 47. Order includes a declaration, decree or judgment by a court and is a final judgment for all purposes, including an appeal under NRS 155.190.
Sec. 48. Parent includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent, foster parent or grandparent.
Sec. 49. Person includes a natural person, organization, government or a governmental subdivision, agency or instrumentality.
Sec. 50. Personal representative includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.
Sec. 51. Petition means a verified written request to the court for an order.
κ1999 Statutes of Nevada, Page 2253 (CHAPTER 467, AB 400)κ
Sec. 52. Probate, used as a noun, means a legal proceeding in which the court has jurisdiction to administer, pay out and distribute the assets of a decedent to the persons entitled to them, including devisees, heirs, creditors and others.
Sec. 53. Probate homestead means a homestead that can be set apart by the court pursuant to NRS 146.020.
Sec. 54. Property means anything that may be the subject of ownership, and includes both real and personal property and any interest therein.
Sec. 55. Right of representation means the method of distributing property by which, through inheritance or succession, the descendants of a deceased heir take the same share or right in the estate of another person that their parent or other ancestor would have taken if living. A posthumous child is deemed living at the death of his parent.
Sec. 56. Security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.
Sec. 57. Separate property has the meaning ascribed to it in NRS 123.130.
Sec. 58. Settlement, in reference to the estate of a decedent, includes administration, distribution and closing.
Sec. 59. Settlor means the person who creates a trust, however described in the trust instrument.
Sec. 60. Special administrator means a personal representative appointed pursuant to chapter 140 of NRS.
Sec. 61. 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. 62. Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.
Sec. 63. Successors means persons, other than creditors, who are entitled to property of a decedent under the terms of his will or pursuant to this Title.
Sec. 64. Tax includes an income, property, excise, estate, gift or inheritance tax.
Sec. 65. Testate estate means an estate with respect to which a will has been offered and admitted to probate.
Sec. 66. Testator means a person who makes a will.
Sec. 67. Trust means an interest in property held by one person for the benefit of another, established by an instrument executed during the life of the settlor or by his will. The term includes an express trust, private or charitable, with additions thereto, wherever and however created. The term also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust.
κ1999 Statutes of Nevada, Page 2254 (CHAPTER 467, AB 400)κ
under which the trust is to be administered in the manner of an express trust.
Sec. 68. Trustee includes an original, additional or successor trustee, whether or not appointed or confirmed by a court.
Sec. 69. Verification means a declaration that a statement is true, made under oath or affirmation under penalty of perjury for false statement.
Sec. 70. Ward means a person for whom a guardian has been appointed. A minor ward is one for whom a guardian has been appointed solely by reason of minority.
Sec. 71. Will means a formal document that provides for the distribution of the property of a decedent upon his death. The term includes a codicil and a testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
Sec. 72. NRS 132.010 is hereby amended to read as follows:
132.010 This Title [shall] must be liberally construed [, to the end that justice may be done all parties, and] so that a speedy settlement of estates is accomplished at the least expense [secured.] to the parties.
Sec. 73. NRS 133.040 is hereby amended to read as follows:
133.040 No will executed in this state, except [such nuncupative wills and] such holographic wills as are mentioned in this chapter, [shall be] is valid unless it [be] is in writing and signed by the testator, or by [some person in his presence, and by his] an attending person at the testators express direction, and attested by at least two competent witnesses [, subscribing] who subscribe their names to the will in the presence of the testator.
Sec. 74. NRS 133.045 is hereby amended to read as follows:
133.045 1. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed of and the [legatees.] names of the devisees.
(e) The testators signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testators death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the will.
κ1999 Statutes of Nevada, Page 2255 (CHAPTER 467, AB 400)κ
Sec. 75. NRS 133.050 is hereby amended to read as follows:
133.050 1. Any or all of the attesting witnesses to any will may [, at the request of the testator, make and] sign an affidavit before any person authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove the will. The affidavit must be written on the will [,] or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court [of probate] as if it had been taken before the court.
2. The affidavit described in subsection 1 may be substantially in form as follows:
State of Nevada }
}ss.
County of......................................... }
(Date)............................................
Then and there personally appeared [the within-named] ................ and ................., who, being duly sworn, depose and say: That they witnessed the execution of the [within] foregoing will of the [within-named] testator, ................; that the testator subscribed the will and declared [the same] it to be his last will and testament in their presence; that they thereafter subscribed the [same] will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory . [, and that they make this affidavit at the request of the testator.]
Affiant
Affiant
Subscribed and sworn to before me this .....
day of........, [19...] .............
.......................................................................
Notary Public
Sec. 76. NRS 133.055 is hereby amended to read as follows:
133.055 A signature affixed to a self-proving affidavit attached to a will and executed at the same time as the will is considered a signature affixed to the will if necessary to prove the execution of the will.
Sec. 77. NRS 133.060 is hereby amended to read as follows:
133.060 All [beneficial devises, legacies and gifts whatsoever made or given in any] devises in a will to a subscribing witness [thereto shall be] are void unless there are two other competent subscribing witnesses to the [same.] will.
κ1999 Statutes of Nevada, Page 2256 (CHAPTER 467, AB 400)κ
Sec. 78. NRS 133.080 is hereby amended to read as follows:
133.080 1. If in writing and subscribed by the testator, a last will and testament executed [without] outside this state in the [mode] manner prescribed by the law, either of the state where executed or of the testators domicile, shall be deemed to be legally executed, and [shall be] is of the same force and effect as if executed in the [mode] manner prescribed by the law of this state.
2. This section [shall] must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Sec. 79. NRS 133.090 is hereby amended to read as follows:
133.090 1. A holographic will is [one that is entirely written, dated and signed] a will in which the signature, date and material provisions are written by the hand of the testator [himself.] , whether or not it is witnessed or notarized. It is subject to no other form, and may be made in or out of this state . [and need not be witnessed.]
2. Every person of sound mind [,] over the age of 18 years [, including married women,] may, by last holographic will, dispose of all of [his or her] the estate, real or personal, [the same being] but the estate is chargeable with the payment of the testators debts.
3. Such wills [shall be] are valid and have [full effect for the purpose for which they are intended.] the same force and effect as if formally executed.
Sec. 80. NRS 133.100 is hereby amended to read as follows:
133.100 [1. No nuncupative or verbal will shall be good unless:
(a) The same be proved by two witnesses who were present at the making thereof; and
(b) It be proved that the testator, at the time of pronouncing the same, did bid someone present to bear witness that such was his will, or words of like import; and
(c) It was made at the time of the last sickness of the deceased.
2. No nuncupative or verbal will shall be good where the estate bequeathed exceeds the value of $1,000.] A nuncupative or oral will is not valid.
Sec. 81. NRS 133.105 is hereby amended to read as follows:
133.105 1. A security issued in registered form which contains the words transferable on death to a named person, or equivalent language or abbreviation, is effective to transfer the interest evidenced by the security to that person, upon the death of its owner, without compliance with the formal requirements of this chapter for the execution of wills. [As used in this subsection, security and registered form have the meanings ascribed to them in NRS 104.8102.]
2. A security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive, is effective to transfer the interest evidenced by the security to the beneficiary at the death of the owner or the deaths of all multiple owners, without compliance with the formal requirements of this chapter for the execution of wills.
3. As used in this section, security and registered form have the meanings ascribed to them in NRS 104.8102.
κ1999 Statutes of Nevada, Page 2257 (CHAPTER 467, AB 400)κ
Sec. 82. NRS 133.115 is hereby amended to read as follows:
133.115 Divorce or annulment of the marriage of the testator revokes every [beneficial devise, legacy or] devise, beneficial interest or designation to serve as personal representative given to the testators former spouse in a will executed before the entry of the decree of divorce or annulment unless otherwise:
1. Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings ; [and not merged in the decree;] or
2. Ordered by the court in the divorce or annulment proceedings,
and the will [shall take] takes effect in the same manner as if the former spouse had died before the testator.
Sec. 83. NRS 133.120 is hereby amended to read as follows:
133.120 1. [No will in writing shall be revoked unless:
(a) By burning,] A written will may only be revoked by:
(a) Burning, tearing, canceling or obliterating the [same,] will, with the intention of revoking it, by the testator, or by some person in [his presence, or by his direction; or
(b) By some other] the presence and at the direction of the testator; or
(b) Another will or codicil in writing, executed as prescribed in this chapter.
2. [Nothing contained in this section shall] This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator.
Sec. 84. NRS 133.130 is hereby amended to read as follows:
133.130 If, after the making of any will, the testator [shall duly make and execute] executes a second will, the destruction, cancellation or revocation of the second will [shall] does not revive the first will, unless it appears by the terms of [such] the revocation that it was the intention to revive and give effect to the first will, or unless, after [such] the destruction, cancellation or revocation, the first will [shall be duly] is reexecuted.
Sec. 85. NRS 133.140 is hereby amended to read as follows:
133.140 A bond, covenant or agreement made by a testator to convey any property devised [or bequeathed] in any will previously made [shall not be deemed] is not a revocation of [such] the previous devise [or bequest; but such property shall pass] , but the property passes by the devise , [or bequest,] subject to the same remedies on the bond, covenant or agreement, for the specific performance or otherwise, against the [devisees or legatees,] devisee, as might be had by law against the heirs of the testator, if the [same] property had descended to them.
Sec. 86. NRS 133.150 is hereby amended to read as follows:
133.150 A charge or encumbrance upon any estate, for the purpose of securing the payment of money, or the performance of any covenant or agreement, [shall not be deemed] is not a revocation of [any] a will relating to the same estate which was previously executed, but the [devise and legacies] devises therein contained [shall pass,] pass subject to [such] the charge or encumbrance.
κ1999 Statutes of Nevada, Page 2258 (CHAPTER 467, AB 400)κ
Sec. 87. NRS 133.155 is hereby amended to read as follows:
133.155 A specific devise passes subject to any mortgage or lien existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Sec. 88. NRS 133.160 is hereby amended to read as follows:
133.160 When [any child shall have been] a child is born after the making of [its parents will,] a will by a parent of that child and no provision [shall be] is made for [him or her therein, such child shall have] the child in the will, the child is entitled to the same share in the estate of the testator as if the testator had died intestate, unless it [shall be] is apparent from the will that it was the intention of the testator that no provision should be made for [the] that child.
Sec. 89. NRS 133.170 is hereby amended to read as follows:
133.170 When [any testator shall omit to provide in his or her will for any of his or her children or for the issue of any deceased child, it shall] the child of a testator or the issue of a deceased child of a testator is omitted from the testators will, it must be presumed that the omission was intentional. Should the court find that the omission was unintentional, [such] the child, or the issue of [any] the deceased child, [shall have] is entitled to the same share in the estate of the testator as if [he or she] the testator had died intestate.
Sec. 90. NRS 133.180 is hereby amended to read as follows:
133.180 When any share of the estate of a testator [shall be] is assigned to a child born after the making of a will, or to a child or the issue of a child omitted in the will, as mentioned in NRS 133.160 and 133.170, the [same shall] share must first be taken from the estate not disposed of by the will, if any. If that [shall not be] is not sufficient, so much as [shall be necessary shall] is necessary must be taken from all the devisees [or legatees,] in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific devise [or bequest,] or other provision in the will [,] would thereby be defeated. In [such case, such] that case, the specific devise [, legacy] or provision may be exempted from [such] the apportionment, and a different apportionment, consistent with the intention of the testator, may be adopted.
Sec. 91. NRS 133.190 is hereby amended to read as follows:
133.190 If [such] the child or children, or their descendants, so unprovided for, [shall] have had an equal proportion of the testators estate bestowed upon them in the testators lifetime, by way of an advancement, as provided in NRS 151.120, they [shall] take nothing [in virtue of the provisions of] under NRS 133.160, 133.170 and 133.180.
Sec. 92. NRS 133.200 is hereby amended to read as follows:
133.200 When any estate [shall be devised or bequeathed] is devised to any child or other relation of the testator, and the devisee [or legatee shall die] dies before the testator, leaving lineal descendants, [such] those descendants, in the absence of a provision in the will to the contrary, [shall] take the estate so given by the will in the same manner as the devisee [or legatee] would have done if [he] the devisee had survived the testator.
κ1999 Statutes of Nevada, Page 2259 (CHAPTER 467, AB 400)κ
Sec. 93. NRS 133.210 is hereby amended to read as follows:
133.210 Every devise of [land] real property in any will [shall be construed to convey] conveys all the estate of the [devisor] testator therein which [he] could lawfully [devise,] be devised, unless it [shall clearly appear] clearly appears by the will that [he] the testator intended to convey a [less] lesser estate.
Sec. 94. NRS 133.220 is hereby amended to read as follows:
133.220 Any estate, right or interest in [lands] real property acquired by the testator after the making of [his or her will shall pass] a will passes thereby in like manner as if it had been acquired [prior to] before the time of making the will, if [such should manifestly appear] that manifestly appears by the will to have been the intention of the testator.
Secs. 95-98. (Deleted by amendment.)
Sec. 99. NRS 134.040 is hereby amended to read as follows:
134.040 1. If the decedent leaves a surviving [husband or wife,] spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving [husband or wife,] spouse and one-half to [such] the child or the issue of [such] the child.
2. If the decedent leaves a surviving [husband or wife,] spouse and more than one child living, or [one] a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving [husband or wife,] spouse and the remainder in equal shares to [his or her] the children and the lawful issue of any deceased child by right of representation.
[3. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all the lineal descendants are in the same degree of kindred to the intestate, they shall share equally; otherwise, they shall take according to the right of representation.]
Sec. 100. NRS 134.050 is hereby amended to read as follows:
134.050 1. If the decedent [shall leave] leaves no issue, the estate [shall go] goes one-half to the surviving [husband or wife,] spouse, one-fourth to the [intestates father,] father of the decedent and one-fourth to the [intestates mother,] mother of the decedent, if both are living . [; if not,] If both parents are not living, one-half to either the father or the mother then living.
2. If the decedent [shall leave] leaves no issue, or father [,] or mother, one-half of the separate property of the [intestate shall go] decedent goes to the surviving [husband or wife,] spouse and the other one-half [thereof shall go] goes in equal shares to the brothers and sisters of the [intestate, and to the children of any deceased brother or sister by right of representation.] decedent.
3. If the decedent [shall leave no issue, or husband, or wife,] leaves no issue or surviving spouse, the estate [shall go] goes one-half to the [intestates] father of the decedent and one-half to the [intestates mother,] mother of the decedent, if both are living . [; if not,] If both parents are not living, the whole estate [shall go] goes to either the father or the mother then living.
κ1999 Statutes of Nevada, Page 2260 (CHAPTER 467, AB 400)κ
4. If the decedent [shall leave] leaves no issue, father, mother, brother [,] or sister, or children of any issue, all of the separate property of the [intestate shall go] decedent goes to the surviving [husband or wife.] spouse.
Sec. 101. NRS 134.060 is hereby amended to read as follows:
134.060 If there [be] is no issue, [or husband, or wife,] surviving spouse, or father [,] or mother, then the estate goes in equal shares to the brothers and sisters of the [intestate,] decedent and to the children of any deceased brother or sister by right of representation.
Sec. 102. NRS 134.070 is hereby amended to read as follows:
134.070 If the [intestate shall leave] decedent leaves no issue, [or husband, or wife,] surviving spouse, or father [,] or mother, and no brother or sister living at [his or her] the time of death, the estate [shall go] goes to the next of kin in equal degree, [excepting that when] except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors [shall be] are preferred to those who claim through ancestors more remote . [; but if] If any person [shall die] dies leaving several children, or leaving [one] a child and issue of one or more children, and any such surviving child [shall die] dies under age and not having been married, all [of] the estate that came to the deceased child by inheritance from the deceased parent [shall descend] descends in equal shares to the other children of the same parent, and to the issue of any other children who may have died, by right of representation.
Sec. 103. NRS 134.080 is hereby amended to read as follows:
134.080 [If at] At the death of a child [, who shall die] who is under age and has not [having] been married, all the other children of the parent being also dead, [and] if any of [them shall have] the other children left issue, the estate that came to [such] the child by inheritance from [his or her parent shall descend] the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child they [shall] are entitled to share the estate equally; otherwise, they [shall] are entitled to take according to the right of representation.
Sec. 104. NRS 134.090 is hereby amended to read as follows:
134.090 If the decedent leaves no surviving [husband or wife,] spouse, but there [be] is a child or children, the estate [shall, if there be] , if there is only one child, all [go] goes to that child . [; and if there be] If there is more than one child, the estate [shall descend and be distributed] goes to all the [intestates children,] children of the decedent, to share and share alike.
Sec. 105. NRS 134.100 is hereby amended to read as follows:
134.100 If the decedent leaves no surviving [husband or wife,] spouse, but there [shall be] is a child or children and the lawful issue of a child or children, the estate [shall descend and be distributed to such] goes to the child or children and lawful issue of [such] the child or children by right of representation as follows: To [such] the child or children , each a [childs part,] share and to the lawful issue of each deceased child, by right of representation, the same [part and proportion that its] share that the parent would have received [in case] if the parent had been living at the time of the [intestates death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had the parent been living at the time of the intestates death.] death of the decedent.
κ1999 Statutes of Nevada, Page 2261 (CHAPTER 467, AB 400)κ
Sec. 106. NRS 134.110 is hereby amended to read as follows:
134.110 If the decedent leaves no surviving [husband or wife,] spouse, or child or children, but there [be] is the lawful issue of a child or children, all [of] the estate [shall descend] desends and must be distributed to the lawful issue of [such] the child or children by right of representation, and this rule [shall apply] applies to the lawful issue of all such children, and to the lawful issue ad infinitum.
Sec. 107. NRS 134.120 is hereby amended to read as follows:
134.120 If the [intestate shall leave no husband, or wife,] decedent leaves no surviving spouse, or kindred, the estate [shall escheat] escheats to the state for educational purposes.
Sec. 108. NRS 134.160 is hereby amended to read as follows:
134.160 Kindred of the half blood [shall] inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the [intestate] decedent by descent [, devise or gift from some one of his or her ancestors,] or devise from an ancestor, in which case all those who are not of the blood of [such ancestors shall be] the ancestor are excluded from the inheritance.
Sec. 109. NRS 134.210 is hereby amended to read as follows:
134.210 Whenever [any wife] one spouse dies intestate, leaving heirs, if the [husband] other spouse dies intestate [subsequently to his wife,] after the first spouse, without heirs, leaving property, [his] the estate of the second spouse to die vests in the heirs of the [wife,] first spouse to die, subject to expenses of administration and payment of legal debts against the estate.
Sec. 110. NRS 135.020 is hereby amended to read as follows:
135.020 Where the title to property or the devolution thereof depends upon priority of death and there is [no sufficient] insufficient evidence that the persons [have] died otherwise than simultaneously, the property of each person [shall] must be disposed of as if [he] that person had survived, except as provided otherwise in this chapter.
Sec. 111. NRS 135.030 is hereby amended to read as follows:
135.030 Where two or more beneficiaries are designated to take successively by reason of survivorship under another persons disposition of property and there is [no sufficient] insufficient evidence that these beneficiaries [have] died otherwise than simultaneously the property thus disposed of [shall] must be divided into as many equal portions as there are successive beneficiaries and these portions [shall] must be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Sec. 112. NRS 135.040 is hereby amended to read as follows:
135.040 Where there is [no sufficient] insufficient evidence that two joint tenants or [tenants by the entirety have] spouses holding title to community property with right of survivorship died otherwise than simultaneously , the property so held [shall] must be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed [shall] must be in the proportion that one bears to the whole number of joint tenants.
κ1999 Statutes of Nevada, Page 2262 (CHAPTER 467, AB 400)κ
Sec. 113. NRS 135.050 is hereby amended to read as follows:
135.050 Where the insured and the beneficiary in a policy of life or accident insurance have died and there is [no sufficient] insufficient evidence that they [have] died otherwise than simultaneously , the proceeds of the policy [shall] must be distributed as if the insured had survived the beneficiary.
Sec. 114. NRS 135.060 is hereby amended to read as follows:
135.060 Except as otherwise provided in NRS 135.050 or in a premarital agreement between [the husband and wife] spouses which is enforceable pursuant to chapter 123A of NRS, where [a husband and wife] both spouses have died, leaving community property, and there is [no sufficient] insufficient evidence that they [have] died otherwise than simultaneously, one-half of all the community property must be distributed as if [the husband] one spouse had survived and the other one-half thereof must be distributed as if the [wife] other spouse had survived.
Sec. 115. NRS 135.080 is hereby amended to read as follows:
135.080 This chapter [shall] does not apply in the case of wills, living trusts, deeds, or contracts [of insurance wherein] in which provision has been made for distribution of property different from the provisions of this chapter.
Sec. 116. NRS 136.010 is hereby amended to read as follows:
136.010 1. Wills may be proved and letters [testamentary or letters of administration] granted in the county [of which the deceased] where the decedent was a resident at the time of death, whether death occurred in that county or elsewhere, and the district court of that county [shall have] has exclusive jurisdiction of the settlement of such estates, whether the estate is in one or more counties.
2. The estate of a nonresident decedent may be settled by the district court of any county [wherein] in which any part of the estate [may be.] is located. The district court to which application [shall first be made shall have] is first made has exclusive jurisdiction of the settlement of estates of nonresidents.
Sec. 117. NRS 136.020 is hereby amended to read as follows:
136.020 [No] A district judge shall not admit any will to probate, or grant letters [testamentary or letters of administration,] in any case where [:
1. He shall be interested] The judge is:
1. Interested as next of kin to the deceased.
2. [He is a legatee or] A devisee under the will.
3. [He is named as executor] Named as personal representative or trustee in the will.
4. [He is a] A witness to the will.
Sec. 118. NRS 136.030 is hereby amended to read as follows:
136.030 1. [When any] If a district judge, who would otherwise be authorized to act, [shall be] is precluded from acting from the causes mentioned in NRS 136.020, or [when he shall] if the judge is interested in any manner [be interested, he] , the judge shall transfer all proceedings in the matter of the estate to another judge of the same county, if there [be] is one, who is not disqualified to act in the settlement of the estate, or [he shall call a district] the judge shall request a judge of another district to hold the court [of his] in the other county.
κ1999 Statutes of Nevada, Page 2263 (CHAPTER 467, AB 400)κ
district] the judge shall request a judge of another district to hold the court [of his] in the other county.
2. The judge to whom the matter is transferred or [such] the other district judge shall hold court and [be] is vested with all the powers of the court and judge so disqualified, and [shall retain] retains jurisdiction as to all subsequent proceedings in regard to the estate.
Sec. 119. NRS 136.040 is hereby amended to read as follows:
136.040 If, before the administration of any estate transferred as provided in NRS 136.030 is closed, another person becomes judge of the court [wherein such] in which the proceeding was originally commenced who is not disqualified to act in the settlement of the estate, and the causes for which the proceeding was transferred no longer exist, any interested person [interested in the estate] may have the proceeding returned to the judge who [has] succeeded the disqualified judge, by filing a petition setting forth these facts and moving the court [therefor.] to grant the petition. If these facts are satisfactorily shown , the court must make an order transferring the proceeding back to the judge who is not disqualified.
Sec. 120. NRS 136.050 is hereby amended to read as follows:
136.050 1. Any person having [any will in his] possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the [person] personal representative named in the will . [to execute it.]
2. Any person named as [executor or executrix in any] personal representative in a will shall, within 30 days after the death of the testator , [or testatrix,] or within 30 days after knowledge of [such naming,] being named, present the will, if in possession of it, to the [district] clerk of the court.
3. Every person who [shall neglect] neglects to perform any of the duties required in subsections 1 and 2 without reasonable cause [, shall be] is liable to every person interested in the will for the damages [such] the interested person may sustain by reason of [such] the neglect.
Sec. 121. NRS 136.060 is hereby amended to read as follows:
136.060 1. If it is alleged in any petition that [any] the will of a [deceased person] decedent is in the possession of a third person, and the court [shall be] is satisfied that the allegation is correct, an order [shall] must be issued and served upon the person having possession of the will, requiring that person to produce it at a time to be named in the order.
2. Any person having the possession of a will who neglects or refuses to produce it in obedience to such an order may, by warrant from the court, be committed to the county jail, and be kept in close confinement until [such] the person produces the will. The [judge] court may make all other necessary orders at chambers to enforce the production of the will.
Sec. 122. NRS 136.070 is hereby amended to read as follows:
136.070 1. [Any executor, devisee or legatee] A personal representative or devisee named in a will, or any other interested person , [interested in the estate,] may, at any time after the death of the testator, petition the court having jurisdiction to have the will proved, whether the [same be in writing or nuncupative, in his] will is in the possession of that person or not, or is lost or destroyed, or is beyond the jurisdiction of the state.
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person or not, or is lost or destroyed, or is beyond the jurisdiction of the state.
2. [Any person] A personal representative named in a will , [to execute it,] though not in possession of the will, may present a petition to the district court having jurisdiction, [praying] requesting that the person in possession of the will be required to produce it [,] so that it may be admitted to probate [, and that letters testamentary] and letters may be issued.
Sec. 123. NRS 136.090 is hereby amended to read as follows:
136.090 1. A petition for the probate of a will and issuance of letters must state:
(a) The jurisdictional facts;
(b) Whether the person named as [executor] personal representative consents to act or renounces [his] the right to letters ; [testamentary;]
(c) The names [, ages] and residences of the heirs, next of kin [, devisees and legatees] and devisees of the decedent, the age of any heir, next of kin or devisee who is a minor, and the relationship of the heirs and next of kin to the decedent, so far as known to the petitioner;
(d) The character and estimated value of the property of the estate; [and]
(e) The name of the person for whom letters [testamentary are prayed.] are requested, and that the person has never been convicted of a felony; and
(f) The name of any devisee who is deceased.
2. No defect of form or in the statement of jurisdictional facts actually existing voids the probate of a will.
Sec. 124. NRS 136.100 is hereby amended to read as follows:
136.100 1. [All petitions] A petition for the probate of a will and for the issuance of letters must be signed by the party petitioning, or the attorney for the petitioner, and filed with the clerk of the court, who shall set the petition for hearing.
2. [Notice must be given as] The petitioner shall give notice of the hearing for the period and in the manner provided in NRS 155.020 to the heirs of the testator and the devisees [and legatees] named in the will, to all persons named as [executors] personal representatives who are not petitioning and to the administrator of the welfare division of the department of human resources . [, and must state the filing of the petition, the object, and the time for proving the will.] The notice must be substantially in the form provided in that section.
Sec. 125. NRS 136.120 is hereby amended to read as follows:
136.120 If a petition for probate is presented by any person other than the [one] personal representative named in the will , [to execute it,] or if it is presented by [one of several of such persons] fewer than all of the personal representatives named in the will, [citation shall issue and] the petition must be served upon [such] the personal representatives not joining in the petition . [, if resident within the county. The citation shall be served at least 5 days before the hearing.]
Sec. 126. NRS 136.150 is hereby amended to read as follows:
136.150 1. If no person [shall appear] appears to contest the probate of a will , the court may admit it to probate on the testimony of only one of the subscribing witnesses, if [such testimony shall show] that testimony shows that the will was executed in all particulars as required by law, and that the testator [or testatrix] was of sound mind and had attained the age of 18 years at the time of its execution.
κ1999 Statutes of Nevada, Page 2265 (CHAPTER 467, AB 400)κ
that the will was executed in all particulars as required by law, and that the testator [or testatrix] was of sound mind and had attained the age of 18 years at the time of its execution.
2. [In all cases where the witness resides at a distance of more than 25 miles from the place where the court is held, the] An ex parte affidavit of the witness, showing that the will was executed in all particulars as required by law, and that the testator [or testatrix] was of sound mind and had attained the age of 18 years at the time of its execution, [shall] must be received in evidence and [have] has the same force and effect as if the witness [was] were present and testified orally.
Sec. 127. NRS 136.160 is hereby amended to read as follows:
136.160 1. Any or all of the attesting witnesses to any will may, after the [decease] death of the testator and at the request of the executor or any interested person , [interested under the will,] make and sign an affidavit [before any person authorized to administer oaths in or out of the state,] stating such facts as [they] a witness would be required to testify to in court to prove the will. [The affidavit must be written on the will, or, if that be impracticable, on some paper attached thereto.] The sworn statement of any witness so taken must be accepted by the court [of probate] as if it had been taken before the court.
2. The affidavit described in subsection 1 may be substantially in form as set forth in NRS 133.050.
Sec. 128. NRS 136.170 is hereby amended to read as follows:
136.170 1. [When] If it appears to the court that a will cannot be proven as otherwise provided by law because one or more or all [of] the subscribing witnesses to the will, at the time the will is offered for probate, [are serving in or present with the Armed Forces of the United States or as merchant seamen, or] are dead or mentally or physically incapable of testifying or otherwise unavailable, the court may admit the will to probate upon the testimony in person , [or] by deposition or by affidavit of at least two credible disinterested witnesses that the signature to the will is [in the handwriting of the person whose will it purports to be,] genuine, or upon other sufficient proof [of such handwriting.] that the signature is genuine.
2. The provisions of subsection 1 [shall] do not preclude the court, in its discretion, from requiring in addition, the testimony in person , [or] by deposition or by affidavit of any available subscribing witness, or proof of such other pertinent facts and circumstances as the court [may deem] deems necessary to admit the will to probate.
Sec. 129. NRS 136.180 is hereby amended to read as follows:
136.180 1. If the will of a person is detained beyond the jurisdiction of the state, in a court of any other state, country or jurisdiction, and cannot be produced for probate in this state, a copy of the will may be admitted to probate in this state in lieu thereof and [have] has the same force and effect as would be required if the original will were produced.
2. [The court may authorize a photographic copy of the will to be presented to the subscribing witness upon his examination in court, or by affidavit, as provided in this chapter, and he may be asked the same questions with respect to it and the handwriting of himself, the testator and the other witness or witnesses, as would be pertinent and competent if the original will were present.]
κ1999 Statutes of Nevada, Page 2266 (CHAPTER 467, AB 400)κ
were present.] Unless otherwise ordered by the court, a subscribing witness may testify in person, by deposition or by affidavit with respect to a copy of the executed will, and with respect to handwriting of the affiant as a witness, or the handwriting of the testator or another witness, in the same way as he would if the original will were available.
Sec. 130. NRS 136.190 is hereby amended to read as follows:
136.190 A holographic will may be proved [in the same manner as other private writings.] by authentication satisfactory to the court.
Sec. 131. NRS 136.200 is hereby amended to read as follows:
136.200 1. [Whenever] If a will is offered for probate and it appears there are minors [,] or unborn members of a class who are interested, or if it appears there are other interested persons [interested in the estate but] who reside out of the county and are unrepresented, the court may, whether there is a contest or not, appoint an attorney for [such minors or other persons.] them.
2. [When] If a person for whom an attorney has been appointed, pursuant to subsection 1, retains counsel and notifies the court of [such] the retention, the court shall [thereupon] enter an order relieving the court-appointed attorney of further obligation to represent [such] the person.
Sec. 132. NRS 136.220 is hereby amended to read as follows:
136.220 A copy of [the record of] the will and [decree] order admitting it to probate, certified by the clerk in whose custody it may be, [shall] must be received in evidence and be as effectual in all cases as the original will would be if proved.
Sec. 133. NRS 136.230 is hereby amended to read as follows:
136.230 [Whenever any will shall be] If a will is lost by accident or destroyed by fraud without the knowledge of the testator, the [district court shall have power to] court may take proof of the execution and validity of the will and [to establish the same,] establish it, after notice is given to all persons , [having first been given,] as prescribed [in cases of] for proof of wills in other cases.
Sec. 134. NRS 136.240 is hereby amended to read as follows:
136.240 1. The petition for the probate of a lost or destroyed will must include a copy of the will, or if no copy is available state, or be accompanied by a written statement of, the testamentary words, or the substance thereof. [If the will is established the provisions thereof must be set forth in the order admitting the will to probate, and the order must be so entered at length in the minutes or a written order signed, filed and recorded.
2. The testimony of each witness must be reduced to writing, signed by him and filed, and shall be admissible in evidence in any contest of the will, if a witness has died or has permanently removed from the state.
3. No will shall be allowed to]
2. If offered for probate, a lost or destroyed will must be proved in the same manner as other wills are proved under this chapter.
3. In addition, no will may be proved as a lost or destroyed will unless [the same shall be] it is proved to have been in existence at the death of the person whose will it is claimed to be, or [be] is shown to have been fraudulently destroyed in the lifetime of [such] that person, nor unless its provisions [shall be] are clearly and distinctly proved by at least two credible witnesses.
κ1999 Statutes of Nevada, Page 2267 (CHAPTER 467, AB 400)κ
provisions [shall be] are clearly and distinctly proved by at least two credible witnesses.
4. The testimony of each witness must be reduced to writing, signed by the witness and filed, and is admissible in evidence in any contest of the will if the witness has died or permanently moved from the state.
5. If the will is established, its provisions must be set forth specifically in the order admitting it to probate, or a copy of the will must be attached to the order.
Sec. 135. NRS 136.250 is hereby amended to read as follows:
136.250 If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration [shall] have been granted upon the estate of the [deceased,] decedent, or letters testamentary of any previous will of the [deceased,] decedent, the court [shall have authority to] may restrain the administration if necessary to protect the interests of [legatees or] devisees claiming under the lost or destroyed will.
Sec. 136. NRS 136.260 is hereby amended to read as follows:
136.260 1. A will duly proved, allowed and admitted to probate outside of this state may be admitted to probate and recorded in the proper court of any county in this state in which the testator [shall have] left any estate.
2. When a copy of the will and the order admitting it to probate , [thereof,] duly certified, [shall be] are presented by the executor, [his nominee, or by any other person interested in the will,] a nominee or any other interested person, with a petition for probate, the [same] order and copy must be filed , and the clerk shall set a time [must be appointed] for a hearing thereon , and notice must be given as required by law on a petition for the original probate of a domestic will [.] pursuant to NRS 136.100.
3. If, upon the hearing, it appears to the satisfaction of the court that the will has been duly proved and admitted to probate outside [of] this state, and that it was executed according to the law of the place in which [the same] it was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate [, which probate shall have] with the same force and effect as the original probate of a domestic will.
4. [When a duly] If a certified copy of a will from any jurisdiction where probate is not required by the laws of that jurisdiction, with the certificate of the legal custodian of the original will that the [same] certified copy is a true copy [,] and that the will has become operative by the laws of that jurisdiction, [and when] or a copy of a notarial will in possession of a notary in a foreign jurisdiction entitled to the custody [thereof (] of the will and required by the laws of [which jurisdiction require that the will remain in the custody of the notary),] that jurisdiction to retain custody of it, duly certified by the notary, is presented by the [executor,] personal representative, his nominee [, or other persons] or another interested person to the proper court in this state, the [court shall appoint] clerk shall set a time [and place of] for a hearing thereon, and notice [thereof shall] must be given as [in case of an original will presented for probate.] required by law on a petition for the original probate of a domestic will.
κ1999 Statutes of Nevada, Page 2268 (CHAPTER 467, AB 400)κ
5. If it [appear] appears to the court that the [instrument ought to] will should be admitted to probate in this state, as the last will and testament of the [deceased,] decedent, the copy [shall] must be filed [and recorded,] with the clerk, and the will [shall have] has the same effect as if originally proved and admitted to probate in the court [.] of this state.
Sec. 137. Chapter 137 of NRS is hereby amended by adding thereto a new section to read as follows:
An appeal from a final order determining the contest of a will is governed by the Nevada Rules of Appellate Procedure. A party may make any motion after the determination that is provided by the Nevada Rules of Civil Procedure.
Sec. 138. NRS 137.010 is hereby amended to read as follows:
137.010 1. The attorney general or any interested person , [interested,] including a devisee [or legatee] under a former will, may contest the will by filing written grounds of opposition to the probate thereof at any time before the hearing of the petition for probate . [, and thereupon a citation shall be issued] Personal notice must then be given by a citation directed to the heirs of the decedent and to all interested persons , [interested in the will,] including minors and [incompetents,] incapacitated persons, wherever residing, directing them to plead to the contest within 30 days after service of the citation [which shall be made personally or by publication in the manner provided by the Nevada Rules of Civil Procedure for the service of summons in civil actions.
2. Any] in the manner provided in NRS 155.050.
2. A person so served may interpose any defense or objection to the contest by any motion authorized by the Nevada Rules of Civil Procedure in civil actions. If the motion is granted, the court may allow the contestant 10 days within which to amend [his] the contest. If the motion is denied, the petitioner and [others interested,] other interested persons, within 10 days after the receipt of written notice thereof, may jointly or separately answer the contest. The times [herein mentioned] specified in this section may be extended by the court . [or judge.]
Sec. 139. NRS 137.020 is hereby amended to read as follows:
137.020 1. [On the trial, the] In the contest, the contestant is plaintiff and the petitioner is defendant. The written grounds of opposition [shall] constitute a pleading and [be] are subject to the same rules governing pleadings as in the case of complaint in [an ordinary] a civil action.
2. [Any] An issue of fact involving the competency of the decedent to make a [last will and testament,] will, the freedom of the decedent at the time of the execution of the will from duress, menace, fraud or undue influence, the due execution and attestation of the will, or any other question substantially affecting the validity of the will, [shall] must be tried by the court unless one of the parties demands a jury. The party demanding the jury shall advance the jury costs.
3. Upon the determination of the contest, costs [shall] must be awarded in accordance with the provisions of chapter 18 of NRS.
κ1999 Statutes of Nevada, Page 2269 (CHAPTER 467, AB 400)κ
Sec. 140. NRS 137.030 is hereby amended to read as follows:
137.030 [On the trial,] In the contest, the testimony as to the declaration of a testator [shall be] is admissible if contemporaneous with the execution of the will insofar as the [same may relate] will relates to the testators intention , [of the testator, his] state of mind, [his] feelings, competency, and the existence or nonexistence of duress and undue influence.
Sec. 141. NRS 137.040 is hereby amended to read as follows:
137.040 If the will is contested, all the subscribing witnesses who are present in the county and who are of sound mind must be produced and examined , [;] or the death, absence or [insanity] incapacity of any of them must be satisfactorily shown to the court. If none of the subscribing witnesses resides in the county, and the evidence of none of them can be produced, the court may admit the evidence of other witnesses to prove the due execution of the will [;] and, as evidence of the execution, it may admit proof of the handwriting of the testator and of any of the subscribing witnesses.
Sec. 142. NRS 137.060 is hereby amended to read as follows:
137.060 If the court [shall be] is satisfied upon the proof taken when heard by the court, or by the verdict of a jury [in case] if a jury is had, that the will was duly executed by [a person] the testator, who was at the time of sound and disposing mind and not under duress, menace, undue influence or fraudulent representation, the court, by [decree] order in writing, shall admit the will to probate . [, whereupon the will and decree admitting it to probate shall be recorded together by the clerk in a book to be provided for that purpose.]
Sec. 143. NRS 137.070 is hereby amended to read as follows:
137.070 The testimony of each subscribing witness who has testified must be reduced to writing, signed [by him] in the form of an affidavit or deposition and filed [, and shall be] with the court, and is admissible in evidence in any subsequent contest of the will if the witness has died or has permanently [removed] moved from the state.
Sec. 144. NRS 137.080 is hereby amended to read as follows:
137.080 [When] After a will has been admitted to probate , any interested person other than a party to a contest before probate [and other than] or a person who had actual notice of [such] the previous contest in time to have joined therein [,] may, at any time within 3 months after [admission of such] the order is entered admitting the will to probate, contest the [same] admission or the validity of the will. [For that purpose he must file in] The contestant must file with the court in which the will was proved a petition [in writing, duly verified, containing his] containing the allegations of the contestant against the validity of the will or against the sufficiency of the proof, and [praying] requesting that the probate be revoked.
Sec. 145. NRS 137.090 is hereby amended to read as follows:
137.090 Upon filing the petition, and within the time allowed for filing the petition, a citation must be issued, directed to the [executor of the will, or the administrator with the will annexed,] personal representative and to all the devisees [and legatees] mentioned in the will, and the heirs, so far as known to the petitioner, including minors and [incompetents,] incapacitated persons, or the personal representative of any such person who is dead, directing them to plead to the contest within 30 days after service of the citation.
κ1999 Statutes of Nevada, Page 2270 (CHAPTER 467, AB 400)κ
directing them to plead to the contest within 30 days after service of the citation.
Sec. 146. NRS 137.100 is hereby amended to read as follows:
137.100 The citation [shall] must be served and proceedings had thereunder as in the case of a contest before probate. If the jury [shall find] finds or the court [shall decide] decides that the will is invalid or is not the last will of the testator, the court shall enter an order revoking the probate of the will and letters testamentary. Thereupon the powers of the [executor or administrator with the will annexed cease;] personal representative cease, but [he shall not be] the personal representative is not liable for any act done in good faith [previous to] before the revocation.
Sec. 147. NRS 137.110 is hereby amended to read as follows:
137.110 If the probate is not revoked , the costs of trial must be paid by the contestant. If the probate is revoked , the costs must be paid by the party who resisted the revocation or out of the property of the decedent, as the court may direct [.] in accordance with the provisions of chapter 18 of NRS.
Sec. 148. NRS 137.130 is hereby amended to read as follows:
137.130 Failure to contest a will does not preclude the subsequent probate of a will executed later in point of time than the one [heretofore] previously admitted to probate.
Sec. 149. NRS 138.010 is hereby amended to read as follows:
138.010 1. If [any will shall have] a will has been admitted to probate, the [district] court shall direct letters thereon to issue to the [person or persons] personal representative named in the will , [to execute the same, who may be competent to discharge the trust, and] who shall appear and qualify.
2. No person has any power as [an executor] a personal representative until he qualifies, except that, before letters are issued, he may pay the funeral charges and take necessary measures for the preservation of the estate.
Sec. 150. NRS 138.020 is hereby amended to read as follows:
138.020 1. No person is [competent] qualified to serve as an executor [or executrix] who, at the time the will is probated:
(a) Is under the age of majority;
(b) Has been convicted of a felony;
(c) Upon proof, is adjudged by the court [incompetent] disqualified to execute the duties of [the trust] executor by reason of drunkenness, improvidence [, or want] or lack of integrity or understanding; or
(d) Is a bank [whose principal place of business is not] not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank [whose principal place of business is] authorized to do business in this state. An out-of-state bank is [competent] qualified to appoint a substitute executor , [or executrix,] pursuant to NRS 138.045, without forming such an association, but any natural person so appointed [shall] must be a resident of this state.
κ1999 Statutes of Nevada, Page 2271 (CHAPTER 467, AB 400)κ
2. If [any such person be] a disqualified person is named as the sole executor [or executrix in any] in a will, or if all persons so named are [incompetent, or shall renounce the trust,] disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed [shall] must issue.
Sec. 151. NRS 138.040 is hereby amended to read as follows:
138.040 [When] If it appears by the terms of a will that it was the intention of the testator to commit the execution [thereof] of the will and the administration of [his] the estate of the testator to any person as executor, [such] that person, although not named executor, is entitled to letters testamentary in like manner as if [he] that person had been named executor.
Sec. 152. NRS 138.045 is hereby amended to read as follows:
138.045 1. [Any] A person who is named as executor under a will, either alone or with another or others, who is [not incompetent by virtue of] otherwise qualified to act under NRS 138.020, may appoint a substitute if:
(a) The person [so] named in the will is unwilling or unable to undertake or continue the execution of the will; and
(b) The testator has not designated an alternate to serve in place of the named executor, or [that] alternate designated in the will is unwilling or unable to serve.
2. A person named as alternate executor who is not [incompetent by virtue of] disqualified under NRS 138.020 may appoint a substitute if:
(a) The named alternate is unwilling or unable to undertake or continue the execution of the will; and
(b) A named executor is [incompetent] disqualified or has not designated a substitute within 30 days after being notified that the named alternate is unwilling or unable to serve.
3. [Any] A qualified person who alone is named as the executor under a will [and is not incompetent] may appoint a coexecutor if:
(a) The person [so] named is unwilling or unable to undertake or continue the sole execution of the will; and
(b) The testator has not designated an alternate to serve in place of the named executor, or that the named alternate is unwilling or unable to serve.
4. The substitute or coexecutor, unless otherwise disqualified under this chapter, is entitled to letters testamentary in like manner as if [he] the substitute or coexecutor had been named in the will.
Sec. 153. NRS 138.050 is hereby amended to read as follows:
138.050 [When] If the executor named in the will is a corporation or national banking association that has sold its business and assets to, or has consolidated or merged with, or is in any manner provided by law succeeded by , another corporation or national banking association authorized and qualified to act as executor, the court may issue letters thereon to the successor corporation or association [.] as if the successor were named in the will.
Sec. 154. NRS 138.060 is hereby amended to read as follows:
138.060 1. [Any person interested in a will] An interested person may file objections in writing to the granting of letters testamentary to the person or persons named as executors, or any of them, and [such objections shall] those objections must be heard and determined by the court.
κ1999 Statutes of Nevada, Page 2272 (CHAPTER 467, AB 400)κ
2. A petition may also be filed for the issuance of letters of administration, with the will annexed, in all proper cases.
Sec. 155. NRS 138.070 is hereby amended to read as follows:
138.070 1. No executor of the will of [an executor shall, as such, be] a deceased executor, as such, is authorized to administer the estate of the first testator, but [,] on the death of the sole or surviving executor [or executrix] of any last will, letters of administration with the will annexed of the estate of the first testator [or testatrix] left unadministered [shall] must be issued. If no executor is named in the will, or if the sole executor or all the executors named therein are dead or [incompetent,] incapacitated, or neglect or fail to apply for letters, or to appear and qualify, or die after the issuance of letters and before the completion of the administration, letters of administration with the will annexed [shall] must be granted.
2. The account of a deceased [executor or administrator] personal representative may be [closed, his trust] settled, duties may be terminated, and [his bondsmen] sureties may be released of liability subsequently incurred, upon the petition of either the attorney who represented [him] the deceased personal representative in the probate or administration [proceedings] or upon the petition of any of [his bondsmen or] the sureties, and upon such notice as the court [shall direct.] directs.
Sec. 156. NRS 138.080 is hereby amended to read as follows:
138.080 [When] If all the persons named as executors [shall not be] are not appointed by the court, [such as shall be appointed shall] those appointed have the same authority to perform every act and discharge every [trust] duty required by the will, and their acts [shall be] are effectual for every purpose as if all had been appointed . [, and should act together.]
Sec. 157. NRS 138.090 is hereby amended to read as follows:
138.090 1. Administrators with the will annexed [shall] have the same authority as the executor named in the will would have had if [he should have] the executor had qualified, and their acts [shall be] are as effectual for every purpose, but if the power or authority conferred upon the executor is discretionary, and is not conferred by law, it [shall not be deemed to be] is not conferred upon an administrator with the will annexed.
2. Persons and their nominees and appointees are entitled to appointment as administrators with the will annexed in the same order of priority as in the appointment of administrators, except that, as to foreign letters, [a person who is interested in the will] an interested person has priority over one who is not.
Sec. 158. NRS 139.010 is hereby amended to read as follows:
139.010 No person [shall be] is entitled to letters of administration [:
1. Who shall be] who:
1. Is under the age of majority; [or
2. Who shall have]
2. Has been convicted of a felony; [or
3. Who, upon proof, shall be]
3. Upon proof, is adjudged by the court [incompetent to execute the duties of the trust] disqualified by reason of drunkenness, improvidence [, or want] or lack of integrity or understanding; or
κ1999 Statutes of Nevada, Page 2273 (CHAPTER 467, AB 400)κ
4. [Who is] Is not a resident of the State of Nevada or which, in the case of a banking corporation, [does not have its principal place of] is not authorized to do business in this state or does not associate as coadministrator a banking corporation [whose principal place of business is] authorized to do business in this state.
Sec. 159. NRS 139.030 is hereby amended to read as follows:
139.030 The surviving partner of a decedent must not be appointed administrator of the estate if any interested person [interested in the estate] objects to [his] the appointment.
Sec. 160. NRS 139.040 is hereby amended to read as follows:
139.040 1. Administration of the intestate estate of a [person dying intestate shall] decedent must be granted to [some] one or more of the persons [hereinafter mentioned, and they shall be] mentioned in this section, and they are respectively entitled to priority for appointment in the following order:
(a) The surviving [husband or wife.] spouse.
(b) The children.
(c) The father or the mother.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in the distribution of the estate.
(g) Creditors who have become such during the lifetime of the deceased.
(h) The public administrator.
(i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.
(j) Any person or persons legally [competent.] qualified.
2. A person in each of the foregoing classes is entitled:
(a) To appointment, if [such person] he is a resident of the State of Nevada or is a banking corporation [whose principal place of business is] which is authorized to do business in this state or which associates as coadministrator a banking corporation [whose principal place of business is] authorized to do business in this state.
(b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee [shall have] has the same priority as [his nominator. Such] the nominator. That priority is independent of the residence or corporate qualification of the nominator.
Sec. 161. NRS 139.050 is hereby amended to read as follows:
139.050 Administration may be granted upon petition to one or more [competent] qualified persons, although not otherwise entitled to [the same,] serve, at the written request of the person entitled, filed in the court.
Sec. 162. NRS 139.080 is hereby amended to read as follows:
139.080 Letters of administration may be granted to any [applicant, though it appear] petitioner, even if it appears that there are other persons having [better rights to the administration, when such] priority for appointment, if the latter fail to appear and claim the issuance of letters to themselves [.] after receiving due notice of the proceeding.
κ1999 Statutes of Nevada, Page 2274 (CHAPTER 467, AB 400)κ
Sec. 163. NRS 139.090 is hereby amended to read as follows:
139.090 1. A petition for letters of administration must be in writing, signed by the [applicant or his counsel,] petitioner or the attorney for the petitioner and filed with the clerk of the court, and must state:
(a) The jurisdictional facts;
(b) The names [, ages and post office] and addresses of the heirs of the decedent and their relationship to the decedent, so far as known to the [applicant;] petitioner, and the age of any who is a minor;
(c) The character and estimated value of the property of the estate; and
(d) That the [applicant] person to be appointed as administrator has never been convicted of a felony.
2. No defect of form or in the statement of jurisdictional facts actually existing voids an order appointing an administrator or any of the subsequent proceedings.
Sec. 164. NRS 139.100 is hereby amended to read as follows:
139.100 The clerk shall set the petition for hearing, and notice must be given to the heirs of the decedent [named in the petition] and to the administrator of the welfare division of the department of human resources as provided in NRS 155.020. The notice must state the filing of the petition, the object and the time for hearing.
Sec. 165. NRS 139.110 is hereby amended to read as follows:
139.110 [Any person] An interested person may contest the [application] petition by filing a written opposition [thereto] on the ground [of the incompetency of the applicant,] that the petitioner is not qualified or may assert [his] the contestants own right to the administration and [pray] request that letters be issued to [himself.] the contestant. In the latter case, [he] the contestant must file a petition and give the notice required for the original petition, and the court must hear the two petitions together.
Sec. 166. NRS 139.120 is hereby amended to read as follows:
139.120 Before letters are granted , the fact of death [, which may be proved by affidavit when the death took place outside of the state,] and that the decedent died intestate, and that notice has been given as required in this chapter, must be proved by the evidence of the [applicant] petitioner or others . [; and the] The court may also examine the [applicant] petitioner or any other person concerning the time, place and manner of death, the place of the decedents residence at the time [,] of death, the character and value of his property, and whether or not the decedent left [any] a will, and the court may compel any person to attend as a witness for that purpose.
Sec. 167. NRS 139.130 is hereby amended to read as follows:
139.130 An entry in the minutes or in the written order appointing the administrator [, signed by the judge,] that proof was made and that notice had been given according to law [shall be] is conclusive evidence of the fact of such notice.
Sec. 168. NRS 139.140 is hereby amended to read as follows:
139.140 When letters of administration have been granted to any [other] person other than the surviving [husband or wife, or his or her] spouse or the spouses nominee, or the child, [the] father, mother, brother or sister of the [intestate,] decedent, any one of them , if otherwise qualified, may obtain the revocation of the letters by presenting to the [district] court a petition
κ1999 Statutes of Nevada, Page 2275 (CHAPTER 467, AB 400)κ
[praying] requesting the revocation, and that letters of administration be issued to [him or her.] the petitioner.
Sec. 169. NRS 139.150 is hereby amended to read as follows:
139.150 1. [When such] If a petition for revocation is filed, [the clerk shall give] notice [,] must be given as in the case of an original [application, and shall issue] petition, and the petitioner shall serve a citation [to] on the administrator to appear and answer the petition at the time appointed for the hearing. The citation must be served on the administrator in accordance with NRS 155.050 at least 10 days before the date of the hearing.
2. At the time appointed, upon proof that the citation, together with a copy of the petition, has been duly served and notice given as [above required,] required in subsection 1, the court shall take evidence upon the petition, and if the right of the [applicant] petitioner is established, and he is [competent,] qualified, letters of administration [shall] must be granted to him and the letters of the former administrator revoked. The former administrator shall promptly file an accounting in accordance with NRS 150.080.
Sec. 170. NRS 139.160 is hereby amended to read as follows:
139.160 The surviving spouse, or nominee of the surviving spouse, when letters of administration have been granted to a child, parent, brother or sister of the [intestate;] decedent, or any of [such] those relatives, when letters have been granted to any other of them, may assert [his] the prior right [,] of the spouse or nominee, and obtain letters of administration, and have the previous letters [before granted] revoked in the manner prescribed in NRS 139.150.
Sec. 171. NRS 139.170 is hereby amended to read as follows:
139.170 The court [, in its discretion,] may refuse to grant letters of administration as provided in this chapter to any person or to the nominee of any person who had actual notice of the first [application] petition and an opportunity to contest [the same.] it.
Sec. 172. NRS 140.010 is hereby amended to read as follows:
140.010 The [district judge] court shall appoint a special administrator to collect and take charge of the estate of the [deceased,] decedent, in whatever county or counties the [same] estate may be found, and to exercise such other powers as may be necessary to preserve the estate:
1. [When there shall be] If there is a delay in granting letters testamentary or letters of administration, from any cause.
2. [When] If letters are granted irregularly.
3. [When] If no sufficient bond is filed as required by [law.] the court.
4. [When] If no petition is filed for letters.
5. [When] If an executor or administrator dies or is suspended or removed, and the circumstances of the estate require the immediate appointment of a personal representative.
6. If there may be no assets subject to administration but good cause exists for the appointment of a personal representative of the decedent.
7. In any other proper case.
κ1999 Statutes of Nevada, Page 2276 (CHAPTER 467, AB 400)κ
Sec. 173. NRS 140.020 is hereby amended to read as follows:
140.020 1. The appointment of a special administrator may be made at chambers [,] or in open court, and without notice or upon such notice to such [of the persons interested in the estate] interested persons as the court [or judge may deem] deems reasonable, and [shall] must be made by entry upon the minutes of the court or by written order signed and filed, which [shall] must specify the powers to be exercised by the special administrator.
2. Upon the filing of the order , [being entered,] and after the person appointed has given bond [as] if fixed by the [judge,] court, the clerk shall issue special letters of administration, with a [certified] copy of the order attached . [, to the person appointed.]
3. In making the appointment of a special administrator , the [district judge shall] court may give preference to the person or persons entitled to letters testamentary or letters of administration, but no appeal [shall be allowed] may be taken from the appointment.
Sec. 174. NRS 140.030 is hereby amended to read as follows:
140.030 Before letters issue to a person as a special administrator [he] , the person must:
1. Give bond in such sum as the court [or judge may direct,] directs, with sureties to the satisfaction of the court , [or judge,] conditioned for the faithful performance of [his duties ;] the duties, unless the court waives bond; and
2. Take the usual oath [and have the same endorsed on his letters. Thereupon the clerk shall issue special letters of administration to him.] of office.
Sec. 175. NRS 140.040 is hereby amended to read as follows:
140.040 1. A special administrator shall:
(a) Collect and preserve for the executor or administrator when appointed all the goods, chattels and [debts] receivables of the deceased, and all incomes, rents, issues, profits, claims and demands of the estate.
(b) Take charge and management of the real property and enter upon and preserve it from damage, waste and injury.
2. A special administrator may:
(a) For all necessary purposes, commence, maintain or defend [suits] actions and other legal proceedings as [an administrator.] a personal representative.
(b) Without prior order of the court, sell any perishable property of the estate, as provided in NRS 148.170.
(c) Exercise such other powers as [may] have been conferred [upon him] by the order of appointment.
(d) Obtain leave of the court to borrow money or to lease or mortgage [or execute a deed of trust upon] real property in the same manner as [a general] an executor or administrator.
3. A special administrator is not liable:
(a) To [an action by] any creditor on any claim against the estate; or
(b) [To pay] For any claim against the deceased except [for] a claim involving wrongful death, personal injury or property damage [where] if the estate contains no assets other than a policy of liability insurance.
κ1999 Statutes of Nevada, Page 2277 (CHAPTER 467, AB 400)κ
Sec. 176. NRS 140.050 is hereby amended to read as follows:
140.050 1. If any property in [charge] the control or possession of a special administrator is subject to a mortgage [, lien or deed of trust,] or lien to secure the payment of money, and there is danger that the holder of the security may enforce or foreclose the [same,] encumbrance, and the value of the property exceeds [in value] the amount of the obligation thereon, then, upon petition of the special administrator or [of anyone interested in the estate] an interested person and upon such notice as the court [or judge shall deem] deems proper, the court [or judge] may authorize or direct the special administrator to [pay the interest due] make one or more payments on all or any part of the amount so secured.
2. The order may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover such future interest unless and until for good cause set aside or modified by the court upon petition and notice, in the same manner as [a general] an executor or administrator.
Sec. 177. NRS 140.060 is hereby amended to read as follows:
140.060 1. [When] If a special administrator is appointed pending determination of a contest of a will instituted [prior to the probate thereof,] before it is admitted to probate, or pending an appeal from an order appointing, suspending or removing an executor or administrator, the special administrator [shall have] has the same powers, duties and obligations as [a general] an executor or administrator, and the letters of administration issued to him [shall] must recite that the special administrator is appointed with [the powers of a general administrator.] those powers.
2. If a special administrator has been appointed, and thereafter a proceeding to contest a will [prior to the probate thereof] before it is admitted to probate has been instituted, the court shall [make] enter an order [providing that] granting to the special administrator [shall thereafter have] the additional powers, duties and obligations of [a general] an executor or administrator and requiring [that he give] such additional bond as the court deems proper. The order is not appealable . [, and from the time of the approving and filing of any additional bond as may be required, the special administrator shall have the powers, duties and obligations of a general administrator.]
Sec. 178. NRS 140.070 is hereby amended to read as follows:
140.070 [When] If letters testamentary or letters of administration [shall be granted on the estate of the deceased,] are granted, the powers of [the] a special administrator [shall] cease, and [he shall forthwith] the special administrator shall immediately deliver to the executor or administrator all the property and effects of the deceased in [his hands,] the possession of the special administrator and the executor or administrator may prosecute to final judgment any [suit] action commenced by the special administrator.
Sec. 179. NRS 140.080 is hereby amended to read as follows:
140.080 [The] A special administrator shall also render an account, under oath, of [his] the proceedings in like manner as other administrators are required to do , [;] but if a person serving as special administrator is
κ1999 Statutes of Nevada, Page 2278 (CHAPTER 467, AB 400)κ
appointed the succeeding [general] administrator or the executor, the accounting otherwise due from [him as] the special administrator may be included in [his] the first accounting as [general] administrator or executor.
Sec. 180. Chapter 141 of NRS is hereby amended by adding thereto the provisions set forth as sections 181 and 182 of this act.
Sec. 181. Letters of special administration may be in substantially the following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Special Administration
............................................................................... )
On _____ (day) _____ (month) _____ (year), the court entered an order (admitting the decedents will to probate and) appointing (name) as special administrator of the decedents estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums in excess of $__;
[ ] a directive for the posting of bond in the sum of $___; or
[ ] a directive for both the establishment of a blocked account for sums in excess of $___ and the posting of bond in the sum of $___.
The special administrator, after being duly qualified, may act and has the authority and duties of special administrator.
In testimony of which, I have this date signed these letters and affixed the seal of the court.
CLERK OF THE COURT
By .........................................................
Deputy Clerk (date)
OATH
I, ______________________________________, whose mailing address is __________________________________________, solemnly affirm that I will faithfully perform according to law the duties of special administrator, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
...............................................................
Special Administrator
SUBSCRIBED AND AFFIRMED before me this _____ day of ______________, ____.
CLERK OF COURT
By .................................................................
Deputy Clerk
(or) ...............................................................
NOTARY PUBLIC
County of ............... State of .....................
κ1999 Statutes of Nevada, Page 2279 (CHAPTER 467, AB 400)κ
Sec. 182. After receipt of notice of a proceeding to suspend or remove a person as personal representative, the person shall not act except to account, correct malfeasance or misfeasance of administration, or preserve the estate. If removal is ordered, the court shall also order the disposition or transfer of the assets remaining in the name or under the control of the personal representative being removed.
Sec. 183. NRS 141.010 is hereby amended to read as follows:
141.010 Letters testamentary, letters of administration with the will annexed, letters of special administration, and letters of administration [shall] must be signed by the clerk and [shall be] under the seal of the court.
Sec. 184. NRS 141.020 is hereby amended to read as follows:
141.020 Letters testamentary may be in substantially the following form , [(] after properly entitling the court [and cause): The last will of ................, deceased, having been duly admitted to probate in our court, ................, who is named therein, was by our court on the ..... day of ........, ........, duly appointed executor, who, having qualified as such, is hereby authorized to act by virtue thereof. In testimony whereof, I have officially signed these letters and affixed hereto the seal of the court, this ..... day of ........, ........] :
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters Testamentary
............................................................................... )
On _____ (day) _____ (month) _____ (year), the court entered an order admitting the decedents will to probate and appointing (name) as executor of the decedents estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums in excess of $___; or
[ ] a directive for the posting of a bond in the sum of $_____, or both.
The executor, after being duly qualified, may act and has the authority and duties of an executor.
In testimony of which, I have this date signed these letters and affixed the seal of the court.
CLERK OF THE COURT
By .........................................................
Deputy Clerk (date)
OATH
I,____________________________, whose mailing address is ___________________________, solemnly affirm that I will faithfully perform according to law the duties of executor, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
...............................................................
Executor
κ1999 Statutes of Nevada, Page 2280 (CHAPTER 467, AB 400)κ
SUBSCRIBED AND AFFIRMED before me this _____ day of ______________, ____.
CLERK OF COURT
By .................................................................
Deputy Clerk
(or) ...............................................................
NOTARY PUBLIC
County of ............... State of .....................
Sec. 185. NRS 141.030 is hereby amended to read as follows:
141.030 Letters of administration with the will annexed may be in substantially [in] the following form , [(] after properly entitling the court [and cause): The last will of ................, deceased, having been duly admitted to probate in our court, and there being no executor named in the will (or as the case may be), ................ was by our court, on the ..... day of ........, ........, duly appointed as administrator with the will annexed, and who, having duly qualified as such, is hereby authorized to act by virtue thereof. In testimony whereof, I have officially signed these letters and affixed hereto the seal of the court, this ..... day of ........, ........] :
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Administrtion With Will Annexed
)
On _____ (day) _____ (month) _____ (year), the court entered an order admitting the decedents will to probate and appointing (name) as administrator with will annexed of the decedents estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums in excess of $__;
[ ] a directive for the posting of bond in the sum of $___; or
[ ] a directive for both the establishment of a blocked account for sums in excess of $___ and the posting of bond in the sum of $___.
The administrator with the will annexed, after being duly qualified, may act and has the authority and duties of administrator with will annexed.
In testimony of which, I have this date signed these letters and affixed the seal of the court.
CLERK OF THE COURT
By .........................................................
Deputy Clerk (date)
OATH
I,________________________________________, whose mailing address is ________________________________, solemnly affirm that I will faithfully perform according to law the duties of administrator with the will annexed, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
κ1999 Statutes of Nevada, Page 2281 (CHAPTER 467, AB 400)κ
petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
...............................................................
Administration With Will Annexed
SUBSCRIBED AND AFFIRMED before me this _____ day of ______________, ____.
CLERK OF COURT
By .................................................................
Deputy Clerk
(or) ...............................................................
NOTARY PUBLIC
County of ............... State of .....................
Sec. 186. NRS 141.040 is hereby amended to read as follows:
141.040 Letters of administration may be in substantially the following form , [(] after properly entitling the court [and cause): This is to certify that, by order of the above-named court and entered on the ..... day of ........, ........, ................ was appointed administrat ........ (or special administrat .....) of the estate of ................, deceased, by virtue of which these letters are issued this ..... day of ........, ........, he having duly qualified. Witness my official signature, with the seal of the court affixed.] :
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Administration
............................................................................... )
On _____ (day) _____ (month) _____ (year), the court entered an order appointing (name) as administrator of the decedents estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums in excess of $__;
[ ] a directive for the posting of bond in the sum of $___; or
[ ] a directive for both the establishment of a blocked account for sums in excess of $___ and the posting of bond in the sum of $___.
The administrator, after being duly qualified, may act and has the authority and duties of administrator.
In testimony of which, I have this date signed these letters and affixed the seal of the court.
CLERK OF THE COURT
By .........................................................
Deputy Clerk (date)
OATH
I,______________________________________, whose mailing address is ______________________________________, solemnly affirm that I will faithfully perform according to law the duties of administrator, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
κ1999 Statutes of Nevada, Page 2282 (CHAPTER 467, AB 400)κ
are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
...............................................................
Administrator
SUBSCRIBED AND AFFIRMED before me this _____ day of ______________, ____.
CLERK OF COURT
By .................................................................
Deputy Clerk
(or) ...............................................................
NOTARY PUBLIC
County of ............... State of .....................
Sec. 187. NRS 141.050 is hereby amended to read as follows:
141.050 If, after granting letters of administration on the ground of intestacy, a will of the [deceased shall be] decedent is duly proved and allowed by the court, the letters of administration [shall] must be revoked and the power of the administrator [shall cease,] ceases, and [he] the administrator shall render an account of his administration within such time as the court [shall direct.] directs. In such a case, the executor of the will, or the administrator with the will annexed, [shall be] is entitled to demand, [sue] maintain an action for and collect all the goods, chattels and effects of the deceased, remaining unadministered, and may prosecute to final judgment any suit commenced by or against the administrator before the revocation of [his] that administrators letters.
Sec. 188. NRS 141.060 is hereby amended to read as follows:
141.060 [In case any] If one of several [executors or administrators] personal representatives of the same estate to whom letters [shall] have been granted [shall die, become lunatic, be convicted of a felony,] dies, becomes incapacitated or disqualified, or otherwise [become] becomes incapable of executing the [trust, or, in case] duties of the office, or if the letters [testamentary or letters of administration shall be] are revoked or annulled according to law with respect to [any one executor or administrator,] one personal representative, the remaining [executor or administrator] personal representative shall proceed and complete the [execution of the will or administration.] administration of the estate.
Sec. 189. NRS 141.070 is hereby amended to read as follows:
141.070 If all the [executors or administrators] personal representatives die or from any cause become incapable of executing the [trust,] duties of their office, or the authority of all of them is revoked or annulled according to law, the [district] court shall direct letters [of administration with the will annexed, or otherwise, to be issued to the surviving husband or wife, next of kin or others, in the same manner as directed in relation to original letters of administration. The administrator so appointed shall give bond in like penalty, with like sureties and conditions as required of administrators, and shall have the same authority.] to be issued according to the priority established in NRS 139.040. The successor personal representative shall post such bond as the court may require.
κ1999 Statutes of Nevada, Page 2283 (CHAPTER 467, AB 400)κ
Sec. 190. NRS 141.080 is hereby amended to read as follows:
141.080 [An executor or administrator] A personal representative may resign [his] the appointment at any time, by a writing filed [in the district] with the court, to take effect upon the settlement of [his] the accounts. If, however, by reason of any delay in [such] the settlement or for any other cause, the circumstances of the estate or the rights of those interested therein require it, the court, at any time after the tendering of the resignation, may revoke the letters of [such executor or administrator and appoint in his stead an administrator, either special or general, or with the will annexed,] the personal representative and appoint a successor personal representative in the same manner as is directed in relation to original letters . [of administration.] The liability of the [outgoing executor or administrator] previous personal representative or of the sureties on [his bond shall not in any manner be] the bond of the personal representative is not discharged, released or affected by [such] the resignation or appointment, but [shall continue until the executor or administrator] continues until the personal representative has delivered up all the estate to the [person whom the court shall appoint to receive the same.] successor and filed an accounting in accordance with NRS 150.080, and the accounting has been approved by the court.
Sec. 191. NRS 141.090 is hereby amended to read as follows:
141.090 [Whenever a district judge] If a court has reason to believe, from [his] its own knowledge or from credible information, that [any executor or administrator:] a personal representative:
1. Has wasted, converted to [his] the personal representatives own use [,] or mismanaged, or is about to waste or convert to [his] the personal representatives own use, the property of the estate committed to [his charge; or] the personal representatives charge;
2. Has committed or is about to commit any wrong or fraud upon the estate; [or]
3. Has become [incompetent] disqualified to act; [or]
4. Has wrongfully neglected the estate; or
5. Has unreasonably delayed the performance of necessary acts in any particular as [executor or administrator; he shall,] personal representative,
the court may, by an order entered upon the minutes , [of the court,] suspend the powers of the [executor or administrator] personal representative until the matter can be investigated [.] , or take such other action as it deems appropriate under the circumstances.
Sec. 192. NRS 141.100 is hereby amended to read as follows:
141.100 During the suspension of the powers of [an executor or an administrator,] a personal representative, as provided in NRS 141.090 [, the district court or judge,] and 142.110, the court, if the condition of the estate requires , [it,] may appoint a special administrator to take charge of [the effects of the estate, who shall give bond and account as other special administrators are required to do.] the estate. The special administrator must post such bond as the court may require.
κ1999 Statutes of Nevada, Page 2284 (CHAPTER 467, AB 400)κ
Sec. 193. NRS 141.110 is hereby amended to read as follows:
141.110 1. [When the suspension has been made,] If an order of suspension is entered, the clerk shall issue a citation, reciting the order of suspension, to the [executor or administrator] personal representative to appear before the court at a time [therein to be] stated, as fixed by the court , [or judge,] to show cause why [his] the letters of the personal representative should not be revoked.
2. The citation [shall] must be served [by the sheriff or other person,] as provided in [the Nevada Rules of Civil Procedure for service of process.] NRS 155.050.
3. If the [executor or administrator] personal representative has absconded or [concealed himself or has removed or absented himself from] has left the state, the citation may be served by leaving a copy with [his] the personal representatives attorney of record, if [he is] available, or in such manner as the court may direct, and the court [shall have] has jurisdiction to proceed as if the citation had been personally served.
Sec. 194. NRS 141.120 is hereby amended to read as follows:
141.120 [Any person] An interested person may appear at the hearing and file allegations in writing, showing that the [executor or administrator] personal representative should be removed. [The allegations shall be heard and determined by the court.]
Sec. 195. NRS 141.130 is hereby amended to read as follows:
141.130 1. If the [executor or administrator] personal representative fails to appear [in obedience to] as required by the citation, or if [he] the personal representative appears and the court is satisfied that good grounds exist for [his removal, his letters shall] removal, the letters of the personal representative must be revoked, and new letters [of administration granted anew, as the case may require.] must issue.
2. In proceedings for the removal of [an executor or administrator,] a personal representative, the court may compel [his] the attendance of the personal representative by [attachment or other] proper process, and may require [him] the personal representative to answer questions, on oath, [touching his] relating to the administration, and, upon [his] refusal to do so, may commit [him] the personal representative to jail until [he] the personal representative obeys or may revoke [his] the letters, or both.
Sec. 196. NRS 141.140 is hereby amended to read as follows:
141.140 All acts of [an executor or administrator, as such,] a personal representative before the revocation of [his letters testamentary or letters of administration, shall be] the letters of the personal representative are as valid, [to] for all intents and purposes, as if [he] the personal representative had continued lawfully to execute the duties of [his trust.] the office.
Sec. 197. NRS 142.010 is hereby amended to read as follows:
142.010 1. Before letters [testamentary or letters of administration] may be issued to [the executor or administrator he shall] a personal representative, the personal representative must take and subscribe an oath or affirmation, before a person authorized to administer oaths, that [he] the personal representative will perform according to law the duties of [executor or administrator.] a personal representative. The oath must be filed [and recorded] by the clerk.
κ1999 Statutes of Nevada, Page 2285 (CHAPTER 467, AB 400)κ
2. The oath of a corporation appointed as [executor or administrator] a personal representative may be taken and subscribed by [its president or vice president, trust officer, or secretary or treasurer,] an authorized representative upon its behalf . [, and the oath of a banking corporation may be taken and subscribed by any of the above-named officers, or by its cashier, trust officer, assistant trust officer, manager, branch manager or other authorized officer.]
Sec. 198. NRS 142.020 is hereby amended to read as follows:
142.020 1. [Except as provided in subsection 6, the] The requirement of a bond of [an executor, administrator or successor executor or administrator] a personal representative is discretionary with the court. Whether a bond is expressly required by the will or not, the court may:
(a) Require a bond if it determines a bond is desirable; or
(b) Dispense with the requirement of a bond if it determines a bond is unnecessary.
2. The bond must be conditioned so that the [executor or administrator] personal representative will faithfully execute the duties of the [trust] office according to law, and the bond must be [recorded] filed by the clerk.
3. Personal assets of an estate may be deposited with a domestic [banking or trust corporation] financial institution upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit is subject to the further order of the court. The bond of the [executor or administrator] personal representative may be reduced accordingly. The personal representative shall file with the clerk the acknowledgment of an authorized representative of the financial institution that holds the assets deposited, which may be in the following form:
PROOF OF BLOCKED ACCOUNT
The undersigned affirms that ____________________________, as personal representative of the estate of ______________________________, deceased, has established an account, number ___, entitled ______, in the amount of $_____.
The undersigned acknowledges that this account bears a blocked/frozen designation, and that no money may be removed without first presenting an order from the court authorizing the withdrawal.
Dated on ___________(date), By:...................................................
Title:...............................................
4. During the pendency of the
administration, any person, including a creditor, having an interest in [the] an estate whose value
exceeds $10,000 may [make a written demand that the executor, administrator or any successor
submit a bond. Upon receipt of the demand, the executor, administrator or any
successor shall refrain from exercising any powers, except those necessary to
preserve the estate, until the bond is filed. The executor, administrator or
any successor is not required to file a bond in an amount which is greater than
the amount of the claim of the person having an interest in the estate. The
court may, upon the petition of the executor, administrator or any successor,
dispense with the requirement of a bond.] file a petition requesting that the personal representative submit
additional bond.
κ1999 Statutes of Nevada, Page 2286 (CHAPTER 467, AB 400)κ
a petition requesting that the personal representative submit additional bond. Upon the filing of the petition, the clerk shall set it for hearing, and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. Upon hearing the petition, the court may require the personal representative to file additional bond in the amount of the claim of the petitioner, unless it determines that bond should be dispensed with or set in a different amount.
5. The amount of the bond is the estimated value of all personal property plus income for 1 year from both real and personal property, unless the amount of the bond is expressly mentioned in the will, changed by the court [,] or required pursuant to subsection 4.
6. If a banking corporation, as defined in NRS 657.016, or trust company, as defined in NRS 669.070, doing business in this state is appointed [executor or administrator] the personal representative of the estate of a [deceased,] decedent, no bond is required [of the executor or administrator,] unless otherwise specifically required by the court.
Sec. 199. NRS 142.030 is hereby amended to read as follows:
142.030 The bond [shall not be] is not void upon the first recovery, but may be sued upon from time to time by any person aggrieved in [his or her] that persons own name until the whole penalty is exhausted.
Sec. 200. NRS 142.035 is hereby amended to read as follows:
142.035 If [an executor or administrator] a personal representative is required by a court pursuant to the provisions of this [Title] chapter to provide security in the form of cash or a bond, stipulation or other undertaking with one or more sureties, each surety for that security submits [himself] to the jurisdiction of the court which ordered the security, and irrevocably appoints the clerk of that court as [his] the agent upon whom any papers affecting [his] the suretys liability on the security may be served. The liability of the surety may be enforced on [motion] petition without the necessity of an independent action. The [motion] petition and such notice of the [motion] hearing upon the petition as the court prescribes may be served on the clerk of the court, who shall [forthwith] mail copies to the surety [if his address is known.] at the suretys last known address.
Sec. 201. NRS 142.040 is hereby amended to read as follows:
142.040 [1. In all cases when bonds are required by this Title,] If a bond is required under this chapter, the sureties must justify on oath before the [judge] court or clerk [of a court having a seal,] or before a notary public, or a justice of the peace of the county, to the effect that they are householders, or freeholders, within this state, and worth the amount for which they become surety, over and above all just debts and liabilities, exclusive of property exempt from execution. The justification must be signed by the sureties and certified by the person taking the justification, and endorsed on or attached to and filed with the bond.
[2. Upon filing, the clerk shall enter in the register of actions the date and amount of the bond and the name or names of the surety or sureties thereon. In the event of the loss of the bond, the entry so made is prima facie evidence of the due execution of the bond as required by law.
κ1999 Statutes of Nevada, Page 2287 (CHAPTER 467, AB 400)κ
3. When the whole penal sum of the bond exceeds $2,000 sureties may go thereon for any sum not less than $500, so that the whole be equal to two sufficient sureties for the whole penal sum.]
Sec. 202. NRS 142.050 is hereby amended to read as follows:
142.050 1. Before [the district judge] a court approves any bond required [by this Title he may, of his] under this chapter, it may, on its own motion, or at any time after the approval of a bond upon [motion of any person interested in the estate,] petition of an interested person, supported by affidavit that any one or all of the sureties is or are not worth as much as justified to, order a citation to issue, requiring the surety or sureties to appear before [him] the court at a particular time and place to testify [touching his or their] relating to the property and its value. The [judge] court shall, at the time the citation is issued, cause a notice or subpoena to issue to the [executor or administrator] personal representative requiring his appearance at the return of the citation.
2. Upon the return of the citation , the [judge must swear] court shall question the surety and such witnesses as may be produced [touching] concerning the property [and its value] of the surety or sureties [.] and its value. If, upon such investigation, the [judge] court is satisfied that the bond is insufficient, [he] it may require sufficient additional security within such time as [may be reasonable.] it may set.
Sec. 203. NRS 142.060 is hereby amended to read as follows:
142.060 If sufficient security is not given within the time fixed by the [judges] courts order, or such further time as the [judge may give,] court may allow, the right of the [executor or administrator to the administration shall cease] personal representative to administer the estate ceases and the person next entitled to the administration [on] of the estate, who will [execute] post a sufficient bond, [shall] must be appointed to the administration.
Sec. 204. NRS 142.070 is hereby amended to read as follows:
142.070 [When] If it is expressly provided in the will of a decedent that no bond [shall] may be required of the [executor or executrix, letters testamentary] personal representative, letters may issue without any bond [having been given; but an executor or executrix,] being given, but a personal representative to whom letters have been issued without bond [,] may, at any time afterward, [whenever it shall be] if it is shown for any cause to be necessary or proper, be required to provide and file a bond as in other cases.
Sec. 205. NRS 142.080 is hereby amended to read as follows:
142.080 1. [Whenever any person interested in an estate shall discover] If an interested person discovers that the sureties of [any executor or administrator] a personal representative have become or are becoming insolvent, or that [they or] any one [have or] of them has removed from, or [are or] is about to remove from the state, or that from any other cause the bond is insufficient, [such person may apply by petition to the district judge praying] the interested person may file a petition with the court requesting that further security be given.
κ1999 Statutes of Nevada, Page 2288 (CHAPTER 467, AB 400)κ
2. If it comes to the knowledge of the [judge] court that the bond is for any cause insufficient [he may, of his] , it may, on its own motion, without any [application,] petition, require further security.
3. A personal representative or his counsel, if either becomes aware of facts causing a need therefor, shall petition the court for an order ex parte increasing a bond to the total appraised value of personal property on hand plus 1 years estimated income from real and personal property. In an accounting, if a bond has been posted, a separate paragraph must be included describing the total bond posted, the appraised value of personal property on hand plus the estimated annual income from real and personal property and a statement of any additional bond thereby required.
Sec. 206. NRS 142.090 is hereby amended to read as follows:
142.090 1. If the court [or judge] is satisfied from [the] a petition for additional bond or otherwise believes that the matter requires investigation, a citation must be issued to the [executor or administrator requiring him] personal representative requiring the personal representative to appear before the [judge] court at a designated time and place, to show cause why [he] the personal representative should not give further security. The citation must be served on the [executor or administrator personally, at least 5 days before the return day. If he has absconded or cannot be found, it may be served by leaving a copy of it at his residence, or by such publication as the court or judge may order.] personal representative pursuant to NRS 155.050.
2. On the return of the citation or at such other time as the [judge] court may appoint, [he] it shall proceed to hear the matter , and if it satisfactorily appears that the security, from any cause, is insufficient, [he shall make] it shall enter an order requiring the [executor or administrator] personal representative to give further security, or to file a new bond in the usual form, within a reasonable time, not less than 5 nor more than 30 days.
Sec. 207. NRS 142.100 is hereby amended to read as follows:
142.100 If sufficient security or additional security is not given within the time fixed by the [judges] courts order , the right of the [executor or administrator to the administration shall cease,] personal representative to administer the estate ceases, and the person next entitled to administer the estate, who will [execute] post a sufficient bond, must be appointed. If letters have already been issued to the [executor or administrator, the same shall] personal representative, the letters must be revoked and [his authority shall thereupon cease.] the authority of the personal representative thereupon ceases. The person next entitled to administer the estate, who [shall execute] will post a proper bond, [shall] must be appointed, upon giving the [same notice required of other executors and administrators, as the case may be.] notice required by NRS 155.010.
Sec. 208. NRS 142.110 is hereby amended to read as follows:
142.110 [When]
1. If a petition is presented [praying that an executor or administrator] requesting that a personal representative be required to give further security, and [when it also shall be] if it is also alleged on oath or affirmation that the [executor or administrator] personal representative is wasting the property of the estate, the [judge] court may, by order, suspend [his] the powers of the personal representative until the matter can be heard and determined.
κ1999 Statutes of Nevada, Page 2289 (CHAPTER 467, AB 400)κ
powers of the personal representative until the matter can be heard and determined.
2. If an order of suspension is entered, the personal representative is restrained as provided in section 182 of this act. After the suspension, the personal representative must be cited to show cause and the matter must be heard and determined pursuant to NRS 141.130.
Sec. 209. NRS 142.130 is hereby amended to read as follows:
142.130 [When] If a surety of [an executor or administrator] a personal representative desires to be released from responsibility on account of future acts, [he may make application to the court, or a judge thereof,] the surety may petition the court for relief. The court [or judge] shall cite the [executor or administrator] personal representative to appear at a designated time and place and give other security. If the [executor or administrator has absconded, left or removed from the state, or if he] personal representative cannot be found after due diligence and inquiry, the citation may be served by leaving a copy of it at [his] the residence of the personal representative, or by serving the attorney of the personal representative, or by such publication as the court [or judge may order, all in accordance with] orders pursuant to the provisions of NRS 143.190.
Sec. 210. NRS 142.140 is hereby amended to read as follows:
142.140 If the [executor or administrator] personal representative neglects or refuses to give new sureties, to the satisfaction of the [judge,] court, on the return of the citation, the court [or judge] being satisfied the citation has been served, or within such reasonable time as the [judge shall allow,] court allows, not exceeding 5 days [,] unless the surety [or sureties petitioning shall consent] petitioning consents to a longer extension of time, the court [or judge] shall revoke the letters granted.
Sec. 211. NRS 142.150 is hereby amended to read as follows:
142.150 If new sureties [be] are given to the satisfaction of the [judge, he shall thereupon make] court, it shall thereupon enter an order that the surety [or sureties] who applied for relief [shall not be] is not liable for any subsequent act, default [,] or misconduct of the [executor or administrator.] personal representative.
Sec. 212. Chapter 143 of NRS is hereby amended by adding thereto a new section to read as follows:
A statute of limitations running on a cause of action belonging to a decedent, that was not barred as of the date of death, does not bar the cause of action sooner than 4 months after the death. A cause of action that, but for this section, would be barred less than 4 months after the death of the decedent is barred after 4 months unless the running of the statute is tolled under other law.
Sec. 213. NRS 143.010 is hereby amended to read as follows:
143.010 [When] If there are two [executors or administrators] personal representatives, the acts of one alone [shall be] are valid if the other is absent from the state, or for any cause is laboring under any legal disability, and [when] if there are more than two, the acts of a majority [shall be] are sufficient.
κ1999 Statutes of Nevada, Page 2290 (CHAPTER 467, AB 400)κ
Sec. 214. NRS 143.020 is hereby amended to read as follows:
143.020 [The executor or administrator shall have] Except as otherwise provided in NRS 146.010, a personal representative has a right to the possession of all the real, as well as personal, property of the [deceased] decedent and may receive the rents and profits of the [real] property until the estate [shall be] is settled, or until delivered over by order of the [district] court to the heirs or devisees, and shall make a reasonable effort to keep in good tenantable repair all houses, buildings and [fences] appurtenances thereon which are under [his control.] the control of the personal representative.
Sec. 215. NRS 143.030 is hereby amended to read as follows:
143.030 1. [The executor or administrator] A personal representative shall take into [his] possession all the estate of the [deceased,] decedent, real and personal, except that exempted as provided in this Title, and shall collect all [debts] receivables due the [deceased or to] decedent or the estate.
2. For the purpose of bringing [suits] actions to quiet title or for partition of the estate, the possession of the [executor or administrator] personal representative shall be deemed the possession of the heirs or devisees. The possession of heirs or devisees [shall be] is subject, however, to the possession of the [executor or administrator] personal representative for all other purposes.
Sec. 216. NRS 143.035 is hereby amended to read as follows:
143.035 1. [An executor or administrator] A personal representative shall use reasonable diligence in performing [his] the duties of the personal representative and in pursuing the administration of the estate.
2. [An executor or administrator] A personal representative in charge of an estate that has not been closed shall:
(a) Within 6 months after [his] the personal representatives appointment, where no federal estate tax return is required to be filed for the estate; or
(b) Within 15 months after [his] the personal representatives appointment, where a federal estate tax return is required to be filed for the estate,
file with the [district] court a report explaining why the estate has not been closed.
3. Upon receiving the report, the [court] clerk shall set a time and place for a hearing of the report . [, not later than 30 days nor sooner than 15 days after receiving it. At least 10 days before the hearing, the executor or administrator] The personal representative shall send a copy of the report and shall give notice of the hearing, [by registered or certified mail,] for the period and in the manner provided in NRS 155.010, to:
(a) Each person whose interest is affected as an heir [, devisee or legatee;] or devisee; and
(b) The welfare division of the department of human resources, if the welfare division has filed a claim against the estate.
4. At the hearing, the court shall determine whether or not the [executor or administrator] personal representative has used reasonable diligence in [his] the administration of the estate, and if [he] the personal representative has not, the court may:
(a) Subject to the provisions of NRS 143.037:
κ1999 Statutes of Nevada, Page 2291 (CHAPTER 467, AB 400)κ
(1) Prescribe the time within which the estate must be closed; or
(2) Allow the [executor or administrator] personal representative additional time for closing and order a subsequent report; or
(b) Revoke the letters of the [executor or administrator,] personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.
Sec. 217. NRS 143.037 is hereby amended to read as follows:
143.037 1. Except as otherwise provided in this section, [an executor or administrator] a personal representative shall close an estate within 18 months after [his] appointment.
2. If a claim against the estate is in litigation or in summary determination pursuant to subsection 4 of NRS 145.060 or subsection 2 of NRS 147.130 or the amount of federal estate tax has not been determined, the court, upon petition of a devisee, [legatee,] creditor or heir, shall order that:
(a) A certain amount of money, or certain other assets, be retained by the [executor or administrator] personal representative to:
(1) Satisfy the claim or tax ; [,] and
(2) Pay any fees or costs related to the claim or tax, including [, but not limited to,] fees for appraisals, attorneys fees and court costs; and
(b) The remainder of the estate be distributed.
3. If a contest of the will or a proceeding to determine heirship is pending, the court which appointed the [executor or administrator:] personal representative:
(a) Shall order that a certain amount of money, or certain other assets, be retained and the remainder of the estate distributed; or
(b) May, for good cause shown, order that the entire distributable estate be retained pending disposition of the contest or proceeding.
Sec. 218. NRS 143.040 is hereby amended to read as follows:
143.040 1. [When there was a partnership existing between the testator or intestate,] If a partnership existed between the decedent, at the time of [his] death, and any other person, the surviving partner [shall have the right to] may continue in possession of the effects of the partnership and [to] settle its business, but the [interests of the deceased shall] interest of the decedent must be included in the inventory and appraised as [other property.] an asset of the estate.
2. The surviving partner shall proceed to settle the affairs of the partnership without delay, and shall account to the [executor or administrator,] personal representative and pay over such balance as may be, from time to time, payable to [him as the representative of his testator or intestate.] the estate of the decedent.
3. Upon the [application of the executor or administrator the court or judge] petition of the personal representative, the court may, whenever it may appear necessary, order the surviving partner to render an [account,] accounting, and in case of neglect or refusal , may, after notice, compel it by [attachment; and the executor or administrator] any lawful process, and the personal representative may maintain against [him] the surviving partner any action which the [deceased] decedent could have maintained.
4. Upon any sale of a partnership interest , the surviving partner may be a bidder.
κ1999 Statutes of Nevada, Page 2292 (CHAPTER 467, AB 400)κ
Sec. 219. NRS 143.050 is hereby amended to read as follows:
143.050 After notice given as provided in NRS 155.010 or in such other manner as [may be directed by the court or judge thereof,] the court directs, the court may authorize the [executor or administrator] personal representative to continue the operation of the decedents business to such an extent and subject to such restrictions as may seem to the court to be for the best interest of the estate and [those interested therein.] any interested persons.
Sec. 220. NRS 143.060 is hereby amended to read as follows:
143.060 Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against [executors and administrators] a personal representative in all cases in which the [same] actions might have been maintained by or against [their respective testators or intestates; and all judgments quieting title to real property, entered prior to February 7, 1921, in actions instituted and maintained by executors or administrators, shall have the same force and effect after the lapse of 10 years from the entry thereof, unless sooner set aside, as judgments entered in like actions instituted and maintained by the heirs or devisees of their respective testators or intestates.] the decedent.
Sec. 221. NRS 143.070 is hereby amended to read as follows:
143.070 1. [Executors or administrators may maintain actions] A personal representative may commence or maintain an action against any person [or persons who shall have] who has wasted, destroyed, taken, carried away or converted [to his or their own use,] the goods of the [testator or intestate in his lifetime.] decedent.
2. [They] A personal representative may also commence or maintain [actions] an action for trespass committed on the real property of the [deceased] decedent while living.
Sec. 222. NRS 143.080 is hereby amended to read as follows:
143.080 Any person or [his personal representatives shall have] the personal representative has a right of action against the [executor or administrator of any testator or intestate] personal representative of a decedent who, in [his lifetime, shall have] the lifetime of the decedent wasted, destroyed, [taken,] took, carried away or converted [to his own use] the goods or chattels of [any such] that person, or committed any trespass on the real property of [such] that person.
Sec. 223. NRS 143.090 is hereby amended to read as follows:
143.090 [Any executor or administrator may, in his own name,] A successor personal representative may, for the use and benefit of all [parties interested in the estate maintain actions] interested persons, maintain an action on the bond of [any former executor or administrator] a former personal representative of the same estate.
Sec. 224. NRS 143.100 is hereby amended to read as follows:
143.100 If any person, before the granting of letters [testamentary or letters of administration, shall convert to his own use, take or alienate] converts, takes or alienates any of the [moneys,] money, goods, chattels or effects of [any deceased person, he shall stand] a decedent, that person is chargeable and [be] liable to an action by the [executor or administrator of the estate] personal representative for double the value of the property so converted, taken or alienated, to be recovered for the benefit of the estate.
κ1999 Statutes of Nevada, Page 2293 (CHAPTER 467, AB 400)κ
the estate] personal representative for double the value of the property so converted, taken or alienated, to be recovered for the benefit of the estate.
Sec. 225. NRS 143.110 is hereby amended to read as follows:
143.110 1. If [any executor or administrator, heir, devisee, legatee, creditor or other person interested in the estate of any deceased person shall complain, on oath, to the district judge] a personal representative or other interested person alleges in a petition to the court that any person has, or is suspected to have, concealed, converted , [to his own use,] conveyed away or otherwise disposed of any [moneys,] money, goods, chattels or effects of the [deceased,] decedent, or that [he has in his] the person has possession or knowledge of any deeds, conveyances, bonds, contracts or other writings which contain evidence of, or tend to disclose the right, title or interest of the [deceased] decedent in or to any real or personal property, or any claim or demand, or any last will of the [deceased, the judge] decedent, the court may cause [such] that person to be cited to appear before the [district] court to answer, upon oath, upon the matter of the [complaint.] petition.
2. If the person [be] is not in the county where letters have been granted, [he] the person may be cited and examined either before the [district] court of the county where [he] the person may be found, or before the court issuing the citation. If [such] the person appears, and [shall be] is found innocent, his necessary expenses [shall] must be allowed out of the estate.
Sec. 226. NRS 143.120 is hereby amended to read as follows:
143.120 1. If the person so cited [should refuse] refuses to appear and submit to examination or to testify [touching] concerning the matter of the complaint, the court may commit the person to the county jail, there to remain confined until [he shall obey] the person obeys the order of the court or [be] is discharged according to law.
2. If, upon examination, it [shall appear] appears that the person has concealed, converted , [to his own use,] smuggled, conveyed away, or in any manner disposed of any [moneys,] money, goods or chattels of the [deceased,] decedent, or that [he has in his] the person has possession or [under his] control of any deeds, conveyances, bonds, contracts [,] or other writings [,] which contain evidence of, or tend to disclose the right, title, interest or claim of the [deceased] decedent to any real or personal property, claim or demand, or any last will of the [deceased, the district] decedent, the court may [make] enter an order requiring the person to deliver any such property or effects to the [executor or administrator] personal representative at such time as the court may fix. [Should the person fail] If the person fails to comply with the order , the court may commit [him] the person to the county jail until the order [shall be] is complied with or the person is discharged according to law.
3. The order of the court for the delivery of [such property shall be] the property is prima facie evidence of the right of the [executor or administrator] personal representative to the property in any action that may be brought for [the recovery thereof,] its recovery, and any judgment recovered [therein shall] must be for double the value of the property, and damages in addition thereto equal to the value of [such] the property.
4. In addition to the examination of the party, witnesses may be produced and examined on either side.
κ1999 Statutes of Nevada, Page 2294 (CHAPTER 467, AB 400)κ
Sec. 227. NRS 143.130 is hereby amended to read as follows:
143.130 The [district judge, upon the complaint on oath of any executor or administrator, may cause any person who shall have been entrusted by the executor or administrator] court, upon the petition of a personal representative, may require any person entrusted by the personal representative with any part of the estate of the decedent to appear before the court and render on oath a full [account] accounting of any money, goods, chattels, bonds, accounts, or other papers or effects belonging to the estate which [shall] have come into [his] the possession of the person in trust for the [executor or administrator.] personal representative. If the person so cited [shall fail or refuse] fails or refuses to appear and render the [account, he may be proceeded against,] accounting, the court may proceed against the person as provided in NRS 143.120.
Sec. 228. NRS 143.140 is hereby amended to read as follows:
143.140 1. If a debtor of the decedent is unable to pay all [his] debts, the [executor or administrator,] personal representative, with the approval of the court, may give [him] the person a discharge upon such terms as may appear to the court to be for the best interest of the estate.
2. A compromise may also be authorized by the court when it appears to be just and for the best interest of the estate.
3. The court may also authorize the [executor or administrator,] personal representative, on such terms and conditions as may be approved by it, to extend or renew, or in any manner modify the terms of, any obligation owing to or running in favor of the decedent or [his estate.] the estate of the decedent.
4. To obtain approval or authorization the [executor or administrator shall file a verified petition with the clerk] personal representative shall file a petition showing the advantage of the settlement, compromise, extension, renewal or modification. The clerk shall set the petition for hearing by the court, and [notice thereof shall be given] the petitioner shall give notice for the period and in the manner required by NRS 155.010.
Sec. 229. NRS 143.150 is hereby amended to read as follows:
143.150 1. If the [deceased, in his lifetime,] decedent conveyed any real property or any rights or interests therein, with intent to defraud [his] creditors or to avoid any obligation, debt or duty owed another, or so conveyed [such] the property that by law the deeds of conveyance are void as against creditors, or made a gift of property in [view] contemplation of death, and there is a deficiency of assets in the hands of the [executor or administrator, the latter, on application] personal representative to pay all the expenses and debts of the estate, the personal representative, on petition of any creditor, shall commence and prosecute to final judgment any proper action for the recovery of the [same] property for the benefit of the creditors.
2. The [executor or administrator] personal representative may also, for the benefit of the creditors, [sue] maintain an action for and recover all goods, chattels, rights or credits, or their value, which may have been so fraudulently conveyed by the [deceased in his lifetime,] decedent, whatever may have been the manner of fraudulent conveyance.
κ1999 Statutes of Nevada, Page 2295 (CHAPTER 467, AB 400)κ
Sec. 230. NRS 143.160 is hereby amended to read as follows:
143.160 1. [An executor or administrator shall not be] A personal representative is not bound to [sue] maintain an action for the estate [, as mentioned in] , pursuant to NRS 143.150, for the benefit of the creditors, unless a creditor [or creditors of the deceased:
(a) Make application therefor;] of the decedent:
(a) Files a petition; and
(b) [Pay] Pays the costs and expense of the litigation or [give] gives such security [therefor as the court or judge shall direct.] as the court directs.
2. All real property so recovered [shall] must be sold for the payment of debts in the same manner as prescribed in this Title for sales of real property by [executors or administrators.] personal representatives.
3. The proceeds of all goods, chattels, rights or credits so received [shall] , after reimbursement of costs and expenses of litigation advanced by the creditor, must be applied in payment of debts in the same manner as other personal property in the hands of [the executor or administrator.] a personal representative.
Sec. 231. NRS 143.165 is hereby amended to read as follows:
143.165 1. On petition of [any person who appears to have an interest in the estate,] an interested person, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of [his] the office, or [make] enter any other order to secure proper performance of [his duty,] the duties of the office, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person. A person with whom the personal representative may transact business may be made a party [.] to the temporary order.
2. The matter must be set for hearing within 10 days after [issuance] entry of the temporary order unless the parties otherwise agree. Notice as the court directs must be given by the petitioner to the personal representative and [his] the attorney of record [,] of the personal representative, if any, and to any other party named [defendant in the petition.
3. As used in this section:
(a) Person includes, without limitation, a government, governmental agency or political subdivision of a government.
(b) Personal representative includes, without limitation, an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.] as a party in the temporary order.
Sec. 232. NRS 143.170 is hereby amended to read as follows:
143.170 [No executor or administrator shall] A personal representative shall not directly or indirectly purchase any property of the estate [he represents.] represented by the personal representative.
Sec. 233. NRS 143.175 is hereby amended to read as follows:
143.175 [Executors and administrators may, without court approval, deposit or invest funds of the estate in:
1. United States treasury notes, bills or bonds;
κ1999 Statutes of Nevada, Page 2296 (CHAPTER 467, AB 400)κ
2. Negotiable commercial paper, not exceeding 180 days maturity, of prime quality as defined by a nationally recognized organization which rates such securities;
3. Bankers acceptances;
4. Savings accounts or certificates of deposit in national banks, banks chartered by the State of Nevada, federal savings and loan associations or savings and loan associations chartered by the State of Nevada; or
5. Any other investment in which an executor or administrator is authorized by law or by a will to invest moneys or funds under his control.]
1. A personal representative may, with court approval:
(a) Invest the property of the estate, make loans and accept security therefor, in the manner and to the extent authorized by the court; and
(b) Exercise options of the estate to purchase or exchange securities or other property.
2. A personal representative may, without prior approval of the court, invest the property of the estate in:
(a) Savings accounts in a bank or savings and loan association in this state, to the extent that the deposit is insured by the Federal Deposit Insurance Corporation;
(b) Interest-bearing obligations of, or fully guaranteed by, the United States;
(c) Interest-bearing obligations of the United States Postal Service or the Federal National Mortgage Association;
(d) Interest-bearing obligations of this state or of a county, city or school district of this state;
(e) Money-market mutual funds that are invested only in obligations listed in paragraphs (a) to (d), inclusive; or
(f) Any other investment authorized by the will of the decedent.
Sec. 234. NRS 143.180 is hereby amended to read as follows:
143.180 1. Subject to such regulations as may be prescribed by the Federal Housing Administrator, [executors and administrators are authorized:
(a) To make] a personal representative may:
(a) Make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the Federal Housing Administrator, and [to] obtain such insurance.
(b) [To make] Make such loans secured by mortgage on real property as are eligible for insurance by the Federal Housing Administrator, and [to] obtain such insurance.
(c) [To purchase,] Purchase, invest in, and dispose of notes or bonds secured by mortgage insured by the Federal Housing Administrator, securities of national mortgage associations, and debentures issued by the Federal Housing Administrator.
2. No law of this state prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, or prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made, [shall apply] applies to loans, advances of credit or purchases made pursuant to subsection 1.
κ1999 Statutes of Nevada, Page 2297 (CHAPTER 467, AB 400)κ
3. All above-described loans, advances of credit, and purchases of obligations [heretofore] made and insured pursuant to the terms of the National Housing Act before October 1, 1999, are hereby validated and confirmed.
Sec. 235. NRS 143.185 is hereby amended to read as follows:
143.185 [Executors and administrators] A personal representative may purchase, invest in, and dispose of:
1. Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 [to 2259, inclusive, as now or hereafter] et seq., as amended; and
2. Bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 [to 2259, inclusive, as now or hereafter] et seq., as amended.
Sec. 236. NRS 143.187 is hereby amended to read as follows:
143.187 1. [An executor or administrator] A personal representative holding certificates of stock in [such] that capacity may hold [such] the stock in the name of a nominee without mention [thereof] in the stock certificate or registration books, if:
(a) The [executors or administrators] records of the personal representative and all reports and [accounts he] accountings the personal representative renders clearly show [such] the holding and the facts regarding [such holding;] it; and
(b) The nominee deposits with the [executor or administrator] personal representative a signed statement of the true interest of the [executor or administrator.
2. An executor or administrator] personal representative.
2. A personal representative is personally liable for any loss to the estate resulting from any act of the nominee in connection with stock so held.
Sec. 237. NRS 143.190 is hereby amended to read as follows:
143.190 1. Before letters [testamentary, or letters of administration, or letters of administration with the will annexed,] are delivered to [any executor or administrator, he] a personal representative, the personal representative shall file with the county clerk of the county in which the administration of the estate is pending a written statement containing [his] the name and [his] permanent address [, which] of the personal representative. The permanent address may, from time to time, be changed [by him] by filing with the county clerk a written statement giving [his] the changed address. [His] The permanent address shall be deemed to be that contained in the last statement so filed by [him.] the personal representative.
2. The taking of his oath of office by [an executor or by an administrator, or by an administrator with the will annexed, representative shall be deemed to be and is the equivalent of] a personal representative constitutes an appointment [by him] of the county clerk of the county in which the administration of the estate is pending to be [his] the true and lawful attorney, upon whom all legal process in any action or proceeding against the [executor or administrator] personal representative may be served, with the same legal force and effect as if served upon [him] the personal representative personally within the State of Nevada.
κ1999 Statutes of Nevada, Page 2298 (CHAPTER 467, AB 400)κ
upon whom all legal process in any action or proceeding against the [executor or administrator] personal representative may be served, with the same legal force and effect as if served upon [him] the personal representative personally within the State of Nevada.
3. Service of process may be made by mailing by registered or certified mail a copy of the process , [(] and if the process is a summons, there must be attached thereto a copy of the complaint certified by the clerk or the plaintiffs attorney , [)] directly to the [executor or administrator] personal representative at the address contained in the statement filed [by him.] with the clerk. This service is sufficient personal service upon the [executor or administrator] personal representative if proof of [such] the service is filed [in the office of the county] with the clerk.
4. The court in which the action is pending may order such continuances as may be necessary to afford the [defendant] personal representative reasonable opportunity to defend the action.
5. The foregoing method of service is cumulative, and does not prevent the personal service of process upon the [defendant] personal representative within the State of Nevada.
Sec. 238. NRS 143.200 is hereby amended to read as follows:
143.200 No action to which [an executor or administrator or administrator with the will annexed] a personal representative is a party [shall abate] abates by reason of the death, disqualification, resignation or removal of [such executor or administrator,] the personal representative, but the person who is appointed, qualifies and is acting as [his successor shall,] the successor must, upon motion, be substituted as a party to the action.
Sec. 239. NRS 143.210 is hereby amended to read as follows:
143.210 In actions brought by or against [executors it shall not be] personal representatives, it is not necessary to join those as parties who have not qualified.
Sec. 240. NRS 144.010 is hereby amended to read as follows:
144.010 1. Every [executor or administrator] personal representative shall make and [return to the court,] file with the clerk, within 60 days after [his] appointment, unless the court [shall extend] extends the time, a true inventory and appraisement or record of value of all the estate of the [deceased which] decedent that has come to [his] the possession or knowledge [.] of the personal representative.
2. The personal representative, within 10 days after filing the inventory with the clerk, shall mail a copy to all the interested heirs of an intestate estate, or to the devisees of a testate estate, or to both interested heirs and devisees, if a contest of the will of the decedent is pending. Proof of the mailing of the copies must be made and filed in the proceeding.
Sec. 241. NRS 144.020 is hereby amended to read as follows:
144.020 1. [The executor or administrator] A personal representative may engage a qualified and disinterested appraiser to ascertain the fair market value, as of the decedents death, of any asset the value of which is subject to reasonable doubt. Different persons may be engaged to appraise different kinds of assets included in the estate.
κ1999 Statutes of Nevada, Page 2299 (CHAPTER 467, AB 400)κ
2. Any such appraiser is entitled to a reasonable compensation for [his] the appraisal and may be paid the compensation by the [executor or administrator] personal representative out of the estate at any time after completion of the appraisal.
3. [Where] If there is no reasonable doubt as to the value of assets, such as money, deposits in banks, bonds, policies of life insurance , or securities for money or evidence of indebtedness, [when the same] and the asset is equal in value to [money, the executor or administrator] cash, the personal representative shall file a verified record of value in lieu of the appraisement.
4. If it appears beyond reasonable doubt that there will be no need to sell assets of the estate to pay the debts of the estate or expenses of administration, or to divide assets for distribution in kind to the devisees or heirs, the personal representative may petition the court for an order allowing a verified record of value to be filed in lieu of the appraisement, and the court may enter such an order with or without notice.
Sec. 242. NRS 144.025 is hereby amended to read as follows:
144.025 1. [The executor or administrator] A personal representative may engage a certified public accountant or other expert in valuation to ascertain the fair market value, as of the date of the death of the decedent, of the interest of the decedent in a corporation, partnership, limited-liability company or other [association.] artificial person.
2. [Any such] The certified public accountant or expert in valuation is entitled to a reasonable compensation for his services and may be paid the compensation by the [executor or administrator] personal representative out of the estate at any time after completion of the report of the valuation.
Sec. 243. NRS 144.030 is hereby amended to read as follows:
144.030 1. Before proceeding [to the execution of his duty, each] , an appraiser, certified public accountant or expert in valuation shall certify [that he will] a willingness to truly, honestly and impartially appraise or value the property according to [the best of his] that persons best knowledge and ability. The certification must be contained in the appraisal or valuation or filed with the court.
2. [He] The appraiser, certified public accountant or expert in valuation, shall then proceed to appraise the property of the estate. Each item with [an assessed] a value of more than [$100] $500 must be set down separately with the value thereof in dollars and cents in figures opposite [to] each item.
3. [Any] An appraiser, certified public accountant or expert in valuation who directly or indirectly purchases any property of an estate , [which he has appraised or valued,] without full disclosure to and approval by the court, is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void.
Sec. 244. NRS 144.040 is hereby amended to read as follows:
144.040 1. [The inventory shall] An inventory must include all the estate of the [deceased,] decedent, wherever situated [.] , that is subject to the jurisdiction of the court.
2. The inventory [shall] must contain:
(a) All the estate of the [deceased,] decedent, real and personal.
κ1999 Statutes of Nevada, Page 2300 (CHAPTER 467, AB 400)κ
(b) A statement of all [debts,] receivables, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money, belonging to the [deceased,] decedent, specifying the name of the debtor in each security, the date, the sum originally payable, [the endorsements thereon, if any,] any endorsements with their dates, and the sum which, in the judgment of the appraiser, may be collectible on each debt, interest or security.
(c) Mortgages of any kind on the real and personal property of the estate.
3. The inventory [shall] must also show:
(a) So far as can be ascertained, what portion of the estate is community property and what portion is the separate property of the [deceased.] decedent.
(b) An account of all [moneys] money belonging to the deceased [which] that has come [to the hands of the executor or administrator.] into the possession of the personal representative.
Sec. 245. NRS 144.050 is hereby amended to read as follows:
144.050 The naming of [any] a person as [executor] personal representative in a will [shall] does not operate as a discharge of any just [debt] receivable or demand which was due the testator [had against such person, but the debt or demand shall] from that person, but the receivable or demand must be included in the inventory and the person named as [executor shall be liable for the same as for so much money in his hands when the debt or demand] personal representative is liable for it when it becomes due, unless it [be] is proved that [he] the personal representative had not, [either at that time or at any time] then or thereafter, any means [wherewith] with which to pay [such debt] the receivable or demand, or such part [thereof] as may remain unpaid, and that [such] the inability did not arise from any fraud committed by [him,] the personal representative, but any commissions allowed [shall] must be applied toward payment of the [debts or demands.] receivable or demand.
Sec. 246. NRS 144.060 is hereby amended to read as follows:
144.060 The discharge or [bequest in a will of any debt] devise in a will of a receivable or demand [of] due the testator [against] from any person named as [executor in his] personal representative in the will, or [against] from any other person, [shall not be] is not valid against the creditors of the [deceased, but shall] decedent, but must be construed as a specific bequest only of [such debt] the receivable or demand. The amount [thereof shall] must be included in the inventory and , [shall,] if necessary, be applied in payment of [his debts.] claims of creditors of the decedent. If not necessary for that purpose, it [shall] must be disposed of in the same manner as other specific [legacies or bequests.] devises.
Sec. 247. NRS 144.070 is hereby amended to read as follows:
144.070 [The executor or administrator] A personal representative shall take and subscribe an oath, before any person authorized to administer oaths, that the inventory contains a true statement of all the estate of the [deceased] decedent which has come [to his] into the possession or of which [he] the personal representative has knowledge, and particularly of all money belonging to the [deceased,] decedent, and of all just claims of the [deceased] decedent, against the [executor or administrator.] personal representative.
κ1999 Statutes of Nevada, Page 2301 (CHAPTER 467, AB 400)κ
belonging to the [deceased,] decedent, and of all just claims of the [deceased] decedent, against the [executor or administrator.] personal representative. The oath must be endorsed upon or annexed to the inventory.
Sec. 248. NRS 144.080 is hereby amended to read as follows:
144.080 If [an executor or administrator shall neglect or refuse to return] a personal representative neglects or refuses to file the inventory within the time prescribed [or such further time as the court or judge, for good cause, allow,] by law or extended by the court, the court may, upon such notice as it [may prescribe,] deems appropriate, revoke the letters [testamentary or letters of administration, and the executor or administrator shall be] of the personal representative, and the personal representative is liable on his bond for any injuries sustained by the estate through his neglect.
Sec. 249. NRS 144.090 is hereby amended to read as follows:
144.090 1. [Whenever any property,] If property not mentioned in [any inventory that has been made, comes to] an inventory filed with the clerk comes into the possession or knowledge of the [executor or administrator, he shall return] personal representative, the personal representative shall file a supplementary inventory of [such] that property within 20 days after [the discovery thereof,] its discovery, in the same manner as an original inventory.
2. The court may enforce the [making] filing of a supplementary inventory as [an original.] provided in NRS 144.080.
Sec. 250. Chapter 145 of NRS is hereby amended by adding thereto the provisions set forth as sections 251 and 252 of this act.
Sec. 251. If at any time after the entry of an order for the summary administration of an estate it appears that the gross value of the estate exceeds $200,000 as of the death of the decedent, the personal representative shall petition the court for an order revoking summary administration. The court may, if deemed advisable considering the nature, character and obligations of the estate, provide in its order revoking summary administration that regular administration of the estate may proceed unabated upon providing such portions of the regular proceedings and notices as were dispensed with by the order for summary administration.
Sec. 252. 1. Upon the filing of a final account and petition for distribution of an estate for which summary administration was ordered, the notice of hearing, the account and petition, together with notice of the amount agreed or requested as attorneys fees, must be given to the persons entitled thereto.
2. The petitioner shall give notice of hearing for the period and in the manner provided in NRS 155.010.
Sec. 253. NRS 145.020 is hereby amended to read as follows:
145.020 All proceedings taken under this chapter, whether or not the decedent left a will, must be originated by a [verified] petition for letters testamentary or letters of administration containing:
1. Jurisdictional information;
2. A description of the property of the decedent, including [, without limitation,] the character and estimated value of the property; [and
κ1999 Statutes of Nevada, Page 2302 (CHAPTER 467, AB 400)κ
3. A list of each heir, next of kin, legatee and devisee of the decedent. This list must include, without limitation, the name, age, address and relationship to the decedent of any such person.]
3. The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of each heir and devisee to the decedent, so far as known to the petitioner; and
4. A statement that the person to be appointed as personal representative has never been convicted of a felony.
Sec. 254. NRS 145.030 is hereby amended to read as follows:
145.030 Notice of a petition for the probate of a will and the issuance of letters [testamentary or for letters of administration] must be given as provided in NRS 155.010 . [, and the notice to creditors and to the administrator of the welfare division of the department of human resources must be given as provided in NRS 155.020.]
Sec. 255. NRS 145.040 is hereby amended to read as follows:
145.040 [When] If it is made to appear to the court that the gross value of the estate does not exceed $200,000, the court may, if deemed advisable considering the nature , [and] character and obligations of the estate [and the obligations thereof, make] , enter an order for a summary administration of the estate.
Sec. 256. NRS 145.050 is hereby amended to read as follows:
145.050 The order for a summary administration of the estate must:
1. Dispense with all regular proceedings and further notices, except for the [notice] notices required by NRS 145.030 [and notice of application for attorneys fees;] , 145.070, 147.010 and section 252 of this act; and
2. Provide that an inventory and appraisement or record of value be [made and returned to the court.] filed with the clerk.
Sec. 257. NRS 145.060 is hereby amended to read as follows:
145.060 1. Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing [,] to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within 10 days thereafter the [executor or administrator shall act on the claims filed and present them in 3 days thereafter to the judge for his action.] personal representative shall allow or reject the claims filed.
2. Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.
3. Every claim which is filed as provided in this section [,] and allowed by the [executor or administrator, and approved by the judge,] personal representative, must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230.
4. If a claim filed by the welfare division of the department of human resources is rejected by the [executor or administrator,] personal representative, the state welfare administrator [or his designated representative] may, within 20 days after receipt of the written notice of rejection, petition the [district judge] court for summary determination of the claim.
κ1999 Statutes of Nevada, Page 2303 (CHAPTER 467, AB 400)κ
representative] may, within 20 days after receipt of the written notice of rejection, petition the [district judge] court for summary determination of the claim. A petition for summary determination must be filed with the clerk , [of the court,] who shall set the petition for hearing, and the petitioner shall give notice [must be given] for the period and in the manner required by NRS 155.010. Allowance of the claim by the [judge] court is sufficient evidence of its correctness , and it must be paid as if previously allowed by the [executor or administrator.] personal representative.
Sec. 258. NRS 145.070 is hereby amended to read as follows:
145.070 All sales of real property, [where] if summary administration is ordered, [shall] must be made upon notice given and in the manner required by [this Title for sales of real property.] chapter 148 of NRS.
Sec. 259. NRS 145.080 is hereby amended to read as follows:
145.080 [1.] The administration of the estate may be closed and distribution made at any time after the expiration of the time for the [judge] personal representative to act on the claims, [when it shall appear] if it appears to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate is in condition to be finally settled.
[2. The court or judge must be satisfied that proper notice of appointment and, where applicable, for sales, as provided in NRS 145.070, have been given before decreeing distribution of the estate and discharging the executor or administrator.]
Sec. 260. Chapter 146 of NRS is hereby amended by adding thereto a new section to read as follows:
If an order is entered setting apart a homestead, a certified copy of the order must be recorded in the office of the county recorder of the county in which the property is located.
Sec. 261. NRS 146.005 is hereby amended to read as follows:
146.005 The provisions of this chapter are inapplicable to the extent that they are inconsistent with the provisions of a premarital agreement between the [deceased and his] decedent and the surviving spouse which is enforceable pursuant to chapter 123A of NRS.
Sec. 262. NRS 146.010 is hereby amended to read as follows:
146.010 Except as provided in NRS 125.510, [when any] if a person dies leaving a surviving spouse or a minor child or minor children, the surviving spouse, minor child or minor children are entitled to remain in possession of the homestead and of all the wearing apparel and provisions [on hand] in the possession of the family, and all [of] the household furniture, and are also entitled to a reasonable provision for their support, to be allowed by the court.
Sec. 263. NRS 146.020 is hereby amended to read as follows:
146.020 Upon the [return] filing of the inventory or at any time thereafter during the administration [, the court or judge, of his own motion, or on application,] of the estate, the court, on its own motion or upon petition by an interested person, shall set apart for the use of the family of the [deceased] decedent all of the personal property which is exempt by law from execution, and shall set apart the homestead, as designated by the general homestead law then in force, whether [such] the homestead has theretofore previously been selected as required by law, or not, and the property thus set apart [shall not be] is not subject to administration.
κ1999 Statutes of Nevada, Page 2304 (CHAPTER 467, AB 400)κ
theretofore previously been selected as required by law, or not, and the property thus set apart [shall not be] is not subject to administration.
Sec. 264. NRS 146.030 is hereby amended to read as follows:
146.030 1. If the whole property exempt by law is set apart and is not sufficient for the support of the surviving spouse, minor child or minor children, the court shall make such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumstances during the progress of the [settlement] administration of the estate, which, in case of an insolvent estate, [shall] may not be longer than 1 year after granting letters of administration.
2. If the surviving spouse or any minor child has a reasonable maintenance derived from other property, and there are other persons entitled to a family allowance, the allowance [shall] must be granted only to those who do not have [not] such maintenance, or [such] the allowance may be apportioned in such manner as may be just.
Sec. 265. NRS 146.040 is hereby amended to read as follows:
146.040 [Any] An allowance made by the court [or judge] in accordance with the provisions of this chapter [shall] must be paid by the [executor or administrator] personal representative in preference to all other charges, except funeral charges, expenses of last illness and expenses of administration. This may, in the discretion of the court [or judge] granting it, take effect from the death of the decedent.
Sec. 266. NRS 146.050 is hereby amended to read as follows:
146.050 1. If the homestead was selected by [the husband and wife,] spouses, or either of them, during their [coverture,] marriage, and recorded while both were living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor, unless vesting is otherwise required pursuant to subsection 2 of NRS 115.060.
2. If no homestead was so selected, [but] a homestead [is] may be set apart by the court [for a limited period] to the family of the decedent [, as provided in this chapter, it] for a limited period if deemed advisable considering the needs and resources of the family and the nature, character and obligations of the estate. The duration of the homestead must be designated in the order setting it apart and may not extend beyond the lifetime of the surviving spouse or the minority of any child of the decedent, whichever is longer. A homestead so set apart then vests, subject to [this] the setting apart:
(a) If set apart from [his] the separate property [,] of the decedent, in the heirs or devisees of the decedent.
(b) If set apart from community property, one-half in the surviving spouse [,] and one-half in the devisees of the decedent, or if no [testamentary] disposition is made , then entirely in the surviving spouse.
3. [If the homestead is set apart by the court for a limited period of time, such period must be designated in the order and must not extend beyond the lifetime of the surviving spouse or the minority of any child or children of the decedent, whichever is longer.
κ1999 Statutes of Nevada, Page 2305 (CHAPTER 467, AB 400)κ
4.] In either case referred to in subsection 1 or 2, the homestead is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, [except it be secured by lawful liens thereon.] unless the debt or liability is secured by a mortgage or lien.
Sec. 267. NRS 146.070 is hereby amended to read as follows:
146.070 1. [When] If a person dies leaving an estate [,] the gross value of which , after deducting any encumbrances , does not exceed $50,000, and there is a surviving spouse or minor child or minor children of the [deceased,] decedent, the estate must not be administered upon, but the whole [thereof,] estate, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor child or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even [though] if there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.
2. [When] If there is no surviving spouse or minor child of the [deceased] decedent and the gross value of a decedents estate, after deducting any encumbrances, does not exceed $50,000, upon good cause shown [therefor, the judge may] , the court shall order that the estate [must] not be administered upon , but the whole [thereof must] estate be assigned and set apart [:
First:] in the following order:
(a) To the payment of funeral expenses, expenses of last illness, money owed to the department of human resources as a result of payment of benefits for Medicaid [,] and creditors, if there are any; and
[Second:]
(b) Any balance remaining to the claimant or claimants entitled thereto pursuant to [the] a valid will of the decedent, and if there is no valid will, pursuant to intestate succession.
3. [All proceedings] Proceedings taken under this section, whether or not the decedent left a valid will, must not begin until at least 30 days after the death of the decedent and must be originated by a [verified] petition containing:
(a) A specific description of all [of] the decedents property.
(b) A list of all the liens and [encumbrances] mortgages of record at the date of [his] the decedents death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names [, ages] and residences of the [decedents heirs, devisees and legatees.
The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed $50,000, the estate be set aside as provided in this section.] heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner.
κ1999 Statutes of Nevada, Page 2306 (CHAPTER 467, AB 400)κ
4. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs [, devisees and legatees] and devisees and to the state welfare administrator. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.
5. No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.
6. If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $50,000, the court may direct that the estate be distributed to the father or mother of [any] a minor heir or [legatee,] devisee, with or without the filing of any bond, or to a custodian under chapter 167 of NRS, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond , as in the discretion of the court [seems] is deemed to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
Sec. 268. NRS 146.080 is hereby amended to read as follows:
146.080 1. [When] If a decedent leaves no real property, nor interest therein , nor mortgage or lien thereon, in this state, and the gross value of the decedents property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent [, a person who is the sole beneficiary under the last will and testament of the decedent] under the laws of succession for a decedent who died intestate or under the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the state welfare administrator or public administrator on behalf of the state or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to [him] the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
2. An affidavit made pursuant to this section must state:
(a) The affiants name and address, and that the affiant is entitled by law to succeed to the property claimed;
(b) That the decedent was a resident of Nevada at the time of [his] death;
(c) That the gross value of the decedents property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, and that the property does not include any real property nor interest therein , nor mortgage or lien thereon;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no [application or] petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
κ1999 Statutes of Nevada, Page 2307 (CHAPTER 467, AB 400)κ
(f) That all debts of the decedent, including funeral and burial expenses , and money owed to the department of human resources as a result of the payment of benefits for Medicaid, have been paid or provided for;
(g) A description of the personal property and the portion claimed;
(h) That the affiant has given written notice, by personal service or by certified mail, identifying [his] the affiants claim and describing the property claimed, to every person whose right to succeed to the decedents property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;
(i) That the affiant is personally entitled, or the department of human resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and
(j) That the affiant acknowledges [that he understands] an understanding that filing a false affidavit constitutes a felony in this state.
3. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property [he] the affiant receives is subject to all debts of the decedent.
(b) Fails to give notice to other successors as required by subsection 2, any money or property [he] the affiant receives is held by [him] the affiant in trust for all other successors who have an interest in the property.
4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon [such] that information, and if [he] the person relies in good faith, [he] the person is immune from civil liability for actions based on that reliance.
5. Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
6. If any property of the estate not exceeding $20,000 is located in a state which requires an order of a court for the transfer of the property, or if [it] the estate consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified under the provisions of subsection 1 to have the stocks or bonds or other property transferred [to him] may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a [verified petition in a court of competent jurisdiction] petition, which may be ex parte, containing:
(a) A specific description of all [of] the property of the decedent.
(b) A list of all the liens and [encumbrances] mortgages of record at the date of the decedents death.
(c) An estimate of the value of the property of the decedent.
(d) The names, ages of any minors, and residences of the decedents heirs and [legatees.] devisees.
κ1999 Statutes of Nevada, Page 2308 (CHAPTER 467, AB 400)κ
(e) A [prayer requesting] request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $20,000.
(f) An attached copy of the executed affidavit made pursuant to subsection 2.
If the court finds that the gross value of the estate does not exceed $20,000 and the person requesting the transfer is entitled to it, the court may [issue] enter an order directing the transfer.
Sec. 269. NRS 147.010 is hereby amended to read as follows:
147.010 [An executor or administrator] A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.
Sec. 270. NRS 147.020 is hereby amended to read as follows:
147.020 If [an executor or administrator] a personal representative dies, resigns or is removed after the expiration of the time for the publication or mailing of notice to creditors, [his] the successor need not give any further notice to creditors.
Sec. 271. NRS 147.030 is hereby amended to read as follows:
147.030 After the notice to creditors has been mailed or published, a copy , [thereof,] with the affidavit of publication or, if notice is mailed, with [proof] a certificate of mailing, must be filed with the clerk . [of the court.]
Sec. 272. NRS 147.040 is hereby amended to read as follows:
147.040 1. [All persons having claims,] A person having a claim, due or to become due, against the [deceased] decedent must file [their claims] his claim with the clerk [of the court] within 90 days after the mailing [,] for those required to be mailed, or 90 days after the first publication of the notice to creditors pursuant to NRS 155.020.
2. A creditor who receives a notice to creditors by mail pursuant to subsection 5 of NRS 155.020 must file a claim with the clerk within 30 days after the mailing or 90 days after the first publication of notice to creditors pursuant to NRS 155.020, whichever is sooner.
3. If a claim is not filed with the clerk within [90 days after the first publication or mailing of the notice,] the time allowed by subsection 1 or 2, the claim is forever barred, but [when] if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020 [,] or actual notice of the administration of the estate, the claim may be filed at any time before the filing of the final account.
4. The period of 90 days prescribed by this section is reduced to 60 days if summary administration is granted under chapter 145 of NRS.
Sec. 273. NRS 147.050 is hereby amended to read as follows:
147.050 1. If [the executor or administrator] a personal representative is a creditor of the decedent [he shall file his] , the claim must be filed with the clerk , who must present it for allowance or rejection to the [judge.] court. Its allowance by the [judge] court is sufficient evidence of its correctness, and it must be paid as other claims in due course of administration.
2. If the [judge] court rejects the claim, action thereon may be [had against the executor or administrator as such by the claimant,] brought by the personal representative as claimant against the estate, and summons must be served upon the [judge, who] court, which shall appoint an attorney, at the expense of the estate, to defend the action.
κ1999 Statutes of Nevada, Page 2309 (CHAPTER 467, AB 400)κ
be served upon the [judge, who] court, which shall appoint an attorney, at the expense of the estate, to defend the action. If the claimant fails to recover , he must pay all costs, including [defendants] reasonable attorneys fees [,] for the estate, to be fixed by the court.
Sec. 274. NRS 147.060 is hereby amended to read as follows:
147.060 1. If a judge of the district court files or presents a claim against [any] the estate of a [deceased person,] decedent, the administration of which is pending before [him, such] that judge , the judge must designate, in writing, some other district judge [of the district court of the State of Nevada,] who, upon presentation of the claim [to him, shall be] , is vested with power to approve or reject it.
2. In case of its rejection by the [executor or administrator or by such] designated judge, the claimant has the same right to [sue] bring an action for its recovery as other persons whose claims are rejected.
Sec. 275. NRS 147.070 is hereby amended to read as follows:
147.070 1. [Every] A claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ..... day of ........).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the amount demanded to the knowledge of the claimant or other affiant.
2. Every claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by [an executor or administrator] a personal representative to the claimant at the address furnished is proper notice.
3. When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.
4. The oath may be taken before any person authorized to administer oaths.
5. The amount of interest must be computed and included in the statement of the claim and the rate of interest determined.
6. Except as otherwise provided in subsection 7, the court may, [in its discretion,] for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account [.] , but an amendment may not be made to increase the amount of a claim after the time for filing a claim has expired.
7. The court shall allow the welfare division of the department of human resources to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the division identifies after the original claim has been filed.
Sec. 276. NRS 147.080 is hereby amended to read as follows:
147.080 1. If [the claim be] a claim is founded upon a bond, bill, note or other instrument, the original instrument need not be filed, but a copy, with all endorsements, [may] must be attached to the statement of the claim and filed therewith.
κ1999 Statutes of Nevada, Page 2310 (CHAPTER 467, AB 400)κ
2. If [the claim be] a claim is secured by mortgage [, deed of trust, or other evidence of lien, it, or] or lien, a certified copy [from a record, shall] of the mortgage or lien must be attached to the claim and filed [therewith.] with the clerk.
Sec. 277. NRS 147.090 is hereby amended to read as follows:
147.090 [1. No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death bars a cause of action surviving the death of the decedent sooner than 4 months after the death. A cause of action which, but for this section, would have been barred less than 4 months after death, is barred after 4 months, unless tolled.
2.] A claim which is barred by the statute of limitations must not be allowed or approved by [the executor or administrator, or by the judge. When a claim is presented to a judge for his allowance or approval, he may, in his discretion, examine the claimant and others on oath and hear any legal evidence touching the validity of the claim.] a personal representative or by the court. No claim [,] which has been [allowed,] timely filed is affected by the statute of limitations, pending the administration of the estate.
Sec. 278. NRS 147.100 is hereby amended to read as follows:
147.100 [If an action be]
1. Except as otherwise ordered by the court for good cause shown, an action or proceeding pending against [the deceased] a decedent at the time of his [or her death, the plaintiff, in like manner, shall file his claim with the clerk, and no recovery shall be held in the action unless proof be made of such filing.] death may not be continued against the decedents personal representative unless:
(a) A claim is first filed as provided in this chapter;
(b) The claim is rejected in whole or in part; and
(c) Within 60 days after notice of rejection is given, the claimant who is the plaintiff applies to the court in which the action or proceeding is pending for an order substituting the personal representative in the action or proceeding. This requirement applies only if the notice of rejection contains a statement that the claimant has 60 days within which to apply for an order of substitution.
2. No recovery may be allowed in an action against property in the estate of a decedent unless proof is made of compliance with this section.
Sec. 279. NRS 147.110 is hereby amended to read as follows:
147.110 1. Within 15 days after the time for filing claims has expired, as provided in this chapter, the [executor or administrator] personal representative shall examine all claims filed and shall either endorse on each claim [his] an allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and the year thereof, and [such] the notice of allowance or rejection [shall] must be attached to the claim allowed or rejected [.
2. Within 5 days after the 15 days specified in subsection 1, the executor or administrator shall present all claims allowed by him to the district judge for his approval or rejection.
3. If an executor or administrator refuses or neglects] and filed with the clerk.
κ1999 Statutes of Nevada, Page 2311 (CHAPTER 467, AB 400)κ
2. If a personal representative refuses or neglects to endorse on a claim [his] an allowance or rejection within 15 days, as specified in this section, or does not file a notice of allowance or rejection, the claim shall be deemed rejected, but the [executor or administrator] personal representative may, nevertheless, allow the claim at any time before the filing of the final account.
[4.] 3. If a claim is deemed
rejected pursuant to subsection [3, the executor or administrator] 2, the personal representative
must, not more than 10 days after the rejection, provide written notice of the
rejection by registered mail to all affected creditors.
4. A personal representative need not allow or reject a claim that was not timely filed unless the court otherwise orders.
Sec. 280. NRS 147.120 is hereby amended to read as follows:
147.120 All claims [, when] approved by the [judge, shall] personal representative or the court must be ranked among the acknowledged debts of the estate, to be paid in due course of administration.
Sec. 281. NRS 147.130 is hereby amended to read as follows:
147.130 1. [When] If a claim is rejected by the [executor or administrator or the district judge,] personal representative or the court, in whole or in part, the [holder] claimant must be immediately notified by the [executor or administrator, and the holder] personal representative, and the claimant must bring suit in the proper court against the [executor or administrator] personal representative within 60 days after the notice [,] or file a timely petition for summary determination pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred. [If the holder of a claim resides out of the county, he may] A claimant must be informed of the rejection of [his] the claim by written notice forwarded to [his post office] the claimants mailing address by registered or certified mail.
2. If a claim filed by the welfare division of the department of human resources is rejected by the [executor or administrator,] personal representative, the state welfare administrator [or his designated representative] may, within 20 days after receipt of the written notice of rejection, petition the [district judge] court for summary determination of the claim. A petition for summary determination must be filed with the clerk , [of the court,] who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010. Allowance of the claim by the [judge] court is sufficient evidence of its correctness , and it must be paid as if previously allowed by the [executor or administrator.] personal representative.
3. In any [suit] action brought upon a claim rejected in whole or in part by the [executor or administrator, if the executor or administrator] personal representative, if he resides out of the state [,] or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the summons, together with a copy of the complaint, must be mailed directly to the last address given by [the executor or administrator,] him, with a copy to the attorney for the estate, and proof of the mailing must be filed with the [county clerk of the county] clerk where the administration of the estate is pending. This service is the equivalent of personal service upon the [executor or administrator, but the defendant] personal representative, but he has 30 days from the date of [such] service within which to answer.
κ1999 Statutes of Nevada, Page 2312 (CHAPTER 467, AB 400)κ
personal service upon the [executor or administrator, but the defendant] personal representative, but he has 30 days from the date of [such] service within which to answer.
4. If the [defendant] personal representative defaults after such service, the default is sufficient grounds for his removal as [executor or administrator] personal representative by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator or an administrator with the will annexed must be appointed by the court and, upon his qualification as such, letters of administration or letters of administration with the will annexed must be issued.
Sec. 282. NRS 147.140 is hereby amended to read as follows:
147.140 The time during which there [shall be] is a vacancy in the administration [shall] must not be included in any limitations prescribed in this [Title.] chapter, except as otherwise provided in NRS 147.020.
Sec. 283. NRS 147.150 is hereby amended to read as follows:
147.150 No holder of a claim against an estate [shall] may maintain an action thereon unless the claim is first filed with the clerk [,] and the claim is rejected in whole or in part, except in the following case: An action may be brought by the holder of a mortgage [or lien] to enforce the [same] mortgage against the property of the estate subject thereto [where] if all recourse against any other property of the estate is expressly waived in the complaint.
Sec. 284. NRS 147.160 is hereby amended to read as follows:
147.160 1. [Whenever the executor or administrator or the district judge shall act upon any claim that may be filed, he] A personal representative who, or a court which, acts upon a filed claim shall endorse on the claim the amount [he is willing to allow.
2. Should] offered to be allowed.
2. If the creditor [refuse] refuses to accept the amount offered to be allowed in satisfaction of [his claim, he] the claim, the creditor shall recover no costs in any action [which he may bring] brought on the claim against the [executor or administrator] personal representative unless he [shall recover] recovers a greater amount than that offered to be allowed.
Sec. 285. NRS 147.170 is hereby amended to read as follows:
147.170 1. If the [executor or administrator] personal representative doubts the correctness of any claim filed [or presented he] , the personal representative may enter into an agreement in writing with the claimant to refer the matter in controversy to some disinterested person, as a master, to be approved by the court [or a judge thereof, which] , and the agreement and approval [shall] must be filed with the clerk . [, who shall thereupon] The court shall enter an order referring the matter in controversy to the person so selected [; or,] , or if the parties consent, [a reference may be made to] the matter may be heard by the court.
2. The master must hear and determine the matter and make [his report thereon] a report to the court.
3. The same proceedings [shall] must be had in all respects , and the master [shall have] has the same powers, [be] is entitled to the same compensation and is subject to the same control as in other cases of reference.
κ1999 Statutes of Nevada, Page 2313 (CHAPTER 467, AB 400)κ
4. The court may remove the master, appoint another , [in his place,] set aside or confirm [his] the report, and adjudge costs, as in actions against [executors or administrators,] personal representatives, and the judgment of the court thereon [shall be] is as valid and effectual, in all respects, as if the [same] judgment had been [rendered in a suit] entered in an action commenced by ordinary process . [; but the report of the master, if confirmed, merely establishes or rejects the claim, the same as if it had been allowed or rejected by the executor or administrator or judge.]
Sec. 286. NRS 147.180 is hereby amended to read as follows:
147.180 1. After the time for the presentation of claims has expired, the [executor or administrator,] personal representative, with the approval of the court, may compromise any claim against the estate or any [suit] action brought against the [executor or administrator] personal representative as such by the transfer of specific assets of the estate or otherwise.
2. To obtain such approval, the [executor or administrator] personal representative shall file a [verified] petition with the clerk showing the advantage of the compromise.
3. The clerk shall set the petition for hearing [by the court, and] , and the personal representative shall give notice thereof [shall be given] for the period and in the manner required by NRS 155.010.
4. If, under this section, the court authorizes the transfer of real property of the estate, conveyances [shall] must be executed by the [executor or administrator] personal representative in the same manner as provided in NRS 148.280, and [such conveyances shall] have the same force and effect as conveyances executed pursuant to that section.
5. A certified copy of the order authorizing the transfer must be recorded in the office of the recorder of the county in which the real property, or any portion thereof, [lies.] is located.
Sec. 287. NRS 147.190 is hereby amended to read as follows:
147.190 [When] If a judgment [has been] is recovered with costs against [any executor or administrator, the executor or administrator shall be personally liable for the costs, but they shall] a personal representative, the costs must be allowed [him in his administration accounts, unless it shall appear] to the personal representative from the accounts of the administration, unless it appears that the [suit] action or proceeding in which the costs were taxed [shall have been] was prosecuted or resisted by the personal representative without cause.
Sec. 288. NRS 147.200 is hereby amended to read as follows:
147.200 1. The effect of [any] a judgment rendered against [any executor or administrator upon any claim] a personal representative upon a claim for money against the estate of [his testator or intestate shall only be] the decedent is only to establish the claim in the same manner as if it had been allowed by the [executor or administrator and the district judge,] personal representative, and the judgment [shall] must be that the [executor or administrator] personal representative pay, in due course of administration, the amount ascertained to be due.
2. A certified copy of the judgment [shall] must be filed in the estate proceedings.
κ1999 Statutes of Nevada, Page 2314 (CHAPTER 467, AB 400)κ
3. No execution [shall] may issue upon the judgment, nor [shall] does it create any lien upon the property of the estate, nor give the judgment creditor any priority of payment.
4. This section does not apply to a judgment of foreclosure of a [lien.] mortgage.
Sec. 289. NRS 147.210 is hereby amended to read as follows:
147.210 1. [When any] If a judgment has been [rendered] entered against the [deceased in his or her] decedent in the decedents lifetime , no execution [shall issue thereon after his or her death;] may issue after death, but a certified copy of the judgment [shall] must be attached to the statement of claim filed with the clerk and [shall] must be acted on as any other claim.
2. If an execution has been [actually] levied upon any property of the [deceased in his] decedent in the decedents lifetime , the [same] property may be sold for the satisfaction [thereof,] of the judgment, and the officer making the sale shall account to the [executor or administrator] personal representative for any surplus in his hands.
3. The lien of an attachment may be converted into the lien of a judgment on property in the estate subject to the lien of the attachment, with the same priority:
(a) If the judgment debtor dies after entry of judgment; or
(b) If judgment is entered after the death of the defendant,
in the action in which the property was attached.
Sec. 290. NRS 147.220 is hereby amended to read as follows:
147.220 All claims paid bear interest from date of filing at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of filing, plus 2 percent, unless a different rate is applicable by contract or otherwise. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the amount of the [lien] claim is paid.
Sec. 291. NRS 147.230 is hereby amended to read as follows:
147.230 No [executor or administrator shall be] personal representative is chargeable upon any special promise to [answer] assume liability for damages or to pay the debts of the [deceased out of his own estate,] decedent from his own assets, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by [such executor or administrator,] the personal representative, or by some other person by him thereunto specially authorized.
Sec. 292. Chapter 148 of NRS is hereby amended by adding thereto the provisions set forth as sections 293 to 297, inclusive, of this act.
Sec. 293. If a person who is bound by contract in writing to convey or transfer property dies before making the conveyance or transfer, and the decedent, if living, could have been compelled to make the conveyance or transfer, the court in which proceedings are pending for the administration of the estate of the decedent may enter an order directing the personal representative to convey or transfer the property to the persons entitled thereto.
κ1999 Statutes of Nevada, Page 2315 (CHAPTER 467, AB 400)κ
Sec. 294. 1. The personal representative, or the person claiming to be entitled to the conveyance or transfer, may file with the clerk a petition setting forth the facts upon which the claim is predicated.
2. The clerk shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010.
Sec. 295. 1. At the time appointed, the court, upon proof that due notice of the hearing has been given, shall hear the petition and any objection that has filed or is presented.
2. If the court is satisfied that the conveyance or transfer should be made, it shall enter an order directing the personal representative to execute the conveyance or transfer to the person entitled thereto.
3. If the transaction relates to real property, a certified copy of the order must be recorded with the deed in the office of the county recorder of the county in which the real property is located.
Sec. 296. 1. The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative to make the conveyance or transfer, and after its entry, the person entitled to the conveyance or transfer has a right to the possession of the property contracted for, and to hold the property according to the terms of the intended conveyance or transfer, in like manner as if it had been conveyed or transferred to the order.
2. The personal representative shall execute the conveyance or transfer according to the directions of the order, and the court may enforce its execution by process. The conveyance or transfer passes title to the property contracted for as fully as if the contracting party had executed it while living.
Sec. 297. If it appears advantageous to the estate to exchange any property of the estate for other property, the court may authorize the exchange, upon petition of the personal representative or of an interested person. The clerk shall set the petition for hearing, and the petitioner shall give notice of the hearing for the period and in the manner required by NRS 155.010.
Sec. 298. NRS 148.050 is hereby amended to read as follows:
148.050 In selling property to pay debts, [legacies,] devises, family allowance or expenses, there [shall be] is no priority between personal and real property. When a sale of property of the estate is necessary for any such purpose, or when it is for the advantage, benefit and best interests of the estate and [those interested therein] any interested persons that any property of the estate be sold, the [executor or administrator] personal representative may sell the [same,] property, either at public auction or private sale, using his discretion as to which property to sell first, except as otherwise provided [by NRS 148.010 and 148.020.] in sections 344 and 384 of this act.
Sec. 299. NRS 148.060 is hereby amended to read as follows:
148.060 1. Except as otherwise provided [by] in NRS 148.170 and 148.180 [,] and in summary administration under chapter 145 of NRS, all sales of property must be reported to the court and confirmed by the court before the title to the property passes. [The report must be verified.] The report and a petition for confirmation of the sale must be made within 30 days after each sale.
κ1999 Statutes of Nevada, Page 2316 (CHAPTER 467, AB 400)κ
2. The clerk shall set the petition for hearing by the court , and the petitioner shall give notice thereof for the period and in the manner required by NRS 155.010, or for such a period and in such manner as may be ordered by the court.
Sec. 300. NRS 148.070 is hereby amended to read as follows:
148.070 [Any person interested in the estate] An interested person may file written objections to the confirmation of the sale and may be heard thereon, and may produce witnesses in support of [his] the objections. Before an order is made confirming a sale , it must be proved to the satisfaction of the court that notice of the sale was given as prescribed by this [Title,] chapter, and the order of confirmation must show that such proof was made.
Sec. 301. NRS 148.080 is hereby amended to read as follows:
148.080 [When] If property is directed by the will to be sold, or authority is given in the will to sell the property, the [executor] personal representative may sell [the same] it either at public auction or private sale, and with or without notice, as [he] the personal representative may determine, but [he] the personal representative must make a return of sales and obtain confirmation [thereof] as in other cases. In either case , no title passes unless the sale is confirmed by the court , [;] but the necessity of the sale, or its advantage or benefit to the estate or [those interested therein] interested persons need not be shown. If directions are given in the will as to the mode of selling, or the particular property to be sold, [such] those directions must be observed.
Sec. 302. NRS 148.090 is hereby amended to read as follows:
148.090 If the [executor or administrator] personal representative neglects or refuses to sell any property of the estate when it is necessary or when it is for the advantage, benefit and best interests of the estate and [those interested therein, or when the executor] interested persons, or if the personal representative is directed by the will to sell the [same, any person] property, an interested person may petition the court for an order requiring the [executor or administrator] personal representative to sell. The clerk shall set the petition for hearing by the court, and the petitioner shall give notice [thereof must be given to the executor or administrator] to the personal representative by citation served at least 5 days before the hearing.
Sec. 303. NRS 148.100 is hereby amended to read as follows:
148.100 If there is [any] neglect or misconduct in the proceedings of the [executor or administrator] personal representative in relation to any sale by which [any person interested in the estate] an interested person suffers damage, the person aggrieved may recover [the same] damages in an action upon the bond of the [executor or administrator] personal representative or otherwise.
Sec. 304. NRS 148.110 is hereby amended to read as follows:
148.110 1. The [executor or administrator] personal representative may enter into a written contract with any bona fide agent, broker , or multiple group of agents or brokers to secure a purchaser for any real property of the estate, and by that contract , the [executor or administrator] personal representative may grant an exclusive right to sell and shall provide for the payment to the agent, broker , or multiple group of agents or brokers, out of the proceeds of a sale to any purchaser secured pursuant to the contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale.
κ1999 Statutes of Nevada, Page 2317 (CHAPTER 467, AB 400)κ
contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale. [When] If the sale is confirmed to the purchaser , the contract is binding and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract no personal liability [attaches to the executor or administrator,] is incurred by the personal representative, and no liability of any kind is incurred by the estate unless [an actual] a sale is made and confirmed by the court.
3. The commission must not exceed:
(a) Ten percent for unimproved real property.
(b) Seven percent for improved real property.
Sec. 305. NRS 148.120 is hereby amended to read as follows:
148.120 When an offer is presented for confirmation by the court, other offerors may submit higher bids and the court may confirm the highest bid. Upon confirmation, the real estate commission [may] must be divided between the listing agent and the agent, if any, who procured the purchaser to whom the sale was confirmed, in accordance with the listing agreement.
Sec. 306. NRS 148.130 is hereby amended to read as follows:
148.130 1. [When] If real or personal property is sold [, which] that is subject to a mortgage [, deed of trust,] or other lien which is a valid claim against the estate, the purchase money must be applied , after paying the necessary expenses of the sale [, first,] :
(a) First, to the payment and satisfaction of the mortgage [, deed of trust,] or other lien [, and the] ; and
(b) The residue, if any, in due course of administration.
2. The application of the purchase money to the satisfaction of the mortgage [, deed of trust,] or other lien must be made without delay, and the property is subject to [such mortgage, deed of trust,] the mortgage or other lien until the purchase money has been [actually] so applied.
Sec. 307. NRS 148.140 is hereby amended to read as follows:
148.140 The purchase money, or so much thereof as [may be] is sufficient to pay [such mortgage, deed of trust,] the mortgage or other lien, with interest, and any lawful costs and charges thereon, may be paid to the clerk [of the court,] if the mortgagee or other lienholder cannot be found, whereupon the mortgage [, deed of trust,] or other lien upon the property [shall cease,] ceases, and the purchase money must be paid over by the clerk [of the court] without delay, in payment of the expenses of sale, and in satisfaction of the obligation [to secure which] secured by the mortgage [, deed of trust,] or other lien, [was taken,] and the surplus, if any, at once returned to [the executor or administrator,] personal representative unless, for good cause shown, after notice to the executor or administrator, the court otherwise directs.
Sec. 308. NRS 148.150 is hereby amended to read as follows:
148.150 At [any] a sale of real or personal property upon which there is a mortgage [, deed of trust,] or lien, the holder thereof may become the purchaser, and [his] the receipt for the amount due [him] to the holder from the proceeds of the sale is a payment pro tanto.
κ1999 Statutes of Nevada, Page 2318 (CHAPTER 467, AB 400)κ
Sec. 309. NRS 148.160 is hereby amended to read as follows:
148.160 1. [It shall be lawful for an executor or administrator to] A personal representative may sell the equity of the estate in any property which is subject to [any encumbrance, and to] a mortgage or lien and sell the [same] property subject to the [encumbrance and to the debt thereby secured,] mortgage or lien, upon such proceedings as are [herein] prescribed in this chapter for the sale of like property.
2. [In the event that] If a claim has been filed upon the debt secured by the mortgage or lien, no such sale [shall] may be confirmed unless the holder of the claim , [shall,] by a signed and acknowledged instrument [,] filed in the matter of the estate, [release] releases the estate from all liability upon the claim.
Sec. 310. NRS 148.170 is hereby amended to read as follows:
148.170 Perishable property and other personal property which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to provide the family allowance pending the receipt of other sufficient [funds,] money, may be sold without notice, and title [shall pass] passes without confirmation , [;] but the [executor, administrator or special administrator] personal representative is responsible for the actual value of the property unless [, after making a sworn return, and on a proper showing, the court shall approve the sale.] he obtains an order approving the sale before the closing of the estate.
Sec. 311. NRS 148.180 is hereby amended to read as follows:
148.180 1. [Stocks and bonds may be sold and title thereto passed without the necessity of confirmation, upon obtaining an order of the court.
2. A petition for such an order shall be filed with the clerk who shall set the same for hearing by the court and shall give notice thereof for the period and in the manner required by NRS 155.010, but the court or judge may order the notice to be given for a shorter period or dispensed with.
3. The order shall fix the terms and conditions of sale and may dispense with notice of sale when the minimum selling price is fixed, or when the securities are to be sold upon an established stock or bond exchange.] If the sale of securities is authorized by will or by consent of the devisees or heirs to whom the securities are to be distributed, the securities may be sold without notice, and title passes without confirmation, if the securities are sold upon an established securities exchange.
2. All other securities may be sold upon obtaining an order of the court. Upon the filing of a petition requesting such an order, the clerk shall set the matter for hearing and the petitioner shall give notice for the period and in the manner required by NRS 155.010, but the court may shorten the period or dispense with notice.
Sec. 312. NRS 148.190 is hereby amended to read as follows:
148.190 1. Except as otherwise provided [by] in NRS 148.080, 148.170 and 148.180 and in summary administration under chapter 145 of NRS, [the executor or administrator] a personal representative may sell personal property of the estate only after [he has caused notice to be published at least 10 days before the sale in one or more issues of] notice is published in a newspaper published in the county where the proceedings are pending, if there is such a newspaper [;] , and if not, then in one having general circulation in the county [.]
κ1999 Statutes of Nevada, Page 2319 (CHAPTER 467, AB 400)κ
pending, if there is such a newspaper [;] , and if not, then in one having general circulation in the county [.] , for 2 weeks, consisting of three publications 1 week apart, before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days. The notice shall include [the time and place of sale, and] a brief description of the property to be sold [.] , a place where bids or offers will be received, and a day on or after which the sale will be made.
2. Public sales [must] may be made at the courthouse door, at some other public place, at the residence of the decedent or at a place designated by the [executor or administrator;] personal representative, but no sale may be made of any personal property which is not [present] available for inspection at the time of sale, unless the court [shall otherwise order.] otherwise orders.
Sec. 313. NRS 148.200 is hereby amended to read as follows:
148.200 Personal property may be sold for cash [,] or upon [a] credit.
Sec. 314. NRS 148.220 is hereby amended to read as follows:
148.220 1. Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the [land] property, or some portion [thereof lies,] of the property, is located, if there is one so published [(if none,] , and if not, then in such paper as the court [or judge may direct)] directs, for 2 weeks, being [3] three publications, 1 week apart, before the day of sale [,] or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.
2. [When, however,] If it appears from the inventory and appraisement that the value of the property to be sold does not exceed [$500, the executor or administrator may, in his discretion,] $5,000, the personal representative may dispense with the publication [,] and , in lieu thereof , post a notice of the time and place of sale in [3] three of the most public places in the county [,] in which the [land] property, or some portion [thereof lies,] of the property, is located, for 2 weeks before the day of the sale [,] or, in the case of a private sale, before the day on or after which the sale is to be made.
3. The property proposed to be sold must be described with common certainty in the notice.
Sec. 315. NRS 148.230 is hereby amended to read as follows:
148.230 1. [Sales] A sale at public auction must be made in the county in which the [land lies, and if it lies] real property is located, and if it is located in two or more counties, it may be sold in either. The sale must be made between the hours of 9 a.m. and [the setting of the sun on the same day, and must be made] 5 p.m. on the day named in the notice of sale, unless the [same] sale is postponed.
2. If, at the time appointed for the sale, the [executor or administrator deems it for the interest of all persons concerned therein] personal representative determines that the [same] sale should be postponed, [he may postpone] it may be postponed from time to time, not [exceeding in all] to exceed 3 months. In case of a postponement, notice [thereof] must be given by a public declaration at the time and place first appointed for the sale.
κ1999 Statutes of Nevada, Page 2320 (CHAPTER 467, AB 400)κ
Sec. 316. NRS 148.240 is hereby amended to read as follows:
148.240 1. [In the case] The notice of a private sale [, the notice] must state a place where bids or offers will be received, and a day on or after which the sale will be made, which [day] must be at least [15 days from] 2 weeks after the first publication or posting of the notice, and the sale [must] may not be made before that day, [but] and must be made within 1 year thereafter , [;] but if it is shown that it will be for the best interests of the estate, the court [or judge] may, by an order, decrease the number of publications and shorten the time of notice, which [shall] may not, however, be less than [1 week,] 8 days, and may provide that the sale may be made on or after a day less than [15] 2 weeks, but not less than 8 days [from] after the first publication or posting of the notice, in which case the notice of sale and the sale may be made to correspond with [such] the order.
2. The bids or offers must be in writing, and may be left at the place designated in the notice or delivered to the [executor or administrator personally, or may be filed in the office of the clerk of the court where the proceedings are pending,] personal representative personally at any time after the first publication or posting of the notice and before the making of the sale.
Sec. 317. NRS 148.260 is hereby amended to read as follows:
148.260 [No]
1. Except as otherwise provided in subsection 2, no sale of real property at private sale [shall] may be confirmed by the court unless the court is satisfied that the sum offered represents the fair market value of the property sold, nor unless [such] the real property has been appraised within 1 year [of] before the time of [such] sale. If it has not been appraised, a new appraisement must be had, as in the case of an original appraisement of an estate. This may be done at any time before the sale or confirmation thereof.
2. If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs consent in writing to sale without an appraisal, the requirement of an appraisal may be dispensed with and the personal representative may rely on the assessed value of the property for taxation in obtaining confirmation of the sale.
Sec. 318. NRS 148.270 is hereby amended to read as follows:
148.270 1. [Upon] At the hearing , the court [must examine into] shall consider the necessity for the sale, or the advantage, benefit and interest of the estate in having the sale made, and must examine the return and [witnesses] the evidence in relation to the sale.
2. If it appears to the court that good reason existed for the sale, that the sale was legally made and fairly conducted, and complied with the requirements of NRS 148.260, that the sum bid is not disproportionate to the value, and it does not appear that a sum exceeding the bid by at least 5 percent if the bid is not more than $100,000, or by at least $5,000 if the bid is $100,000 or more, may be obtained, the court shall [make] enter an order confirming the sale and directing conveyances to be executed [; otherwise] otherwise, it shall vacate the sale . [and direct another to be had, of which] If the court directs that the property be resold, notice must be given and the sale in all respects conducted as if no previous sale had taken place.
κ1999 Statutes of Nevada, Page 2321 (CHAPTER 467, AB 400)κ
3. [But if] If a written offer of 5 percent or $5,000 more in amount than that named in the return is made to the court by a responsible person, as provided in subsection 2, and the bid complies with all provisions of the law, the court may accept the offer and confirm the sale to that person, order a new sale or conduct a public auction in open court.
4. If a higher bid is received at the time of a hearing to confirm the sale, the court may continue the hearing if it finds that the original bidder was not notified of the hearing and might desire to increase his bid, but failure to notify the original bidder or to continue the hearing is not grounds to void an order confirming a sale.
Sec. 319. NRS 148.280 is hereby amended to read as follows:
148.280 1. [Conveyances must thereupon] If a sale is confirmed, a conveyance must be executed to the purchaser by the [executor or administrator, and they] personal representative. The conveyance must refer to the order confirming sale and [directing conveyances to be executed,] a certified copy of [which] the order must be recorded in the office of the recorder of the county in which the [land] property, or any portion thereof [lies.] , is located.
2. [Conveyances so made convey] A conveyance so made conveys all the right, title, interest and estate of the decedent in the [premises] property at the time of his death , [;] and if [prior to] before the sale, by operation of law or otherwise, the estate has acquired any right, title or interest in the [premises,] property other than or in addition to that of the decedent at the time of his death, [such] that right, title or interest also passes by [such conveyances.] the conveyance.
Sec. 320. NRS 148.290 is hereby amended to read as follows:
148.290 1. If a sale is made upon [a] credit, the [executor or administrator must] personal representative shall take the note or notes of the purchaser for the unpaid portion of the purchase money, with a mortgage [or deed of trust] on the property to secure their payment.
2. The mortgage [or deed of trust] may contain a provision for release of parts of the property if the court approves the provision.
Sec. 321. NRS 148.300 is hereby amended to read as follows:
148.300 If, after the confirmation, the purchaser neglects or refuses to comply with the terms of the sale, the court, on motion of the [executor or administrator,] personal representative, and after notice to the purchaser, may vacate the order of confirmation and order a resale of the property. If the amount realized on [such] the resale does not cover the bid and the expenses of the previous sale, [such] the purchaser is liable to the estate for the deficiency.
Sec. 322. NRS 148.310 is hereby amended to read as follows:
148.310 [An executor or administrator] A personal representative who fraudulently sells any real property of a decedent contrary to or otherwise than under the provisions of this [Title] chapter is liable [in] for double the value of the [land] property sold, as liquidated damages, to be recovered in an action by the person having an estate of inheritance therein.
κ1999 Statutes of Nevada, Page 2322 (CHAPTER 467, AB 400)κ
Sec. 323. NRS 148.320 is hereby amended to read as follows:
148.320 The periods of limitation prescribed in NRS 11.270 [shall] apply to all actions for the recovery of any property sold by [an executor or administrator] a personal representative in accordance with the provisions of this [Title,] chapter, and to all actions to set aside such a sale.
Sec. 324. NRS 148.330 is hereby amended to read as follows:
148.330 If a decedent, at the time of [his] death, was [possessed of] a party to a contract for the purchase of [real property, his] property, the interest in [such] the property and under [such] the contract may be sold by [his executor or administrator,] the personal representative in the same manner as if [he] the decedent had died seised of [such] the property, and the same proceedings may be had for that purpose as are prescribed in this chapter for the sale of property of which he died seised, except as [hereinafter provided.] otherwise provided in this chapter.
Sec. 325. NRS 148.340 is hereby amended to read as follows:
148.340 1. The sale must be made subject to all payments which are due at the time of sale or which may thereafter become due on the contract, and if there are any, the sale must not be confirmed by the court until the purchaser executes a bond to the [executor or administrator] personal representative for the benefit and indemnity of himself and of the persons entitled to the interest of the decedent in the [lands] property so contracted for, in double the whole amount of payments then due and thereafter to become due on the contract, with such sureties as the court [or judge shall approve.] approves.
2. The bond must be conditioned that the purchaser will make all payments for the property which are then due or which become due after the date of the sale, and will fully indemnify the [executor or administrator] personal representative and the persons so entitled against all demands, cost, charges and expenses by reason of any covenant or agreement contained in the contract.
3. A bond need not be given [when] if no claim has been made against the estate upon the contract and time for filing or presenting claims has expired, nor [when] if the holder of the claim , [shall,] by a signed and acknowledged instrument filed in the matter of the estate, [release] releases the estate from all liability upon the claim.
Sec. 326. NRS 148.350 is hereby amended to read as follows:
148.350 Upon the confirmation of the sale, the [executor or administrator must] personal representative shall execute to the purchaser an assignment of the contract, which vests in the purchaser, [his] and the heirs and assigns [,] of the purchaser, all the right, title and interest of the estate, or of the persons entitled to the interest of the decedent, in the property sold at the time of the sale, and the purchaser has the same rights and remedies against the [vendor of the land] seller of the property as the decedent would have had if [he were] living.
Sec. 327. NRS 148.360 is hereby amended to read as follows:
148.360 1. To enter into an agreement to sell or to give an option to purchase a mining claim , [or claims,] or real property worked as a mine, belonging to the estate of a decedent, the [executor or administrator, or any person interested in the estate,] personal representative, or an interested person, shall file a [verified] petition describing the property in question, stating the terms and general conditions of the proposed agreement or option, showing the advantage or advantages that may accrue to the estate from entering into it, and [praying for] requesting an order authorizing or directing its execution.
κ1999 Statutes of Nevada, Page 2323 (CHAPTER 467, AB 400)κ
person, shall file a [verified] petition describing the property in question, stating the terms and general conditions of the proposed agreement or option, showing the advantage or advantages that may accrue to the estate from entering into it, and [praying for] requesting an order authorizing or directing its execution.
2. The clerk shall set the petition for hearing [by the court, and notice thereof shall be given] , and the petitioner shall give notice for the period and in the manner provided in NRS 155.010.
Sec. 328. NRS 148.370 is hereby amended to read as follows:
148.370 1. At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection thereto that may have been filed or presented , [;] and if, after a [full] hearing, the court is satisfied that it will be to the advantage of the estate to enter into the proposed agreement, it shall [make] enter an order [authorizing and] directing the [executor or administrator] personal representative to enter into [such] the agreement of sale or to give [such] the option to purchase.
2. The order may prescribe the terms and conditions of the agreement or option.
3. A certified copy of the order [shall] must be recorded in the office of the county recorder of every county in which the [land] property affected by the agreement or option, or any portion thereof, [lies.] is located.
Sec. 329. NRS 148.380 is hereby amended to read as follows:
148.380 1. [At the time of making the order, the court shall] The order must fix the amount of such additional bond as [it] the court determines should be given by the [executor or administrator, who shall not be] personal representative, who is not entitled to receive any of the proceeds from the agreement or option until the bond is given and approved.
2. When the order is [made, the executor or administrator] entered, the personal representative shall execute, acknowledge and deliver an agreement or option to purchase containing the conditions specified in the order and setting forth therein that it is made by authority of the order, and giving the date of the order.
Sec. 330. NRS 148.390 is hereby amended to read as follows:
148.390 If the purchaser or option holder neglects or refuses to comply with the terms of the agreement or option, the court, on [motion of the executor or administrator,] petition of the personal representative, and after notice to the purchaser or option holder, shall [make] enter an order canceling the agreement or option [; but such cancellation shall] , but the cancellation does not affect any liability [therefore] previously created.
Sec. 331. NRS 148.400 is hereby amended to read as follows:
148.400 [When] If the terms of [such] an agreement to sell or option to purchase have been complied with by the purchaser or option holder, and all payments have been made according to the terms thereof, the [executor or administrator must] personal representative shall make a return [of his proceedings] to the court and petition for [a confirmation thereof, and thereupon notice shall] confirmation. Notice must be given, a hearing had, an order made by the court confirming or refusing to confirm the proceedings and conveyances executed, in the same manner and with like effect as in the case of the sale of [any] real property.
κ1999 Statutes of Nevada, Page 2324 (CHAPTER 467, AB 400)κ
and conveyances executed, in the same manner and with like effect as in the case of the sale of [any] real property.
Sec. 332. Chapter 149 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The personal representative or an interested person may petition the court to enter an order:
(a) If the decedent died in possession of, or holding title to, property and the property or an interest in it is claimed by another.
(b) If the decedent died having a claim to property and another holds title to or is in possession of the property.
2. The petition must state the facts upon which it is based and the name and address of each person entitled to notice of the petition.
3. Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice of the hearing, at least 30 days before the time set, to:
(a) All interested persons, in the manner provided in NRS 155.010.
(b) Each person claiming an interest in, or having title to or possession of the property, and any other person whose right, title or interest in or to the property would be affected by the granting of the petition, in the manner provided in NRS 155.040.
(c) Any other person, in the manner directed by the court.
4. An interested person may request time for filing a response to the petition, for discovery, or for other preparation for the hearing, and the court may grant a continuance for a reasonable time.
5. The court shall not grant a petition under this section if it determines that the matter should be determined by a civil action.
6. A person having or claiming title to or an interest in the property which is the subject of the petition may, at or before the hearing, object to the hearing if the petition is filed in a court which is not the proper court under other law for the trial of a civil action seeking the same relief and, if the ground for the objection is established, the court shall not grant the petition.
7. If a civil action is pending with respect to the subject matter of the petition and jurisdiction was obtained in the court where that action is pending before the petition was filed, upon request of a party to the civil action, the court shall stay action on the petition until the conclusion of the civil action, but the court need not stay action if it determines that the civil action was filed for the purpose of delay.
8. Except as otherwise provided in subsection 5, 6 or 7, if the court is satisfied that a conveyance, transfer, delivery or other disposition should be made, the court shall enter an order directing the personal representative or other person having title to or possession of the property to convey, transfer or deliver it to the person entitled thereto or granting other appropriate relief.
9. If an order is entered pursuant to subsection 8:
(a) The order is prima facie evidence of the correctness of the proceedings and of the personal representative or other person to execute the conveyance or transfer.
κ1999 Statutes of Nevada, Page 2325 (CHAPTER 467, AB 400)κ
(b) The person entitled under the order has the right to possession of the property, and the right to hold the property, according to the terms of the order as if the property had been conveyed or transferred.
(c) The personal representative or other person to whom the order is directed shall execute the conveyance or transfer according to the terms of the order.
(d) A conveyance or transfer by the personal representative passes title to the property as fully as if the decedent had executed it while living.
Sec. 333. NRS 149.010 is hereby amended to read as follows:
149.010 1. [Whenever it shall appear] If it appears to be to the advantage of the estate to borrow money upon a note or notes, [either] unsecured or to be secured by a security agreement or other lien upon the personal property of the decedent [,] or any part thereof, or to be secured by a mortgage [or deed of trust] upon the real property of the decedent [,] or any part thereof, or to mortgage or [give a deed of trust upon, or to] create a security interest or other lien upon [, such] the property or any part thereof, in order to pay the debts of the decedent, or [legacies,] devises, or expenses or charges of administration, or to pay, reduce, extend or renew [some] a security interest or agreement or lien or mortgage [or deed of trust already subsisting] existing upon property of the estate, and as often as occasion [therefor shall arise] arises in the administration of the estate, the court may [authorize, empower and] direct the [executor or administrator] personal representative to borrow the money and to execute such note or notes [,] and, in a proper case, to execute such mortgage, [or deed of trust,] or to give other security by way of security interest or other lien, or may authorize, in a proper case, the execution of an extension agreement.
2. [When] If property of the estate consists of an undivided fractional interest in real or personal property, and it [shall appear] appears to be to the advantage of the estate to borrow money in order to improve, utilize, operate or preserve [such] the property jointly with the other co-owner or co-owners, or in order to pay, reduce, extend or renew some security interest or agreement, lien [, mortgage or deed of trust already subsisting upon all such] or mortgage existing upon the property, including the other undivided interest or interests therein, the court may [authorize, empower and] direct the [executor or administrator] personal representative to borrow the money required for [such] those purposes and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such joint and several note or notes as may be necessary, and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such security agreement, lien [, mortgage or deed of trust] or mortgage as may be required to secure the payment of [such] the note or notes.
[3. To obtain such orders, the proceedings to be taken and the effect thereof shall be as provided in NRS 149.020 to 149.050, inclusive.]
Sec. 334. NRS 149.020 is hereby amended to read as follows:
149.020 1. The [executor or administrator, or any person interested in the estate,] personal representative or an interested person shall file a [verified] petition showing:
κ1999 Statutes of Nevada, Page 2326 (CHAPTER 467, AB 400)κ
(a) The particular purpose or purposes for which the order is sought.
(b) The necessity for or advantage to accrue from entry of the order.
(c) The amount of money proposed to be raised, if any.
(d) The rate of interest to be paid.
(e) The length of time the note or notes are to run.
(f) A general description of the property proposed to be mortgaged or subjected to [such deed of trust,] the security agreement or other lien.
2. The clerk shall set the petition for hearing [by the court. Notice] and the petitioner shall give notice of the hearing [shall be given] in the manner required by NRS 155.010 or as the court by order may require.
Sec. 335. NRS 149.030 is hereby amended to read as follows:
149.030 1. At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection [thereto] that may have been filed or presented . [; and if,] If, after a [full] hearing, the court is satisfied that it will be to the advantage of the estate, it shall [make] enter an order [authorizing and] directing the [executor or administrator] personal representative to borrow the money and to execute [such] the note or notes, and, in a proper case, to execute [such mortgage or deed of trust, or to] the mortgage or give other security by way of security interest or other lien.
2. The court may direct that a lesser amount than that named in the petition be borrowed, and may prescribe the maximum rate of interest and the period of the loan, [and may direct in what coin or currency it shall be paid,] and require that the interest and the whole or any part of the principal be paid, from time to time, out of the whole estate or any part thereof, and that the personal property to be subject to the security agreement or other lien, or any [buildings] improvements on the premises to be mortgaged [or subject to the deed of trust, shall be] , are insured for the further security of the lender, and the premiums paid from the assets of the estate.
3. A certified copy of the order [shall] must be recorded in the office of the county recorder of every county in which the [land] property affected by the order, or any portion thereof, [lies.] is located.
Sec. 336. NRS 149.040 is hereby amended to read as follows:
149.040 The [executor or administrator] personal representative shall execute, acknowledge and deliver the mortgage [, or deed of trust,] or other security, as directed, setting forth therein that it is made by authority of the order, giving the date of the order. The note or notes and mortgage [, or deed of trust,] or other security [, shall] must be signed by the [executor or administrator] personal representative as such, and [shall] create no personal liability against [the person so signing.] him.
Sec. 337. NRS 149.050 is hereby amended to read as follows:
149.050 1. [Every mortgage,] A mortgage or security agreement [or deed of trust] so made [shall be] is effectual to mortgage or subject to the security agreement [or to the deed of trust] all right, title, interest and estate which the decedent had in the property described therein at the time of his death or [prior thereto] previously and any right, title or interest in the property acquired by the estate of [such] the decedent, by operation of law or otherwise, since the time of his death.
κ1999 Statutes of Nevada, Page 2327 (CHAPTER 467, AB 400)κ
2. Jurisdiction of the court to administer the estate of [such decedent shall be] the decedent is effectual to vest the court with jurisdiction to [make] enter the order for the note or notes [,] and mortgage [,] or security agreement [or deed of trust, and such jurisdiction shall conclusively inure] , and the jurisdiction conclusively inures to the benefit of the mortgagee named in the mortgage [,] or the secured party named in the security agreement [or the trustee and beneficiary named in the deed of trust, his or their] and the heirs, successors and assigns [.] of the secured party.
3. No omission, error or irregularity in the proceedings [shall impair or invalidate the same] impairs or invalidates them or the note or notes [, mortgage,] or mortgage or security agreement [or deed of trust] given in pursuance thereof, and the mortgagee [,] or secured party [or the trustee and beneficiary, their] and the heirs, successors and assigns [, shall] of the secured party, have and possess the same rights and remedies on the note or notes [,] and mortgage [,] or security agreement [or deed of trust] as if it had been made by the decedent [prior to] before his death, except that , upon any foreclosure or sale under the mortgage [,] or security agreement , [or deed of trust,] if the proceeds of the sale of the encumbered property are insufficient to pay the note or notes, the mortgage [,] or security agreement , [or deed of trust,] and the costs or expenses of sale, no judgment [shall] may be had or allowed [,] except in cases where the note or notes [, mortgage,] or mortgage or security agreement [or deed of trust were] was given to pay, reduce, extend or renew a lien [or mortgage,] , mortgage or security agreement [or deed of trust subsisting] existing at the time of the death of the decedent and the indebtedness secured thereby was an allowed and approved claim against the estate, in which case the part of the indebtedness remaining unsatisfied must be classed and paid with other allowed claims against the estate.
Sec. 338. NRS 149.060 is hereby amended to read as follows:
149.060 [Whenever it shall appear] If it appears to be to the advantage of the estate to lease any real property of the decedent, and as often as occasion [therefor shall arise] arises in the administration of the estate, the court may [authorize and] direct the [executor or administrator] personal representative to execute [such] the lease.
Sec. 339. NRS 149.070 is hereby amended to read as follows:
149.070 1. To obtain such an order the [executor or administrator, or any person interested in the estate,] personal representative or an interested person shall file a [verified] petition, showing the advantage to accrue from giving the lease, a general description of the property proposed to be leased, and the term, rental and general conditions of the proposed lease.
2. The clerk shall set the petition for hearing [by the court. Notice] , and the petitioner shall give notice of the hearing [shall be given] in the manner required by NRS 155.010 or as the court by order may require.
Sec. 340. NRS 149.080 is hereby amended to read as follows:
149.080 1. At the time appointed, the court shall hear the petition and any objection [thereto] that may have been presented , [;] and if the court is satisfied that it will be to the advantage of the estate, it shall [make] enter an order [authorizing and] directing the [executor or administrator to make such] personal representative to make the lease.
κ1999 Statutes of Nevada, Page 2328 (CHAPTER 467, AB 400)κ
2. The order [shall] must set forth the minimum rental or royalty and the period of the lease, which [shall] must be for such time as the court may authorize, except as otherwise [herein] provided in subsection 5 with respect to a lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances or natural steam.
3. The order may authorize other terms and conditions, including, with respect to a lease for the purpose of production of minerals, oil, gas, or other hydrocarbon substances or natural steam, a provision for the payment of rental and royalty to a depositary, and for the appointment of a common agent to represent the interest of all the lessors, and, if the lease is for the purpose of production of oil, gas or other hydrocarbon substances or natural steam, including a provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the [land] property covered by the lease, and including a provision empowering the lessee to enter into any agreement with lessees, operators or owners of other [lands] property for the purpose of bringing about the cooperative development and operation of all or parts of the field of which the leased [land] property is a part, or for the development and operation of all or parts of the field as a unit.
4. If the lease covers additional property owned by other persons or an undivided interest of the decedent, or other interest of the decedent less than the entire ownership in the property, it may provide for division of rental and royalty in the proportion that the [land] property or interest of each owner bears to the total area of the [land] property or total interests covered by [such] the lease.
5. A lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances or natural steam may be for a fixed period, and so long thereafter as minerals, oil, gas or other hydrocarbon substances or natural steam are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon, and, if the lease provides for the payment of a compensatory royalty, so long as [such] the compensatory royalty is paid, and, if the [land] property covered by the lease is included in an agreement with lessees, operators or owners of other [lands] property for cooperative development or unit operation of a larger area including the leased [lands,] property, so long as oil, gas or other hydrocarbon substances or natural steam are produced in paying quantities from any of the [lands] property included in any such agreement or drilling operations are conducted thereon.
6. A certified copy of the order [shall] must be recorded in the office of the county recorder of every county in which the leased [land,] property, or any portion thereof, [lies.] is located.
Sec. 341. NRS 149.090 is hereby amended to read as follows:
149.090 1. The [executor or administrator] personal representative shall execute, acknowledge and deliver the lease as directed, setting forth therein that it is made by authority of the order, giving the date of the order.
2. [Every] A lease so made [shall be] is effectual to [demise and let the premises] lease the property described, at the rent, for the term and upon the conditions therein prescribed.
κ1999 Statutes of Nevada, Page 2329 (CHAPTER 467, AB 400)κ
3. Jurisdiction of the court to administer the estate of the decedent [shall be] is effectual to vest the court with jurisdiction to [make] enter the order for the lease, and [such jurisdiction shall conclusively inure] that jurisdiction conclusively inures to the benefit of the lessee, his heirs, successors and assigns.
4. No [omissions,] omission, error or irregularity in the proceedings [shall impair or invalidate the same] impairs or invalidates them or the lease made in pursuance thereof.
Sec. 342. NRS 149.100 is hereby amended to read as follows:
149.100 [The executor or administrator] A personal representative may lease [real] property without an order of court [when] if the tenancy is from month to month, or for a term not to exceed 1 year.
Sec. 343. Chapter 150 of NRS is hereby amended by adding thereto the provisions set forth as sections 344, 345 and 346 of this act.
Sec. 344. 1. If a testator makes provision by will, or designates property to be appropriated, for the payment of debts, the expenses of administration or family allowances, they must be paid according to that provision or out of the property thus appropriated, to the extent that the provision or property is sufficient.
2. To the extent the provision or property is insufficient, any portion of the estate not disposed of by the will must be appropriated for that purpose. To the extent that is not sufficient, the property given to residuary devisees, and thereafter all other property devised, is liable for those obligations in proportion to the value or amount of the respective devises, but specific devises are exempt from that liability if exemption appears to the court necessary to carry out the intent of the testator and there is other sufficient property.
Sec. 345. Until all remaining property is delivered pursuant to an order of final distribution, a personal representative shall file with the court, annually, an account showing the income he has received, what expenditures he has made, what property has been disbursed, or sold and at what price, and the nature and value of the property remaining on hand.
Sec. 346. A supplementary account of any receipts and disbursements by the personal representative since the filing of his final account must be filed before or at the time of making a final distribution, unless the distribution is only of real property. A settlement of the supplementary account, together with an estimate of the expense of closing the estate, must be entered by the court and included in the order. The court may order notice of the settlement of the supplementary account.
Sec. 347. NRS 150.010 is hereby amended to read as follows:
150.010 The [executor or administrator shall] personal representative must be allowed all necessary expenses in the [care and management, as well as settlement,] administration and settlement of the estate, and fees for [his services such fees] services as provided by law [; but when the deceased shall, by his will, make] , but if the decedent by will makes some other provision for the compensation of [his executor,] the personal representative, this shall be deemed a full compensation for [such] those services, unless the [executor] personal representative files a renunciation, in writing, of all claim for the compensation provided by the will.
κ1999 Statutes of Nevada, Page 2330 (CHAPTER 467, AB 400)κ
Sec. 348. NRS 150.020 is hereby amended to read as follows:
150.020 1. [When] If no compensation is provided by the will, or the [executor] personal representative renounces all claims thereto, [he] fees must be allowed [commissions] upon the whole amount of the estate which has been accounted for [by him,] , less liens and encumbrances, as follows:
(a) For the first $15,000, at the rate of 4 percent.
(b) For the next $85,000, at the rate of 3 percent.
(c) For all above $100,000, at the rate of 2 percent.
2. The same [commissions] fees must be allowed to [administrators.] the personal representative if there is no will.
3. If there are two or more [executors or administrators,] personal representatives, the compensation must be apportioned among them by the court according to the services actually rendered by each.
[4. In all cases an additional allowance may be made by the court for services in regard to the real property when it appears that the services are just and reasonable.]
Sec. 349. NRS 150.030 is hereby amended to read as follows:
150.030 Such further allowances may be made as the court [may deem] deems just and reasonable for any extraordinary services, such as:
1. Management, sales or mortgages of real or personal property.
2. Contested or litigated claims against the estate.
3. The adjustment and payments of extensive or complicated estate taxes.
4. Litigation in regard to the property of the estate.
5. The carrying on of the decedents business pursuant to an order of the court.
6. Such other litigation or special services as may be necessary for the [executor or administrator] personal representative to prosecute, defend or perform.
Sec. 350. NRS 150.040 is hereby amended to read as follows:
150.040 [All contracts between an executor or administrator and an heir, devisee or legatee] A contract between a personal representative and an heir or devisee for a higher compensation than that allowed by NRS 150.020 and 150.030 [shall be] is void.
Sec. 351. NRS 150.050 is hereby amended to read as follows:
150.050 1. [Any executor, administrator or special administrator] A personal representative, at any time after the issuance of letters [testamentary or of administration,] and upon such notice to the interested persons [interested in the estate] as the court [or a judge thereof shall require,] requires, may apply to the court for an allowance upon his [commissions.] fees.
2. On the hearing, the court shall [make] enter an order allowing him such portion of [his commission,] the fees, for services rendered up to that time, as the court deems proper, and the portion so allowed may be [thereupon] charged against the estate.
Sec. 352. NRS 150.060 is hereby amended to read as follows:
150.060 1. Attorneys for [executors, administrators and special administrators] personal representatives are entitled to reasonable compensation for their services, to be paid out of the decedents estate. The amount must be fixed by agreement between the [executor, administrator or special administrator] personal representative and the attorney, subject to approval by the court, after [application,] petition, notice and hearing [,] as provided in subsection 2.
κ1999 Statutes of Nevada, Page 2331 (CHAPTER 467, AB 400)κ
special administrator] personal representative and the attorney, subject to approval by the court, after [application,] petition, notice and hearing [,] as provided in subsection 2. If the [executor, administrator or special administrator] personal representative and the attorney fail to reach agreement, or if the attorney is also the [executor, administrator or special administrator,] personal representative, the amount must be determined and allowed by the court. The [application] petition must contain specific and detailed information supporting the entitlement to compensation, including:
(a) Reference to time and hours;
(b) The nature and extent of services rendered;
(c) Claimed ordinary and extraordinary services;
(d) The complexity of the work required; and
(e) Other information considered to be relevant to a determination of entitlement.
2. The [applicant] clerk shall set the petition for hearing, and the petitioner shall give notice of [his application and the hearing thereof to the executor, administrator or special administrator] the petition to the personal representative if he is not the [applicant] petitioner and to all known heirs [, devisees. and legatees.] in an intestacy proceeding and devisees in a will proceeding. The notice must be [sent by registered or certified mail at least 10 days before the hearing.] given for the period and in the manner provided in NRS 155.010. If a complete copy of the [application] petition is not attached to the notice, the notice must include a statement of the amount of the fee which the court will be requested to approve or allow.
3. On similar [application,] petition, notice and hearing, the court may make an allowance to an attorney for services rendered up to a certain time during the proceedings.
4. [Any heir, devisee or legatee] An heir or devisee may file objections to [an application made] a petition filed pursuant to this section, and the objections must be considered at the hearing.
5. Except as otherwise provided in this subsection, an attorney for minor, absent , unborn, incapacitated or nonresident heirs is entitled to compensation primarily out of the estate of the distributee so represented by him in those cases and to such extent as may be determined by the court. If the court finds that all or any part of the services performed by the attorney for the minor, absent , unborn, incapacitated or nonresident heirs was of value to the decedents entire estate as such and not of value only to [the minor, absent or nonresident] those heirs, the court shall order that all or part of the attorneys fee be paid to the attorney out of the [funds] money of the decedents entire estate as a general [administration] administrative expense of the estate. The amount of these fees must be determined in the same manner as the other attorneys fees provided for in this section.
Sec. 353. NRS 150.070 is hereby amended to read as follows:
150.070 1. [Every executor and administrator shall be chargeable in his own account with the whole of the estate of the deceased which should come to his] A personal representative is accountable for the whole estate that comes into the possession of the personal representative at the value of the appraisement contained in the inventory, except as otherwise provided in this Title, and [with] for all the interest, profit and income of the estate.
κ1999 Statutes of Nevada, Page 2332 (CHAPTER 467, AB 400)κ
2. [No executor or administrator shall be] A personal representative is not accountable for any debts due the deceased that remain uncollected without his fault.
3. [He] A personal representative shall not make profit by the increase nor suffer loss by the decrease or destruction of any part of the estate without his fault. [He] The personal representative shall account for the excess when [he shall sell] any part of the estate is sold for more than the [appraisement,] inventoried value and, if any [be] assets are sold for less than [the appraisement, he shall not be] that value, the personal representataive is not responsible for the loss if the sale has been made according to law.
Sec. 354. NRS 150.080 is hereby amended to read as follows:
150.080 [1. Whenever] If required by the court , [or a judge thereof, either] upon its [or his] own motion [,] or upon the [application of any person interested in the estate, the executor or administrator must render and] petition of an interested person, a personal representative shall file with the clerk [a] the first, verified account, showing:
[(a)] 1. The amount of money received and expended by him.
[(b)] 2. The claims filed or presented against the estate, giving the name of each claimant, the nature of his claim, when it became due or will become due, whether it was allowed or rejected by him , or not yet acted upon.
[(c)] 3. All other matters necessary to show the condition of the estate.
[2. If he neglects or refuses to appear and render such account after having been duly cited, an attachment may be issued against him and such accounting compelled, or his letters may be revoked, or both, in the discretion of the court or judge.]
Sec. 355. NRS 150.100 is hereby amended to read as follows:
150.100 1. If the [executor or administrator] personal representative fails to [render and file his] file the first account within the time specified in NRS [150.090,] 150.080, the court [or judge] shall order a citation to issue requiring [him] the personal representative to file the account by a time to be stated in the citation, as fixed by the court , [or judge,] or appear and show cause why [he] the personal representative should not be compelled to file the account.
2. If [he] the personal representative fails to file the account by the time stated, or show cause why [he should] not, the court, by attachment or other proper process, may compel [him] the personal representative to file such an account or may revoke [his letters, in the discretion of the court,] the letters, or both, and like action may be [had] taken in reference to any subsequent account [he] the personal representative may be [ordered] required to file.
Sec. 356. NRS 150.110 is hereby amended to read as follows:
150.110 1. [Whenever] If all the property of an estate [shall have] has been sold or there [shall be sufficient funds in his hands] is money available for the payment of all debts due by the estate, and the estate [be] is in a proper condition to be closed, the [executor or administrator shall render and file his] personal representative shall file a final account and [pray for] request a settlement of his administration.
2. If [he] the personal representative neglects to [render and file his] file a final account , the same proceedings may be had as prescribed in this chapter in regard to the first account to be filed by [him,] the personal representative, and all the provisions relative to the first account, and the notice and settlement thereof , [shall] apply to [his] the account for final settlement.
κ1999 Statutes of Nevada, Page 2333 (CHAPTER 467, AB 400)κ
representative, and all the provisions relative to the first account, and the notice and settlement thereof , [shall] apply to [his] the account for final settlement.
Sec. 357. NRS 150.120 is hereby amended to read as follows:
150.120 [Whenever] If the authority of [an executor or administrator shall cease or shall be] a personal representative ceases or is revoked for any reason, [he] the personal representative may be cited by the court to account, at the instance of the person succeeding to the administration of the same estate, in like manner as [he] the personal representative might have been by any interested person [interested in the estate during the time he was executor or administrator.] during the term of the appointment.
Sec. 358. NRS 150.130 is hereby amended to read as follows:
150.130 1. If [the executor or administrator] a personal representative dies or becomes [incompetent, his] incapacitated, the accounts may be presented to the court by [his] the personal representative or guardian [to, and settled by, the court in which the estate of which he was executor or administrator is being administered, and, upon] of the former personal representative. Upon petition of [the successor of the deceased or incompetent executor or administrator,] a successor to the decedent or incapacitated personal representative, the court shall compel the personal representative or guardian [of the deceased or incompetent executor or administrator to render] to file an account of the administration . [of his testator or intestate, and must] The court shall settle such an account as in other cases.
2. In the absence of a personal representative or guardian of the [deceased or incompetent executor or administrator,] decedent or incapacitated personal representative, the court may compel [the attorney for the deceased or incompetent executor or administrator to render] an attorney to file an account of the administration [of the deceased or incompetent executor or administrator] to the extent that the attorney has information or records available [to him] for that purpose. The account of the attorney need not be verified. A fee [shall] must be allowed the attorney by the court for this extraordinary service.
Sec. 359. NRS 150.140 is hereby amended to read as follows:
150.140 If the [executor or administrator absconds or conceals himself,] personal representative absconds, or if, after reasonable diligence, he cannot be found , so that a citation cannot be personally served, and [shall neglect] the personal representative neglects to file an account within 20 days after the time fixed for that purpose, [his letters shall] the letters must be revoked.
Sec. 360. NRS 150.150 is hereby amended to read as follows:
150.150 1. [Except as provided in subsection 6, in rendering his account, the executor or administrator shall produce vouchers for all payments he may have made, which vouchers shall be filed and remain in court, and he may be examined on oath touching such payments, and also touching any property and effects of the deceased, and the disposition thereof.
2. When any voucher shall be required for other purposes, it may be withdrawn on leaving a certified copy on file.
κ1999 Statutes of Nevada, Page 2334 (CHAPTER 467, AB 400)κ
3. Where the account is accompanied by a report of an accountant, or an accountant, upon the hearing of any account, testifies that all expenditures of $20 or more made by the executor or administrator during the accounting period are supported by vouchers, it shall not be necessary to produce or file the vouchers in court. The provisions of this subsection are applicable only when the accountant has been appointed or is approved by the court for such purpose.
4. If any vouchers be] A personal representative need not file vouchers with the court to substantiate payments made in the administration of the estate, but shall retain possession of the vouchers and permit their examination by the court or an interested person.
2. The court, on its own motion or on application ex parte for good cause by an interested person, may order production for examination and audit the vouchers that support an account specified in the order.
3. If any vouchers are lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the [items] expenses were paid in good faith and were legal charges against the estate, the [executor or administrator shall] personal representative must be allowed [such items.
5. He may be allowed any item of expenditure not exceeding $20 for which no voucher is produced, if it is supported by his uncontradicted oath positive to the fact of payment, specifying when, where and to whom it was made; but the total amount of such allowances in all his accounts must not exceed $500.
6. A corporate executor or administrator is not required to file vouchers with the court to substantiate payments made in the administration of the estate, but shall retain possession of such vouchers and permit examination thereof by any party interested in the estate or the court.] those expenses.
Sec. 361. NRS 150.160 is hereby amended to read as follows:
150.160 1. [When] If an account [is rendered and set for settlement by the court, notice thereof must be given] and a petition for settlement thereof is filed, the clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner required by NRS 155.010.
2. If the account is for a final settlement and a petition for the final distribution of the estate is filed with the account, the notice of settlement must so state, and on the settlement of the account, distribution of the estate to those entitled thereto may be [had immediately.] made as soon as possible.
Sec. 362. NRS 150.170 is hereby amended to read as follows:
150.170 1. [Any person interested in the estate] An interested person may appear and file written [exceptions] objections to the account and contest [the same.] it.
2. Upon the hearing, the [executor or administrator] personal representative may be examined [on oath touching] under oath concerning the account and the property and effects of the decedent and the disposition thereof.
κ1999 Statutes of Nevada, Page 2335 (CHAPTER 467, AB 400)κ
3. All matters, including allowed claims, not [passed upon on] addressed in the settlement of any former account , and not reduced to judgment, may be contested for cause shown.
Sec. 363. NRS 150.180 is hereby amended to read as follows:
150.180 1. If [there be] a minor is interested in the estate who has no legally appointed guardian, the court may appoint [some] a disinterested attorney to represent him who [, on behalf of the minor,] may contest the account as any other interested person [having an interest] might contest it.
2. The court may also appoint an attorney to represent unborn, incapacitated or absent heirs and devisees . [and legatees.]
3. All matters, including allowed claims not [passed upon on] addressed in the settlement of any former account, or [on making a decree] in entering an order of sale, may be contested by interested [parties] persons for cause shown.
4. [Any] An attorney so appointed [shall] must be paid [a reasonable compensation out of the estate, which payment shall be an expense of administration of the estate. The amount of such fee shall be determined by the court.] as provided in NRS 150.060.
Sec. 364. NRS 150.190 is hereby amended to read as follows:
150.190 No account [shall] may be allowed by the court until it [be] is first proved that the notice required by this chapter has been given, and the order [or decree shall] must show that such proof was made to the satisfaction of the court . [and shall be] The order is conclusive evidence of the fact.
Sec. 365. NRS 150.200 is hereby amended to read as follows:
150.200 [At the time any] If an account comes before the court for allowance [, if] and there are no [exceptions] objections filed by any interested person , [interested in the estate,] and the account is made to appear to the court to be correct and according to law, the court [may] shall allow and confirm the account.
Sec. 366. NRS 150.210 is hereby amended to read as follows:
150.210 [The] An order settling and allowing [the] an account, when it becomes final, is conclusive against all interested persons [interested in the estate, saving, however, to persons] , but a person under legal disability [,] has the right to move for cause to reopen and examine the account, or to proceed by action against the [executor or administrator] personal representative or his sureties at any time before final distribution , [;] and in any such action [such] , the order is prima facie evidence of the correctness of the account.
Sec. 367. NRS 150.220 is hereby amended to read as follows:
150.220 The debts and charges of the estate must be paid in the following order:
1. Expenses of administration.
2. Funeral expenses.
[2.] 3. The expenses of the last [sickness.
3.] illness.
4. Family allowance.
[4.] 5. Debts having preference by laws of the United States.
κ1999 Statutes of Nevada, Page 2336 (CHAPTER 467, AB 400)κ
[5.] 6. Money owed to the department of human resources as a result of the payment of benefits for Medicaid.
[6.] 7. Wages to the extent of $600, of each employee of the decedent, for work done or personal services rendered within 3 months before the death of the employer. If there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.
[7.] 8. Judgments rendered against the deceased in his lifetime, and mortgages in order of their date. The preference given to a mortgage [must only extend] extends only to the proceeds of the property mortgaged. If the proceeds of [such] that property are insufficient to pay the mortgage, the part remaining unsatisfied must be classed with other demands against the estate.
[8.] 9. All other demands against the estate.
Sec. 368. NRS 150.230 is hereby amended to read as follows:
150.230 1. The [executor or administrator] personal representative shall, as soon as [he has sufficient funds in his hands,] sufficient money is available, upon receipt of a sworn statement of the amount due and without any formal action upon creditors claims, pay the funeral expenses, the expenses of the last [sickness,] illness, the allowance made to the family of the [deceased,] decedents, money owed to the department of human resources as a result of payment of benefits for Medicaid and wage claims to the extent of $600 of each employee of the decedent for work done or personal services rendered within 3 months before the death of the employer, but [he] may retain [in his hands] the necessary expenses of administration.
2. [He] The personal representative is not obliged to pay any other debt or any [legacy] devise until the payment is ordered by the court.
3. [He] The personal representative may, before court approval or order, pay any of the decedents debts amounting to $500 or less if:
(a) Claims for payment thereof [are] have been properly filed in the proceedings;
(b) The debts are [justly] legally due; and
(c) The estate is solvent.
In settling the account of the estate, the court shall allow any such payment if the conditions of paragraphs (a), (b) and (c) have been met. Otherwise, the [executor or administrator] personal representative is personally liable to any person sustaining loss or damage as a result of [such] the payment.
4. Funeral expenses and expenses of a last [sickness] illness are debts payable out of the estate of the [deceased spouse] decedent and must not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay [such] those expenses and whether or not the surviving spouse or any other person is also liable therefor.
Sec. 369. NRS 150.235 is hereby amended to read as follows:
150.235 [Where any] If a trust, life estate or estate for years is created by [or under] a will to continue after distribution, the income received by the [executor or administrator] personal representative from the securities or other property which [,] upon distribution [,] will comprise the trust estate, or in which [such] the life estate or estate for years is created, [shall,] during the administration of the estate and until the property is distributed to the trustee or other person entitled thereto, belong to the estate and may be applied to payment of the debts, expenses and charges of the estate unless the will otherwise directs.
κ1999 Statutes of Nevada, Page 2337 (CHAPTER 467, AB 400)κ
or other person entitled thereto, belong to the estate and may be applied to payment of the debts, expenses and charges of the estate unless the will otherwise directs.
Sec. 370. NRS 150.240 is hereby amended to read as follows:
150.240 1. Upon the settlement of any account of the [executor or administrator,] personal representative after the time to file [or present] claims has expired, the court shall order the payment of the debts as the circumstances of the estate permit. If there [are] is not sufficient [funds] money to pay all of the debts, the order [shall] must specify the sum to be paid to each creditor.
2. No creditor of any one class [shall] may receive any payment until all those of a preferred class are fully paid , [;] and if the estate is insufficient to pay all debts of any one class, each creditor of that class must be paid a dividend in proportion to [his] that creditors claim.
3. If the property of the estate is exhausted by the payment ordered, [such account shall constitute] the account constitutes a final account, and the [executor or administrator shall be] personal representative is entitled to his discharge [on producing and] upon filing the necessary [vouchers and] proof showing that he has complied with the order.
Sec. 371. NRS 150.250 is hereby amended to read as follows:
150.250 1. If there is [any] a claim not due, or any contingent or disputed claims against the estate, the amount thereof, or such part of the [same] amount as the holder would be entitled to if the claim were due, established or absolute, must be paid [into court,] to the clerk and there remain, to be paid over to the holder when [he] the holder becomes entitled thereto [;] or, if [he] the holder fails to establish [his] a claim, to be paid over or distributed as the circumstances of the estate require.
2. If a creditor whose claim has been allowed but is not yet due appears and assents to a deduction therefrom of the legal interest for the time the claim has yet to run, he is entitled to be paid accordingly.
3. The payments provided for in this section are not to be made [when] if the estate is insolvent unless a pro rata distribution is ordered.
Sec. 372. NRS 150.260 is hereby amended to read as follows:
150.260 1. [Whenever] If an order [shall be made] is entered by the court for the payment of creditors, the [executor or administrator shall be] personal representative is personally liable to each creditor for the amount of his claim, or the dividends thereon, and execution may be issued upon [such] the order as upon a judgment in any other action, in favor of each creditor, and the same proceedings may be had under the execution as if it had been issued upon a judgment.
2. The [executor or administrator shall also be] personal representative is also liable on his bond to each creditor.
Sec. 373. NRS 150.270 is hereby amended to read as follows:
150.270 [When] After the accounts of the [executor or administrator] personal representative have been settled and an order [made] entered for the payment of debts and distribution of the estate, no creditor whose claim was not included in the order for payment has any right to call upon the creditors who have been paid, nor upon the heirs [, devisees or legatees,] or devisees to contribute to the payment of [his claim;] the claim, but if the otice to creditors, as prescribed by law, [such] that creditor may recover on the bond of the [executor or administrator] personal representative the amount for which [his] the claim would properly have been allowed.
κ1999 Statutes of Nevada, Page 2338 (CHAPTER 467, AB 400)κ
[executor or administrator] personal representative has failed to give the notice to creditors, as prescribed by law, [such] that creditor may recover on the bond of the [executor or administrator] personal representative the amount for which [his] the claim would properly have been allowed.
Sec. 374. NRS 150.280 is hereby amended to read as follows:
150.280 1. [When the whole of] If all the debts and liabilities of an estate have been paid, and the estate is in a condition to be closed, the court shall [proceed to] direct the payment of [legacies] devises and the distribution of the estate among those entitled as provided in chapter 151 of NRS.
2. If the estate is not in a condition to be closed, the court shall [proceed to] direct the payment of [legacies] devises and the distribution of the estate among those entitled at such time as it thereafter may be in a condition to be closed.
Sec. 375. NRS 150.290 is hereby amended to read as follows:
150.290 NRS 150.290 to [150.390, inclusive, shall be known and] 150.380, inclusive, may be cited as the Federal Estate Tax Apportionment Law.
Sec. 376. NRS 150.300 is hereby amended to read as follows:
150.300 [Except where the context otherwise requires, as] As used in NRS 150.290 to [150.390, inclusive:
1. Estate tax means federal estate tax, including any interest and penalty thereon.
2.] 150.380, inclusive, unless the context otherwise requires:
1. Gross estate or estate means all property included for federal estate tax purposes in determining the federal estate tax pursuant to the federal estate tax law.
[3.] 2. Person interested in the estate means any person who receives or is the beneficiary of any property transferred pursuant to a transfer which is subject to a tax imposed by any federal estate tax law, now existing or hereafter enacted.
Sec. 377. NRS 150.310 is hereby amended to read as follows:
150.310 [Whenever] If it appears upon any accounting, or in any appropriate action or proceeding, that [an executor, administrator,] a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax [shall] must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this state, to whom [such] the property was, is or may be transferred or to whom any benefit accrues, except:
1. Where a testator otherwise directs in his will.
2. Where by written instrument executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in [such inter vivos] the instrument.
Sec. 378. NRS 150.330 is hereby amended to read as follows:
150.330 1. The proration [shall] must be made by the court having jurisdiction [in probate] of any property in the estate in the proportion [, as near as may be,] that the value of the property, interest or benefit of each such person bears to the total value of the property, interest and benefits received by all such persons interested in the estate.
κ1999 Statutes of Nevada, Page 2339 (CHAPTER 467, AB 400)κ
such person bears to the total value of the property, interest and benefits received by all such persons interested in the estate.
2. In making a proration, allowances [shall] must be made for any exemptions granted by the act imposing the tax and for any deductions allowed by [such] that act for the purpose of arriving at the value of the net estate.
3. Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the charitable purposes of the gift [shall inure] inures to the benefit of the person bearing [such] the relationship or receiving [such] the charitable gift; except that [when] , if an interest is subject to a prior present interest which is not allowable as a deduction, the estate tax apportionable against the present interest [shall] must be paid from principal.
4. [Any] A deduction for property previously taxed and [any] a credit for gift taxes or taxes of a foreign country paid by the decedent or his estate [shall inure] inures to the proportionate benefit of all persons liable to apportionment.
5. [Any] A credit for inheritance, succession or estate taxes or taxes in the nature thereof in respect to property or interests includable in the gross estate [shall inure] inures to the benefit of the persons or interests chargeable with the payment of [such] the taxes to the extent or in proportion that the tax paid or payable reduces the estate tax.
6. To the extent that property passing to or in trust for a surviving spouse does not constitute an allowable deduction solely by reason of an inheritance tax or other death tax imposed upon and deductible from such property, it [shall] must not be included in the computation provided for in subsection 1 , and to that extent , no apportionment [shall] may be made against [such] that property.
7. The values used for federal estate tax purposes [shall be] are the values used as the basis for apportionment.
8. [Whenever] If the court finds that it is inequitable to apportion interest and penalties in the same manner as the principal of the estate tax by reason of special circumstances , it may direct apportionment of interest and penalties in a manner different from principal.
Sec. 379. NRS 150.350 is hereby amended to read as follows:
150.350 1. [In all cases in which] If any property required to be included in the gross estate does not come into the possession of the [executor or administrator,] personal representative, he shall [be entitled, and it shall be his duty, to] recover from whoever is in possession, or from the persons interested in the estate, the proportionate amount of the tax payable by the persons interested in the estate with which [such] the persons interested in the estate are chargeable. The [probate] court may direct the payment of [such amount of tax by such persons to the executor or administrator.] that amount by those persons to the personal representative.
2. The provisions of subsection 1 [shall also be applicable] also apply to persons in possession of or interested in real or personal property located in or subject to administration in another state and required to be included in the gross estate of a resident of this state, unless [such] the other state refuses to enforce [such] the apportionment, in which case apportionment may be made in accordance with the law which would be applied by [such] the other state.
κ1999 Statutes of Nevada, Page 2340 (CHAPTER 467, AB 400)κ
enforce [such] the apportionment, in which case apportionment may be made in accordance with the law which would be applied by [such] the other state.
3. [Any] A person interested in the estate from whom apportionment [shall be] is required under subsections 1 and 2 [shall] must also be charged with the amount of reasonable expenses, including [executors, administrators] the personal representatives and attorneys fees, in connection with the determination of the tax and the apportionment thereof. [Such expenses shall] Those expenses must be determined and collected in like manner as the tax.
Sec. 380. NRS 150.360 is hereby amended to read as follows:
150.360 1. The [probate] court, upon making a determination as provided in NRS 150.290 to [150.390,] 150.380, inclusive, shall [make a decree or] enter an order directing the [executor, administrator] personal representative or other fiduciary to charge the determined amounts against the persons against whom the tax has been prorated insofar as [he] the personal representative or other fiduciary is in possession of property or interests of [such] those persons against whom the charge may be made, and summarily directing all other persons against whom the tax has been prorated or who are in possession of property or interests of [such] those persons to make payment of [such] the determined amounts to [such executor, administrator] the personal representative or other fiduciary.
2. [Such decrees or] The orders may be preliminary, intermediate or final.
3. If the [executor, administrator] personal representative or other fiduciary holds property of a person liable to apportionment which is insufficient to satisfy the determined amount, the court may direct that the balance [shall] be paid by the person liable.
4. If it appears that the [executor, administrator] personal representative or other fiduciary cannot recover the amount apportioned against any person, [any] the amount not recovered [shall] must be charged in such manner as the court may determine.
5. If an overpayment is made the court may direct appropriate reimbursement.
Sec. 381. NRS 150.370 is hereby amended to read as follows:
150.370 The court shall retain jurisdiction until the purposes of NRS 150.290 to [150.390,] 150.380, inclusive, have been accomplished.
Sec. 382. Chapter 151 of NRS is hereby amended by adding thereto the provisions set forth as sections 383 to 386, inclusive, of this act.
Sec. 383. 1. Except as otherwise provided in subsection 2 or in the will, a personal representative may distribute property and money:
(a) In divided or undivided interests; and
(b) With or without proration.
2. Each affected beneficiary must agree before any property or money is distributed without proration, unless the will authorizes a personal representative to distribute property and money without proration.
Sec. 384. The property of a testator, except as otherwise provided in this Title, must be resorted to for the payment of devises in the following order:
κ1999 Statutes of Nevada, Page 2341 (CHAPTER 467, AB 400)κ
1. The property which is expressly appropriated by the will for the specific devise.
2. Property not disposed of by the will.
3. Property which is devised to a residuary devisee.
Sec. 385. Unless a different intention is expressed in the will, abatement takes place in any class only as between devises of that class, and devises to a spouse or to kindred are chargeable only after devises to persons not related to the testator.
Sec. 386. If property given by will to persons other than the residuary devisees is sold for the payment of debts or expenses or family allowances, all the devisees shall contribute in proportion to their respective interests to the devisee whose devise has been sold, and the court, when distribution is made, shall settle the amount of the several liabilities and order the amount each person is liable to contribute to be withheld from that persons distributive share for the purpose of the contribution.
Sec. 387. NRS 151.005 is hereby amended to read as follows:
151.005 [1.] Subject to the rights of creditors and taxing authorities, [competent successors] distributees may agree among themselves to alter the interests, shares or amounts to which they are entitled under the terms of the will of the decedent, or under the laws of intestacy, in any way that they provide in a written [contract] agreement executed by all who are affected by its provisions. The personal representative shall abide by the terms of the [contract] agreement subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of [his] the office for the benefit of any [successors] distributees of the decedent who are not parties. Personal representatives of the estate of decedents are not required to [see to] oversee the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are [successors] distributees for the purposes of this section. This section does not relieve trustees of any duties owed to beneficiaries of trusts.
[2. As used in this section:
(a) Personal representative includes, without limitation, an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.
(b) Successors means persons, other than creditors, who are entitled to property of a decedent under the terms of his will or pursuant to this Title.]
Sec. 388. NRS 151.010 is hereby amended to read as follows:
151.010 1. At any time after the lapse of 3 months from the issuing of letters [testamentary or letters of administration, the executor or administrator,] , the personal representative or any heir [, devisee or legatee,] or devisee, or the assignee, grantee or successor in interest of any heir [, devisee or legatee,] or devisee, may petition the court to distribute a [legacy, devise or] share of the estate, or any portion thereof, to any person entitled thereto, upon [such] the person giving a bond, with approved security, for the payment of [such] the persons proportion of the debts of the estate.
κ1999 Statutes of Nevada, Page 2342 (CHAPTER 467, AB 400)κ
2. The court may dispense with a bond if it [be] is made to appear that the [same] bond is unnecessary.
Sec. 389. NRS 151.020 is hereby amended to read as follows:
151.020 [When the petitioner is not the executor or administrator, notice of the application shall be given to the executor or administrator personally, and to all persons interested in the estate, in the same manner that notice is required to be given by NRS 155.010, or as the court may direct.] The clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner provided in NRS 155.010.
Sec. 390. NRS 151.030 is hereby amended to read as follows:
151.030 The [executor or administrator, not petitioning, or any person interested in the estate, may appear and resist the application, or any other heir, devisee or legatee may make a similar application for himself or herself.] personal representative, if not the petitioner, or an interested person, may object to the petition, or an heir or devisee may submit a similar petition.
Sec. 391. NRS 151.040 is hereby amended to read as follows:
151.040 1. Subject to the provisions of [subsections 3 and 4, if, on the hearing,] subsection 3, if it appears at the hearing that the estate [is but little indebted] has little debt and that the share or shares of the party or parties petitioning may be allowed [,] without injury to the creditors of the estate, the court shall [make a decree] enter an order in conformity [to the prayer of the applicant or applicants.] with the request of the petitioner or petitioners.
2. The [decree] order may direct the [executor or administrator] personal representative to deliver to the petitioner or petitioners the whole portion of the estate to which [he, she or they may be] each is entitled, or a part [only thereof.
3. Each of the petitioners shall first execute and deliver to the executor or administrator a bond in such sum as shall be designated by the court or judge, and with sureties to be approved by the judge.] of the portion, if there is sufficient property remaining in the estate to satisfy the debts or if there is filed with the court an assumption of liability for a contingent or disputed debt as provided in subsection 3. The court may impose any other conditions it determines are just, including a requirement that a distributee give a security interest in all or part of the property distributed or give bond in an amount determined by the court. The bond [shall be made] must be payable to the [executor or administrator] personal representative and conditioned for the payment by the [heir, devisee or legatee,] distributee, whenever required, of his [or her] proportion of the debts of the estate.
[4. The court may dispense with a bond if it be made to appear that the same is unnecessary.]
3. As a condition of an order under subsection 2, if directed by the court, each heir or devisee shall file with the court a signed and acknowledged agreement assuming personal liability for the contingent or disputed debt and consenting to jurisdiction in this state for the enforcement of the debt if it becomes absolute or established. The personal liability of each heir or devisee does not exceed the fair market value on the date of distribution of the property distributed less the amount of any liens or encumbrances.
κ1999 Statutes of Nevada, Page 2343 (CHAPTER 467, AB 400)κ
the date of distribution of the property distributed less the amount of any liens or encumbrances. If there is more than one heir or devisee, their personal liability is joint and several.
Sec. 392. NRS 151.050 is hereby amended to read as follows:
151.050 1. [Whenever any] If a bond or other security has been executed and delivered as prescribed in NRS 151.040, and the [executor or administrator shall ascertain] personal representative ascertains that it is necessary for the settlement of the estate to require the payment of any part of the money thereby secured, he shall petition the court for an order requiring the payment and cause a citation to be issued and served upon the [party bound, requiring him or her,] parties bound, requiring them, at a time and place, not more than 10 days after the date of the citation, to be stated therein, to appear and show cause why the order [shall] should not be made.
2. [At the hearing, the] The court, if satisfied of the necessity for [such] the payment to be made, shall [make] enter an order [accordingly,] designating the amount and giving a time in which it shall be paid.
3. If the money [be] is not paid within the time allowed, an action may be maintained by the [executor or administrator] personal representative on the bond [.] or other security.
4. Similar proceedings may be [had against a distributee when] initiated against an heir or devisee if no bond or other security is given.
Sec. 393. NRS 151.060 is hereby amended to read as follows:
151.060 If, in the execution of the [decree, any partition be] order, partition is necessary between two or more of the parties, it [shall] must be made in the manner prescribed in chapter 152 of NRS.
Sec. 394. NRS 151.070 is hereby amended to read as follows:
151.070 The costs of proceedings for a partial distribution [shall] must be paid by the [applicant,] heir or devisee or, if there are more than one, [shall be apportioned equally] must be prorated among them.
Sec. 395. NRS 151.080 is hereby amended to read as follows:
151.080 1. [When an executor or administrator] If a personal representative files his final account [,] with a petition [praying for] requesting the allowance and confirmation thereof, he may also include in the petition a [prayer] request for the distribution of the estate. Upon the settlement and allowance of the final account, the court may also [decree] order a distribution of the residue of the estate, if any, among the persons who are by law entitled [.] thereto.
2. If a final account [be] is settled and allowed without [a decree] an order of distribution, the [executor or administrator, or any heir, devisee or legatee,] personal representative, or an heir or devisee, or an assignee or grantee of [any heir, devisee or legatee,] an heir or devisee, at any time thereafter, may petition the court for [a decree] an order distributing the estate.
Sec. 396. NRS 151.090 is hereby amended to read as follows:
151.090 1. When a petition for final distribution is filed, the clerk shall set the petition for hearing and the petitioner shall give notice [of the hearing of the petition to all persons individually entitled to notice as] for the period and in the manner provided in NRS 155.010.
κ1999 Statutes of Nevada, Page 2344 (CHAPTER 467, AB 400)κ
2. The court may order such further notice as it [may deem] deems proper.
Sec. 397. NRS 151.110 is hereby amended to read as follows:
151.110 1. [Where] After the accounts of [an executor or administrator] a personal representative have been settled and [a decree] an order for the distribution of the estate [made] entered by the court, the [executor or administrator] personal representative shall, without any unnecessary delay, distribute the estate remaining [in his hands] undistributed as directed by the [decree.] order.
2. In the [decree,] order, the court shall name the persons and the proportion or parts to which each [shall be] is entitled, and [such person shall have] that person has the right to demand and recover [his or her] a respective share from the [executor or administrator,] personal representative or any other person having [the same in] possession [.] of it.
3. The [executor or administrator] personal representative shall, within 10 days after the entry of [a decree] an order of distribution conveying any real property, record a certified copy of the order with the county recorder of the county in which the [decree] order was entered [a certified copy of the decree.] and of any other county in which the real property, or any portion of it, is located.
Sec. 398. NRS 151.120 is hereby amended to read as follows:
151.120 No gift or grant shall be deemed to have been made as an advancement unless:
1. So expressed in the gift or grant; [or]
2. Charged in writing by the [deceased] decedent as an advancement; or
3. Acknowledged in writing by the donee to be such.
Sec. 399. NRS 151.130 is hereby amended to read as follows:
151.130 1. Any property [, real or personal, that may have been] given by a decedent during the [deceased in his or her] lifetime of the decedent as an advancement to [any donee, shall] a donee must be considered as part of the estate [of the intestate,] for the sole purpose of computing the respective shares of the distributees and [shall] must be taken by [such] the donee toward his [or her] share of the estate of the [deceased.] decedent.
2. If the amount of the advancement [shall exceed] exceeds the share of the heir or devisee so advanced, the heir [shall be] or devisee is excluded from any further portion in the distribution and division of the estate, but he [or she shall not be] is not required to refund any part of the advancement. If the amount so received [shall be] is less than his [or her] share, he [or she shall be] is entitled to as much more as will give [the heir his or her] him his full share of the estate of the [deceased.] decedent.
Sec. 400. NRS 151.140 is hereby amended to read as follows:
151.140 If the value of the advancement [shall be] is expressed in the conveyance, or in the charge thereof made by the [deceased,] decedent, or in the acknowledgment of the [party] person receiving it, [it shall be considered of] that value must be used in the distribution and division of the estate . [; otherwise it shall] Otherwise, the value must be estimated according to its value when given, as nearly as [the same] can be ascertained.
κ1999 Statutes of Nevada, Page 2345 (CHAPTER 467, AB 400)κ
Sec. 401. NRS 151.150 is hereby amended to read as follows:
151.150 If [any child,] a child or other lineal descendant so advanced [, shall die] dies before the person making the advancement, leaving issue, the advancement [shall] must be taken into consideration in the distribution and division of the estate as if the advancement had been made directly to [such] the issue.
Sec. 402. NRS 151.160 is hereby amended to read as follows:
151.160 All questions as to advancements made, or alleged to have been made, by [the deceased to any] a decedent to heirs or devisees may be heard and determined by the court, and [shall] must be specified in the [decree] order distributing the estate, and in the warrant to the commissioners [,] provided for in NRS 152.050, and the final [decree] order of the court [shall be] is binding on all [parties interested in the estate, with right, however,] interested persons, subject to the right of any party to appeal from a final [decree of the court to the supreme court.] order.
Sec. 403. NRS 151.170 is hereby amended to read as follows:
151.170 [When] If property is assigned or distributed to a person who cannot be found or who refuses to accept the [same] property or to give a proper voucher therefor, or to a minor or [incompetent] incapacitated person who has no legal guardian to receive the [same,] property, or person authorized to receipt therefor, and the [same] property or any part thereof consists of money, the [executor or administrator] personal representative may deposit the money, in the name of the assignee or distributee, with the county treasurer of the county in which the proceedings are pending . [, who] The county treasurer shall give a receipt for the [same, and be] money and is liable upon [his] the official bond of the county treasurer therefor. The receipt [shall be deemed and] must be received by the court [, or judge thereof,] as a voucher in favor of the [executor or administrator] personal representative with the same force and effect as if executed by [such] the assignee or distributee.
Sec. 404. NRS 151.180 is hereby amended to read as follows:
151.180 If [the] an assignee or distributee is a nonresident minor or [insane or incompetent person,] incapacitated person who has a guardian of his estate legally appointed under the laws of [any] a foreign jurisdiction, the distribution of [such] the assignees or distributees share may be made to [such] the legally appointed guardian, whose receipt therefor, together with a certificate of [his] appointment issued under the seal of the court by the clerk of the court appointing [him,] the guardian, when filed with the clerk of the court in which [such] the assignment or distribution was ordered, [shall be deemed and] must be received by the court [, or a judge thereof,] as a complete receipt and voucher in favor of the [executor or administrator.] personal representative.
Sec. 405. NRS 151.190 is hereby amended to read as follows:
151.190 1. [When] If personal property remains in the [hands of the executor or administrator] possession of a personal representative unclaimed for 1 year, or [when] if the distributee refuses to accept or give a proper receipt for the property, or is a minor or [incompetent] incapacitated person and has no legally qualified guardian of his estate, and it appears to the court that it is for the benefit of those interested, or if the [executor or administrator] personal representative desires his discharge and it appears to the court that no injury will result to those interested, the court shall order the property to be sold.
κ1999 Statutes of Nevada, Page 2346 (CHAPTER 467, AB 400)κ
administrator] personal representative desires his discharge and it appears to the court that no injury will result to those interested, the court shall order the property to be sold.
2. The proceeds, after deducting such expenses of sale as may be allowed by the court, must be paid into the [county] state treasury. The depositor must take from the treasurer [duplicate receipts, one of which he must file in the office of the auditor, and the other] a receipt, which must be filed with the court.
Sec. 406. NRS 151.210 is hereby amended to read as follows:
151.210 [1. When] If any person appears and claims the money paid into the state treasury, the court making the distribution [must] shall inquire into [such] the claim, and, if satisfied of his right thereto, [must grant him a certificate] shall enter an order to that effect [, under its seal.
2. Upon presentation of the certificate, the auditor must draw his warrant on the treasurer for the amount.] to present to the state treasurer.
Sec. 407. NRS 151.220 is hereby amended to read as follows:
151.220 [Where] If a specific [legacy] devise of personal property is for life only, the life tenant must sign and deliver to the remainderman [,] or, if there [be] is none, to the personal representative, an inventory of the property, [expressing that the same] acknowledging that it is in [his] the life tenants custody for life only, and that, on [his decease,] death, it is to be delivered to the remainderman.
Sec. 408. NRS 151.230 is hereby amended to read as follows:
151.230 1. [When the] If an estate has been fully administered, and it is shown by the [executor or administrator,] personal representative, by the production of satisfactory [vouchers, that he has paid] receipts, that all sums of money due [from him, and delivered up, on the order of the court,] and all the property of the estate has been distributed to the persons entitled [, and has performed] to it and all acts lawfully required [of him,] have been performed, the court shall [make a decree discharging him and his] enter an order discharging sureties from all liability thereafter to be incurred.
2. The court may excuse the filing of a receipt on a proper showing that the personal representative is unable, after reasonable effort, to obtain a receipt and that the property has been delivered to or is in the possession of the distributee or creditor.
3. The provisions of this section do not bar a successful appellant from [a decree] an order for the distribution of an estate from the recovery of any property distributed to an [heir, devisee or legatee] heir or devisee pursuant to the [decree.] order.
Sec. 409. NRS 151.240 is hereby amended to read as follows:
151.240 1. Except as otherwise provided in subsection 2, the final settlement of an estate does not prevent:
(a) The reopening of the estate for the purpose of administering other property which has been discovered or for correcting errors made in the description of the property administered.
(b) The subsequent issuance of letters [testamentary or letters of administration] if it becomes necessary or proper for any cause [,] that letters should again be issued.
κ1999 Statutes of Nevada, Page 2347 (CHAPTER 467, AB 400)κ
2. In the absence of fraud, an estate must not be reopened based upon the discovery of:
(a) A will, if the estate was administered as if the decedent had died intestate; or
(b) A will dated later than the will that was probated.
Sec. 410. NRS 151.250 is hereby amended to read as follows:
151.250 [Any] An heir, devisee, [legatee,] creditor or other interested person [interested] may petition for the reopening of [the] an estate upon the grounds provided in NRS 151.240. The petition must set forth the names of all heirs, devisees [, legatees] and creditors and their addresses, if known. If the address is unknown to the petitioner, he shall state that fact in the petition. [Where an address is unknown, notice must be served as provided in the Nevada Rules of Civil Procedure.] The clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner required by NRS 155.010.
Sec. 411. NRS 151.260 is hereby amended to read as follows:
151.260 Upon hearing the petition, if good cause is shown, the court may:
1. Reopen the estate.
2. Order the administration of other property which has been discovered.
3. [Make] Enter any necessary orders to correct errors made in the description of the estate previously administered.
[No] In the absence of fraud, no proceedings may be taken by the court after the reopening of an estate except as necessary to administer other property which has been discovered or to correct errors made in the description of the estate previously administered. Any orders [or decrees] of the court made necessary by the reopening of the estate must be designated as supplemental orders . [or decrees.]
Sec. 412. NRS 152.010 is hereby amended to read as follows:
152.010 [When] If two or more heirs [, devisees or legatees] or devisees are entitled to the distribution of undivided interests in any [real or personal] property of the decedent, and they have not agreed among themselves, before distribution, to a partition, allotment or other division thereof, any one or more of them or the [executor or administrator,] personal representative, at the request of any one or more of them, may petition the court to make such partition, allotment or division of the property as will be equitable and will avoid the distribution of undivided interests.
Sec. 413. NRS 152.020 is hereby amended to read as follows:
152.020 Partition may be made as provided in this chapter, although some of the original heirs [, devisees or legatees] or devisees may have assigned or conveyed their share to other persons, and [such shares shall] those shares must be partitioned to the person holding [the same] them in the same manner as they would have been to the heirs [, devisees or legatees] or devisees had they not transferred their shares.
Sec. 414. NRS 152.030 is hereby amended to read as follows:
152.030 1. [To secure such partition, any] A person interested in the partition may file a petition stating the necessary facts, particularly describing the property to be partitioned and the person or persons interested in the property.
κ1999 Statutes of Nevada, Page 2348 (CHAPTER 467, AB 400)κ
2. Upon filing the petition, a citation [shall] must issue to all persons interested [who shall reside in this state, or their guardians, and to agents, attorneys or guardians, if there be any in this state, or such as reside out of this state,] to appear and show cause why [a decree] an order of partition should not be made as [prayed for.] requested.
3. The citation [shall specify:
(a) The] must specify the estate and the party petitioning for partition.
[(b) The time and place for hearing the petition, not more than 20 days from its date.]
4. The citation must be served [5] in the manner provided in NRS 155.050 at least 10 days before the hearing [, at the time specified in the citation, or at such further time] or for such other period as the court may [continue the hearing.] order.
5. Upon proof [, to the satisfaction of the court,] that the citation has been properly served , [as above required,] the court shall proceed to hear the petition and the allegation and proofs of the respective parties, and [decree] enter an order accordingly.
Sec. 415. NRS 152.040 is hereby amended to read as follows:
152.040 Before any partition [shall] may be made, as provided in this chapter, guardians [shall] must be appointed for all minor [and insane] , unborn or incapacitated persons interested in the estate to be divided, and an attorney [shall] may be appointed for all nonresident or absent heirs or other persons interested.
Sec. 416. NRS 152.050 is hereby amended to read as follows:
152.050 1. [When] If the property to be partitioned is entirely personal property, the court [or judge] shall appoint three competent, disinterested persons as commissioners for that purpose, who shall be sworn by any person authorized to administer oaths to faithfully and impartially discharge their duties.
2. A certified copy of the order appointing them, attached to a certified copy of the [decree] order fixing the shares to which the respective parties are entitled must be given to them as their warrant, and their oath must be endorsed thereon.
3. [When] If the property to be divided is real property, or partly real and partly personal, one of the three commissioners must be a [practical] licensed professional land surveyor.
4. Upon consent of the parties, and [when] if the court considers it proper and just, the court may appoint one commissioner only, who has the same authority and is governed by the same rules as if three were appointed.
Sec. 417. NRS 152.060 is hereby amended to read as follows:
152.060 If the real property to be partitioned [shall be] is in different counties, the court , [or judge,] if deemed proper, may appoint commissioners for each county, and, in [such] that case, the property in each county [shall] must be divided separately, as if there were no other estate to be partitioned , [;] but the commissioners first appointed shall, unless otherwise directed by the court, make division of the real property wherever situated in this state.
κ1999 Statutes of Nevada, Page 2349 (CHAPTER 467, AB 400)κ
Sec. 418. NRS 152.070 is hereby amended to read as follows:
152.070 The commissioners shall notify all persons interested in the partition, their guardians, agents or attorneys, of the time when they will proceed to make partition, [which time shall be as reasonable after their appointment as circumstances will admit,] or the court, in the order of appointment, may fix the time.
Sec. 419. NRS 152.090 is hereby amended to read as follows:
152.090 The several shares in the real and personal property [shall] must be set out to each individual in proportion to his [or her] right, and the real property by metes, bounds or such description that the [same] property can be easily distinguished. If two or more of the parties request to have their shares set out so as to be held in common and undivided, [such] those shares may be so partitioned.
Sec. 420. NRS 152.100 is hereby amended to read as follows:
152.100 [When] If any tract of land or tenement [shall be] is of greater value than [either] one partys share in the estate to be divided, and cannot be divided without injury to the [same,] property, it may be set off by the commissioners to any one of the parties [,] who will accept it and pay, or secure to be paid, to one or more of the others interested, such sum or sums as the commissioners [shall] award to make the partition equal, and the commissioners shall make their award accordingly [; but such partition shall] , but the partition may not be established by the court until the sums so awarded [shall be] are paid to the parties entitled to [the same,] them, or secured to their satisfaction.
Sec. 421. NRS 152.110 is hereby amended to read as follows:
152.110 1. [When] If it cannot otherwise be fairly divided, the whole or any part of the property [, real or personal,] may be recommended by the commissioners to be sold, and if the report [be] is confirmed, the court may order a sale by the [executor or administrator] personal representative or by a commissioner appointed for that purpose, and distribute the proceeds.
2. The sale [shall] must be conducted, reported upon and confirmed in the same manner and under the same rules as in ordinary cases of sales of [land by an executor or administrator under this Title.] real property or personal property, as the case may be, by a personal representative under chapter 148 of NRS.
Sec. 422. NRS 152.120 is hereby amended to read as follows:
152.120 1. When partition of real property among heirs [, devisees or legatees shall be] or devisees is required, and such real property [shall be] is in common and undivided with the real property of any other person, the commissioners shall first divide and sever the property of the [deceased] decedent from the property in which it lies in common, and such division, so made and established by the court, [shall be] is binding upon all the interested persons . [interested.]
2. The court may authorize the [executor or administrator] personal representative to bring [suit] an action for such partition when deemed necessary.
κ1999 Statutes of Nevada, Page 2350 (CHAPTER 467, AB 400)κ
Sec. 423. NRS 152.140 is hereby amended to read as follows:
152.140 1. The commissioners, within a reasonable time [after they have finished their work, shall make a report of their proceedings and of the partition made by them, and file the same with the clerk of the court.] shall file their report of partition.
2. Within 15 days after the report is filed any [person] interested person may file [exceptions] an objection to the report, particularly specifying the grounds of objection. A copy of the [exceptions shall] objection must be served upon the commissioners and all parties interested in the partition, their guardians, agents or attorneys , [in the county,] with a notice to [such] those persons that the [excepting] objecting party will, at a [certain time to be mentioned,] time certain, not later than 20 days after the filing of the [exceptions,] objection move the court to set aside the report, and for a new partition.
3. At the time specified, or at such other time as the court may [sit,] set, the court shall proceed to hear the objection to the report , [and exceptions,] and may hear proof by any party [,] and, for sufficient reasons, the court may set aside the report and recommit the partition to the same commissioners, or appoint others, or may modify or confirm the report.
4. If no [exceptions shall be] objection is filed to the report within the time [above specified, the court, on the expiration of the 15 days, or at any time thereafter, if] specified and the report appears to be just and correct and all the proceedings regular, the court shall [confirm] enter an order confirming the report . [, and when the report shall be finally confirmed the decree of confirmation and the report shall be recorded by the clerk, and the] The court shall order proper conveyance to be made by the respective parties to one another, or may [, if for any reason necessary,] appoint a commissioner to make [such] the conveyance or conveyances, which, when acknowledged and recorded, [shall effectually pass the] is sufficient to convey title.
Sec. 424. NRS 152.150 is hereby amended to read as follows:
152.150 [When any real] If particular property cannot be divided without prejudice or inconvenience to the owners, the court may assign the whole to one or more of the parties entitled to shares therein, who will accept and pay to the other parties interested their just proportion of the true value thereof, or secure the same to their satisfaction [,] or, in case of the minority or incapacity of [such] the other party or parties, to the satisfaction of the guardian of [such] the minor or [minors.] incapacitated person. The true value of the property [shall] must be ascertained and reported by the commissioners or appraisers appointed specially for that purpose.
Sec. 425. NRS 152.160 is hereby amended to read as follows:
152.160 The expenses of partition [shall] must be equitably apportioned by the court among the parties, but each party must pay his own attorneys fees [.] , unless otherwise ordered by the court for good cause.
Sec. 426. NRS 152.170 is hereby amended to read as follows:
152.170 The allotment made by the court [shall control] controls upon proceedings for distribution, unless modified for good cause upon reasonable notice, and the proceedings leading to [such] the allotment may be reviewed upon appeal from the [decree] order of distribution.
κ1999 Statutes of Nevada, Page 2351 (CHAPTER 467, AB 400)κ
Sec. 427. Chapter 153 of NRS is hereby amended by adding thereto the provisions set forth as sections 428 and 429 of this act.
Sec. 428. 1. A trustee or beneficiary may petition the court regarding any aspect of the affairs of the trust, including:
(a) Determining the existence of the trust;
(b) Determining the construction of the trust instrument;
(c) Determining the existence of an immunity, power, privilege, right or duty;
(d) Determining the validity of a provision of the trust;
(e) Ascertaining beneficiaries and determining to whom property is to pass or be delivered upon final or partial termination of the trust, to the extent not provided in the trust instrument;
(f) Settling the accounts and reviewing the acts of the trustee, including the exercise of discretionary powers;
(g) Instructing the trustee;
(h) Compelling the trustee to report information about the trust or account, to the beneficiary;
(i) Granting powers to the trustee;
(j) Fixing or allowing payment of the trustees compensation, or reviewing the reasonableness of his compensation;
(k) Appointing or removing a trustee;
(l) Accepting the resignation of a trustee;
(m) Compelling redress of a breach of the trust;
(n) Approving or directing the modification or termination of the trust;
(o) Approving or directing the combination or division of trusts; and
(p) Amending or conforming the trust instrument in the manner required to qualify the estate of a decedent for the charitable estate tax deduction under federal law, including the addition of mandatory requirements for a charitable-remainder trust.
2. A petition under this section must state the grounds of the petition and the name and address of each interested person, including the attorney general if the petition relates to a charitable trust, and the relief sought by the petition. Except as otherwise provided in this chapter, the clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. The court may order such further notice to be given as may be proper.
Sec. 429. The trustee may, upon petition of a beneficiary or the guardian of a beneficiary, be ordered to appear at a hearing and render an account. The trustee must be served with a citation in the manner provided in NRS 155.050. Unless otherwise ordered by the court, the citation must be served at least 30 days before the day of the hearing. The petition may not be denied unless an account has been filed with the court within 1 year before the petition is filed.
Sec. 430. NRS 153.010 is hereby amended to read as follows:
153.010 The provisions of [NRS 153.020, 153.030 and 153.040 shall] this chapter govern fiduciaries acting under trusts, wills and court orders in estate proceedings, whether the [same have] estate has been distributed [,] or proceedings are now pending . [, or may hereafter be filed.]
κ1999 Statutes of Nevada, Page 2352 (CHAPTER 467, AB 400)κ
Sec. 431. NRS 153.020 is hereby amended to read as follows:
153.020 [1. Where any] If a trust, life estate [,] or estate for years [has been] is created by or under any will to continue after distribution, the [district] court does not lose jurisdiction of the estate by final distribution , but [, except as provided in this subsection,] retains jurisdiction of it [to settle the accounts under the trusts, life tenancies, or estates for years and for] until the distribution of the residue to those entitled to it. The distribution may be upon petition of the trustee, his successor in interest, or of any person entitled to share in the distribution. [The court may transfer supervision of the trust to another court within or outside this state as provided in NRS 164.130.
2. Any trustee of any trust created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, petition for the settlement of his accounts as trustee before the district court in which the will was probated in the manner provided for the settlement of the accounts of executors and administrators.
3. The trustee shall, for that purpose, present to the court a verified petition setting forth the accounts in detail, with a report showing the condition of the trust estate and his verified statement giving names and post office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing and the trustee shall give notice of the hearing in the manner prescribed by NRS 155.010. The notice must set forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper.
4. The trustee of any trust created by a will or appointed to execute any trust created by a will shall, at the termination of the trust, petition for the settlement of his accounts as trustee in the manner provided in chapter 165 of NRS.]
Sec. 432. NRS 153.050 is hereby amended to read as follows:
153.050 1. [Wherever] If by law, or by the terms of [any] an instrument creating a life estate [,] or an estate for years, the tenant is required to account for [his] use of the property of [which he is tenant,] the estate, then the provisions of this chapter concerning accounting by a trustee [shall] apply to the life tenant and tenant for years, and, after [his] death, to [his executor and administrator.] the personal representative.
2. [Where] If no obligation to account during his tenancy is imposed upon the tenant, nevertheless such of the provisions of this chapter as apply to accounting by [the executors and administrators of a trustee shall] a trustee apply to the [executors and administrators] personal representatives of the tenant, to the extent of determining the residue of the estate.
Sec. 433. NRS 153.060 is hereby amended to read as follows:
153.060 [Whenever a] If a petition is filed for distribution of the residue of the trust estate, estate for life [,] or estate for years to those entitled thereto [shall be petitioned for,] , the clerk shall set the petition for hearing and the petitioner shall give notice of the hearing [of the petition shall be given for the time] for the period and in the manner provided in NRS [151.090 upon petitions for distribution.] 155.010.
κ1999 Statutes of Nevada, Page 2353 (CHAPTER 467, AB 400)κ
Sec. 434. NRS 153.080 is hereby amended to read as follows:
153.080 [A decree rendered] An order entered under the provisions of this chapter, when it becomes final, [shall be] is conclusive upon all interested persons , [in interest,] whether or not they are competent or in being.
Sec. 435. NRS 153.090 is hereby amended to read as follows:
153.090 1. [Any] A person named or designated as a trustee in a will may, at any time before distribution of any of the estate to him, decline to act as trustee, and an order of court [shall thereupon be made] must be entered accepting the resignation , [;] but the declination of any person who has qualified as trustee [shall] may not be accepted by the court unless [the same shall be in writing and filed in the matter of the estate in the court in which the administration is pending, and notice shall be given thereof, as is required upon a petition for letters of administration.] a petition to accept the declination is filed in the proceeding for administration of the estate. Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice to all interested persons for the period and in the manner provided in NRS 155.010.
2. In accepting a declination , the court may [make] enter and enforce any order which may be necessary for the preservation of the estate.
Sec. 436. NRS 153.100 is hereby amended to read as follows:
153.100 1. The court in which the administration is pending [shall have power,] may, at any time before final distribution [, to appoint some fit and proper] of the trust, appoint a qualified person to fill [any] a vacancy in the office of trustee under the will, whether resulting from death, declination, resignation, removal or otherwise, if the appointment is necessary to carry out the trust. A person who is named in the will to fill the vacancy has priority for appointment.
2. The appointment may be made by the court upon the [written application of any person interested in the trust, filed in the probate proceedings, and shall be made only after notice to all parties interested in the trust given as required upon a petition for the probate of a will.] petition of an interested person. Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice to all interested persons for the period and in the manner provided in NRS 155.010.
3. The court may appoint a temporary trustee without notice if necessary to preserve the trust estate.
Sec. 437. NRS 153.120 is hereby amended to read as follows:
153.120 The court may [, in its discretion, require the] require a person appointed [under NRS 153.100 or 153.110,] as trustee, before acting as a trustee, to give a bond as is required of a [person appointed administrator.] personal representative. If a bond is required , the trustee [shall] must be allowed the cost of the bond [.] out of the trust estate.
Sec. 438. Chapter 154 of NRS is hereby amended by adding thereto a new section to read as follows:
If a personal representative, on order of the court, pays over or delivers to the state treasurer property which has become escheatable to the state, the receipt or certificate of the state treasurer evidencing the payment or delivery must be filed with the clerk of the district court in the county in which the estate is being administered or is located.
κ1999 Statutes of Nevada, Page 2354 (CHAPTER 467, AB 400)κ
which the estate is being administered or is located. Upon the filing of the receipt or certificate, the personal representative is released from all further liability relating to the property.
Sec. 439. NRS 154.010 is hereby amended to read as follows:
154.010 [Estates shall escheat to and be] An estate escheats to and is vested in the State of Nevada for educational purposes if any person dies or has died, within this state, seised of any real or personal estate, and leaving no heirs, representatives [, devisees or legatees] or devisees capable of inheriting or holding the [same,] estate, and in all cases where there is no owner of [such] the estate capable of holding [the same.] it. Any balance remaining in a retired employees or beneficiarys individual account under the public employees retirement system is not an estate within the meaning of this chapter.
Sec. 440. NRS 154.020 is hereby amended to read as follows:
154.020 1. [Whenever] If the attorney general [shall be informed, or shall have] is informed, or has reason to believe, that any real or personal [estate] property has become escheatable to this state for the reasons specified in NRS 154.010, or that any such [estate] property has, for any other reason, become escheatable, [he] the attorney general shall file an information [in] on behalf of the state in the district court of the county where [such estate,] the property, or any part thereof, is [situated.] located.
2. The information [shall] must set forth:
(a) A description of the [estate.] property.
(b) The name of the person last lawfully seised.
(c) The name of the [terre-tenant and] persons holding, possessing or claiming the [estate,] property, if known.
(d) The facts and circumstances [in consequence of which the estate is claimed to have become escheated.] giving rise to the claim for escheatment.
3. The information [shall] must allege that [by reason thereof] the State of Nevada has by law right to [such estate.] the property.
Sec. 441. NRS 154.030 is hereby amended to read as follows:
154.030 1. Upon the filing of the information, the court shall order that a citation be issued to the person or persons [and bodies politic or corporate] alleged in the information to hold, possess or claim the [estate,] property, requiring them to appear and show cause why the [estate] property should not vest in the State of Nevada. [The citation shall] Unless the court otherwise orders, the citation must be made returnable [within the time allowed by law in other civil actions.] at least 20 days after its service.
2. The court may also, if deemed advisable, order the citation to be published in a newspaper published in the county [,] where the administration is pending, if any , [;] and, if none, then in some newspaper in this state.
Sec. 442. NRS 154.040 is hereby amended to read as follows:
154.040 1. After the filing of an information as provided in NRS 154.020, and upon [motion] petition of the attorney general, either before or after answer, upon notice to the person or persons holding, possessing or claiming the [estate,] property, if known, the [district] court may, on sufficient cause therefor being shown, appoint a receiver to take charge of the real estate or personal property, other than money, mentioned in the information, and receive the rents and profits of the [same] property until the title of the property [shall be] is finally settled.
κ1999 Statutes of Nevada, Page 2355 (CHAPTER 467, AB 400)κ
real estate or personal property, other than money, mentioned in the information, and receive the rents and profits of the [same] property until the title of the property [shall be] is finally settled.
2. The receiver shall, before entering upon his duties, execute a bond to the State of Nevada in a sum to be fixed by the court, with sureties to be approved by the [judge,] court, conditioned to perform faithfully the duties of the trust and to account fully to the person finally [adjudged] determined to be entitled to the property. [Such] That person may maintain an action on the bond for any default or damage.
Sec. 443. NRS 154.060 is hereby amended to read as follows:
154.060 1. All persons [and bodies politic or corporate,] named in the information [as terre-tenants or claimants to the estate,] may appear and plead to the proceedings, and may traverse or deny the facts stated in the information [(] and the title of the state to the estate [therein mentioned)] at any time on or before the return day of the citation.
2. Any other person claiming an interest in the [estate] property may appear and be made a defendant, and plead as stated in subsection 1 by [motion] petition for that purpose [made in open court] filed within the time allowed for pleading.
3. If any person [shall appear and plead] appears and pleads as stated in subsections 1 and 2, denying the title [set up] claimed by the state, or [traverse] traverses any material fact set forth in the information, or issue or issues of fact to be made up, the matter [shall] must proceed as other civil actions on issues of fact.
4. A survey may be ordered, as in other civil actions, [when] if the boundary is called into question.
Sec. 444. NRS 154.080 is hereby amended to read as follows:
154.080 1. Upon any judgment [rendered by any] entered by a court of competent jurisdiction, escheating real property to the state, on [motion] petition of the attorney general, or on [motion of any executor or administrator having charge] petition of a personal representative of the estate, the court shall, or the court may upon its own motion, [make] enter an order that the real property be sold by the sheriff of the county where the property is situated, at public sale, after giving notice of the time and place of sale as is provided in cases of sale of property under execution.
2. The sheriff shall, within 10 days after the sale, [make] submit a report thereof to the court. Upon the hearing of the report , the court may examine the report and any witnesses, and if the proceedings were unfair, or the sum bid is disproportionate to the value of the property sold, or if it appears that a sum exceeding the bid by at least [10] 5 percent may be obtained, the court may vacate the sale and direct another sale to be conducted in all respects as if no previous sale had taken place.
3. If an offer of [10] 5 percent more in amount than that named in the report is made to the court in writing by a responsible person, the court may accept that offer and confirm the sale, or order a new sale.
4. If it appears to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a sum in excess of [10 percent of] 5 percent more than the bid cannot be obtained, or [,] if an increased bid was accepted by the court, the court shall [make] enter an order confirming the sale and directing the sheriff, in the name of the state, to execute to the purchaser a conveyance of the property sold.
κ1999 Statutes of Nevada, Page 2356 (CHAPTER 467, AB 400)κ
court, the court shall [make] enter an order confirming the sale and directing the sheriff, in the name of the state, to execute to the purchaser a conveyance of the property sold. The conveyance vests in the purchaser all [of] the right and title of the state therein.
5. The sheriff shall, out of the proceeds of the sale, pay the costs of the proceedings incurred on behalf of the state, including the expenses of making the sale, and also an attorneys fee, if additional counsel was employed in the proceedings, to be fixed by the court . [, not exceeding 15 percent of the amount of the sale.] The sheriff shall deposit the remaining proceeds in the state treasury for credit to the fund for escheated estates.
Sec. 445. NRS 154.105 is hereby amended to read as follows:
154.105 1. The state treasurer may sell at a public sale [personal] property in [his] the custody of the state treasurer which has escheated to the state. The state treasurer shall cause public notice of the sale to be given. Any money received from the sale must be deposited in the state treasury for credit to the fund for escheated estates.
2. The [executor or administrator having charge] personal representative of an estate shall sell any [real or personal] property and transmit the proceeds of the sale to the state treasurer for credit to the fund for escheated estates unless the state treasurer authorizes transmittal of the property.
Sec. 446. NRS 154.120 is hereby amended to read as follows:
154.120 1. If, within 6 years after any judgment escheating property to the state, any person claims any money or [any real or personal] property vested in the state by the judgment, the person may file a petition in the district court of Carson City, stating the nature of the claim, with an appropriate [prayer] request for the relief demanded.
2. A copy of the petition must be served upon the attorney general before or at the time of filing. Within 20 days after service, the attorney general shall appear in the proceeding and plead or answer the petition. If, after examining all the facts, the attorney general is convinced that the state has no legal defense against the petition, [he] the attorney general may, with the consent of the court, confess judgment on behalf of the state.
3. If judgment is not confessed, the petition is at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order.
4. Upon the hearing, the court shall examine the claim and hear the allegations and evidence. If the court finds that the person is entitled to any money , it shall, by judgment, order the state controller to draw his warrant in favor of the claimant upon the state treasurer for the sum specified in the order, but without interest, income or cost of any kind to the state. A certified copy of the judgment and order directing the state controller to draw [his] a warrant for money is a sufficient voucher [for him] to do so.
5. If any [real or personal] property is the subject of the trial, and the court finds the claimant entitled to it, the court shall [decree] enter an order accordingly. The [decree] order divests the interests of the state in or to the property, but no interest, income or other cost of any kind may be taxed against the state.
κ1999 Statutes of Nevada, Page 2357 (CHAPTER 467, AB 400)κ
6. If any [real or personal] property has been sold as provided in this chapter after the judgment of [escheatal,] escheat, the petitioner is entitled to the proceeds of the sale less the cost of the sale without any interest, income or other cost to the state of any kind, in lieu of the [real or personal] property, and the court shall [decree] enter an order accordingly.
7. All persons, except [infants and persons of unsound mind,] minors and incapacitated persons who fail to appear and file their petitions within the time limited in subsection 1, are barred forever. [Infants and persons of unsound mind have the right to] Minors and incapacitated persons may appear and file their petitions at any time within 5 years after their respective disabilities are removed.
Sec. 447. NRS 154.150 is hereby amended to read as follows:
154.150 1. A person desiring to acquire title to any individual item or [parcel of land] real property which has escheated to the state must proceed by [application] petition to the director of the state department of conservation and natural resources on forms obtainable at his office and in the manner described in NRS 154.150 to 154.180, inclusive.
2. [When applying] A petition for unimproved real [estate] property outside of approved townsites [, no application will] may not be accepted for a parcel of land less than the smallest legal subdivision (40 acres) unless the area in its entirety is less than 40 acres. In such a case , that portion of the subdivision [shall] must be described and disposed of on one [application,] petition unless, in the discretion of the director of the state department of conservation and natural resources, it is found that the remaining portion could be disposed of within a reasonable length of time, and would not become an isolated tract. He [could] may then accept an application for a portion of the tract, [provided that a survey be] if a survey is made and a plat submitted on tracing cloth [(24² x 32²)] , 24 inches by 32 inches, on which [would be] is set forth an accurate [metes and bounds] description of the property [,] by metes and bounds, with at least one corner of the property tied to a point on the United States public land surveys.
Sec. 448. NRS 154.160 is hereby amended to read as follows:
154.160 The [application] petition must be accompanied by:
1. The purchase price in the amount of the [applicants] petitioners offer for the real [estate] property desired.
2. A sufficient sum to cover the cost of advertising.
3. [An application] A fee of $5.
Sec. 449. NRS 154.170 is hereby amended to read as follows:
154.170 1. The director of the state department of conservation and natural resources shall issue a receipt to the [applicant] petitioner for the amount deposited in his trust and shall without any unnecessary delay cause notice of the [application] petition to be given in the following manner:
(a) By posting one of the notices in a conspicuous place in the office of the director of the state department of conservation and natural resources.
(b) By posting one of the notices at a conspicuous place at the property.
(c) By publishing a notice in a newspaper in the county in which the [land applied for is situate] real property is located at least once each week for 4 consecutive weeks prior to the date of sale.
2. The notice [shall] must contain:
κ1999 Statutes of Nevada, Page 2358 (CHAPTER 467, AB 400)κ
(a) The name of the deceased owner in which was vested the title before death, if known.
(b) A description of the property as contained in the [application.] petition.
(c) The amount of the offer contained in the [application.] petition.
(d) A statement that the property will be sold to the highest bidder, specifying the time and place of the sale and that the transaction must be handled in legal tender of the United States or a certified check.
3. The director of the state department of conservation and natural resources [shall have the power to] may reject any or all bids.
Sec. 450. NRS 154.180 is hereby amended to read as follows:
154.180 The person to whom the title passes [shall bear] must pay the cost of advertising and the application fee. When the title passes to a person other than the person who made the [application,] petition, the original [applicant shall] petitioner must be reimbursed all moneys deposited by him.
Sec. 451. Chapter 155 of NRS is hereby amended by adding thereto the provisions set forth as sections 452 to 455, inclusive, of this act.
Sec. 452. If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time.
Sec. 453. In accordance with the provisions of NRS 33.010 and the Nevada Rules of Civil Procedure, and upon such terms and conditions as the court deems just and appropriate, the court may issue a temporary restraining order or an injunction to preserve and protect assets of the estate or trust.
Sec. 454. Unless otherwise ordered by the court, an appeal pursuant to NRS 155.190 does not stay any order or proceeding in the estate or trust. The court may grant a stay, pending the appeal, of an order from which the appeal was taken, upon such bond, undertaking or conditions as it deems just or appropriate.
Sec. 455. 1. If through inadvertence or mistake an order entered fails to state correctly the order made by the court, and the inadvertence or mistake is brought to the attention of the court by petition or the court acts on its own motion, the court may enter an order nunc pro tunc correcting the previous order.
2. The order nunc pro tunc must be in the form of an amended order and bear the caption Amended Order of ..... The body of the amended order must be identical to the order being corrected, except for the correction, and conclude with language substantially as follows: This is an order nunc pro tunc correcting the previous order of .... dated .....
3. If the order to be amended is many pages in length, the court may cause to be filed a document captioned Amendment to Order of .... which addresses only the correction, together with sufficient language to identify the correction, and concludes with the same language as an amended order. Such an amendment to an order must be accompanied by a verified petition, or an affidavit of counsel, specifying the reasons for the correction.
κ1999 Statutes of Nevada, Page 2359 (CHAPTER 467, AB 400)κ
4. The original order may not be physically changed, but must be used in conjunction with the order nunc pro tunc correcting it. In making corrections in the amendment document a complete clause or sentence must be stricken and replaced, even if the only change is to correct a single word or figure.
Sec. 456. NRS 155.010 is hereby amended to read as follows:
155.010 1. Except as otherwise provided in a specific statute relating to the kind of notice required or otherwise ordered by the court in a particular instance, a petitioner shall cause notice of the time and place of the hearing of a petition to be given to [a] each interested person and to every other person entitled to notice pursuant to this Title or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice must be given:
(a) By mailing a copy thereof at least 10 days before the time set for the hearing by certified, registered or ordinary first-class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known, or by personally delivering a copy thereof to the person being notified at least 10 days before the time set for the hearing; or
(b) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which must be at least 10 days before the date set for the hearing.
2. The court, for good cause shown, may provide for a different method or time of giving notice for any hearing [.] , or may dispense with the notice otherwise required to be given to a person under this Title.
3. Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.
4. A person entitled to notice may, in writing, waive notice of the hearing of a petition.
Sec. 457. NRS 155.020 is hereby amended to read as follows:
155.020 1. Notice of a petition for the probate of a will and the issuance of letters [testamentary or for letters of administration] and the notice to creditors must be given to:
(a) The persons respectively entitled thereto, including the state welfare administrator, as provided in NRS 155.010; and
(b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week , there must be at least 10 days from the first to last dates of publication, including both the first and last days.
2. Every publication required by this section must be made in a newspaper [printed] published in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.
3. The notice of the hearing upon the petition to administer the estate must be in substantially the following form: NOTICE OF THE HEARING UPON THE PETITION TO
κ1999 Statutes of Nevada, Page 2360 (CHAPTER 467, AB 400)κ
NOTICE OF THE HEARING UPON THE PETITION TO
ADMINISTER THE ESTATE
Notice is hereby given that ................................ has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ................................, deceased, and a hearing has been set for the .......... day of ................, 19......, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate are notified to appear and show cause why the petition should not be granted.
Dated
4. As soon as practicable after
appointment, [every executor or administrator] a personal representative shall,
in addition to publishing the notice to creditors, mail a copy of the notice to
those creditors whose names and addresses are readily ascertainable as of the date of first publication of
the notice and who have not already filed a claim. The notice
must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as [executor or administrator (as the case may be)] personal representative of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.
Dated
5. If before the last day for the filing of a creditors claim under NRS 147.040, the personal representative discovers the existence of a creditor who was not readily ascertainable at the time of first publication of the notice to creditors, the personal representative shall immediately mail a copy of the notice to the creditor.
Sec. 458. NRS 155.030 is hereby amended to read as follows:
155.030 1. At any time after the issuance of letters [testamentary or letters of administration upon] in the estate of [any decedent, any person interested in the estate or the property thereof, or the attorney for that person,] a decedent, an interested person or his attorney may serve upon the [executor or administrator or upon the attorney for the executor or administrator,] personal representative or his attorney, and file with the clerk of the court wherein administration of the estate is pending, a written request stating that he desires special notice and a copy of any [of the following matters,] further filings, steps or proceedings in the administration of the estate . [:
(a) Filing of returns of sales, leases or mortgages of any property of the estate, and for confirmation thereof.
(b) Filing of accounts.
(c) Filing of petitions for any purpose.
(d) Filing of reports explaining why estates have not been closed.]
κ1999 Statutes of Nevada, Page 2361 (CHAPTER 467, AB 400)κ
2. The request must state the post office address of the [person] requester or his attorney, and thereafter a brief notice of the filing of any [such] returns, petitions, accounts , [or] reports , or other proceedings, together with a copy of the filing, must be addressed to that person or his attorney, at his stated [post office] mailing address, and deposited with the United States Postal Service with the postage thereon prepaid, within 2 days after [the filing of the return, petition or account;] each is filed, or personal service of [such notices] the notice may be made on the person or his attorney within the 2 days, and the personal service is equivalent to deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of the [petition, return or account.] proceeding.
3. If, upon the hearing, it appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order [or judgment and the judgment] and the order is final and conclusive upon all persons.
4. An interested person in a testamentary trust or its property, or the attorney for that person, may serve upon the trustee or his attorney, and file with the clerk of the court wherein administration of the trust is pending, a written request stating that he desires notice of the filing of accounts and petitions in connection with the trust. The provisions of subsections 2 and 3 apply to such a request.
5. On the filing of an inventory or a supplementary inventory, the personal representative shall mail a copy to each person who has requested special notice.
Sec. 459. NRS 155.040 is hereby amended to read as follows:
155.040 [Whenever] If personal notice is required by this Title to be given to any person in the matter of an estate [,] or testamentary trust, and no other mode of giving notice is prescribed, it [shall] must be given by citation [, which shall be] issued by the clerk [, under the seal of the court,] and directed to the person to be served, and [commanding] must command the person to appear before the court [or judge, as the case may be,] at a time and place to be named in the citation. The nature or character of the proceedings [shall] must be briefly stated in the [body thereof.] citation, and a copy of the petition, if any, must be attached.
Sec. 460. NRS 155.060 is hereby amended to read as follows:
155.060 [When] If no other time is specially prescribed, a citation [shall] must be served at least [2] 10 days before the [return day.] day of the hearing, but the court may, for good cause shown, shorten the time to no less than 1 full judicial day before the day of the hearing.
Sec. 461. NRS 155.070 is hereby amended to read as follows:
155.070 [When] If publication is required, [such publication shall] the publication must be made daily, or otherwise, as often during the prescribed period as the newspaper is regularly issued, unless otherwise provided in this Title. The court , [or judge,] however, may prescribe [a less number of] less publications during the period for publication, and the court [or judge] may, for good cause shown, extend or shorten any of the times prescribed in this Title.
κ1999 Statutes of Nevada, Page 2362 (CHAPTER 467, AB 400)κ
Sec. 462. NRS 155.080 is hereby amended to read as follows:
155.080 All proofs of publication or other mode or modes of giving notice or serving papers may be made by the certificate or affidavit of any person competent to be a witness . [, which] The certificate or affidavit must be filed, and constitutes prima facie evidence of publication or service . [, as the case may be.] Proof of service may also be made [by any means] in any manner permitted by the Nevada Rules of Civil Procedure.
Sec. 463. NRS 155.090 is hereby amended to read as follows:
155.090 All notices required to be given by this Title may be given by the clerk of the court without an order from the [judge for the same;] court, and, when so given, for the time and in the manner required by law, they [shall be] are as legal and valid as though made upon an order from [such judge.] the court. If use of a citation is authorized or required by statute, the citation may be issued by the clerk of the court on the request of a party or his attorney, without a court order, unless an order is expressly required by the statute.
Sec. 464. NRS 155.110 is hereby amended to read as follows:
155.110 1. A transcript from the minutes of court, or a copy of the signed order of the court, showing the appointment of any person as [executor or administrator,] personal representative, together with the certificate of the clerk [, under his hand and the seal of the court that such] that the person has given bond , if required, and has been qualified, and that letters [testamentary or letters of administration] have been issued to him, and have not been revoked, [shall have] has the same effect in evidence as the letters themselves.
2. A copy of the letters, with like certificate, [shall have] has the same effect.
Sec. 465. NRS 155.120 is hereby amended to read as follows:
155.120 [When a decree is rendered,] If an order is entered setting apart a homestead, a certified copy of the [decree] order shall be recorded in the office of the county recorder of the county where the property is located.
Sec. 466. NRS 155.140 is hereby amended to read as follows:
155.140 [When, upon any proceeding in an estate,]
1. In a proceeding involving the estate of a decedent or a testamentary trust:
(a) Interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interest or in another appropriate manner.
(b) An order binding the sole holder or all co-holders of a power of revocation or presently exercisable general power of appointment, including a power of amendment, binds other persons to the extent their interests, as objects, takers in default or otherwise, are subject to the power.
(c) To the extent there is no conflict of interest between them or among persons represented:
(1) An order binding a guardian of the estate binds the person whose estate he controls.
(2) An order binding a guardian of the person binds the ward if no separate guardian of his estate has been appointed.
κ1999 Statutes of Nevada, Page 2363 (CHAPTER 467, AB 400)κ
(3) An order binding a trustee binds beneficiaries of the trust in a proceeding to probate a will establishing or adding to the trust, to review the acts or accounts of a previous fiduciary, or involving creditors or other third parties.
(4) An order binding a personal representative binds persons interested in the undistributed assets of the estate of a decedent in an action or proceeding by or against the estate.
(d) If there is no conflict of interest and no guardian of the estate has been appointed, a parent may represent his minor child.
(e) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another person having a substantially identical interest in the proceeding.
(f) Notice as prescribed by this Title must be given to every interested person or to one who can bind an interested person under subsection (b), (c) or (d). Notice may be given both to a person and to another who can bind him.
(g) Notice is given to unborn or unascertained persons who are not represented under subsection (b), (c) or (d) by giving notice to all known persons whose interest in the proceeding is substantially identical to that of the unborn or unascertained persons.
(h) At any stage of a proceeding, the court may appoint a guardian ad litem or an attorney to represent the interest of a minor, an incapacitated, unborn or unascertained person, or a persona whose identity or address is unknown, if the court determines that representation of the interest would otherwise be inadequate. If not precluded by conflict of interest, a guardian ad litem or an attorney may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem or an attorney as a part of the record of the proceeding.
2. If an attorney has been appointed for minors or [others interested in the estate, such] other interested persons, the attorney, until another may be appointed, shall represent the person or persons for whom he has been appointed in all subsequent proceedings.
Sec. 467. NRS 155.150 is hereby amended to read as follows:
155.150 1. All issues of fact in matters of an estate [shall] must be disposed of in the same manner as is by law provided upon the trial of issues of fact in a common law action [.] , but all matters must be tried by the court except as otherwise provided in NRS 137.020.
2. All questions of cost may be determined by the court, and execution may issue therefor in accordance with the order of the court.
Sec. 468. NRS 155.160 is hereby amended to read as follows:
155.160 1. An interested person may appear and make a response or objection in writing at or before the hearing.
2. An interested person may appear and make a response or objection orally at the hearing. The court may hear and determine the response or objection at the hearing or grant a continuance to allow the response or objection to be made in writing.
κ1999 Statutes of Nevada, Page 2364 (CHAPTER 467, AB 400)κ
3. If the court is not in session at the time set for the hearing of any matter concerning the settlement of the [estates of deceased persons,] estate of a decedent, anyone opposing the [application] petition therein made may file objections thereto with the clerk.
Sec. 469. NRS 155.170 is hereby amended to read as follows:
155.170 The testimony of a witness or witnesses in other counties of this state, or in other [states or territories,] jurisdictions of the United States, or in foreign countries, may be taken by deposition as provided in the Nevada Rules of Civil Procedure. [When a commission issues ex parte, no cross-interrogatories shall be necessary.]
Sec. 470. NRS 155.180 is hereby amended to read as follows:
155.180 [When not] Except as otherwise specially provided in this Title, all the provisions of law and the Nevada Rules of Civil Procedure regulating proceedings in civil cases apply in matters of [estate,] probate, when appropriate, or [the same] may be applied as auxiliary to the provisions of this Title. The Nevada Rules of Appellate Procedure regulating appeals in civil cases apply to appeals taken pursuant to NRS 155.190.
Sec. 471. NRS 155.190 is hereby amended to read as follows:
155.190 In addition to any order [or decree] from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after its entry [,] from an order : [or decree:]
1. Granting or revoking letters testamentary or letters of administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed $50,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt from execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming the sale of property.
7. Settling an account of [an executor, administrator] a personal representative or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing [an executor or administrator.] a personal representative.
10. Directing or allowing the payment of a debt, claim, [legacy] devise or attorneys fee.
11. Determining heirship or the persons to whom distribution must be made or trust property must pass.
12. Distributing property.
13. Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, [$1,000.] $5,000.
14. Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.
15. Granting an order for conveyance or transfer pursuant to section 332 of this act.
κ1999 Statutes of Nevada, Page 2365 (CHAPTER 467, AB 400)κ
Sec. 472. NRS 155.200 is hereby amended to read as follows:
155.200 An appeal by [an executor or administrator] a personal representative who has given an official bond as provided in this Title [shall be] is complete and effectual without an undertaking on appeal.
Sec. 473. NRS 155.210 is hereby amended to read as follows:
155.210 1. Upon an appeal, the [appellate] supreme court may [, in its discretion,] reverse, affirm or modify the [judgment, order or decree] order appealed from, and as to any or all of the parties, and order a remittitur as in other cases, and may order costs to be paid by any party to the proceeding, or out of the estate, as justice may require.
2. Execution for costs may issue out of the district court.
Sec. 474. NRS 155.220 is hereby amended to read as follows:
155.220 [When] If an order [or decree appointing an executor or administrator shall be] appointing a personal representative is reversed on appeal, all lawful acts in administration [upon] of the estate performed by [such executor or administrator, if he shall have qualified, shall be] him are as valid as if [such order or decree] the order had been affirmed.
Sec. 475. NRS 159.179 is hereby amended to read as follows:
159.179 1. [Each] An account made and filed by a guardian of the estate or special guardian who is authorized to manage the wards property [shall] must include the following information:
(a) The period [of time] covered by the account.
(b) All cash receipts and disbursements during the period covered by the account.
(c) All claims filed and the action taken thereon.
(d) Any changes in the wards property due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the wards property holdings as reported in the original inventory or the preceding account.
(e) Such other information as the guardian considers necessary to show the condition of the affairs of the ward.
2. If the account is for the estates of two or more wards it must show the interest of each ward in the receipts, disbursements and property.
3. Receipts or vouchers for all expenditures must be [filed with the account or produced at the hearing, unless excused by law or by the court. The court may dispense with the necessity of filing receipts or vouchers under the same circumstances] retained for examination under the procedures provided [for] in NRS 150.150.
Sec. 476. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 477 to 483, inclusive, of this act.
Sec. 477. Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for the benefit of others, individually or as trustee, may not use the power to discharge his legal obligations.
Sec. 478. 1. If a trustee commits or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may maintain a proceeding for any of the following purposes that is appropriate:
(a) To compel the trustee to perform his duties.
(b) To enjoin the trustee from committing the breach of trust.
κ1999 Statutes of Nevada, Page 2366 (CHAPTER 467, AB 400)κ
(c) To compel the trustee to redress the breach of trust by payment of money or otherwise.
(d) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.
(e) To remove the trustee.
(f) To set aside acts of the trustee.
(g) To reduce or deny compensation of the trustee.
(h) To impose an equitable lien or a constructive trust on trust property.
(i) To trace trust property that has been wrongfully disposed of and recover the property or its proceeds.
2. The provision of remedies in subsection 1 does not preclude resort to any other appropriate remedy provided by statute or common law.
3. A proceeding under this section must be commenced by filing a petition under NRS 164.010 and section 512 of this act.
Sec. 479. A trustee has the powers provided in the trust instrument, expressed by law or granted by the court upon petition, as necessary or appropriate to accomplish a purpose of the trust, but the court may not grant a power expressly prohibited by the trust instrument.
Sec. 480. A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to a trustee.
Sec. 481. Upon such terms and conditions as are just and proper, the court may order termination and distribution of a trust before the time provided in the trust instrument, if administration or continued administration of the trust is no longer feasible or economical. A petition for such an order may be filed by an interested person under NRS 164.010 and section 512 of this act.
Sec. 482. 1. Except as otherwise provided in subsection 2 or in the trust, a trustee may distribute property and money:
(a) In divided or undivided interests; and
(b) With or without proration.
2. Each affected beneficiary must consent before property or money is distributed without proration, unless the trust specifically authorizes the trustee to make that distribution.
Sec. 483. 1. A trust may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the trust to which it relates.
(d) A reasonably certain description of the items to be disposed of and the beneficiaries.
(e) The signature of the settlor.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the death of the settlor.
(b) Prepared before or after the execution of the trust instrument.
(c) Altered by the settlor after its preparation.
κ1999 Statutes of Nevada, Page 2367 (CHAPTER 467, AB 400)κ
(d) A writing which has no significance apart from its affect upon the dispositions made by the trust.
Sec. 484. NRS 163.003 is hereby amended to read as follows:
163.003 A trust is created only if:
1. The settlor properly manifests an intention to create a trust; and
2. There is trust property [.] , except as otherwise provided in NRS 163.230.
Sec. 485. NRS 163.010 is hereby amended to read as follows:
163.010 NRS 163.010 to [163.210,] 163.200, inclusive, may be cited as the Uniform Trusts Act.
Sec. 486. NRS 163.020 is hereby amended to read as follows:
163.020 As used in NRS 163.010 to [163.210,] 163.200, inclusive, unless the context or subject matter otherwise requires:
1. Affiliate means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.
2. Relative means a spouse, ancestor, descendant, brother or sister.
3. Trust means an express trust only.
4. Trustee means the person holding property in trust and includes trustees, a corporate as well as a natural person and a successor or substitute trustee.
Sec. 487. NRS 163.050 is hereby amended to read as follows:
163.050 No trustee [shall] may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate , [;] or from or to a director, officer [,] or employee of [such] the trustee or of an affiliate , [;] or from or to a relative, employer, partner [,] or other business associate of a trustee, except with the prior approval of the [district] court having jurisdiction of the trust estate . [and of the accounting thereof.]
Sec. 488. NRS 163.060 is hereby amended to read as follows:
163.060 1. Except as otherwise provided in subsection 2 [,] or authorized by the trust instrument, a trustee shall not as trustee of one trust sell property to itself as trustee of another trust except with the approval of the [district] court having jurisdiction of the trust estate . [and of the accounting thereof.]
2. A bank or other corporate trustee which is subject to regulation by state or federal authorities may sell a security which is listed on a regulated stock exchange or sold over the counter by the National Association of Securities Dealers and is held by it as fiduciary in one account to itself as fiduciary in another account if the transaction is fair to the beneficiaries of both accounts and is not otherwise expressly prohibited by a particular statute.
Sec. 489. NRS 163.070 is hereby amended to read as follows:
163.070 [No] Except as otherwise authorized by the trust instrument or order of the court, a corporate trustee shall not purchase for a trust shares of its own stock, or its bonds or other securities, or the stock, bonds or other securities of an affiliate.
κ1999 Statutes of Nevada, Page 2368 (CHAPTER 467, AB 400)κ
Sec. 490. NRS 163.100 is hereby amended to read as follows:
163.100 Unless it is otherwise provided by the trust instrument [, or an amendment thereof,] or by court order, all powers of a trustee [shall be] are attached to the office and [shall not be] are not personal.
Sec. 491. NRS 163.110 is hereby amended to read as follows:
163.110 1. Unless it is otherwise provided by the trust instrument [, or an amendment thereof,] or by court order, any power vested in three or more trustees may be exercised by a majority of [such trustees; but no] the trustees. A trustee who has not joined in exercising a power [shall be] is not liable to the beneficiaries or to others for the consequences of [such exercise, nor shall] the exercise of power and a dissenting trustee [be] is not liable for the consequences of an act in which [he joins] that trustee joined at the direction of the majority trustees, if he expressed his dissent in writing to any of his cotrustees at or before the time of [such] the joinder.
2. [Nothing in this section shall] This section does not excuse a cotrustee from liability for inactivity in the administration of the trust nor for failure to attempt to prevent a breach of trust.
3. Except as otherwise authorized in the trust instrument or by order of the court, a power vested in two trustees may only be exercised by unanimous action.
4. If the trustees cannot exercise a power vested in them in a manner permitted by this section, an interested person may petition the court for appropriate instructions pursuant to NRS 164.010 and section 512 of this act.
Sec. 492. NRS 163.120 is hereby amended to read as follows:
163.120 1. [Whenever a trustee shall make a contract which is within his powers as trustee, or a predecessor trustee shall have made such a contract, and a cause of action shall arise thereon, the party in whose favor the cause of action has accrued may sue the trustee in his representative capacity, and any judgment rendered in such action in favor of the plaintiff shall be collectible out of the trust property. In such an action the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiffs claim.
2. No judgment shall be rendered] A claim based on a contract entered into by a trustee in the capacity of representative, or on an obligation arising from ownership or control of trust property, may be asserted against the trust by proceeding against the trustee in the capacity of representative, whether or not the trustee is personally liable on the claim.
2. A judgment may not be entered in favor of the plaintiff in [such] the action unless [he] the plaintiff proves that within 30 days after [the beginning of such] filing the action, or within 30 days after the filing of a report of an early case conference if one is required, whichever is longer, or within such other time as the court may fix, and more than 30 days [prior to] before obtaining the judgment, [he] the plaintiff notified each of the beneficiaries known to the trustee who then had a present interest, or in the case of a charitable trust , the attorney general and any corporation which is a beneficiary or agency in the performance of [such] the charitable trust, of the existence and nature of the action. [Such notice shall] The notice must be given by mailing copies [thereof in postpaid envelopes addressed to the parties to be notified] to the beneficiaries at their last known addresses.
κ1999 Statutes of Nevada, Page 2369 (CHAPTER 467, AB 400)κ
parties to be notified] to the beneficiaries at their last known addresses. The trustee shall furnish the plaintiff a list of the [parties] beneficiaries to be notified, and their addresses, within 10 days after written demand therefor, and notification of the persons on [such list shall constitute] the list constitutes compliance with the duty placed on the plaintiff by this section. Any beneficiary, or in the case of charitable trusts the attorney general and any corporation which is a beneficiary or agency in the performance of [such] the charitable trust, may intervene in [such] the action and contest the right of the plaintiff to recover.
3. [The plaintiff may also hold the trustee who made the contract personally liable on such contract, if the contract does not exclude such personal liability.] Except as otherwise provided in this chapter or in the contract, a trustee is not personally liable on a contract properly entered into in the capacity of representative in the course of administration of the trust unless the trustee fails to reveal the representative capacity or identify the trust in the contract. The addition of the word trustee or the words as trustee after the signature of a trustee to a contract [shall be deemed] are prima facie evidence of an intent to exclude the trustee from personal liability.
Sec. 493. NRS 163.140 is hereby amended to read as follows:
163.140 1. [Where] If a trustee or his predecessor has [incurred personal liability for a tort] committed a tort in the course of his administration [,] of the trust, the trustee in [his representative] the capacity of representative may be sued and collection had from the trust property, if the court [shall determine in such] determines in the action that:
(a) The tort was a common incident of the kind of business activity in which the trustee or his predecessor was properly engaged for the trust; [or]
(b) That, although the tort was not a common incident of such activity, neither the trustee nor his predecessor, nor any officer or employee of the trustee or his predecessor, was guilty of personal fault in incurring the liability; or
(c) That, although the tort did not fall within [paragraphs (a) and (b) above,] paragraph (a) or (b), it increased the value of the trust property.
If the tort is within [paragraphs (a) or (b) above,] paragraph (a) or (b), collection may be had of the full amount of damage proved , [;] and if the tort is within paragraph (c) above, collection may be had only to the extent of the increase in the value of the trust property.
2. In an action against the trustee in [his representative] the capacity of representative under this section , the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if [he] trustee had paid the plaintiffs claim.
3. [No judgment shall be rendered] A judgment may not be entered in favor of the plaintiff in [such] the action unless he proves that , within 30 days after [the beginning of] filing the action, or within 30 days after the filing of a report of an early case conference if one is required, whichever is longer, or within such other period as the court may fix, and more than 30 days [prior to] before obtaining the judgment, he notified each of the beneficiaries known to the trustee who then had a present interest of the existence and nature of the action. [Such notice shall] The notice must be given by mailing copies [thereof in postpaid envelopes addressed to such] to the beneficiaries at their last known addresses.
κ1999 Statutes of Nevada, Page 2370 (CHAPTER 467, AB 400)κ
given by mailing copies [thereof in postpaid envelopes addressed to such] to the beneficiaries at their last known addresses. The [trustees] trustee shall furnish the plaintiff a list of [such] the beneficiaries and their addresses, within 10 days after written demand therefor, and notification of the persons on [such list shall constitute] the list constitutes compliance with the duty placed on the plaintiff by this section. Any beneficiary may intervene in [such] the action and contest the right of the plaintiff to recover.
4. [The] Subject to the rights of exoneration or reimbursement provided in NRS 163.130, the trustee may also be held personally liable for any tort committed by him, or by his agents or employees in the course of their employments [, subject to the rights of exoneration or reimbursement provided in NRS 163.130.
5. Nothing in this section shall be construed to] only if the trustee, agent or employee is personally at fault.
5. This section does not change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.
Sec. 494. NRS 163.160 is hereby amended to read as follows:
163.160 1. The settlor of [any] a trust affected by NRS 163.010 to [163.210,] 163.200, inclusive, may, by provision in the instrument creating the trust if the trust was created by a writing, or by oral statement to the trustee at the time of the creation of the trust if the trust was created orally, or by an amendment of the trust if the settlor reserved the power to amend the trust, relieve his trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed upon him by NRS 163.010 to [163.210, inclusive;] 163.200, inclusive, or alter or deny to his trustee any or all of the privileges and powers conferred upon the trustee by NRS 163.010 to [163.210, inclusive;] 163.200, inclusive, or add duties, restrictions, liabilities, privileges, or powers, to those imposed or granted by NRS 163.010 to [163.210, inclusive;] 163.200, inclusive, but no act of the settlor [shall relieve] relieves a trustee from the duties, restrictions, and liabilities imposed upon him by NRS 163.030, 163.040 and 163.050.
2. Except as otherwise provided in subsections 1 and 3, a trustee may be relieved of liability for breach of trust by provisions of the trust instrument.
3. A provision of the trust instrument is not effective to relieve a trustee of liability:
(a) For breach of trust committed intentionally, with gross negligence, in bad faith, or with reckless indifference to the interest of a beneficiary; or
(b) For any profit that he derives from a breach of trust.
Sec. 495. NRS 163.170 is hereby amended to read as follows:
163.170 [Any] A beneficiary of a trust affected by NRS 163.010 to [163.210,] 163.200, inclusive, may, if of full legal capacity and acting upon full information, by written instrument delivered to the trustee, relieve the trustee as to [such] that beneficiary from any or all of the duties, restrictions, and liabilities which would otherwise be imposed on the trustee by NRS 163.010 to [163.210,] 163.200, inclusive, except as to the duties, restrictions, and liabilities imposed by NRS 163.030, 163.040 and 163.050. [Any such] The beneficiary may release the trustee from liability to [such beneficiary] him for past violations of any of the provisions of NRS 163.010 to [163.210,] 163.200, inclusive.
κ1999 Statutes of Nevada, Page 2371 (CHAPTER 467, AB 400)κ
The beneficiary may release the trustee from liability to [such beneficiary] him for past violations of any of the provisions of NRS 163.010 to [163.210,] 163.200, inclusive.
Sec. 496. NRS 163.180 is hereby amended to read as follows:
163.180 A court [of competent jurisdiction] may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon [him] the trustee by NRS 163.010 to [163.210,] 163.200, inclusive, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violation of the provisions of NRS 163.010 to [163.210,] 163.200, inclusive.
Sec. 497. NRS 163.190 is hereby amended to read as follows:
163.190 If a trustee violates any of the provisions of NRS 163.010 to [163.210,] 163.200, inclusive, he may be removed and denied compensation in whole or in part , [;] and any beneficiary, cotrustee [,] or successor trustee may treat the violation as a breach of trust.
Sec. 498. NRS 163.200 is hereby amended to read as follows:
163.200 NRS 163.010 to [163.210, inclusive, shall] 163.200, inclusive, must be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Sec. 499. NRS 163.230 is hereby amended to read as follows:
163.230 1. A devise , [or bequest,] the validity of which is determinable by the law of this state, may be made by a will to a trustee or trustees of a trust established or created by the testator , or by the testator and some other person or persons , or by some other person or persons , [(] including a funded or unfunded life insurance trust, although the [trustor] settlor has reserved any or all rights of ownership of the insurance contracts , [),] if the trust is identified in the testators will and the terms are set forth in a written instrument [(] other than a will , [)] executed before or concurrently with the execution of the testators will, or in the valid last will of a person who has predeceased the testator , [(] regardless of the existence, size or character of the corpus of the trust . [).]
2. The devise [or bequest] is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.
3. Unless the testators will provides otherwise, the property so devised : [or bequeathed:]
(a) Shall not be deemed to be held under a testamentary trust of the testator but is a part of the trust to which it is given; and
(b) Must be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator , [(] regardless of whether made before or after the execution of testators will , [)] or any modifications or amendments whenever made, which are made pursuant to the Charitable Trust Act of 1971, and, if the testators will so provides, including any amendments to the trust made after the death of the testator.
4. A revocation or termination of the trust before the death of the testator causes the devise [or bequest] to lapse.
κ1999 Statutes of Nevada, Page 2372 (CHAPTER 467, AB 400)κ
Sec. 500. NRS 163.275 is hereby amended to read as follows:
163.275 1. A fiduciary may invest and reinvest, as [the fiduciary] he deems advisable:
[1.] (a) In stocks , [(] common or preferred , [),] bonds, debentures, notes, mortgages or other securities in or outside the United States;
[2.] (b) In insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest, or in annuity contracts for any beneficiary;
[3.] (c) In any real or personal property;
[4.] (d) In investment trusts;
[5.] (e) In participations in common trust funds; [and
6.] (f) In securities of any corporation, trust, association or fund:
[(a)] (1) Which is engaged, or proposes to engage, in the business of investing, reinvesting, owning, holding or trading in securities;
[(b)] (2) Whose assets are invested principally in cash or in securities of other issuers; and
[(c)] (3) Which is registered as an investment company with the Securities and Exchange Commission [.
7.] and
(g) Generally in such property as the fiduciary deems advisable, even though [such] the investment is not of the character approved by applicable law but for this section.
2. A fiduciary may delegate the authority to invest, but he is not thereby relieved of any liability that exists in the absence of delegation.
Sec. 501. NRS 163.290 is hereby amended to read as follows:
163.290 A fiduciary may form a corporation , limited liability company or other entity , and transfer, assign and convey to [such] the corporation , limited liability company or entity all or any part of the estate or of any trust property in exchange for the stock, securities or obligations of [any such corporation] the corporation, limited liability company or entity, and continue to hold [such] the stock and securities and obligations.
Sec. 502. NRS 163.295 is hereby amended to read as follows:
163.295 A fiduciary may continue any farming operation received by the fiduciary pursuant to the will , trust or other instrument and do any and all things deemed advisable by the fiduciary in the management and maintenance of such farm and the production and marketing of crops and dairy, poultry, livestock, orchard and the forest products, including , but not limited to , the following powers:
1. To operate the farm with hired labor, tenants or sharecroppers;
2. To lease or rent the farm for cash or for a share of the crops;
3. To purchase or otherwise acquire farm machinery and equipment and livestock;
4. To construct, repair and improve farm buildings of all kinds needed, in the fiduciarys judgment, for the operation of the farm;
5. To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes such as for production, harvesting or marketing, or for the construction, repair or improvement of farm buildings, or for the purchase of farm machinery, equipment or livestock;
κ1999 Statutes of Nevada, Page 2373 (CHAPTER 467, AB 400)κ
6. To employ approved soil conservation practices in order to conserve, improve and maintain the fertility and productivity of the soil;
7. To protect, manage and improve the timber and forest on the farm and sell the timber and forest products when it is to the best interest of the estate;
8. To ditch, dam and drain damp or wet fields and areas of the farm when and where needed;
9. To engage in the production of livestock, poultry or dairy products, and to construct such fences and buildings and plant such pastures and crops as may be necessary to carry on such operations;
10. To market the products of the farm; and
11. In general, to employ good husbandry in the farming operation.
Sec. 503. NRS 163.315 is hereby amended to read as follows:
163.315 In dealing with one or more fiduciaries, a fiduciary may:
1. Sell property, real or personal, to, or exchange property with, the trustee of any trust which the decedent or the settlor or [his] the settlors spouse or any child of [his] the settlor has created, for such estates and upon such terms and conditions as to sale price, terms of payment and security as to the fiduciary seem advisable. The fiduciary has no duty to follow the proceeds of any such sale.
2. Borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and securities as the fiduciary deems available from any trust created by the decedent, [his spouse or any child of his,] or the spouse or child of the decedent, for the purpose of:
(a) Paying debts of the decedent, taxes, the costs of the administration of the estate [,] and like charges against the estate, or any part thereof; or
(b) Discharging the liability of any fiduciary thereof. A fiduciary may mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to [secure such] obtain the loan or loans and to renew [such] the loans.
Sec. 504. NRS 163.320 is hereby amended to read as follows:
163.320 A fiduciary may:
1. Borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and security as the fiduciary deems advisable, including the power of a corporate fiduciary to borrow from its own banking department, for the purpose of paying debts, taxes or other charges against the estate or any trust, or any part thereof;
2. [Mortgage,] Provide a guarantee by the trust or mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to [secure such] obtain the loan or loans; and
3. Renew existing loans either as maker or endorser.
Sec. 505. NRS 163.400 is hereby amended to read as follows:
163.400 A fiduciary may:
1. Make payments in money, or in property in lieu of money, to or for a minor or [incompetent] incapacitated person in any one or more of the following ways:
(a) Directly to [such] the minor or [incompetent.] incapacitated person.
(b) To apply directly in payment for the support, maintenance, education and medical, surgical, hospital or other institutional care of [such] the minor or [incompetent.] incapacitated person.
κ1999 Statutes of Nevada, Page 2374 (CHAPTER 467, AB 400)κ
(c) To the legal or natural guardian of [such] the minor or [incompetent.] incapacitated person.
(d) To any other person, whether or not appointed guardian of the person by any court, who has, in fact, the care and custody of the person of [such] the minor or [incompetent.] incapacitated person.
2. The fiduciary has no duty to see to the application of the payments so made, if the fiduciary exercised due care in the selection of the person, including the minor or [incompetent,] incapacitated person, to whom [such] the payments were made, and the receipt of [such person shall be] that person is full acquittance to the fiduciary.
Sec. 506. NRS 163.440 is hereby amended to read as follows:
163.440 As used in NRS 163.420 to 163.550, inclusive, unless otherwise indicated, section references are to the [Federal] Internal Revenue Code of [1954,] 1986, as in effect on January 1, [1971,] 1999, and include future amendments to such sections and corresponding provisions of future [Internal Revenue Laws.] federal internal revenue laws.
Sec. 507. NRS 163.520 is hereby amended to read as follows:
163.520 1. In the administration of any private foundation trust, split interest trust or charitable trust which is subject to the provisions of the Internal Revenue Code of [1954,] 1986, as in effect on January 1, [1971,] 1999, the following acts are prohibited:
(a) Engaging in any act or self-dealing , [(] as defined in Section 4941(d) [)] , which would give rise to any liability for the tax imposed by Section 4941(a);
(b) Retaining any excess business holdings , [(] as defined in Section 4943(c) [)] , which would give rise to any liability for the tax imposed by Section 4943(a);
(c) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust within the meaning of Section 4944, so as to give rise to any liability for the tax imposed by Section 4944(a); and
(d) Making any taxable expenditures , [(] as defined in Section 4945(d) [)] , which would give rise to any liability for the tax imposed by Section 4945(a).
2. This section does not apply to those split interest trusts or amounts of such split interest trusts which are not subject to the prohibitions applicable to private foundations by reason of the provisions of Section 4947.
Sec. 508. NRS 163.540 is hereby amended to read as follows:
163.540 1. [Any district court of the State of Nevada] A court of this state having jurisdiction over any trust to which NRS 163.420 to 163.550, inclusive, apply may amend any trust instrument to conform to the provisions of NRS 163.420 to 163.550, inclusive.
2. Any such amendment [shall] must be effected by the [trustees] trustee filing a [verified petition with the district court and paying the same fee therefor as is required by the clerk of that district for the filing of a civil complaint. The] petition with the court. The clerk of the court shall set a date for the hearing of the petition, and the trustee shall cause notice of the hearing of the petition [shall] to be:
κ1999 Statutes of Nevada, Page 2375 (CHAPTER 467, AB 400)κ
(a) Personally served on the [trustor or trustors of such] settlor or settlors of the trust, if living, and on all named beneficiaries of [such] the trust, if any, [at least 10 days before the time of the hearing, by handing a copy of the notice to the trustor or trustors, to the beneficiaries guardian or attorneys of record, or mailed by registered or certified mail, with return receipt requested, to the trustor or trustors, and the beneficiaries or their guardians or attorneys of record, at the last known address of the addressee; and
(b) Posted at the courthouse at least 10 days prior to the time for hearing, or published for at least once a week for 3 successive weeks in such newspaper as the court or judge orders. There shall be] for the period and in the manner provided in NRS 155.010;
(b) Published on three dates of publication before the hearing, and if the newspaper is published more than once each week, there must be at least 10 days [between the date of last publication and the time of hearing;] from the first to last date of publication, including both the first and the last days; and
(c) Delivered, together with a copy of the petition, to the attorney general of the State of Nevada at the time of the filing of the petition.
3. At the hearing of [such verified] the petition, the court [or judge] may authorize the trustee to amend, revise, delete or add provisions to the trust [articles] instrument to conform to NRS 163.420 to 163.550, inclusive, [in order] to avoid the penalties and liabilities described in Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the [trustor or trustors of such] settlor or settlors of the trust are living and competent to act, [his or their] written consent of the settlor or settlors must first be obtained.
Sec. 509. NRS 163.570 is hereby amended to read as follows:
163.570 A trustee may:
1. Join with a decedents surviving spouse [, the executor of the decedents will, or the administrator] or the personal representative of the decedents estate in the execution and filing of a joint income tax return for any period before the decedents death for which the decedent had not filed an income tax or gift tax return on gifts made by the spouse;
2. Consent to treat such gifts as having been made one-half by the decedent for any period before his death; and
3. Pay such taxes thereon as are chargeable to the decedent.
Sec. 510. Chapter 164 of NRS is hereby amended by adding thereto the provisions set forth as sections 511, 512 and 513 of this act.
Sec. 511. Except as otherwise provided in section 513 of this act, the clerk shall set a petition authorized by this chapter for hearing, and the petitioner shall give notice to all interested persons for the period and in the manner provided in NRS 155.010. The notice must state the filing of the petition, the object and the time of the hearing. For the purposes of this section, interested person means a settlor, trustee, beneficiary or any other person to whom the court directs that notice be given.
Sec. 512. 1. The court has exclusive jurisdiction of proceedings initiated by the petition of an interested person concerning the internal affairs of a nontestamentary trust. Proceedings which may be maintained under this section are those concerning the administration and distribution of trusts, the declaration of rights and the determination of other matters involving trustees and beneficiaries of trusts, including petitions with respect to a nontestamentary trust for any appropriate relief provided with respect to a testamentary trust in section 428 of this act.
κ1999 Statutes of Nevada, Page 2376 (CHAPTER 467, AB 400)κ
involving trustees and beneficiaries of trusts, including petitions with respect to a nontestamentary trust for any appropriate relief provided with respect to a testamentary trust in section 428 of this act.
2. A petition under this section may be filed in conjunction with a petition under NRS 164.010 or at any time after the court has assumed jurisdiction under that section.
3. Upon the hearing, the court shall enter such order as it deems appropriate. The order is final and conclusive as to all matters determined and is binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the supreme court may be taken from the order within 30 days after notice of its entry by filing notice of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of record.
4. A proceeding under this section does not result in continuing supervisory proceedings. The administration of the trust must proceed expeditiously in a manner consistent with the terms of the trust, without judicial intervention or the order, approval or other action of any court, unless the jurisdiction of the court is invoked by an interested person or exercised as provided by other law.
Sec. 513. 1. The trustee or an interested person may petition the court to enter an order:
(a) If the trustee is in possession of, or holds title to, property and the property or an interest in it is claimed by another.
(b) If the trustee has a claim to property and another holds title to or is in possession of the property.
(c) If property of the trust is subject to a claim of a creditor of the settlor of the trust.
2. The court shall not grant a petition under this section if it determines that the matter should be determined by civil action.
3. The petition must state facts showing that it is authorized under this section, the grounds of the petition, and the name and address of each person entitled to notice of the petition.
4. Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice of the hearing, at least 30 days before the time set, to:
(a) All interested persons, including the attorney general if the petition relates to a charitable trust, in the manner provided in NRS 155.010.
(b) Each person claiming an interest in, or having title to or possession of the property, and any other person whose right, title or interest in or to the property would be affected by the granting of the petition, in the manner provided in NRS 155.040.
(c) Any other person, and in the manner, directed by the court.
5. Except as otherwise provided in subsection 2, if the court is satisfied that a conveyance, transfer, delivery or other disposition should be made, the court shall enter an order directing the trustee or other person having title to or possession of the property to convey, transfer or deliver it to the person entitled thereto or granting other appropriate relief.
κ1999 Statutes of Nevada, Page 2377 (CHAPTER 467, AB 400)κ
6. Any person aggrieved by an order entered pursuant to this section may appeal to the supreme court within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of record.
Sec. 514. NRS 164.010 is hereby amended to read as follows:
164.010 1. Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of [any] a settlor or beneficiary of the trust, the district court of the county [wherein] in which the trustee resides or [has his place of] conducts business , or in which the trust has been domiciled, shall consider the application to confirm the appointment of the trustee and specify the manner in which [he shall] the trustee must qualify. Thereafter the [district court shall have] court has jurisdiction of the trust as a proceeding in rem.
2. [Upon petition of any person appointed as trustee of an express trust by any will, or upon petition of any beneficiary of the trust, the district court in which the will was probated shall consider the application to confirm the appointment of the trustee and specify the manner in which he shall qualify. Thereafter the district court shall have jurisdiction of the trust as a proceeding in rem.] If the court grants the petition, it may consider at the same time any petition for instructions filed with the petition for confirmation.
3. At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.
Sec. 515. NRS 164.025 is hereby amended to read as follows:
164.025 1. The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 [.
2. If notice is so published, it] and mail a copy of the notice to known or readily ascertainable creditors.
2. The notice must be in substantially the following form:
Notice to Creditors
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated ...................................................
.......................................................
Trustee
.......................................................
Address
3. A person having a claim, due or to become due, against a settlor or the trust must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. Any claim against the trust estate not filed within [90 days after the first publication of notice] that time is forever barred.
κ1999 Statutes of Nevada, Page 2378 (CHAPTER 467, AB 400)κ
days after the first publication of notice] that time is forever barred. After [90 days from the first publication of the notice,] the expiration of the time, the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.
4. If the trustee knows or has reason to believe that the settlor received public assistance during his lifetime, the trustee shall, whether or not he gives notice to other creditors, give notice within 30 days after the death to the welfare division of the department of human resources [by certified mail, return receipt requested, postage prepaid.] in the manner provided in NRS 155.010. If notice to the welfare division is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the welfare division to recover public assistance received.
Sec. 516. NRS 164.040 is hereby amended to read as follows:
164.040 [Nothing in NRS 164.010 and 164.030 shall be deemed to limit or abridge]
1. NRS 164.010 and section 513 of this act do not limit or abridge the power or jurisdiction of the district court over trusts and trustees.
2. The court may enter any order or take any other action necessary or proper to dispose of the matters presented by a petition, including the appointment of a temporary trustee to administer the trust in whole or in part.
Sec. 517. NRS 164.050 is hereby amended to read as follows:
164.050 1. In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, and subject to any express provision or limitation contained in any particular trust instrument , agreement, court order or will, a fiduciary may acquire and retain every kind of property, real, personal or mixed, and every kind of investment, including, without limitation, bonds, debentures [,] and other corporate obligations, and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account.
2. The propriety of an investment decision is to be determined by what the fiduciary knew or should have known at the time of the decision about the inherent nature and expected performance of the investment, the attributes of the portfolio, the general economy and the needs and objectives of the beneficiaries of the account as they existed at the time of the decision. Any determination of the liability of the fiduciary for the performance of his investments must be made giving consideration not only to the performance of a particular investment, but also to the performance of the portfolio as a whole.
κ1999 Statutes of Nevada, Page 2379 (CHAPTER 467, AB 400)κ
3. [Nothing contained in this section authorizes] This section does not authorize any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or [other] trust instrument creating or defining the duties and powers. The term legal investment or authorized investment, or words of similar import, as used in any such instrument, must be construed to mean any investment which is permitted by the terms of subsection 1.
4. The provisions of this section govern fiduciaries acting pursuant to wills, agreements, court orders and [other] trust instruments.
Sec. 518. NRS 164.070 is hereby amended to read as follows:
164.070 NRS 164.070 to [164.120,] 164.100, inclusive, may be cited as the Uniform Common Trust Fund Act.
Sec. 519. NRS 164.080 is hereby amended to read as follows:
164.080 1. Any bank or trust company qualified to act as fiduciary in this state, or in any other state if affiliated with a bank or trust company qualified to act as fiduciary in this state, may:
(a) Establish common trust funds to furnish investments to itself and its affiliated bank or trust company as fiduciary or to itself, its affiliated bank or trust company and others, as cofiduciaries; and
(b) As fiduciary or cofiduciary, invest money which it lawfully holds for investment in interests in those common trust funds, if the investment is not prohibited by the instrument, judgment, decree or order creating the fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciaries to the investment.
2. Any bank or trust company, qualified to act as fiduciary in the state in which it was chartered, which is not a member of the Federal Reserve System shall, in the operation of the common trust fund, comply with the regulations adopted by the supervisor of banking in the state in which it was chartered and with the regulations adopted by the commissioner of financial institutions in this state.
3. The commissioner of [the division of] financial institutions of the department of business and industry may adopt regulations to carry out the provisions of NRS 164.070 to [164.120,] 164.100, inclusive.
4. As used in this section, affiliated means two or more banks or trust companies:
(a) In which at least 25 percent of their voting shares, excluding shares owned by the United States or by any company wholly owned by the United States, are directly or indirectly owned or controlled by a holding company; or
(b) In which the election of a majority of the directors is controlled in any manner by a holding company.
Sec. 520. NRS 164.090 is hereby amended to read as follows:
164.090 Unless ordered by a court of competent jurisdiction , the bank or trust company operating [such] common trust funds is not required to render a court accounting with regard to [such funds;] those funds, but it may, by [application to the district] petition to the court, secure approval of such an accounting on such conditions as the court may establish.
κ1999 Statutes of Nevada, Page 2380 (CHAPTER 467, AB 400)κ
Sec. 521. NRS 164.100 is hereby amended to read as follows:
164.100 NRS 164.070 to [164.120,] 164.100, inclusive, [shall] must be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Sec. 522. NRS 164.130 is hereby amended to read as follows:
164.130 Upon [motion] petition by any person appointed by the court or otherwise as trustee, with the concurrence of the beneficiary or beneficiaries, a [district] court having jurisdiction of a trust may transfer supervision of the trust to any judicial district within the state, or to any court outside Nevada which accepts jurisdiction over the trust, when the convenience of beneficiaries, trustees, attorneys or other interested persons makes a transfer desirable.
Sec. 523. NRS 164.520 is hereby amended to read as follows:
164.520 Donative instrument means a will, trust, deed, grant, conveyance, agreement, memorandum, writing or other governing document, including the terms of any institutional solicitations from which an institutional fund resulted, under which property is transferred to or held by an institution as an institutional fund.
Sec. 524. NRS 165.020 is hereby amended to read as follows:
165.020 1. As used in this chapter:
(a) Affiliate means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control by another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly.
(b) Beneficiary includes a beneficiary under the trust, a person who is entitled to the trust capital at the termination of the trust and a surety on the bond of the trustee.
(c) Nontestamentary trustee means a trustee serving under a trust created in this state otherwise than by a will, or such a trust administered in this state, whether the trustee was appointed by the settlor or by a court or other authority.
(d) Relative means a spouse, ancestor, descendant, brother [,] or sister.
(e) Settlor includes the creator of a testamentary as well as a nontestamentary trust.
(f) Testamentary trustee means a trustee serving under a trust created by a will of a testator domiciled in this state at the time of [his] the testators death, whose will has been admitted to probate in this state, whether the trustee was appointed by the testator or by a court or other authority.
(g) Trustee includes trustees, a corporate as well as a natural person, a successor or substitute trustee, and the successor in interest of a deceased sole trustee.
2. This chapter [shall] does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the nature of mortgages or pledges, trusts created by judgment or decree of a federal court or a state court other than the district court acting in probate matters, liquidation trusts, or trust for the sole purpose of paying dividends, interest or interest coupons, salaries, wages or pensions.
κ1999 Statutes of Nevada, Page 2381 (CHAPTER 467, AB 400)κ
sole purpose of paying dividends, interest or interest coupons, salaries, wages or pensions.
Sec. 525. NRS 165.030 is hereby amended to read as follows:
165.030 Within 75 days after [it is the duty of the first qualifying] a testamentary trustee [to take] receives possession of [the] trust property [he] , the trustee shall file with the [district] court where the will was admitted to probate an inventory under oath, showing by items all the trust property which [shall have] has come to [his] the possession or knowledge [.] of the trustee.
Sec. 526. NRS 165.040 is hereby amended to read as follows:
165.040 1. Except as otherwise provided in subsection 3, within [75 days after the expiration of the first year after the first qualifying testamentary trustee was under] 60 days after the end of the calendar year in which the testamentary trustee had a duty to file [his] an inventory, as prescribed in NRS 165.030, [or, at his election, within 75 days after the expiration of the testamentary trustees first fiscal year,] the testamentary trustee [then in office] shall file with the [district] court of the county where the will was admitted to probate an intermediate account under oath covering the year and showing:
(a) The period which the account covers;
(b) The names and addresses of the living beneficiaries known to the trustee, with a statement as to those known to be minors or [under legally declared disability,] incapacitated persons, a description of any possible unborn or unascertained beneficiaries, and the name of the surety or sureties on the trustees bond with the amount of the bond;
(c) In a separate schedule, additions to trust principal during the accounting period with the dates and sources of acquisition, investments collected, sold or charged off during the accounting period, investments made during the accounting period, with the date, source and cost of each, deductions from principal during the accounting period, with the date and purpose of each, and the trust principal, invested or uninvested, on hand at the end of the accounting period, reflecting the approximate market value thereof;
(d) In a separate schedule , the trust income on hand at the beginning of the accounting period, and in what form held, trust income received during the accounting period, when, and from what source, trust income paid out during the accounting period, when, to whom, and for what purpose, trust income on hand at the end of the accounting period, and how invested;
(e) That , without prior court authority, neither any seller to, nor buyer from, the trustee of trust property during the accounting period was at the time of the sale or purchase:
(1) In the case of a corporate trustee, an affiliate or any officer, employee, or nominee of the trust or of an affiliate; or
(2) In the case of a noncorporate trustee, a relative, partner, employer, employee or business associate,
but none of the provisions of this paragraph apply to purchases and sales made by brokers for the trustee or to stock exchanges;
κ1999 Statutes of Nevada, Page 2382 (CHAPTER 467, AB 400)κ
(f) A statement of unpaid claims with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust property, and if due, whether paid;
(g) A brief summary of the account; and
(h) Such other facts as the court may by rule or court order require.
2. Except as otherwise provided in subsection 3, within [30] 60 days after the end of each [yearly period] calendar year thereafter during the life of the trust, the testamentary trustee then in office shall file with the same court an intermediate account under oath showing corresponding facts regarding the current accounting period.
3. A corporate trustee is not required to file the intermediate accounts specified in subsections 1 and 2. A corporate trustee [must] shall include the information specified in subsection 1 in the final account for the entire time for which the trustee administered the trust.
Sec. 527. NRS 165.050 is hereby amended to read as follows:
165.050 Within [30] 60 days after the termination of [every] a testamentary trust , the trustee, and in the case of the transfer of the trusteeship [due to] because of the death, resignation, removal, dissolution, merger [,] or consolidation of a sole trustee, the successor in interest of the old trustee, shall file with the [district] court of the county where the will was admitted to probate a final account under oath, showing for the period since the filing of the last account the facts required by NRS 165.040 regarding intermediate accountings, and in case of termination of the trust, the distribution of the trust property which the accountant proposes to make.
Sec. 528. NRS 165.060 is hereby amended to read as follows:
165.060 Within 30 days after the distribution of the trust property by the testamentary trustee [he] , the trustee shall file in the court where the final account was filed a [distribution] distributive account of the trust property which [he] the trustee has distributed and the receipts of the distributees. The court shall, as soon as practicable, act upon the account and discharge the trustee if the distributive account is approved.
Sec. 529. NRS 165.070 is hereby amended to read as follows:
165.070 1. Every testamentary trustee who files an intermediate account in court shall , within 10 days after [such] the filing , deliver to each known beneficiary a notice of [such] the filing, and if there is to be no court hearing on the account , a summary of the account with an offer to deliver the full account on demand, or if there is to be a court hearing on the account , a copy of the account. [Such] The delivery may be:
[1.] (a) By handing the notice [or copy] and summary or full account to the beneficiary personally, or to [his guardian,] the beneficiarys guardian or attorney of record; or
[2.] (b) By sending [it] them by registered [or certified mail with return receipt requested to such beneficiary, or his] , certified or first-class mail to the beneficiary, guardian or attorney of record, at the last known address of the addressee.
2. Any beneficiary or the trustees may petition the court for a hearing on any intermediate account, and the holding of such a hearing [shall be] is in the discretion of the court. In the case of the third intermediate accounting, and every 3 years thereafter, the trustee shall [apply to] petition the court for a hearing on and approval of all unapproved accounts, and shall give each known beneficiary written notice of [such application at least 5 days before the return day thereof,] the petition at least 10 days before the day of the hearing, in the manner prescribed for the delivery of the copy of the account.
κ1999 Statutes of Nevada, Page 2383 (CHAPTER 467, AB 400)κ
a hearing on and approval of all unapproved accounts, and shall give each known beneficiary written notice of [such application at least 5 days before the return day thereof,] the petition at least 10 days before the day of the hearing, in the manner prescribed for the delivery of the copy of the account. The [return day of the application for a] date of the hearing on a petition to approve an intermediate accounting [shall] must be at least [5] 10 days after the latest account was filed. The notice by the trustee of the [application] petition for a hearing on and approval of the account [shall] must inform the beneficiaries of the amount of [commissions or other compensation] fees to be requested by the trustee on [such] the hearing, and the amount of other fees which the court will then be requested to allow.
Sec. 530. NRS 165.080 is hereby amended to read as follows:
165.080 At least 10 days before the [return day] hearing of a petition to approve a final accounting, the testamentary trustee shall deliver to each beneficiary a copy of the account and a notice of the time and place at which the account will be presented for approval, which [date shall] may not be earlier than 10 days after the account was filed. [Such] The delivery may be accomplished in the same manner as with regard to the service of papers on the intermediate accounting. The notice [shall] must inform the beneficiaries of the amount of [commissions or other compensation] fees to be requested by the trustee [on the application] in the petition for approval of the account, and the amount of other fees which the court will then be requested to allow.
Sec. 531. NRS 165.090 is hereby amended to read as follows:
165.090 1. Except as provided in subsection 2, when an intermediate or final account is presented for consideration in court , the testamentary trustee [shall produce in court vouchers for all expenditures of $20 or more, made by the trustee during the accounting period. Where the account is accompanied by a report of a certified or registered public accountant, or a certified or registered public accountant upon hearing of any account testifies that all expenditures of $20 or more made by the trustee during the accounting period are supported by vouchers, then it shall not be necessary to produce the vouchers in court. When vouchers are produced upon a hearing the same shall be returned to the trustee after the account is approved.
2. A corporate trustee] is not required to file vouchers with the court to substantiate payments made [on behalf of any beneficiary,] in the administration of the trust, but shall retain possession of the vouchers and permit examination thereof by [any beneficiary or] the court [.] or any person interested in the estate.
2. The court on its own motion, or upon application ex parte for good cause by any interested person, may order production for examination of vouchers, canceled checks or other documents that support an account.
3. If any vouchers are lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. If it is proved that vouchers for a disbursement have been lost or destroyed, that it is impossible to obtain duplicates, and that the expenses were paid in good faith and were legal charges against the testamentary trust, the trustee must be allowed those expenses.
κ1999 Statutes of Nevada, Page 2384 (CHAPTER 467, AB 400)κ
Sec. 532. NRS 165.100 is hereby amended to read as follows:
165.100 [Any] A beneficiary who is a minor [, of unsound mind,] or otherwise legally [incompetent,] incapacitated, and also possible unborn or unascertained beneficiaries , may be represented in a testamentary trust accounting by [the court,] a court-appointed attorney or by competent living members of the class to which they do or would belong, or by a guardian ad litem, as the court deems [best.] proper. If the residence of any beneficiary is unknown, or there is doubt as to the existence of one or more persons as beneficiaries, the court shall make such provision for service of notice and representation on the accounting as it believes proper.
Sec. 533. NRS 165.110 is hereby amended to read as follows:
165.110 On or before the [return day of an application for a hearing on and] date of the hearing of a petition for approval of an intermediate or final account , the testamentary trustee shall file an affidavit or certificate proving the timely delivery to the known beneficiaries of the documents required by this chapter or by court order. The procedure as to filing of objections, examination of the trustee and other witnesses, inspection of the trust property, adjournments, reference to a master or other representative of the court, amendment of the account [,] and similar matters, [shall be] is in the discretion of the court. [The court shall, as soon as practicable, act upon the account, and discharge the trustee if the account is an approved distribution account.]
Sec. 534. NRS 165.120 is hereby amended to read as follows:
165.120 The approval by the court of a testamentary trustees account after due notice and service of papers or representation as provided in this chapter , [shall,] subject to the right of appeal, [relieve] relieves the trustee and his sureties from liability to all beneficiaries then known or in being, or who thereafter become known or in being, for all the trustees acts and omissions which are fully and accurately described in the account, including the then investment of the trust funds. The court may disapprove the account and surcharge the trustee for any loss caused by a breach of trust committed by him. The account may be reopened by the court on [motion] petition of the trustee or a beneficiary, for amendment or revision, if it later appears that the account is incorrect, either because of fraud or mistake. Court approvals or disapprovals of intermediate or final accounts shall be deemed final judgments insofar as the right of appeal is concerned. No account [shall] may be reopened because of a mistake more than 1 year after its approval. No beneficiary may move for the reopening of any account because of fraud more than 90 days after he discovers the existence of the fraud.
Sec. 535. NRS 165.135 is hereby amended to read as follows:
165.135 The trustee of [each] a nontestamentary trust shall, not less often than annually, furnish to each beneficiary who is currently entitled to receive income pursuant to the terms of the trust , to each residuary beneficiary who is then living, to each specific beneficiary then living who has not received complete distribution, and to any surety on the bond of the trustee of the trust an account showing:
1. The period which the account covers;
2. In a separate schedule:
κ1999 Statutes of Nevada, Page 2385 (CHAPTER 467, AB 400)κ
(a) Additions to trust principal during the accounting period with the dates and sources of acquisition;
(b) Investments collected, sold or charged off during the accounting period;
(c) Investments made during the accounting period, with the date, source and cost of each;
(d) Deductions from principal during the accounting period, with the date and purpose of each; and
(e) The trust principal, invested or uninvested, on hand at the end of the accounting period, reflecting the approximate market value thereof;
3. In a separate schedule:
(a) Trust income on hand at the beginning of the accounting period, and in what form held;
(b) Trust income received during the accounting period, when [,] and from what source;
(c) Trust income paid out during the accounting period, when, to whom [,] and for what purpose; and
(d) Trust income on hand at the end of the accounting period [,] and how invested;
4. A statement of any unpaid claims with the reason for failure to pay them; and
5. A brief summary of the account.
Sec. 536. NRS 165.150 is hereby amended to read as follows:
165.150 The clerks of the district courts shall severally keep records of all trust inventories and accounts filed with their respective courts . [, and shall, within 30 days after the filing should have occurred, notify the respective judges of their courts of all failures by trustees to file accounts in accordance with this chapter. Such] Those courts shall, upon learning that a trustee subject to their respective jurisdictions has failed to perform any duty placed upon him by this chapter, issue a citation or order to the trustee requiring him to perform [such] that duty.
Sec. 537. NRS 165.180 is hereby amended to read as follows:
165.180 [Nothing herein contained shall be construed to] This chapter does not abridge the power of any court of competent jurisdiction to require testamentary or nontestamentary trustees to file an inventory, to account, to exhibit the trust property, or to give beneficiaries information or the privilege of inspection of trust records and papers, at times other than those [herein prescribed; and nothing herein contained shall be construed to] prescribed in this chapter, or abridge the power of [such] the court for cause shown to excuse a trustee from performing any or all of the duties imposed on him by this chapter. [Nothing herein contained shall prevent] This chapter does not preclude the trustee from accounting voluntarily [when it is reasonably necessary, even though] even if he is not required to do so by this chapter or by court order.
Sec. 538. NRS 165.190 is hereby amended to read as follows:
165.190 [Any] A beneficiary may [apply to the district] petition the court having jurisdiction over the accountings, as prescribed in this chapter, for an order requiring the trustee to perform the duties imposed upon him by this chapter.
κ1999 Statutes of Nevada, Page 2386 (CHAPTER 467, AB 400)κ
Sec. 539. NRS 132.020, 133.010, 134.140, 134.200, 135.070, 136.080, 136.270, 141.150, 142.120, 148.010, 148.020, 148.030, 148.040, 149.110, 149.120, 149.130, 149.140, 149.150, 150.090, 150.390, 151.100, 151.200, 153.030, 153.040, 153.045, 153.110, 154.050, 163.210, 163.240, 164.110, 164.120 and 165.250 are hereby repealed.
Sec. 540. Sections 275 and 279 of this act become effective at 12:01 a.m. on October 1, 1999.
________
Assembly Bill No. 347Committee on Government Affairs
CHAPTER 468
AN ACT relating to the Southern Nevada Water Authority; authorizing the Southern Nevada Water Authority, under specified circumstances, to increase certain fees; authorizing the Southern Nevada Water Authority to assist certain property owners to connect their property to a public water system; authorizing the Southern Nevada Water Authority to operate a project for the recharge and recovery or underground storage and recovery of water; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 572, Statutes of Nevada 1997, at page 2799, is hereby amended by adding thereto new sections to be designated as sections 14.3 and 14.5, immediately following section 14, to read respectively as follows:
Sec. 14.3. 1. The Southern Nevada Water Authority may, in consultation with the advisory committee, establish a program under which it may enter into an agreement with an owner of real property located in the basin to:
(a) Abandon or plug a well located on the real property;
(b) Install pipes and other appurtenances to deliver water to the real property; and
(c) Pay fees related to the connection of the property to a public water system.
2. An agreement entered into pursuant to subsection 1 must:
(a) Provide for the repayment, over time, to the Southern Nevada Water Authority by the owner of the real property all money expended by the Southern Nevada Water Authority pursuant to the agreement;
(b) Provide that all money to be repaid to the Southern Nevada Water Authority pursuant to the agreement be due and payable upon the sale or other transfer of the real property;
(c) Be secured by a lien upon the real property; and
(d) Be acknowledged and recorded in the same manner as conveyances affecting real property are required to be acknowledged and recorded pursuant to chapter 111 of NRS.